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.... constitution.
In the result, there being no substance in the appeal it is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 72.
......: 28 DLR (AD) (1976) 72.
...... appellant received a notice from an Inspector of Central Excise, Chandroghona Circle, Chittagong intimating that the Collector of Central Excise and Land Customs, Chittagong, East Zone had issued an order to assess 'Dilphane' under item 35 of the First Schedule to the Central Excise and Salt Act, 1..
Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
....e, amply protected his right by imposing those conditions on the respondent No. 6. In addition to what has already been said above it may be mentioned that such terms and conditions are in the eye of law ineffective because the Govt. had no authority under the provisions' of section 8B ......urt Division
(Special Original Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh………….............For Respondent No. 6.
B. B. Roy Chowdhury, A.A.G.—For Respondent No. 2.
Writ Petition No. 573 of 1974.
Judgment
Fazle Munim J. — This Rule was directed against an order dated 12. 3. 73 passed by the government by which the lands in question; were withdrawn from a..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....hibiting the allotment of more than one shop to a person or in the name of his or her spouse or children. It was admitted that the petitioner was an unauthorized occupant liable to eviction under the law. Though it was at same time deemed mat it is not the petitioner but the Civil Defense authority ......
Md. Shahabuddin ………………Petitioner
Vs.
Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Buildings, Dacca and 2 others……………Respondents
Judgment
August 28, ......he space under the stair case of the second building of Nawab Yusuf D.I.T. Market, Dacca since 1965. Excepting the verbal permission of the officer of respondent No. 1 he had no other right there. No order of allotment was over made in his favor. Since the year 1968 he has been applying for the sett..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
....ce cannot be bound by any direction from the Special Tribunal to submit either a final report or a charge sheet. We therefore think that the impugned order is not in accordance with the provisions of law as are contained in sub-section (7) of section 27 of the Special Powers Act, 1974. ......in: 27 DLR (HCD) (1975) 550 ......;M.A. Baqui Mallik, Advocates - For addition of party Petition No. 199 of 1975 Judgment Fazle Munim J. - In this petition under Article 102 of the constitution the validity of an order dated 5.4.75 passed by the Special Tribunal No. 1 Sylhet directing the police to submit charge..Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
.... a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account." 7. The section declares the law of damages arising from breach of contract. Regarding section 73, the Privy Council in Jamal Vs......td……..............Respondent Judgment July 31, 1975. Result: The appeal is dismissed. Cases Referred to- Jamal Vs. Moola Dowood and sons, AIR 1915 P. C. 48: A. V. Joseph Vs. R. Skow Bux, AIR 1918 Privy Council 149; Erroll Mocka......at the defaulting party must pay the difference between contract price and the market price on the date of breach. 12. The second contention of Mr. Sharif is the second point of the leave order. He says, the High Court was not justified in taking the market price prevailing on 19. 8. 5..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
.... the order dated 2-8-69 passed by the Secretary, Revenue Department, setting aside the order of requisition of the property in dispute dated 15-8-68 should not be declared to have been passed without lawful authority. The property in dispute which stands on two bighas of land with building thereon w......July 30, 1975.
Result:
The rule is discharged
Lawyers Involved:
Mirza Golam Hafiz, with Md. Abdul Aziz—For the Petitioner.
M.M. Haque, A.A.G.—For Respondent No. 1 and 2.
Ahmed Subhan with A. Hasib and A.Y. Salehuzsaman—For Respondent Nos. 4 and 6.
......ondent Nos. 4 and 6.
Writ Petition No.20 of 1971.
