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M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....nt and the Order of the High Court of Bangladesh, dated the 3rd July, 1972 in Appeal from Original Order No. 19 of 1970.) Judgment Kemaluddin Hossain J. — The short point of law involved in this appeal is whether the judgment of the Supreme Court of Pakistan pronounced on ......ourt Appellate Division (Civil) Present: Ahasanuddin Choudhury J Kemaluddin Hossain J Fazle Munim J M/s. Jamal Jute Baling and Co..........Appellant Vs. M/s. M. Sarkies and Son..............Respondent ......d in this appeal is whether the judgment of the Supreme Court of Pakistan pronounced on 6th October, 1971 during the Court of Liberation War is a valid decision. 2. The question arises from an order of the High Court of Bangladesh, passed on appeal from an order of rejection of obligation fi..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....io, To hold otherwise would amount to granting him a power of review which power he does not possess under the Criminal Procedure Code. We are in respectful agreement with the aforesaid principles of law laid down by their Lordships. In the facts and circumstances, we find that although it was filed......CD) (1978) 344. ......ns 342 and 323 of the Penal Code but in respect of the accused-petitioners final report was submitted. The learned Sub-divisional Magistrate on perusal of the police report by his order dated 27-12-72 took cognizance of the case in, respect of the 22 accused but discharged the pe..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....quot;. Plaintiff-respondent No. 2 claims a sum of Rs. 73,311/- by way of compensation for the total loss of "M.L. Jalamoni". Plaintiff-respondent No.1 served a legal notice through his lawyer on or about 21-8-64 to the defendant calling upon him to pay Rs. 65,000/- being the minimum v......149. ......68 and Appellant (In Appeal No.12 of 1967). Appeal No. 12 of 1967. Judgment Ruhul Islam CJ.—Appeal No. 12 of 1967 preferred by the defendant is directed against the judgment and order dated 17th August, 1967 passed by A.M. Abdullah, J. in Admiralty Suit No.1 of 1966. Appeal No...Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
.... The applicants contested the claim of the transferee and contended that the transferee was not the owner of land contiguous to the land transferred and that this application is not maintainable in law and is barred by limitation. 4. The learned Munsif rejected the claim of the transferee hol......ion) Present: Abdul Wadud Chowdhury J Taferuddin Pramanik……………………………Petitioner Vs. Tahmina Khatun and others…………………Opposite Parties Judgment ...... Khandker, B.N. Chowdhury and Mahmudul Islam—Amicus Curiae. Civil Revision Case No. 999 of 1969. Judgment Abdul Wadud Chowdhury J.- This Rule is directed against the judgment and order passed by the learned Subordinate Judge, Kushtia in Miscellaneous Appeal No.106 of 1968 affirm..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
.... the following words:
"There can be no doubt that, if an, appeal is provided against an order passed by a tribunal, the decision of the appellate authority is the operative decision in law, if the appellate authority modifies and revises or reverses the decision of the tribunal. It is......d.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
......depreciation for the assessment years 1947-48 and 1948-49 were adjusted against this income, leaving a loss of Rs. 10,01.637/- to be carried forward. An appeal having been filed against the said order of assessment, the Appellate Assistant Commissioner, by his order dated 14.10.58, held that th..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....d without complying with the provisions of Article 135, it is liable to be quashed. The petitioner further contends that the impugned order having the effect of retrospective operation is bad in law. The petitioner also contends that it is not warranted by the law, as the order of retirement be......Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Respondents Judgment February 9, 1977. Re...... Sultan Hossain Khan, Deputy Attorney General—For the Respondents. Writ petition No. 1025 of 1974 Judgment Ruhul Islam CJ.- In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the petitioner from his service u..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....h Public Servant's (Retirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pass laws regulating the terms and conditions of service. It is the inherent right of the Parliament and ......tirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pass laws regulating the terms and conditions of service. It is the inherent right of the Parliament and for that matter of the sup......re commencement of this Constitution or of persons continuing in the service of the Republic under the provisions of paragraph 10………......(8) The authority while passing the order directed that the petitioner would not be entitled to leave preparatory to retirement. This di..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
