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Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....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. ......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)
....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......etion of the Company and if circumstances justify more than six months' leave the case will be decided on its merits. (iii) The employee will be allowed to resume his duty if he is found medically fit for resumption of duty by the Company's Medical Officer. 7. In this case the plai......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. ..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
.... 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...... was arbitrarily made by the defendant No. 4 who was the Sub-divisional Controller of Civil Supplies without examining the prevailing market price. The prices of the Lungies were carelessly and whimsically fixed, on 6.9.45 and again revised on 15-9-45. The stock of Lungies was sold by the officers o......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.
..
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)
....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 ......he highest rate, the legislature while enacting it is seen to have abdicated its function and the Act is, therefore, liable to be struck down as being invalid. 21. To proceed chronologically so as to understand the contents of the various Acts, Order and Public Notices made thereunder...... 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. ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
.... 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);......eals.-(1) As appeal from the judgment of a Special Tribunal shall lie to the High Court Division. (2) Save as provided in sub-section (1) no order, judgment or sentence of a Special Tribunal shall be called in question in any manner whatsoever in or before any Court”. New section 30&......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. ..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....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...... of those properties to the Tahshilder of the Government Acquired Estate, Bhairab. The appellant then through his attorney filed Writ Petition No. 205 of 1966 in the High Court of East Pakistan, calling in question the validity of the said notice. A Division Bench dismissed the writ petition a......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. ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....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) ......on dated 19-9-67, in place of Mr. Alimullah Chowdhury as an umpire. The Respondent filed an objection against this petition dated 7-10-67 on 27-11-67 contending that the appointment of umpire was not called for in view of the appointment of Mr. Zainul Abedin Chowdhury as the sole Arbitrator and pray......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. ..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
....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......85 of the Chittagong Development Authority, New Market Hawker's Market, Jubilee Road, Chittagong, took lease of Commercial plots No.1 and 2 from the Chittagong Development Authority (which I will call 'the authority') for the purpose of constructing a stall thereon. Like the petitioner 2......
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
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Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
....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 ......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
....inal. Though the initial order of requisition is to be made by the Deputy Commissioner, whether such order will stand or not depends upon the will and discretion of the Government which it has been empowered to exercise under the provisions of section 4A(2) of the Act. If, in exercising th......uzsaman—For Respondent 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 ...... with A. Hasib and A.Y. Salehuzsaman—For Respondent 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, Reven......s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
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Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....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 ......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 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......s do not provide the sure basis for making a correct estimate, because, of the chances of variation due to normal fluctuation in the business. If any information was collected from any inquiry made locally, and the same was sought to be used against the assessee, in all fairness, the information'...... 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)
....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 ...... section 151 of the Code was enacted, and where there is no provision in the Code expressly providing for a remedy and none which prohibits a remedy being administered and as such remedy is called for in order to do that real and substantial justice for the administration of which it exist...... 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 ..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
.... course of investigation and not as a Special Tribunal set up under the Collaborators Order, 1972. The accused Golam Ali's case has not yet been taken cognizance of by the Special Tribunal empowered to try such cases. In these circumstances there was a necessity for obtaining a fresh o......t
High Court Division
(Special Original Jurisdiction)
Present:
Fazle Munim J
Shahabuddin J
Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in custody)......Petitioner
Vs.
1. The State, represented by Secret......i be set at liberty at once.
In the result, the rule is made absolute.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 517
...... dt. 19-5-73, perused records. S P. Ctg. is requested to cause further investigation as per Article 3(B) BDCO/72 and to direct 1/0 to submit report for further scrutiny by the D.S.C. Ctg. in the next meeting on 28-5-73. C.S. already submitted be kept in abeyance and execution of processes be st..
Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....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......f the Payment of Wages Act to the railway employees, we think only one question set out below is necessary for the disposal of these revision cases and so no further discussion on other questions are called for. 3. The question of law which arises for consideration is whether the railway employ......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 ..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)
....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......c Works, & Urban Development for information and necessary action. 2. Mr. Abdur Rashid 9, Joginagar, Dacca for information & with request to produce necessary documents of ownership when called for by the Govt. Sd/- (Illegible) Sub-divisional Officer, 24.5.75 Sadar (......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)
....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......dvertence the annual general meeting of the company could not be held within the period prescribed by the statute then the court has the power under section 76 Sub-section (3) to direct the calling of such an annual general meeting beyond the prescribed time provided that the meeting can o......n (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 meeting and annual general meeting, whereas section 79 is the general provision. Where the..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
.... May 20, 1975. Bangladesh Union Parishad and Paurasbsva Election Rules, 1973 Rule 40— The Sanctity and Impartiality of the Election— The provisions of Rule 40 do not empower the Presiding Officer to take away the ballot boxes to any place out- side the centre and then......sh Union Parishad and Paurasbsva Election Rules, 1973 Rule 40— The Sanctity and Impartiality of the Election— The provisions of Rule 40 do not empower the Presiding Officer to take away the ballot boxes to any place out- side the centre and then count the votes. These prov......of the Election Commission dated 5.2.74 directing the respondent No. 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 sh......cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662 ..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
....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......t to carry on a profession a right to move about freely etc. are not rights in the strict sense because they do not cast any corresponding duties on any person. They are what writers on jurisprudence call "liberties". In a wider sense these too are recognized as rights by jurisprudence and......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....ed Nazrul Islam shall be the Vice-President of the Republic and that the President shall be the Supreme Commander of all the Armed Forces of the Republic, shall have all the Executive and legislative powers of the Republic including the power to grant pardon * * * We the elected representa......Division (Civil Revisional Jurisdiction) Present: D.C. Bhattacharya J S. M. Mohsen Ali J Messrs. Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 23, 1975. R...... force in Bangladesh on the 25th of March, 1971, but consistent with the sovereign status of the newly born state were continued in force by virtue of a vary brief but significant enactment which was called Laws Continuance Enforcement Order, issued from Mujibnagar, on the same day as the Proclamati......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
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