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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. ......ifferential and why the requirement for furnishing of bank guarantees as security for payment of the said price differential should not be quashed and also why the other directions, as sought for the application, should not be made, or such other or further order or orders passed as to the Court may..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

.... amended in a particular way and a case where it says that the section stands repealed and its place will be taken by a new section. When repeal of a statute or a statutory provision is followed by a fresh legislation on the same subject, and a contrary intention does not appear therein, the repeal ......ct 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 the Privy Council. An application was made to the Judicial Committee by the respondent to dismiss the appeal from the judg..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

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 vary from a moment to a period of undefined duration. A resident from the view point of permanence or temporary will not give us true clue to the meaning of the word, when we are considering its application in a state of war where every­thing is disturbed and unsettled and when the state of w..

Category: Property Law | Date: 7 May, 1976 | Hits: 55

Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)

....mullah Chow­dhury had declined to act as Umpire, and prayed for the substitution of Mr. Sharafatullah in his place. It was also prayed that the power of Respondent's attorney had ceased and a fresh agreement by the owners themselves may be executed. The record shows that on 14-10-67, the Arb......howdhury. Both the par­ties on 28-9-67 executed an agreement for reference to Arbitration in accordance with the order of the Additional Deputy Com­missioner. The appellant, however, filed an application in the said Miscellaneous case on 7-10-67 praying for appointment of Mr. Sarafatullah M...

Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352

Karnaphuli Rayon and Chemical Ltd. Vs. Collector of Central Excise & Land Customs, East Zone, Chitttagong & another, 1975, 4 CLC (AD)

.... constitution. In the result, there being no substance in the appeal it is dismissed without any order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 72. ......er Article 98(2) of the Constitution impugning the validity of the said notices and the directions contained therein as regards demand for Excise Duty. 3. Rule Nisi issued in the above mentioned application was discharged by the Dacca High Court. It was held that the appellant failed to make ou..

Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149

Md. Shahabuddin Vs. Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Buildings, Dacca, 1975, 4 CLC (HCD)

....ndent No. 3. 5. We are, therefore, of the view that the allotment in question has been made without any lawful authority and is of no legal effect. The respondent No. 1 is however free to invite fresh applications and allot the space in question whom it may think fit. The Rule is, accordin......de in his favor. Since the year 1968 he 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. 7..

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   ......lip;…….................Appellants Vs. The Special Tribunal No.1………...................Respondent  Judgment August 14, 1975 Result: The application is rejected. Lawyers Involved: Abdul Hye Choudhury with Shah Mohamma..

Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1

The College of Music Vs. Secy. Revenue Depart¬ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others, 1975, 4 CLC (HCD)

....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   ......s property. As the property was alleged to be requisitioned at the instance of the Divisions Commissioner who happened to be the Chairman of the Governing Body of the College the respondents filed an application u/s. 4A(2) of the Act (which I will call the said Act) to the then Provincial ..

Category: Property Law | Date: 30 Jul, 1975 | Hits: 3

Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)

....plication arose was disposed of by me on 2.4.75 and the present application has been filed on 10.7.75. The earlier application filed on 8.7.75 was rejected by me on 9.7.75 as being not in order and a fresh application, that is the present one was filed on 10.7.75. 2. Mr. Moinul Huq, the learned...... Majid……………………Plaintiff/Respondent-Opposite Party  Judgment July 24, 1975 Result: The Application is rejected. An application for leave should not be entertained when the appeal is time barred. Case Referred T..

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    ......ndaker Mahbubuddin Ahmed with Pathan  Shafiqur Rahman—For  the Respondents. S.M. Nurul Alam—For Respodt. Nos. 3-4. Petition No. 1231 of 1974 In tie Matter of:(An application under Article 102 of the Constitution of the People's Republic of Bangladesh.) ..

Category: Election Law | Date: 7 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   ....... Lawyers Involved: Abdul Hamid Chowdhury and Khondker Fazlul Quadir—For applicant. Abdul Wadud Chowdhury—For the Res­pondent. Application No. 39 of 1973 (An application under section 66(1) of the Incomr Tax Act as amended by the Finance Order, 1972. And In ..

Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2

Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)

....s observed as follows: “I entirely agree with the learned Judges of the Allahabad High Court in the view expressed in the case of Pitamber Lal Vs. Dadhi Singh, ILR 46 All. 319, that if the fresh application is treated as an application to restore the suit itself and not to restore the fir......Revision No. 1519 of 1967 Judgment S.M. Mohsen Ali J. - This rule arises out of an order passed by the learned Munsif, 2nd Court at Patiya in Miscellaneous Case No. 46 of 1967 started on an application filed by the defendant opposite party Maniruzzaman under Order 9 rule 4 and se..

Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1

Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus¬tody) Vs. The State, represen¬ted by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Bu¬ildings, Dacca, 1975, 4 CLC (HCD)

....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 order of detention from the govern­ment as required under clause (4) of Article 3 of the P......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   ..

Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2

Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)

.... legal effect. As a result, we declare that the petitioner is qualified for election as Chairman of the Union Parishad and also declare that the election in center No. III only is void. After holding fresh election in centre No. III the result obtained may be amalgamated with the result of the other......ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577      ..

Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3

Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)

....ion at the other centers? If it be found that irregularities took place in one center, it would have been just and proper if the Tribunal declared the election at such center only void. In that event fresh election would, have been ordered at that center only and the result of fresh election held th......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

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         ......ment of Wages Act) under sub-section (2) of section 15 of the Payment of Wages Act for recovery of Rs. 12,686.75 being his delayed wages for the period from 21-4-53 to 31-1-62, and the same application was marked as Misc. Case No. 63 of 1962. The authority under the Payment of Wages Act wh..

Category: Administrative Law, Employment/Service Law | Date: 30 May, 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.       ......volved: Rafiqul Huq, with E.H. Khan A.T. Islam— For the Petitioner. Mostafa Kamal—For Objector Matter No. 7 of 1974. Judgment S.M. Mohsen Ali J.— This is an application under section 76 read with section 79 sub-section (3) of the Compani..

Category: Corporate Law | Date: 20 May, 1975 | Hits: 2

Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)

....een annexed to this petition and marked as Annexure 'A'. On receipt of the said report the Returning Officer who is the respondent No. 3 declared the election of Chairman postponed and that a fresh election of the said Ward would be held on 7.2.74 The order of the Returning Officer which is ......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

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

.... 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         ......ts, has next contended that the learned Subordinate Judge was wrong in applying the rule of resipsa loquitur in the present case in as much as the said rule, according to the learned Advocate, has no application in a case where the cause is known to the plaintiff, and has referred to a certain passa..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd Vs. Govt. of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....e interpretation of the Constitution. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 674         ......of Co-operative Societies, it may seek to acquire the ownership of the industrial unit concerned by applying to the. Secretary, Disinvestment Board, Govt. of Bangladesh, 58, Dilkhusha C/A, Dacca. The applications should be accompanied by a certificate from the Registrar of the Cooperative Societies ..

Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3