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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.   .........................Petitioner-Appellant Vs. Abdul Matin & others......................Opposite Parties Judgment June 22, 1977. Result: The appeal is dismissed. Lawyers Involved: M. Behtar Ali—For the Appellant. No One—For the Respondent...

Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....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.       ......69 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Express Newspaper Ltd., 1919 Appeal Cases 368(391). Lawyers Involved: K. M. Raisuddin Khan—For Petitioner. Sultan Ahmad—For oppos..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....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.   ......erseas of Poor Vs. London Northwestern Railway; Saleha Begum Vs. Government of Bangladesh, (1977) 29 DLR 59; Makhan Singh Vs. Punjab (AIR, 1964 SC. 381; Ramsingh Vs. Delhi, A.I.R. 1951 (SC) 270. Lawyers Involved: SerajulHuq with ShohrabHossain—For the petitioner. Moazzem Hossain..

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. ......llowed. Cases Referred to- Jaffar Meher Ali Vs. Budge Jute Mills Co., ILR 33 Calcutta 702; ILR 34 Cal. 289; Chandra Srinivasa Rao Vs. Korrapati Raja Ram Mohon Rao, AIR 1952 Madras 579. Lawyers Involved: T.H. Khan, Senior Advocate, with M. A. Baqui Mallick, Advocate instructed by ..

Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60

Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipyard and two others, 1977, 6 CLC (HCD)

....sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ......sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ......, Khulna.......Petitioner Vs. General Manager, Khulna Shipyard and two others...................Respondents Judgment June 17, 1977. Result: The rule is discharged. Lawyers Involved: Mozammal Hug—For the Petitioner. Khalilur Rahman—For the Re..

Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1

Habibullah Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra¬tion & Land Reforms, Bangladesh & others, 1977, 6 CLC (HCD)

....ed without any order as to costs and the order of stay is vacated. Abdul Matin Khan Chowdhury  J.-I agree, Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 47.   ......ed without any order as to costs and the order of stay is vacated. Abdul Matin Khan Chowdhury  J.-I agree, Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 47.   ...... Land Administra­tion & Land Reforms, Bangladesh & others......................................Respondents Judgment June 10, 1977. Result: The Rule is discharged. Lawyers Involved: Mohammadullah—For the Petitioner. Anwarul Huq Chowdhury, Deputy Ad..

Category: Property Law | Date: 10 Jun, 1977 | Hits: 2

Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)

....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ...... The State, (1976) 28 DLR, 185; Dost Mohammad and ors. Vs. The State, (1977) 29 DLR 122; A.K. Roy Vs. The State of West Bengal, A.I.R. 1962 Cal. 135; Copal Marwari & ors. Vs. Emperor, 45 Criminal Law Journal, 177,; Muhammad Nawaz Khan Vs. Noor Mohammad Khan and others, P.L.D. 1967 Lahore, 176; F..

Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2

M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and ano­ther, 1977, 6 CLC (AD)

....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......ers (1967) 19 DLR (SC) 530=PLD 1968 SC 15; In Pyren Com­pany Ltd. Vs. Scindia Company Ltd. (1954) 2 QBD 402; Sze Hai Teng Bank Limited Vs. Rambler Cycle Co. Ltd. (1959) 3 All. E.R. 182 (PC). Lawyers Involved: Ahmad Sobhan, Advocate instructed by B.C. Panday, Advocate on-Record—Fo..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357

Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)

....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......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.     ......gment June 7, 1977. Result: The appeal is allowed. Cases Referred to- 26 CWN 65; AIR. 1940 (Cal) 589; AIR 1941 (Sind) 5; 3 DLR 305; 5 DLR 38 , 7 DLR 94; 21 DLR (SC) 444. Lawyers Involved: Md. Fazlul Karim with Mohbubey Alam—For the Appellants. Ismailuddi..

Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2

Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)

....since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ......since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ......ra Begum 20 DLR 480; Jahiruddin Cain & others Vs. Mohammad Shoukat Ali Biswas & others 52 C.W.N. 95.;Munshi Tamijuddin Howlader & others Vs. Altafuddin Monday and others, 20 DRL 90.1 Lawyers Involved: Rafiqul Islam—For the Petitioner. Civil Revision Nos. 262-263 of 1..

Category: Property Law | Date: 7 Jun, 1977 | Hits: 5

Amin Jute Mills Ltd Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others, 1977, 6 CLC (HCD)

.... 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......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.   ......etitioner Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others......Respondents Judgment May 5, 1977. Result: The rule is made absolute in part. Lawyers Involved: M. Hafizullahfor H.K. Chowdhuary—For the petitioner. M. M. Huq, As..

Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3

Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)

....hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ............................Petitioner Vs. State................................................Opposite party Judgment April 19, 1977 Result: The Rule is made absolute. Lawyers Involved: Mirza Golam Hafiz with Mr. Md. Abdul Aziz—For the petitioner. No o..

Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1

M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)

....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......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. ......ssioner of Income Tax Dacca Zone....Respondent Judgment April 19, 1977. Result: The appeal is allowed. Case Referred to- Radha Shyam Agarwala (1960) 12 DLR (SC) 25. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, instructed by Abu Backkar, Advocate on Record&..

Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157

Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another

....re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331.   ......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331.   ......ni Vs. Chairman, Second Labor Court and another, (1967) 19 DLR 612; Bangladesh Fishermen's Co-operative Society Ltd. Vs. The Chairman, Labor Court, Chittagong and another, (1975) 27 DLR 367. Lawyers Involved: Nizamuddin Haider—For the Petitioner. Faruque Ahmed—For Res..

Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2

Nazir Ahmed Vs. Bangladesh Jute Industries Corporation represented by its Chairman, 1977, 6 CLC (HCD)

.... 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   ...... indicates the action that is proposed to be taken, namely dismissal from service, by the Corporation and has also given an opportunity to the employee to explain his conduct…….(7) Lawyers Involved: Moudud Ahmed—For the Petitioner. M.Hqfizullah—For Responden..

Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2

M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)

....rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in:    ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in:    ...... Co..........Appellant Vs. M/s. M. Sarkies and Son..............Respondent Judgment March 21, 1977. Result:   The appeal is dismissed. Lawyers Involved: T. K. Khan, Senior Advocate instructed by A. S. M. Shamsuzzaman, Advocat..

Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320

Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)

.... 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......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.   ......site Parties Judgment March 9, 1977. Result: The rule is made absolute. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another (1962) 14 DLR (SC) 96 Lawyers Involved: Mirza Golam Hafez with Md. Abdul Aziz—For the Petitioner. A.R.M. S..

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)

.... 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......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.         ...... Appeal No.1 of 1968 succeeds partially, and the same is allowed in part. Case Referred To- Bai Vashibai and another Vs. The Scindia Steam Navigation Co. Ltd. A.I R. 1961 Bom. 200 Lawyers Involved: Syed Azizul Huq with Sultan Hoisain Khan, Advocates—For the Appellant, ..

Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4

Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)

....circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417.     ......circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417.     ......er Vs. Tahmina Khatun and others…………………Opposite Parties Judgment March 8, 1977. Result: The Rule is made absolute. Lawyers Involved: Md. Abdul Hague- For the Petitioner M. Behter Ali—For Opposite Pa..

Category: Property Law | Date: 8 Mar, 1977 | Hits: 3

Pakistan River Steamers Ltd. Vs. Commissioner of Income-tax, Dacca Zone and another, 1977, 6 CLC (AD)

....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. ...... 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. ......d, Vs. Income-tax Officer, For Bandar, (1959) Supp. 2 C.R. 547; A.I.R. 1959, 881; Maharana Mills (P) Ltd., Vs. Income-tax Officer Por Ban­dar (1959) Supple 2 S.C. 547; A.I.R. 1959 (S.C) 881. Lawyers Involved: Latifur Rahman, instructed by A. Rab-II, Advocate-on-Record-For the Appellant..

Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173