.... petitioner's tenants were asked to vacate possession of the building and to make over possession of the same to the S. A. Kanongo on 25-9-1973 at 2 P.M. failing which action will be taken as per law without any further notice. Thereupon the petitioner submitted a petition to the Govt. praying f...... Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………………&......was prepared in the name of the petitioner. The two storeyed building consists of 4 flats which had been let out by the petitioner to monthly tenants. The premises in question was requisitioned by an order dated 15-1-1972 made in Requisition Case No. 2168/1972 and the tenants were asked to give poss..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....dent's Order No.28 of 1972 and as such the impugned order dated 23-10-73 purporting to interfere with the possession and management of the firm in respect of its assets and properties was without lawful authority and was of no legal effect. 4. The High Court Division on examination of......e Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bangladesh and others……………..Appellants Vs. M/s. Speedbird Navigati......d Ahmed, Advocate, instructed by S.S, Hoda Advocate-on-Record—For Respondents Nos.1 and 2. Ex-parte-Respondents No.3-7. Civil Appeal No.14 of 1976. (Appeal from the judgment and order dated 18th June, 1974 passed by a Division Bench of the High Court in Writ Petition No. 306 of..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....sions of the President's Order No.90 of 1972. Before proceeding further the relevant provisions of this enactment may be quoted: "2. Notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, all suits, appeals, applications...... Case is also Reported in: 30 DLR (AD) (1978) 123. ...... Khan, Advocate-on-Record-For the Respondents. Civil Appeal No.38 of 1976. (from Civil Revision No.776 of 1973). Judgment Fazle Munim J. - This appeal is against the judgment and order of a Bench of the High Court Division passed in Civil Revision No.776 of 1973. 2. The on..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)
....pellant to 7 years rigorous imprisonment and a fine of Tk. 500/- in default R. I. for 6 months . 2. The prosecution case, in short, is that on 27.2.73 on receipt of secret information police and law enforcing agencies watched the movement of the accused and another, and at about 4-30 P.M. in Sa...... December 15, 1976. Result: The appeal is allowed. Question of Doubt or Presumption under section 114(g) of the Evidence Act- As the petitioner witness were not examined and no explanation was given for his non examination, presumption under section 114(g) of ......;For the Appellant. A.T.M Afzal, Dy. Attorney General—For the State. Criminal Appeal No. 518 of 1973. Judgment Badrul Haider Chowdhury J.- This appeal is directed against an order of conviction under Article 2(4)(a)(1) of P.O. 50 of 1972 sentencing the appellant to 7 years ..Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....eve him of his duties and desgination of Professor of Medicine of the said IPGMR and to reiterate that the post of Dirctor is a non-practising one should not be declared to have been made without any lawful authority and of no legal effect. 2. Dr. Nurul Islam, an eminent physician of the countr......sh & others ……………..Respondents Judgment December 6, 1976. Result: The rule is made absolute. Case Referred to- The State of Jammu and Kashmir Vs. Triloki Nath Khosa and others, AIR 1174 SC1; State of Assam and others Vs. Kanak Cha......was confirmed as such with effect from 24-4-43. While he was serving as the Prof, of Medicine in the Chittagong Medicine College, he was appointed to act as the Joint Director of the IPGMR by an order date 17-11 -65 and on his representation the Govt. by another Notification dated the 31-3..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ...... Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......e-For the Respondent. Criminal Appeal No.6 of 1976. (From Criminal Revision No.62 of 1972) Judgment Mahmud Husain CJ. - This appeal by special leave is from the judgment and order of the High Court Division dated 15-11-73 in Criminal Revision No.63 of 1972 refusing to quash..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....) (XII). This order dated 7.7. 59 was in violation of the mandatory provisions of the last two paragraphs of clause 21(B) of the Standing Rules and orders and as such the same has been passed without lawful authority. 11. But, the defendant company cannot be forced to reinstate the plaintiff si......rder passed by Sales Personnel Department, Bata Shoe Company dated 7.7.59 terminating the service of the plaintiff, a shop employee of the Bata Shoe Company was in violation of the provision of the Standing Rules and Orders of Shop Employees of the said Company and further for a mandatory injunction......r Hafizullah—For the Respondent. Appeal from Appellate decree No. 204 of 1963. Judgment Abdul Wadud Chowdhury J.- This second appeal arises out of a suit for declaration that the order passed by Sales Personnel Department, Bata Shoe Company dated 7.7.59 terminating the service o..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....945 when there was great demand for them. But for impediments created by the plaintiff the ready stock of the second requisition order of the 26th September could not have been disposed of. The Govt. lawfully determined the account of compensation payable to the owner of the requisitioned properties......DLR (HCD) (1978) 355.
