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Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)
....nd in the letter of reference, the reference is accepted. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4. ......nd in the letter of reference, the reference is accepted. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4. ......0.70 is hereby set aside. It appears from the order dated 6.12.75 that the money has already been taken away by the 2nd party. In the circumstances it is directed that the 2nd party shall deposit the amount withdrawn by him as per order of the learned Magistrate dated 27.10.70. If the 2nd party fail..Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ......e exist no definite rules of substantive law by which questions of this nature, relating to the right of pre-emption claimed under the terms of the Wajib-ul-arz, are governed. It is only on the broad principles of justice, equity and good conscience' that such question can be dealt with by the C......93 acres from Tamirannessa and pre-emptor purchased the case land from the other heirs of Tamirannessa. The further case of the pre-emptee is that he made improvement by cutting earth and speeding an amount of Tk. 400/- and by constructing 4 huts for an amount of Tk. 300/- just after his purchase. ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......n of Rs. 50/- from Aftabuddin Sarkar, the original holder of the jote, who was a settled raiyat of the village, but no rent appears to have been fixed because an agreement with the landlord as to the amount of rent was not perhaps concluded by that time. The name of Faizuddin Haji was recorded ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ......d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ......66 and Rs 6000/- on the 4th January, 1967 from the petitioner and on 4-1-67 he acknowledged the debt granting a hand note and entered into a contract with the petitioner. After failing to recover the amount from the deceased (be petitioner instituted Money suit No. 6 of 1969 in the Court of the Subo..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......#39;B' is a verbatim reproduction of Annexure "X" dated 6-3-73 the charge sheet that was served upon the petitioner is the carbon copy of annexure 'X' dated 10-1-70 and the same amount has been shows as total assets and the same amount was brought as excess. Mr. Asrarul Hossain..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
.... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ......ong it was out of his possession till its acquisition. Recurring compensation is being paid all along without any serious objection from the government. Mr. Sultan Ahmed himself had suggested certain principles for determining this compensation in F.M.A. Nos. 16 to 23 of 1977 for the period from the......as no tribunal was at that time constituted under the T.I. Act for this purpose, This Court, ordinarily known as L.A. Court, accordingly determined the compensation at Tk. 32,076.00 which includes an amount of Tk. 4,765.00 as compensation for some trees and plants standing on the land The L.A. Court..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ......appellant could urge that the Magistrate become functus officio in respect of the whole case on having passed the order of discharge of one Rahmat Ali from custody, let us assume that he can on the principle that all the accused involved in a case will be entitled to the benefit of an order if i......e ground that by the order of discharge not only of Rahmat Ali who was in custody, but also other accused involved in the case were discharged from the case inasmuch as the said order of discharge amounted to disposal of the whole case by the Magistrate even though other accused were absconding ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ...... as such reference to the Second Screening Board was bad in law. In this context the learned Advocate submitted that apart from that the proceeding before this Second Screening Board being hit by the principle of double jeopardy, the impugned order passed by the respondent No. 2 is bad in law, becau......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
....ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
......ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
...... disapproved of such payment. Now BJMC has disapproved the agreement in question and instructed to stop the additional payment as per provisional agreement and also directed to realize the additional amount that was already paid. The employer had to do so and the Court should not grant any injunctio..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
....not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ......not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ......eous Case No.76 of 1974. The respondent having been injured, filed a miscellaneous case under Workmen's Compensation Act for compensation and the Commissioner passed an award of compensation amounting to Tk. 8,400/- declaring that the employee was permanently disabled on 14-11-74. Out of th..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......edies but each is independent of the ether. They cannot therefore, be deemed to be mutually exclusive. The doctrine of "double jeopardy" which is a term of American Law corresponding to the principle of autrefois acquit and autrefois convict of the English Law as embodied in section 4......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......ice Officer and the 'satisfaction' of the executive authority has no significance because the conception that was expressed in the case of Shibnath Banerjee by the Privy Council guided by the principle of Liversidge Vs. Anderson was not available for interpretation of the Constitution and th......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ...... paid in advance was still lying in deposit with the respondents. 3. In addition to the facts stated above, the written statement filed by the appellant showed that the appellant invested a huge amount in the hotel business which he started in the premises, purchased various furniture, articles..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ......veyance which could no longer be impugned. It is really only after the lapse of 12 years from Jogendra's attainment of minority that this section would come into play at all.” The same principle was followed in another Single Bench Decision reported in A.I.R. 1941 (Sind) Page 50 where......t see how title by adverse possession can originate during the minority of the person sought to be defeated by adverse possession. To acquire adverse possession there must acts of exclusion or ouster amounting to open assertion of hostile title, knowledge of which must be attributable to the person ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
....bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
...... the rules specifically provide for depreciation in the case of works under construction. In this respect the impugned assessment is not found to have been made in accordance with the Rules. The same principle is also applicable in the case of addition Jo the assets, if any.
6. The next point u......rcumstance case the petitioner is not liable to any penalty. The petitioner is, however, liable to pay the unpaid premium according to revised assessment minus the surcharge and interest and also the amount on account of depreciation of the work "in course of construction" within the meani..
Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......23 (2) of the Act is an essential requirement for the purpose of assessment of an assesse's income. This provision of notice having been enacted for general interest in keeping with the principle of natural justice cannot be taken to be merely directory. It is a mandatory provisio......ould the bit of limitation apply in view of the proviso to section 34(2) of the Act. 10. Under section 22 (1) of the Apt a person whose total income during the previous year exceeded the maximum amount which is not chargeable to tax shall have to furnish a return setting forth his total income ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
....
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
......
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
......stees other Fund and without the permission of the Corporation. Since realisation of the gratuity money and the Provident Fund were highly illegal and irregular the petitioner was asked to refund the amount immediately and he was also asked to show cause in writing as to why he should not be dismiss..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ...... functus officio, 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 althoug......irst Information Report to the effect that the petitioners and 22 others, 33 in all, trespassed into this office and snatched away his bunch of keys and took away his office files, documents and cash amounting to Tk. 7000/00 and also wrongfully confined him within a room. Thereafter he was forcibly ..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)
....ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ...... The learned Judge, however, found that "M.L. Jalamoni" was also guilty of breach of statutory duty, that is, in plying at a time forbidden under the license. The learned Judge followed the principle as provided in Maritime Convention Act 1911, that is due to the fault of two or more vesse......espondent No.2 settled in full the claim of plaintiff-respondent No. 1 and the mortgagee, Industrial Development Bank of Pakistan, under the Insurance Policy on payment of Rs. 32,000/- comprising the amount-a sum of Rs. 27,000/- to the Industrial Development Bank and the wreck valued at Rs.5000/-, w..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
.... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
......Officer Act, because the mistake would be his own mistake which he can always correct under section 35(1).
12. From the facts stated in the report of the said, case it is not very clear that the principle of law laid down in the said case was at all necessary for the disposal of the said case. ......ing by allotting Rs.3, 72,820/-to Pakistan and the balance to India. Similarly the unabsorbed depreciation was divided into Rs. 9,36,531/- and Rs. 7, 24,842/- as pre-partition and post-partition amounts respectively, and out of the post-partition amount a sum of Rs. 3,82,787/- was allocated to ..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
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