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Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ......ction (2) of section 9 of the Bangladesh Public Servants' (Retirement) Act, 1974, has been challenged. The petitioner contends that the order of retirement is punitive in nature, and it amounts to an order of removal within the meaning of article 135 of the constitution of th..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ......ction (2) of section 9 of the Bangladesh Public Servant's (Retirement) Act, 1974, has been challenged. The petitioner contends that the order of retirement is punitive in nature, and it amounts to an order of removal within the meaning of article 135 of the Constitution of th..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | 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. ......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. ...... a beneficiary of the said Waqf Estate filed a petition of complaint in the Court of sub-Divisional Officer (South), Dacca against the appellant to the effect that he withdraw compensation money amounting to Tk. 37,147/50 awarded for acquisition of certain plots of land in Land Acquisition Case..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
....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.
......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.
......essly and whimsically fixed, on 6.9.45 and again revised on 15-9-45. The stock of Lungies was sold by the officers of the defendant No. I and by a letter dated 19-11-45 plaintiff was informed that an amount of Rs. 89,245/5/9 only being the amount of compensation for stock, of Lungies was lying in th..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 2
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. ......mpositions which are made on goods imported into or exported from the country. In support, he referred to the following passage in Marriott Vs. Brune (1850) 50 US 6M at P. 631: "The general principle applicable to such a case would seem to be, that revenue should be collected only from the......h were issued by the Chief Controller of Imports and Exports, Government of Pakistan, the respondents were required to pay the Government over and above the cost of the imported raw materials an amount equal to the difference between the cost of the raw materials then being imported and th..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. ......r repealed enactment. According' to this view there is no reason for giving any different effect to these two methods which achieve the same result. There is hardly any controversy that the above principle of law is not applicable to both the cases where a statute has been repealed; and where th......he case was taken before the Privy Council of England in the following circumstances. The Collector of Customs acting under an Act called Excise Tariff Act, 1902 required the appellant to pay certain amount towards excise duty on certain quantity of sugar, which was disputed by the company and after..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. ......e through the Union under East Pakistan Labour Dispute Act, 1965, hereinafter called the "Labour Dispute Act". The Union (East Pakistan) Tea Estate Staff Association, is the Respondent. The principle contention of the respondent was that Nurul Absar was an active member of the Union and wa......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. ..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
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. ......graph 6, that the agreement need not be signed by the both parties. It being sufficient that a party has accepted and acted upon, although he may not have signed it. 8. This well-recognised principle that the acceptance of an offer to constitute an agreement need not be in writing and......er observed that a mere mental assent to the terms stated in a proposed contract would not be binding, but acting upon those terms, by sending coal in the quantities and at the price mentioned in if, amounted, to the adoption of the writing previously altered and sent, and to constitute it a valid c..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
...... order is by its very nature quasi-judicial and not administrative. Since no such opportunity was given to the petitioner before the impugned order was made it is vitiated due to the violation of the principle of natural justice.
7. Before we part with the submissions made by the learned Advoca......quisition of the land in question in 1970 as mentioned above final payment of compensation money has been made to almost all the awardees. Out of total compensation money of Tk. 1, 72,552.31 paisa an amount of Taka 1, 12,573.60 paisa has already been paid. On 20. 4. 74 a copy of the letter addressed..
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
......kana Begum, 13. Shamsabad Lane, Dacca on 27. 3. 73 for its conversion into a shop room. The said allottee has deposited security money of Tk. 639/00 (equivalent to one years rent) and first estimated amount of Tk. 5624/00 and thereafter revised estimated amount of Tk. 1394/- but due to security of c..
Category: Administrative Law | Date: 28 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. ......f loss suffered by them. The defendants only appealed to the Supreme Court. 4. The Supreme Court of Pakistan granted special leave to consider: Whether damages had been awarded on correct principle upon the contentions raised before it in awarding compensation to the plaintiffs in the......ntract on the part of defendants. They therefore filed the suit claiming damages, the difference between the contract price and the market price on the due date at the rate of Rs. 15/- per 100 bags amounting to Rs. 6000/-. In proof of market price of the goods on due date, namely, 31.8.55, the pl..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
....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
......e O P. is also not supported by record.
In addition to the above mentioned findings he also discussed religious prohibition against the establishment of a school of music and referred to certain principles from the religious books and authorities.
2. Mr. Mirza Golam Hafiz, the learned Advo......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
..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
.... 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 ......Officer in rejecting the method of accounts employed by the assessee and increasing the gross profit by taking recourse of proviso of section 13 of the Income Tax Act, followed any approved principle. According to the learned Advocate the accounts submitted by the assessee were sufficient ...... 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 ......thin the language of Order 43 Rule 1(d) of the Code and is appealable. It was further held that section 151 of the Code does not provide any alternative remedy. It is based on the principle that no one should suffer for absence of a rule of procedure. His Lordship Ibrahim, J., re...... 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
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ......gment would have been the findings of facts on proper basis and as such this would have left no scope for our interference. The total disregards of the Tribunal to follow such an elementary and basic principle must be sufficient to establish that the judgment of the Tribunal is based on no evidence,......e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
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. ...... 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. ......er share-holders illegally. He has also alleged other irregularities on the part of the petitioners, namely, the payment of 3% dividends as declared by the company's profit from 1970 and the full amount has not been paid yet in spite of repeated demands by the objector, that the company under ma..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
....ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ......mination the 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 h......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
.... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
......ff while he was standing in the corridor. The evidence is completely silent as to how the C. I. Sheet got unfastened and dropped from the scaffolding, and it is precisely in a case like this that the principle underlying the maxim can be invoked. The evidence adduced by the defendants did not seek t......
Ismailuddin Sarker, Asstt. Attorney-General - For Respondent No. 2
F.A. No. 95 of 1965.
Judgment
D.C. Bhattacharya J. - This appeal by the defendant is directed against a money decree amounting to Taka 63,000/- passed in favor of the plaintiff who was the Principal of Dacca College, ..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....esult, the Rule is 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) 611 ......e judge should have observed, and of which he himself should have taken notice." He also referred to the case of Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 in support of the principle. 11. Each of the conflicting principles raised on by the learned Advocates show cogen......ty, malpractice, or matter newly come to the knowledge of the applicant.” 10. The same case was relied upon by the learned Advocate for the petitioner in support of the proposition that no amount of acquiescence or waiver by the party to the proceeding in the Court below invests it with j..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....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 ......ation of international law in the instant case. We are called upon in this case to interpret certain expressions used in a positive municipal law of the country. We have been referring to the general principles of public international Law in order to properly appreciate the significance of the said ......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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