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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.     ...... Khandker, B.N. Chowdhury and Mahmudul Islam—Amicus Curiae. Civil Revision Case No. 999 of 1969. Judgment Abdul Wadud Chowdhury J.- This Rule is directed against the judgment and order passed by the learned Subordinate Judge, Kushtia in Miscellaneous Appeal No.106 of 1968 affirm......so Reported in: 30 DLR (HCD) (1978) 417.     ......n (Civil Revisional Jurisdiction) Present: Abdul Wadud Chowdhury J Taferuddin Pramanik……………………………Petitioner Vs. Tahmina Khatun and others…………………..

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)

.... 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. ......depre­ciation for the assessment years 1947-48 and 1948-49 were adjusted against this income, leaving a loss of Rs. 10,01.637/- to be carried forward. An appeal having been filed against the said order of assessment, the Appellate Assistant Commissioner, by his order dated 14.10.58, held that th......s that the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 260. ...... ABM Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Muaim J Pakistan River Steamers Ltd......................................Appellant Vs. Commissioner of Income-tax, Dacca Zone and another……...Respondents Judgment March 4,..

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

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   ...... Sultan Hossain Khan, Deputy Attorney Ge­neral—For the Respondents. Writ petition No. 1025 of 1974   Judgment Ruhul Islam CJ.- In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the petitioner from his service u......t any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233   ......iction) Present: Ruhul Islam CJ Abdul Momith Chowdhury J Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…&hell..

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.   ......re commencement of this Constitution or of persons continuing in the service of the Republic under the provisions of paragraph 10………......(8) The authority while passing the order directed that the petitioner would not be entitled to leave preparatory to retirement. This di......ny order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40.   ......eme Court High Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ AM Chowdhury J Abdur Rashid..................................................Petitioner Vs. Govt. of Bangladesh.........................................Respondents Judg..

Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5

M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

....e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ......was prepared in the name of the petitioner. The two storeyed building consists of 4 flats which had been let out by the petitioner to monthly tenants. The premises in question was requisitioned by an order dated 15-1-1972 made in Requisition Case No. 2168/1972 and the tenants were asked to give poss......plication which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ......ivision (Special Original Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another…………………&he..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

Bang­ladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)

.... Rahman and Syed Mohammad in place of the aforesaid re­tried partners. On the 6th of January, 1972 a Notification purported to have been issued under Acting President's Order No.1 of 1972 was published whereby the Ministry of Com­munication temporarily constituted Manage­ment Board a......d Ahmed, Advocate, instructed by S.S, Hoda Advocate-on-Record—For Respondents Nos.1 and 2. Ex-parte-Respondents No.3-7. Civil Appeal No.14 of 1976. (Appeal from the judgment and order dated 18th June, 1974 passed by a Division Bench of the High Court in Writ Petition No. 306 of......ssed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......f the High Court Division, passed on 18.6.1974 in Writ Petition No. 306 of 1974. In the above petition under Article 102 of the Constitution, Respondents 1 and 2 challeng­ed two orders—one Contained in a Notification dated 6.1.1972 issued by the Ministry of Communication and another d..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ...... Khan, Advocate-on-Record-For the Respondents. Civil Appeal No.38 of 1976. (from Civil Revision No.776 of 1973). Judgment Fazle Munim J. - This appeal is against the judgment and order of a Bench of the High Court Division passed in Civil Revision No.776 of 1973. 2. The on......sion are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......fied in section 20 (2) is hit by section 2 of the President's Order No.90 of 1972. The appellant which is a registered, partnership firm consisting of three partners applied to the Deputy Commissioner for a certificate under section 20(4) of the Act. By his Order dated September 5, 1963 the Depu..

Category: Property Law | Date: 20 Jan, 1977 | Hits: 62

Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)

....e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405   ......;For the Appellant. A.T.M Afzal, Dy. Attorney General—For the State. Criminal Appeal No. 518 of 1973. Judgment Badrul Haider Chowdhury J.- This appeal is directed against an order of conviction under Article 2(4)(a)(1) of P.O. 50 of 1972 sentencing the appellant to 7 years ......any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405   ........Respondent Judgment December 15, 1976. Result: The appeal is allowed. Question of Doubt or Presumption under section 114(g) of the Evidence Act- As the petitioner witness were not examined and no explanation was given for his non examination, presumption und..

Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1

DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)

....peti­tioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ......was confirmed as such with effect from 24-4-43. While he was serving as the Prof, of Medicine in the Chittagong Medicine College, he was appoint­ed to act as the Joint Director of the IPGMR by an order date 17-11 -65 and on his representa­tion the Govt. by another Notification dated the 31-3...... 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ...... (Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Dr. Nurul Islam………………………Petitioner Vs. Bangladesh & others ……………..Respondents ..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | 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. ......e-For the Respondent. Criminal Appeal No.6 of 1976. (From Cri­minal Revision No.62 of 1972) Judgment Mahmud Husain CJ. - This appeal by special leave is from the judgment and order of the High Court Division dated 15-11-73 in Criminal Revision No.63 of 1972 refusing to quash......d 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. ......to be 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..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)

....r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262.     ......r Hafizullah—For the Respondent. Appeal from Appellate decree No. 204 of 1963. Judgment Abdul Wadud Chowdhury J.- This second appeal arises out of a suit for declaration that the order passed by Sales Personnel Department, Bata Shoe Company dated 7.7.59 terminating the service o......   ......utive days, but in order to give you benefit of the Company's contribution to your Provident Fund, we are, terminating your services under clause 21(A) of the said Orders and Rules, by paying you one month's salary in lieu of notice, which you should collect along with your privilege salary ..

Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....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.   ......me displeased with the plaintiff as it failed to satisfy their whimsical wishes; as a result, the firm was put to all sorts of harassment. On one occasion in the month of July, 1944 the plaintiff was ordered not to dispose of its stock of cloths until further order. However, subsequently, on represe......Appellate Jurisdiction) Present: Sayed Mohammad Mohsen Ali J Faizul Islam Chowdhury J Shaw and Co., Lakshmi Shaha Road, Chittagong ................Appellant Vs. The Province of East (Now the People's Re­public of Bangladesh) and others...........................cree No. 161 of 1962. Judgment Faizul Islam Chowdhury J.—This appeal is directed against the judgment and decree passed by Mr. A. Hussain, Subordinate Judge, 1st Court, Chittagong in money Suit No. 15 of 1947 of the said Court. The plaintiff is a firm under the style M/S. Shaw a..

Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3

Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)

....ower to prohibit, restrict or otherwise control imports-info and exports from Pakistan may be rele­vant for our purpose, it is quoted below: "3. (1) The Central Government may, by order published in the official gazette and subject to such conditions and ex­ceptions as may be made ......o. 2 in Civil Appeal 22-D to 32-D, 37-D, 38-D, 44-D & 46-D of 1968 Respondent in Civil Appeal No. 41-D of 1968). Civil Appeal Nos. 20-D to 47-D of 1968. (On appeal from the judgment and order of the High Court of East Pakistan/Dacca, dated the 2nd February, 1968 in Writ Petitions Ns.1,...... allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......als are allowed. Cases Referred to- Abdul Kader Vs. Sales Tax Officer, AIR 1964 (SC) 922; Nawit Lal Vs. K.K. Sen, AIR 1965 (SC) 1375; Marriott Vs. Brune, (1850) 50 US 617; Lawder Vs. Stone, (1902) 187 U.S. 281; Shri Prithi Cotton Mills Ltd. Vs. Broach Borrough Municipality, AIR 1970 (..

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. ......nal Appeal No. 602 of 1974. Judgment Ruhul Islam J.—This reference to the Full Bench has been made by a Division Bench of this Court in connection with an appeal preferred against the order of conviction and sentence passed by Mr. S.S. Ahmed, Special Tribunal I, Tangail dated July 30......adud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......ferred to- Colonial Sugar Refining Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (1911) 2CH. 1; I.T.Commissioner, (1916) 2 KBD 249; Delhi Cloth and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 50 Mad. 8..

