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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   ......;M.A. Baqui Mallik, Advocates - For addition of party Petition No. 199 of 1975 Judgment Fazle Munim J. - In this petition under Article 102 of the constitution the validity of an order dated 5.4.75 passed by the Special Tribunal No. 1 Sylhet directing the police to submit charge......cation is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550   ......ugust 14, 1975 Result: The application is rejected. Lawyers Involved: Abdul Hye Choudhury with Shah Mohammad Sharif and Mohammad Ayub, Advocates- For the Petitioner Sirajul Huq with M.A. Baqui Mallik, Advocates - For addition of party Petition No. 1..

Category: Administrative Law | Date: 14 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.  ......at the defaulting party must pay the difference between contract price and the market price on the date of breach. 12. The second contention of Mr. Sharif is the second point of the leave order. He says, the High Court was not justified in taking the market price prevailing on 19. 8. 5...... This Case is also Reported in: 28 DLR (AD) (1978) 76.  ...... That is the principal consi­deration. Then comes the measure of damages. The section says that the loss or damage towards compensation may be claimed in the event of breach which must be either, one which arises naturally in the usual course of things from the breach, or one which the parties ..

Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240

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   ......ondent Nos. 4 and 6. Writ Petition No.20 of 1971. Judgment Fazle Munim J.— A rule was issued by this Court on 11th January 1971 calling upon the respondents to show cause why the order dated 2-8-69 passed by the Secretary, Revenue Department, setting aside the order of requisiti...... 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

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

....or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed.   This Case is also Reported in: 27 DLR (HCD) (1975) 655.   ......e present application 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,......;This Case is also Reported in: 27 DLR (HCD) (1975) 655.   ......ime barred. Case Referred To- Md. Sharif Khan Vs. Akhtar Hossain Khan, 5 D.L.R. at page 549 Lawyers Involved: Moinul Huq, with A. Baset Majumder—For the Appellant-Petitioner T.H. Khan, with A.M. Jalaluddin—For the Respondent-Opposite Party Second A..

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    ......tion of the People's Republic of Bangladesh.) Judgment Shahabuddin Ahmed J. — In this application under Article 102 of the Constitution the petitioner has challenged the order dated 31.8.74 of the Election Tribunal, Narayanganj (Respondent No. 1) accepting the report of......housand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594    ...... High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J S.M. Hussain J Amizuddin Ahmed…………......................Petitioner Vs. Election Tribunal, Narayanganj and others…..........Respondents Judgm..

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   ......e Order, 1972. And In the of: Application No. 39 of 1973 ) Judgment Ruhul Islam J. — By this application the assessee-applicant prays for deciding a question of law arising out of the order dated the 21st July, 1973 passed by the Income Tax Appellate Tribunal, Dacca Branch, Dacca, as...... Vs. Commissioner of Income Tax……………………...Respondent Judgment, July 7, 1975. Result: The question submitted answered in the negative. Cases Referred To- Ata Hussain Khan Vs. C.I.T., Dacca (1968) XVIII Taxati......onal Jurisdiction) Present: Ruhul Islam J A.S. Faizul Islam Chowdhury J M/s. Friends Corporation Dacca…………….....Applicant Vs. Commissioner of Income Tax……………………...Respondent ..

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

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

....hupaddya and ors. Vs. Elahi Haider and ors. an application under Order 21 rule 90 of the Code of Civil Procedure for setting aside a sale on the ground of material irregularity and fraud in publishing and conducting the sale was dismissed. On appeal it was allowed on the ground that the de......rs Involved: Md. Yahya- For the Petitioners. Abdul Hamid- For the Opposite party Civil 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......shi Vs. Farman Ali Mridha & anr.; 14 DLR 256, Sarbeswar Mandal & ors. Vs. Fakur Chand Sarker & ors; 31 CWN 576, Sarat Krishna Bose Vs. Bisweshwar Mitra & ors.; Pitamber Lal Vs. Dadhi Singh, ILR 46 All. 319; PLD 1959 (West Pakistan) Quetta 1, Muhammad Hashim Khan Vs. Major Fazal Elahi...... High Court Division (Civil Revisional Jurisdiction) Present: S.M. Mohsen Ali J Mst. Masuda Khatoon & others…………………Petitioners Vs. Maniruzzaman………………………..

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)

....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   ......975. Result: The rule is made absolute. Order of the Government Needed to Extend Initial Detention— The absence of the initial detention beyond 6 months with extended by any order of the Government for further investigation coupled with the non-submission of the charge-shee......is made absolute. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517   ...... Division (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin J Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus­tody)......Petitioner  Vs. 1. The  State,   represen­ted by Secretary, Ministry of ..

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

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

....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      ......ate—For Res­pondent No. 2. Writ Petition No. 1353 of 1974. Judgment Fazle Munim J.— In this petition under Article 102 of the Constitution the validity of an order dated 21-9-74. passed by the Election Tribunal, Patiya, Chittagong has been challenged on two ...... 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)

.... of election in these sub-centers which were conducted peacefully, the Presiding Officer declared the petitioner elected Vice-Chairman of the Union Panshad. The result of the election was accordingly published in the Bangladesh Gazette as per rule 43 of the Union Parishad and Pourashava Election Rul...... No One—For Respondents. Petition No. 49 of 1975 Judgment Fazle Munim J. — In this petition under Article 102 of the Constitution the petitioner challenged the order dated 14-12-74 passed by the Election Tribunal, Kurigram Rangpur in Election Tribunal case No.......din Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521       ......risdiction) Present: Fazle Munim J Shahabuddin Ahmed J Lutfur Rahman………………………………….Petitioner Vs. 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tri­bunal..