Judgment
Fazle Munim J.— A rule was issued by this Court on 11th January 1971 calling upon the respondents to show cause why the order dated 2-8-69 passed by the Secretary, Revenue Department, setting aside the order of requisiti..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....ing the appeal in 60 days, I do not find any reason to restrict the petitioner's right to pray for leave any time within the period of limitation or to fetter the petitioner's right to have a lawyer of his own choice. But, I fully agree that the application for leave should not be entertaine......ury J. - This is an application for leave to appeal under clause 15 of the Letters Patent. It appears that the Second appeal out of which the present application arose was disposed of by me on 2.4.75 and the present application has been filed on 10.7.75. The earlier application filed on 8.7.75 was r......e present application arose was disposed of by me on 2.4.75 and the present application has been filed on 10.7.75. The earlier application filed on 8.7.75 was rejected by me on 9.7.75 as being not in order and a fresh application, that is the present one was filed on 10.7.75. 2. Mr. Moinul Huq,..Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
.... three contentions: (i) Appointment itself of the Pleader Commissioner is illegal, without jurisdiction and arbitrary since appointment of a Pleader Commissioner is not permitted by the Election law or any other relevant law; (ii) The report of the Pleader Commissioner is in excess of the ......isdiction) Present: Shahabuddin Ahmed J S.M. Hussain J Amizuddin Ahmed…………......................Petitioner Vs. Election Tribunal, Narayanganj and others…..........Respondents Judgment July 7, 1975. Result: The Rule ......tion of the People's Republic of Bangladesh.) Judgment Shahabuddin Ahmed J. — In this application under Article 102 of the Constitution the petitioner has challenged the order dated 31.8.74 of the Election Tribunal, Narayanganj (Respondent No. 1) accepting the report of..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....s amended by the Finance Order, 1972. And In the of: Application No. 39 of 1973 ) Judgment Ruhul Islam J. — By this application the assessee-applicant prays for deciding a question of law arising out of the order dated the 21st July, 1973 passed by the Income Tax Appellate Tribunal, ......red in the negative. Cases Referred To- Ata Hussain Khan Vs. C.I.T., Dacca (1968) XVIII Taxation, 2; S. Veeriah Reddiar Vs. C.I.T., Travancore-Cochin, Bangalore (1960) 2(III) Taxation 130; Pandit Brothers Vs. C.I. T" Delhi (1954) 26 I. T. R., 159; Commissioner of Income Tax Vs. McMill......e Order, 1972. And In the of: Application No. 39 of 1973 ) Judgment Ruhul Islam J. — By this application the assessee-applicant prays for deciding a question of law arising out of the order dated the 21st July, 1973 passed by the Income Tax Appellate Tribunal, Dacca Branch, Dacca, as..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
.... of the pleader, who is an old man, wrongly gave him 20. 6. 67 as the date of hearing of Misc. Case No.21 of 1967 although the actual date was fixed on 10. 6. 67 and it was due to this mistake of the lawyer's clerk the defendant did not come and hence the Misc. Case was dismissed for default. Th......llip;…………………...Opposite party Judgment July 1, 1975 Result: The Rule is discharged. Cases Referred to- Abdur Rahman Miji and ors. Vs. Abdul Wadud Mea and ors, 1952 PLR 2 Dac. 87; AIR 1959 Pat. 121 (Full Bench), Doma Chowd......rs Involved: Md. Yahya- For the Petitioners. Abdul Hamid- For the Opposite party Civil Revision No. 1519 of 1967 Judgment S.M. Mohsen Ali J. - This rule arises out of an order passed by the learned Munsif, 2nd Court at Patiya in Miscellaneous Case No. 46 of 1967 started..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
....ge-sheet before the Special Tribunal has rendered the detention illegal.
The detention of the accused beyond the initial period of 6 months after his arrest is thus illegal and without lawful authority and he is being held in custody without lawful authority and in an unlawful manner&......ssion of the charge-sheet before the Special Tribunal has rendered the detention illegal.
The detention of the accused beyond the initial period of 6 months after his arrest is thus illegal and without lawful authority and he is being held in custody without lawful authority and in an......975.
Result:
The rule is made absolute.
Order of the Government Needed to Extend Initial Detention—
The absence of the initial detention beyond 6 months with extended by any order of the Government for further investigation coupled with the non-submission of the charge-shee..
Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....er. 6. We are, therefore, of the view that the finding of the Tribunal that the petitioner was disqualified to be a candidate of an election under article 9(i) of the Order has been made without lawful authority and is of no legal effect. As a result, we declare that the petitioner is qualified......dings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as 'the Order' inasmuch as he found tha......ate—For Respondent No. 2. Writ Petition No. 1353 of 1974. Judgment Fazle Munim J.— In this petition under Article 102 of the Constitution the validity of an order dated 21-9-74. passed by the Election Tribunal, Patiya, Chittagong has been challenged on two ..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....ed by the Election Tribunal, Kurigram Rangpur in Election Tribunal case No.19, 74, declaring the election of Vice-Chairman of Thanahat Union Parishad, Kurigram, Rangpur, avoid as being passed without lawful authority. 2. The facts are:-The petitioner who had contested for the post of Vice-Chair...... Lutfur Rahman………………………………….Petitioner Vs. 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tribunal, Kurigram....the Respondents Judgment June 3, 1975. Resul...... No One—For Respondents. Petition No. 49 of 1975 Judgment Fazle Munim J. — In this petition under Article 102 of the Constitution the petitioner challenged the order dated 14-12-74 passed by the Election Tribunal, Kurigram Rangpur in Election Tribunal case No...Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
.... And Civil Revision No. 811 of 1961 Judgment A. S. Faizul Islam Chowdhury J.— Civil Revision Nos. 1423 of 1970 and 811 of 1968 have been heard together, as similar question of law is involved in both the cases, and the same judgment is being delivered which shall govern both ..............Opposite parties Pakistan Eastern Railway Administration……………Petitioner Vs. Md. Mafizuddin, Clerk under Chief Superintendent, Watch and Ward, P.E. Railway………………..Opposite party Judgment......rd, P.E. Railway………………..Opposite party Judgment May 30, 1975. Result: The rule in Civil Revision No. 1423 of 1970 is discharged. The order of the learned District Judge with different reason is affirmed. The rule in Civil Revisi..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
.... known or the presumption of his death can be drawn, the properties must be treated as abandoned property within the meaning of this Article. We cannot take an impossible and unreasonable view of the law laid down in Article 2. The owner may be absent or his whereabouts may not be known but if his f......nbsp; ......al —For Respondent No. 1. Petition No. 691 of 1974 Judgment Fazle Munim J. — In this petition under Article 102 of the Constitution the legality of the Government order dated 14. 5. 74 regretting their inability to release M/S. M. Moin & Co. 150, Nawabpur Roa..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....t, was not a proper one. The order of injunction was issued on 21.12.73 but was served on the petitioner on 28.12.73. Thereafter the company appeared on 29.12.73, and filed an application through its lawyer before the court praying that the hearing of the injunction matter be fixed on 31.12.73 (30.1......man………………………. Petitioner Judgment May 20, 1975. Result: The appeal is allowed. Section 76, sub-section (3) and section 79, sub-section (3) of the Companies Act, 1913 are not exclusive but supplementary ......he delay in holding the Annual General Meeting for the year 1972 with a prayer for directing the petitioner to hold the said Annual General Meeting within six weeks from the date of drawing up of the order. 2. It is stated in the petition that the company carries on business of plantation and m..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....3 to act according to the provision of Rules 41(5) and 43 of the Union Parishad and Pourashava (Election) Rules, 1973 which I will call "the Rules," has been challenged as being without any lawful authority. 2. In short the facts are that while the polling in Ward No.II of Kamalapur U......sent: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents Judgment May 20, 1975. Bangladesh Uni......sh;For the Petitioner Dr. Aleem-Al-Razee with A. T. Chowdhury. Advocate—For Respondent No. 5. Petition No. 316 of 1974. Judgment Fazle Munim J. — In this petition the order of the Election Commission dated 5.2.74 directing the respondent No. 3 to act according to the..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
....entire evidence of such witness should be excluded from consideration or it should go to the benefit of the accused. We are unable to accept such a broad proposition. 9. There is no principle of law requiring that the evidence of a witness who has made contradictory statements in his examinatio......t Judgment May 2, 1975. Result: The appeal is dismissed. Evidence to Be Excluded Only that part of a witness's evidence to be excluded which is found false and not his whole evidence Law does not require that the entire evidence of such an witness sho......h A. N. M. Shahidullah—For the Appellant. Md. Yahia—For the State. Criminal Appeal No. 531 of 1973. Judgment A.T.M. Masud J.— This appeal is directed against an order of conviction and sentence passed on 22. 8. 73 by Mr. M.A. Quasem, Special Magistrate, Pabna, ..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
....nt of Exchequer Chamber as delivered by Blackburn J, has come to be recognized as the classical exposition of the doctrine, which is to the following effect:
"We think that the true rule of law is that the person who, for his own purposes, brings on his lands and collects keeps there anyth......;
...... contradict the statements made by P.W. 3, P.W. 4 and P.W. 8. The suggestion of Mr. Paul that as the plaintiff was the Head of the Institution in which the said witnesses served, they prevaricated in order to oblige him did not carry any conviction with us. There is nothing on record to indicate tha..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
.... the Society comprises of persons actually employed in the industrial unit concerned and they constitute not less than 80% of the total employees of the same industrial unit together with a copy of bylaws of the Society. Assets to be sold will be valued at the current market price and the Co-operati......(In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Samity Ltd...Petitioner (In Writ Petition No. 22 of 1973.)
Vs.
Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both the cases)
Judgment
April 28, 1975.
Result......n of this Order which says that the Management Boards of the units mentioned in the notification were to "cease to exercise their functions so far as they relate to these units."
3. In order to understand the petitioners objections as regard the validity of this notification, it is ne..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
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