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Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ......at if the High Court in a Second Appeal remands a case to the lower Court, the matter finally disposed of by an order of remand cannot be reopened when the case comes back from the lower Court on the principle of constructive res judicata. 20. In the instant case the judgment of the High Court ......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ......n reply has cited Piari Lal Vs. Hanifun-Nissa I.L.R. 38 Allahabad 240, Rewa Mahton Vs. Ram Kishen Singh I L R 14 Calcutta 1, Queen Empress. Vs. Wazir Jan I.L.R. 10 Allahabad 66 and submitted that the principle of automatic reversal of dependent orders does not apply in case of bona fide auction purc......r takes any step and found absent on repeated calls. Misc. case dismissed for default. 40. Mr. B.B. Roy Choudhury appearing for the O.P. Judgment debtor submitted that this dismissal for default amounts to an ex parte order because on the date the petitioner was absent and therefore Article 3 o..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......delimination Officer, Narayanganj and others, (1961). 17 DLR 181 PLD. 1961 Dacca 263, and The Presiding Officer Vs. Sadruddin Ansari and others, 19 DLR (S.C.) 510. These cases lay down the well known principle that a complicated question of fact should not be entertained by a court deciding a matter......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......ct. B) A permanent injunction restraining the defendant No.1-7 from interfering with the plaintiff's possession and management of the S/properties in any manner and also from withdrawing any amount from the A/C of the plaintiff's Tea Estate lying with defendant. No. 8 and 9 as also rest..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ......red to be demolished would not be more than Rs. 4.000/00. It was asserted that the requisition was for public purpose and in accordance with proper legal procedure, that the suit was barred under the principles of resjudicata and that it was misconceived. 4. It may be mentioned that after the d......roperty Act 1948 was illegal and ultra vires and that the demolition of the structure constructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa from the defendant Government. There was also a prayer for a ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......nt as managing director," Chief Justice Hamoodur Rahman in the decision in the case of the President Vs. Mr. Justice Shaukat Ali reported in PLD 1971 (SC) 585 relevant page at 617 accepted, this principle of lifting the veil and on reference to L.C.B. Gower's Modern Company Law, 3rd Edition......ris on payment of the value of the said railway Receipt in Pakistan currency. The said M. Kudrutullah deposited Tk. 10,230-11-6 on 15.11.51 in the Central Bank of India Ltd., Rangpur branch. The said amount was attached by the said Sub- Divisional Officer for the realization of demands in Certificat..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
....ed goods on 14. 9. 54, though, as a matter of fact, the plaintiff's stock then was worth more than Rs. 62,000/-. Thereafter the plaintiff submitted a petition dated 6.9.54 to the Bank praying for installments and ultimately it was settled that the plaintiff would pay the loan by installments at ...... Cal. 644 and also in the judgment of Mehar Singh, J. in Messrs. Grison Knitting Works Vs. Laxmi commercial Bank Ltd. and others, A.I.R. 1960 Punjab 98. Although no case law was referred to, the same principle as laid down by a Division Bench of the West Pakistan High Court in the case of Messrs con......ice of the goods and Rs. 6000/- as anticipated profit totaling a sum to Rs. 68,000/00 as compensation. It has also been prayed in the suit that a declaration may be made that the plaintiff's dues amounting to a sum of Taka 22,500/- has been satisfied out of the value of the hypothecated stock of..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ......tain the advice of the representative of the Company while he chose not to give any advice to the Chairman is spite of request. 30 In these circumstances reference may profitably he made to the principle enunciated in Maxwell's Book “On Interpretation of Statutes' 11th Editi...... by the Company terminating his services with affect from 31st March, 1967. No reasons were assigned therein. Mr. Mozammel Huq contended that the termination of services of Aminul Islam actually amounted to his dismissal for his Trade Union activities and the Chairman of the Labour Court found ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......umstances neither Arms Act nor P.O. 50 can be made applicable to him. Subject, however, to the result of the investigation, the petitioner may find bail on Tk. 5,000/-, with two sureties of like amount each, one being a lawyer Sd/-S. R. Karmakar, Sessions Judge.” ..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ...... referred to which was to the following effect: “Subject to Article 63, any decision of a High Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts that are subordinate to it. And Article 63 pro......Debesh Chandra Bhattacharya J.- This Rule arising out of an application for setting aside an auction sale of certain lands held under Order 21, rule 90 of the Code of Civil Procedure for an amount of Tk. 70.84 paisa has raised certain important questions of constitutional law of some nicet..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
.... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ......d for no doubt that a person would be a workman if the work in operation he was engaged in was even incidentally connected with the main industry. It was indeed, very difficult sometimes to apply the principle of incidental relationship, but in referring to the case of a "Mali" or of a dri...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ...... is now well settled, does not apply where the period is fixed by a decree in a suit unless the decree is in the nature of a preliminary decree and the court still retains seisin over the action. The principle upon which it has been so held is that since a decree normally puts an end to a suit the p......the Supreme Court of Pakistan in the case of Shah Wali Vs. Ghulam Dim as reported in 19 DLR, S.C. 143. In that case the Supreme Court of Pakistan had to deal with the question of deposit of a certain amount of pre-emption money after the expiry of the date fixed by a decree in a pre-emption suit. Th..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
.... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ...... this being a completed contract i.e. executed control In respect of land, the right was assignable. The decision mainly rested on section 130 of the Transfer of Properly Act. Following the principle of law laid down by the Judicial Committee, Division Bench of the Bombay High Court in the......laintiffs alleged to have purchased the suit land from the vendor is a benami document and that there was a new contract between the vendor and the vendee by which the vendor agreed to take a further amount of Rs. 1,000/- and executed Nedabi deed and according to that agreement the vendee paid Rs. 6..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
....s. The suit is pending for a long time. It may be disposed of as expeditiously as possible.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 158.
......ake and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just. The principle underlying this rule may be applied in the instant case. In this case the description of t...... has been corrected as necessitated by changes in law. Correction of description of parties consequent upon new legislation where new law also provide for saving of pending legal proceedings will not amount to addition of party or parties and such correction will not entail any legal consequence of ..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ......state on the basis of the written instrument executed by the defendant No.1, although their title thereto has not yet been perfected by registration of the said instrument, are entitled to invoke the principle of section 53-A of the Transfer of Property Act, is riot sustainable in law. The learned A......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
.... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ......pouses had become so highly strained that it was impossible for them any longer to live together in amity and good will. In the circumstances, it was proved that the High Court should, applying the principles laid down by this Court in the case of Khurshid Bibi vs. Mohd. Amin, (1967) 19 DLR (SC) 5......marriage by way of Khula-conditional on payment of compensation. The judgment of the first appellate Court was, accordingly, set aside and the case was remanded to the trial Court for determining the amount of compensation payable to the appellant. 6. Leave was granted in this case to conside..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
.... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......elief that the arms cannot be left in the possession of the petitioners without danger to public peace. But I have already referred to the allegations furnishing the foundation for such a belief. The principle laid down in the above Supreme Court case 13 DLR (SC) 138 is equally applicable here, so t......ted his office (1) to draw up a proceeding under section 107 Cr.P.C. asking them to show cause why they should not be ordered to execute a bond of Rs. 1500.00 each with two local sureties of the like amount each, to maintain peace for the period of one year and (2) to issue warrants for their arrest..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
.... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
......d completeness of the return. Therefore, it cannot be said that the IACT has no jurisdiction to pass any order under section 120 of the Ordinance….. (14 &15)
it is a settled principle of law that the IACT may invoke his jurisdiction under section 120 of the Ordina......tagong (briefly stated as the DCT) under section 82BB of the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance) showing his income at Tk. 15,88,796/-. He paid taxes of an amount of Tk. 2,67,498/- on his income for the assessment year 2011-2012. The said return was accept..
Category: Fiscal/Taxation Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ...... of appeal below that one witness is not sufficient to prove the bainapatro in question appears to be perverse being contrary to Section 134 of the Evidence Act and well established principles of law. Mr. Zafer Ali Khan, the learned Advocate for the defendant-opposite parties has f......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ..Category: Evidence Law | Date: | Hits: 6
.... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
......efusal to honour an obligation arising out of such a contract cannot be enforced in exercising the jurisdiction conferred on the predecessor of this Court by Art. 98 of the Constitution. Similar principle was recognized in the case of Mustafa Ansari Vs. Deputy Commissioner, Chittagong Hill Trac...... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
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Category: Administrative Law | Date: | Hits: 1
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