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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. ......on" appointed or authorised by the Administrator. But the person so appointed is required to do any act by or under the Waqfs Ordinance while the Mutawalli appointed by the Administrator has got power to discharge his duty only in accordance with the provisions in the Waqfs deed. The Legis......ip;….Respondent Judgment December 6, 1976 Result: The appeal is dismissed. Lawyers Involved: A. Rab II. Advocate-on-Record-For the Appellant. K. A. Bakr, Attorney General, with A.W. Bhuiyan, Assistant Attorney General instructed by B.C. Pandey, Advocate-on......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. ..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ......e him benefit of provident fund. The learned Subordinate Judge apparently lost sight of the difference between clauses 21 (A) and 21 (B) of the Standing Orders and Rules. Rule 21 (A) gives unfettered power both to the employer and the employee to terminate the service by giving one month's notic...... 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 for reinstatement with effect from 7. 7. 59. 2. Facts giving rise to the case are. A......ith acute type of dysentery, the plaintiff went to Bharat for treatment and change on privilege leave. From there he applied for extension of leave accompanied by medical certificate which was parity granted and his service were wrongly terminated by a letter dated 7.7.59 against the Standing Rules ..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
...... provisions of rule 33, Order 41 of the Civil Procedure Code vary or reverse a decree or order of the Court below even in favor of a party who has not preferred any appeal or cross-appeal. These powers indeed should be sparingly used with due regard under the circumstances of each individual ca......ing in the then Province of Bengal in different capacities.
2. The case of the plaintiffs in brief was that it was a registered firm and had been carrying on whole-sale and retail business of cotton goods, woolen goods, silk goods, and hosiery goods etc. in the town of Chittagong at its own pre......nding the expiration of the said rules, continue in force so far as consistent with this Ordinance and be deemed to be an order made under section 3; and all appointments made, license or permit granted and directions issued under any such order and in force immediately before such commencement..
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)
.... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......ntial was a tax so as to require legislative sanction. Further, a price differential was introduced as a measure of control to regulate the import and export of certain commodities in exercise of the powers under Section 3(1) of the Imports and Exports Control Act, 1950. The object was not to collec...... Adamjee Jute Milts Ltd. Dacca.…….Respondent (In Civil Appeal No. 47-D of 1968) Judgment August 18, 1976. Result: All the appeals are allowed. Cases Referred to- Abdul Kader Vs. Sales Tax Officer, AIR 1964 (SC) 922; Nawit Lal Vs. K.K. Sen, AIR 1965 ......, 1968 in Writ Petitions Ns.1, 7, 40 to 47, 52, 61-63, 88-92, 147, 148, 155, 215, 356, 376, 380, 381 and 436 of J937). Judgment Fazle Munim J. - These twenty eight appeals arose in the granting of a certificate under Article 58 of the Constitution of Pakistan, 1962 by the Dacca H..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ...... been such as to impede the course of justice and the Special Tribunal has on That account ordered his removal from the room or building used for the trial. 16. Section 28 provides the powers of the Special Tribunals. This section reads as under: "Notwithstanding anything co.......................Appellant Vs. The State...........................................Respondent Judgment July 29, 1976. Result: The appeal is allowed. Cases Referred to- Colonial Sugar Refining Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC);......sed to be a Court Of Appeal from the decision of the Supreme Court and the only appeal from the Supreme Court under that Act lay to the High Court of Australia. The Supreme Court of Queensland having granted leave to the appellant under the Order in Council of 1860 the appellant filed the appeal in ..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ......al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ......... ............Appellant. Vs. Bangladesh Tea Estate Staff Association................Respondent Judgment May 17, 1976. Result: The appeal is dismissed. Cases referred to- Aminul Islam Vs. James Finlay Co. Ltd., 26 D.L.R. (S.C.) 33; Khulna News Print Mills Vs. Kh......g that Nurul Absar was an officer of the Union. 9. Mr. Islam for the appellant has tried to challenge the finding of fact of the High Court about the activities of Nurul Absar. No leave has been granted to allow him to show otherwise. This is a finding of fact and cannot be challenged in this D..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)
....ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......ay 1942, the Board of Trade made an order under section 7(1) (b) of the Trading with the Enemy Act, 1939, vesting plaintiff's sovereigns in the Custodian of Enemy Property, and giving the Custodian power to sell them. By the direction of the Custodian, the sovereigns were sold to the Bank of Eng...... Gurudas Saha............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 ap......nt who had not returned from Calcutta was an 'alien enemy'. 2. The appellant then filed petition seeking special leave. After the filing of the petition, the Supreme Court of Pakistan granted successive adjournments for enabling the appellant to appear in person and to produce his..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......of Muhammad Saghir Bhatti & Sons Vs. Federation of Pakistan. The passage on the point says "that the argument was that after the first arbitrator was appointed, Quarter Master General had no power to make without the permission of the Court, another appointment; but the appellant did not ra...... Q.G. Ahad...………………………………….Respondent Judgment January 20, 1976. Result: Cases Referred to- Jugal Kishore Vs. Goolbai, AIR 1955 (SC) 812; Union of India Vs. Rallia Ram, AIR 1963 (SC) ......al without any order at to costs, set aside the order of the Subordinate Judge and made the award submitted by the sole Arbitrator, Mr. Z. Abedin Chowdhury a rule of the Court. 3. Leave has been granted to consider the submission of the learned Counsel for the appellant that the definition of a..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
....
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
......equisition. In his opinion, therefore, the subsequent acquisition by the Govt. has been illegal.
5. As regards the submissions made by the learned Advocate for the petitioner it appears that the power to withdraw any property from acquisition is subject to certain limitations imposed by section......he government by which the lands in question; were withdrawn from acquisition under section 8B of the Emergency Requisition of Property Act, 1948. The petitioner who is the owner and proprietor of Stall No. 185 of the Chittagong Development Authority, New Market Hawker's Market, Jubile......
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
......gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
...... has been applying for the settlement of this space under the stair case. He received no reply from the respondent No.1. On 7.8.72 the petitioner again filed an application for allotment of the space to him. He also applied to the Chairman D. I. T. on 19. 12. 72 and a copy of his application has bee......gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
....tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 ......he interpretation regarding the scope of the expression", to make further investigation in any case "and" report within such time as may be specified by it". He submitted that the power of the Tribunal as conferred by sub-section (7) is both specific and clear. The Special Tribun...... 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 sheet against the petitioners has been challenged. 2. The facts of this case s......tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 ..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)
....or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ...... Vs. M/s. A. R. A. G. Ltd……..............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 ......e basis of the market difference which was calculated between the contract price and the market price at Chittagong on due date at Rs. 76/6 annas. The market price was based on Ext. E, a receipt granted by defendants on 19.8.55 to a firm at Chittagong. The trial Court also took the view that..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ......er T.H. Khan, with A.M. Jalaluddin—For the Respondent-Opposite Party Second Appeal No. 708 of 1970 Judgment Abdur Rahman Chowdhury 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 ......t one was filed on 10.7.75. 2. Mr. Moinul Huq, the learned Advocate appearing on behalf of the petitioner has submitted that the only point for consideration before the Court is whether to grant leave or not and that the question of limitation is to be decided by the Division Bench consid..Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ......Officer, but he determined the validity of the ballot papers; (iii) The delegation of the material issue to the Commissioner is entirely without jurisdiction, illegal and beyond the scope of the powers of a Pleader Commissioner. Mr. Khandkar M. Ahmed, the learned Advocate appearing for the.............Petitioner Vs. Election Tribunal, Narayanganj and others…..........Respondents Judgment July 7, 1975. Result: The Rule is made absolute Cases Referred to- Stowe Vs. Jollife (1874), L.R.I.C. P-446 and "G.T. Mudaliar Vs. Sakuntala" AIR 19......rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