......me displeased with the plaintiff as it failed to satisfy their whimsical wishes; as a result, the firm was put to all sorts of harassment. On one occasion in the month of July, 1944 the plaintiff was ordered not to dispose of its stock of cloths until further order. However, subsequently, on represe..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....Dacca High Court on February 2, 1968 in Writ Petitions Nos.1, 7, 40, 47, 52, 61-63, 88-92, 147,148, 155, 235, 356, 375, 380, 381 and 435 of 1967. In all these appeal questions of facts and law are involved which will be disposed of by a single Judgment. 2. The respondents in tho...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......o. 2 in Civil Appeal 22-D to 32-D, 37-D, 38-D, 44-D & 46-D of 1968 Respondent in Civil Appeal No. 41-D of 1968). Civil Appeal Nos. 20-D to 47-D of 1968. (On appeal from the judgment and order of the High Court of East Pakistan/Dacca, dated the 2nd February, 1968 in Writ Petitions Ns.1,..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
.... Act, 1974, question of its maintainability was raised., 5. On behalf of the State, it was contended that the appeal is not maintainable in this Court for the reasons-(1) Ordinarily amendment in law is prospective excepting that relating to procedure, and change of forum of appeal being a matte......ing Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (1911) 2CH. 1; I.T.Commissioner, (1916) 2 KBD 249; Delhi Cloth and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 50 Mad. 857; Ram Singha, ILR 50 All. 965; Uni......nal Appeal No. 602 of 1974. Judgment Ruhul Islam J.—This reference to the Full Bench has been made by a Division Bench of this Court in connection with an appeal preferred against the order of conviction and sentence passed by Mr. S.S. Ahmed, Special Tribunal I, Tangail dated July 30..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
.... before the Supreme Court of Pakistan at the time of praying for leave that he was a unit representative. The findings of the Court below are there to that effect. Before dealing with the question of law, we must observe that the finding of the High Court is that Nurul Absar was a unit representativ......Reported in: 28 DLR (AD) 190. ......rd—For the Appellant. Mozammel Huq Senior Advocate, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent. Civil Appeal No. 22 of 1973. (From the judgment and order dated 2-4-1970 passed by the Dacca High Court in F.M.A. No. 131 of 1968). Judgment K..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....n. It is further to be remembered that Defence of Pakistan Ordinance and Rules framed thereunder have provided that the provisions of the Ordinance and the Rules shall prevail over all other law in force in Pakistan and any law inconsistent with or contrary to them shall b............Appellant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others............Respondents (In both the appeals Judgment ......is writ petition also as non-maintainable on the ground that Mono Ranjan Saha because of his continued stay in Calcutta was an 'alien enemy'. Both the leave petitions were heard analogously and one order of leave was granted to consider the question whether the appellants to whom passports wer..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
.... was submitted on 3-4-68 to the Additional Deputy Commissioner, who on consultation with the local Government Pleader, returned the award to Mr. Z. A. Chowdhury asking him to take action according to law. The award was then filed in Court on 10-9-68 by the Arbitrator, Mr. Z. A. Chowdhury. ......B. 256; Brogden Vs. Metropolitan Railway Company, 1877 (2) Appeal Cases 666; Muhd. Sagir Bhatti & Sons Vs. Federation of Pakistan, (1968) 10 DLR (SC) 169. Lawyers Involved: M. H. Khandker, Senior Advocate, with B.B. Roy Chowdhury and B.K. Das, Advocates, instructed by S.M. Huq, Ad......espondent through his attorney A. Kusuf filed an application on 25-9-67 and agreed to the arbitration by Messers Alimullah Chowdhury and Z.A. Chowdhury. The Additional Deputy Commissioner, by an order of 28-9-67 appointed Mr. Zainul Abedin Chowdhury as the Arbitrator and Mr. Alimullah Chow..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
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