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         ......rd, P.E. Railway………………..Opposite party Judgment May 30, 1975. Result: The rule in Civil Revision No. 1423 of 1970 is discharged. The order of the learned District Judge with different reason is affirmed. The rule in Civil Revisi......is also Reported in: 27 DLR (HCD) (1975) 563         ......on) Present: K. Hossain J A. S. Faizul Islam Chowdhury J Bacha Meah………………………………....Petitioner Vs. Province of East Pakistan & another........Opposite parties Pakistan Eas..

Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1

Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614       ......al —For Respondent No. 1. Petition No. 691 of 1974 Judgment Fazle Munim J. — In this petition under Article 102 of the Constitution the legality of the Government order dated 14. 5. 74 regretting their inability to release M/S. M. Moin & Co. 150, Nawabpur Roa...... Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614       ......f Bangladesh………Respondent Judgment May 22, 1975 Result: The Rule is made absolute In the presence of any family member no property can be treated as abandoned property even if the owner of the property is absent— The owner may be absent or his..

Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7

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.       ......he delay in holding the Annual General Meeting for the year 1972 with a prayer for directing the petitioner to hold the said Annual General Meeting within six weeks from the date of drawing up of the order. 2. It is stated in the petition that the company carries on business of plantation and m......out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490.       ...... (Special Original Jurisdiction) Present: S.M. Mohsen Ali J Monipur Tea Co. Ltd. And Ahmedur Rahman………………………. Petitioner Judgment May 20, 1975. Result: The appeal is allowed. Section 76,..

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

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

....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       ......sh;For the Petitioner Dr. Aleem-Al-Razee with A. T. Chowdhury. Advocate—For Respondent No. 5. Petition No. 316 of 1974. Judgment Fazle Munim J. — In this petition the order of the Election Commission dated 5.2.74 directing the respondent No. 3 to act according to the......s. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662       ......rt Division (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Responde..

Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1

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         ......h A. N. M. Shahidullah—For the Appellant. Md. Yahia—For the State. Criminal Appeal No. 531 of 1973. Judgment A.T.M. Masud J.— This appeal is directed against an order of conviction and sentence passed on 22. 8. 73 by Mr. M.A. Quasem, Special Magistrate, Pabna, ......Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ......d that on 18. 1. 73 at 4. p.m. he went with P.W. 1 to search the house of the appellant and recovered from the east bhiti and west bhiti huts 81 rounds of ammunitions of 303 rifles which were kept in one reskin bag and one khaki bag, Ext.I series. Those were seized by P.W. 1 who prepared a seizure l..

Category: Arms Law | Date: 2 May, 1975 | Hits: 2

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         ...... contradict the statements made by P.W. 3, P.W. 4 and P.W. 8. The suggestion of Mr. Paul that as the plaintiff was the Head of the Institution in which the said witnesses served, they prevaricated in order to oblige him did not carry any conviction with us. There is nothing on record to indicate tha......acharya J A.S. Faizul Islam Choudhury J Abdul Awal and others…………………………….Appellants Vs. Mofasiluddin Ahmed and others……………Respondents Judgment April 30, ......No. 1. 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 Dac..

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         ......n of this Order which says that the Management Boards of the units mentioned in the notification were to "cease to exercise their functions so far as they relate to these units." 3. In order to understand the petitioners objections as regard the validity of this notification, it is ne......d J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 674         ......igh Court Division (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ahmed J Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd...........Petitioner (In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Sa­mity Ltd...Peti..

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

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   ...... the matter of: Am application under Article 102(2) (a) (ii) of the Constitution of the People's Republic of Bangladesh. Judgment Fazle Munim J. — This Rule is directed against an order of Award dated 31. 8. 73 passed by the Court of Tribunal constituted under the President's......er as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611   ......diction) Present: Fazle Munim J Shahabuddin Ahmed J Badruddin……………………………………Petitioner Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another….....Resp..

Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2

Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)

....o which the Convention applied and upon differences between persons who were subjects of Powers declared by notification to be parties to the said Convention and that no such notification having been published by the Central Government of Pakistan till then declaring England to be a party to the Con......in the midst of a bloody and atrocious war imposed by Pakistan upon the people of Bangladesh, and the newly constituted State befog in immediate need of the laws which will be required for running an orderly government in the territories over which they established their control, all those laws whic......ourt Division (Civil Revisional Jurisdiction) Present: D.C. Bhattacharya J S. M. Mohsen Ali J Messrs. Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 23, 1975. ......me Court High Court Division (Civil Revisional Jurisdiction) Present: D.C. Bhattacharya J S. M. Mohsen Ali J Messrs. Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment ..

Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3

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   ......ent. F. A. No. 235 of 1968 Judgment D.C. Bhattacharya J.— This appeal is directed against a judgment and decree passed by the second court of Subordinate Judge, Barisal after an order of remand made by the High Court of. East Pakistan and was at the instance of the Province of ......n Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Sundar Ahir and others Vs. Phuljharia and another, A.I....... char measuring more or less 700 acres thrown up by a tributary of the Meghna at Bhola and the rival claimants are the plaintiffs and the co-plaintiffs who have been subsequently added as such on the one hand, and defendant No.1, which was originally Province of Bengal, subsequently after partition ..

Category: Property Law | Date: 17 Apr, 1975 | Hits: 2