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. ......rd—For the Appellant. Mozammel Huq Senior Advocate, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent. Civil Appeal No. 22 of 1973. (From the judgment and order dated 2-4-1970 passed by the Dacca High Court in F.M.A. No. 131 of 1968). Judgment K...... involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ...... any reason. The allegation of victimization was denied. The appellant also denied that Nurul Absar was a unit representative. At the trial the respondent union examined 3 witnesses and the appellant one, the Manager of the company. The Labour Court on consideration of evidence held that the termina..

Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137

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. ......is writ petition also as non-maintainable on the ground that Mono Ranjan Saha because of his continued stay in Calcutta was an 'alien enemy'. Both the leave petitions were heard analogously and one order of leave was granted to consider the question whether the appellants to whom pass­ports wer......se is also Reported In: 28 DLR (AD) (1976) 133. ......ship firm carried on business of commis­sion agency and owned properties at Bhairab Bazar in the district of Mymensingh. Before the Proclamation of Emergency in September 1965, the appellant had gone to Calcutta on a Pakistan Passport for medical treatment and continued to stay thereafter the p..

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

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. ......espondent through his attorney A. Kusuf filed an appli­cation on 25-9-67 and agreed to the arbitration by Messers Alimullah Chowdhury and Z.A. Chowdhury. The Additional Deputy Commissioner, by an order of 28-9-67 appointed Mr. Zainul Abedin Chowdhury as the Arbit­rator and Mr. Alimullah Chow...... of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......f the same mouza belongs to Mr. Salamat Khan the appellant. Over the demarcation of a common boundary dis­pute arose between the parties and Mr. Ahad, the Respondent approached the Deputy Commissioner, Chittagong for demarcation of that boundary and Miscellaneous Case No.1 of 1967-68 was staged ..

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)

.... Court noticed that 1964 edition of the Concise Oxford Dictionary of current English describes 'Cellophane' to be '"transparent wrapping material made from viscose"' and the World Book Encyclopaedia published from Chicago described 'Cellophane at page 1300 of its Volume as follows :— "Cello...... appellant received a notice from an Inspector of Central Excise, Chandroghona Circle, Chittagong intimating that the Collector of Central Excise and Land Customs, Chittagong, East Zone had issued an order to assess 'Dilphane' under item 35 of the First Schedule to the Central Excise and Salt Act, 1......without any order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 72. ......in Hossain J Debesh Chandra Bhattacharya J Karnaphuli Rayon and Chemical Ltd... .........................Appellant. Vs. The Collector of Central Excise & Land Customs, East Zone, Chitttagong & another……..........................Respondents. Judgment ..

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

Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 1975, 4 CLC (HCD)

....nferred by section 8B of the Act must be exercised before the payment of compensation and not after it. The Second limitation is that such order of withdrawal must be done by a Notification published in the official gazette. This requirement as laid down, by section 8B has not be......For Respondent No. 6. B. B. Roy Chowdhury, A.A.G.—For Res­pondent No. 2. Writ Petition No. 573 of 1974. Judgment Fazle Munim J. — This Rule was directed against an order dated 12. 3. 73 passed by the government by which the lands in question; were withdrawn from a......er make no order as to costs. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 597 ......97 ..

Category: Property Law | Date: 2 Sep, 1975 | Hits: 3

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)

....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       ......he space under the stair case of the second building of Nawab Yusuf D.I.T. Market, Dacca since 1965. Excepting the verbal permission of the officer of respondent No. 1 he had no other right there. No order of allotment was over made in his favor. Since the year 1968 he has been applying for the sett...... Shahabuddin Ahmed J.-I agree Ed. This Case is also Reported in: 27 DLR (1975)(HCD) 649       ...... High Court Division (Special Original Jurisdiction) Present: Fazle Munim J  Shahabuddin Ahmed J Md. Shahabuddin ………………Petitioner Vs. Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T.,..

Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1