.... the opinion of the Income Tax Officer" occurring in the proviso to section 13 of the Indian Income Tax Act, observed that the provisions are not to be construed in the sense of a mere discretionary power; but in the context of the words used in the proviso to section 13 the...... the assessee on the ground of want of stock analysis. The certified copy of the assessment order has been annexed as annexure 'A' to the application. The Income-tax Officer in exercising his power under the proviso to section 13 of the Income Tax Act recorded the following finding......s. C.I.T. (1966) XIII Taxation, Page 32; Pakardas Dwarkdas Karachi Vs. C.LT., Karachi Sind and Beluchistan (1960) II Taxation (Supppl.) 156 P.L.D. 1957 Karachi 61; Income-tax, Bombay Vs. Sarangpur Cotton Manufacturing Co. Ltd. 1938 (P.C.) 6 I.T.S. 36; Mohd. Anwer Mohd. Iqbal Vs. Income-Tax Appellate...... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566 ..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
.... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ......13 C. P. C. 6. In AIR 1959 Pat. 121 (Full Bench), Doma Chowdhury & ors Vs. Ram Naresh Lal & ors. in which the principle point was whether Court can in exercise of its inherent power under section 141 C. P. C. set aside an order of dismissal for default of an applica...... Case is also Reported in: 27 DLR (HCD) (1975) 683 ......y noted above, prayer under section 151 C. P. C. was deleted on the application filed by Moniruzzaman, the defendant himself. It is thus not clear under what provisions of law the Court has granted the prayer of the defendant restoring the application. From the circumstances it may be pres..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ......ned applies in writing for the grant of extraordinary leave. Such leave is not debited against the leave account. No leave-salary is admissible during such leave. (b) The authority which has the power to sanction leave as in clause (a) in combination with, or in continuation of, any leave that ...... and another , 1962 P.L.C. 1021. Lawyars Involved: Mozammal Huq—For Petitioner (In C.R. No. 1423 of 1970 and for opposite party (In C.R, No. 811 of 1968) Ranadhir Sen—Dy. Attorney-General—For Opposite-party Ro.1 (In C.R. No. 1423 of 1970) Mohammad Ali—For Oppos......y servant is held to have been unjustified or not wholly justifiable, or When a railway servant who has been dismissed, removed or suspended is reinstead; the revising or Appellate Authority may grant to him for the period of the absence from duty- (a) if he is honourably acquitted, the fu..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)
....is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ......ced by the petitioner it has been found that Mr. Moinuddin and the petitioner were two brothers. Both of them were partners of M/S. Moin & Co. in equal shares. Mr. Moinuddin executed a registered power of attorney in favour of his brother Mr. Abdur Rashid, the present petitioner in 1970 to run t...... On receipt of information to that Government bound to restore the property. If on some sort of information the Government......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ......rding the statutory meeting and annual general meeting, whereas section 79 is the general provision. Where there had been a default in the holding of an annual general meeting primarily the power under section 76 subsection (3) of the Companies, Act 1913 of the Court can be invok......t 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 to each other— Section 76 is a special provision regarding the statutory meetin......ting for the year 1971 by filing a suit, being Title suit No. 350 of 1972, in the Court of 3rd Munsif, Dacca, which is still pending wherein he sought for an order of injunction but the court did not grant any order or injunction and so the meeting could not be held in due time. The petitioner, ther..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
....e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......er under Article 170(now Article 102 of the Constitution of Bangladesh) but he need not have a right in that strict sense of the terms which is mentioned above. Whenever an enactment empowers a public officer to pass orders that benefit or harm a citizen, the citizen gets a right that......
Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both the cases)
Judgment
April 28, 1975.
Result:
Rules are discharged.
Cases Referred to-
Mian Fazal Din Vs. Lahore Improvement Trust, Lahore and another, (1969) 21 DLR S.C. 225 P.L......
(c) generally to administer the Sangstha and to apply to corpus and/or the income of the Sangstha for the benefit of the beneficiaries and their dependents.
PROVIDED THAT:-
(i) no cash grant shall be payable to an individual except in the form of a stipend for education or vocational ..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
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