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

....mand to furnish Bank guarantee having been made in pursuance of public notice and not under the aforesaid S.R.O. 49 (R)/66 or the act of 1950 is not validated under Section 7 or Act III of 1967. Bangladesh was substituted for the Govern­ment of Pakistan to undertake the rights and liabiliti......ong & another....Respondents (In Civil Appeal No. 26-D of 1968.) East Bengal Steel Re-Rolling Mills Ltd. Chittagong & ano­ther....Respondents (In Civil Appeal No. 27-D of 1968.) National Iron and Steel Indus­tries Ltd. Chittagong and an­other.....Respondents (In Civil A...... 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. ......s. Khulna Municipal Committee (1967)19 DLR (Dae.)55; Shanmugha Oil Mill Vs. Coimbafore Market Com­mittee, AIR 1960 Mad. 162; Kunnathat Thathunni Moopil Vs. State of Kerala AIR 1961 (SC) 559. Lawyers Involved: K.A. Bakar, Attorney-General with Quasi Shafiuddin, Assistant Attorney-Genera..

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

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

....or sentencing a person to death or to transportation for life, an appeal lay as of right to the Appellate Division of the Supreme Court, as provided under Article 103 of the Constitution of Bangladesh. 67. Under new section 30 appeals lay to the Appellate Tribunal (one membe......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. ......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. ......50 CWN 502; Garikapati, PLD (1962)448; Muzaffar Ahmad, (1964) 16 DLR 336; Gazi, PLD (1962) Lah. 662; Khushiram Halidas, PLD (1969)Kar. 875; Dammal All AIR (1936) P.3: Indira, AIR (1956) (SC) 77. Lawyers Involved: Md. Abdur Rouf with Khademul Islam Chowdhury and Md. Luthfar Rahman Mazumdar&..

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

Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)

....t Appellate Division (Civil) Present: Syed A. B. Mahmud Hussain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Bangladesh Tea Estate Ltd.... ............Appellant. Vs. Bangladesh Tea Estate Staff Assoc......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. ......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. ......ws Print Mills Vs. Khulna News Print Employees Union, 25 D.L.R. (S.C.) 85; Pakistan Tobacco Company Ltd. Vs. Pakistan Tobacco Company Employees Union Dacca 13 DLR (S.C.) 280 PLD 1961 (S.C.) 403. Lawyers Involved: T. Islam, Advocate, instructed by Zinnur Ahmed, Advocate-on-Record—For ..

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. ...... be clarified. The High Court has expressed great doubt on the nation­ality of the appellants.  It was inclined to be­lieve that the appellants has lost their nation­ality and become Indian Nationals. We, how­ever, find that having been born in this part of the country both the appellant......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. ......roperty, 1952 (2) B. 183; Amiya Kumar Tarafder Vs. Province of East Pakistan, 25 D.L.R. 304; Sevrracht Vs. Van Udens Scheepvart Agentuur Mastschappij (N. V. Gebr), 1943 Appeal Cases 203. Lawyers Involved: Khandkar Mahbubuddin Ahmad, Advocate instructed by A. Rab II, Advocate-..

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. ......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. ......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. ...... Smoke Ball Company, 1893 1 Q. B. 256; Brogden Vs. Metro­politan Railway Company, 1877 (2) Appeal Cases 666; Muhd. Sagir Bhatti & Sons Vs. Federation of Pakistan, (1968) 10 DLR (SC) 169. Lawyers Involved: M. H. Khandker, Senior Advocate, with B.B. Roy Chowdhury and B.K. Das, Advoca..

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. ...... 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. ...... 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. ......amp; Land Customs, East Zone, Chitttagong & another……..........................Respondents. Judgment November 20, 1975. Result: The appeal is dismissed. Lawyers Involved: Muhammad Habibur Rahman, with A. K. Khan, Advocates, instructed by A. Backkar..

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

Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)

....ing of Section 36(2) (b) of the Special Powers Act and in support of his contention he relied on the decision of the Appellate Division of this Court in the case of solicitor, Government of Bangladesh Vs. A.T. Mridha, reported in 26 D.L.R. 17. Mr. Chowdhury has also submitted that if after......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ......70/74 Sabje Ali and another Vs. the state and (3) Criminal Revision No. 584/74 (A.K. Rabbani alias Salim Vs. the State; Criminal Revision No. 1871/74 (Akhtar Hossain & others Vs. the State). Lawyers Involved: Abdul Hye Chowdhury—For the Petitioners Moazzem Hossain—For..

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

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

.... Present: Fazle Munim J Shahabuddin Ah­med J Abdul Mannan................................Petitioner Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh…………...............Respondents Judgment September 2,...... The Rule is, accordingly, 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) 597 ...... The Rule is, accordingly, 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) 597 ......inistration and Land Reforms, Govt. of Bangladesh…………...............Respondents Judgment September 2, 1975. Result: The Rule is made absolute Lawyers involved: M. H. Khandaker with Abdul Aziz, Advocates—For the Petitioner. Ser..

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       ......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       ......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 Chairman, D.I.T., D.I.T. Buildings, Dacca and 2 others……………Respondents  Judgment August 28, 1975 Result: The Rule is made absolute. Lawyers Involved: Ahmed Sobhan with Md. Fazlul Karim and Tamijul Huq, Advoc..

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

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.  ......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.  ......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.  ...... Vs. Wilsons & Co. 41 Madras, 907 Ramdhandas R. Kisson Prim Vs. Kishori Girm, AIR 1954 Orissa 254; Pakistan Indus­trial Development Corporation Vs. Aziz Quroshi, PLD 1965 Karachi 202. Lawyers Involved: H, Rahman Sharif, Advocate, Supreme Court, instructed by S. M. Huq, Advo..

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)

....(Special Original Jurisdiction) Present: Fazle Munim J S. Ahmed J The College of Music ............................Petitioner Vs. Secy. Revenue Depart­ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others..............Respondents Judgment Ju......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 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   ...... Secy. Revenue Depart­ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others..............Respondents Judgment July 30, 1975. Result: The rule is discharged Lawyers Involved: Mirza Golam Hafiz, with Md. Abdul Aziz—For the Petitioner. M.M. Ha..

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.   ......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.   ......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.   ......ion is rejected. An application for leave should not be entertained when the appeal is time 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 ..

Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2

Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)

....pondents. 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.) Judgment Shahabuddin Ahmed J. — In this application under Article ......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    ......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    ......e Vs. Jollife (1874), L.R.I.C. P-446 and "G.T. Mudaliar Vs. Sakuntala" AIR 1949 Mad. 835; Sirajuddin Ahmed Vs. Upendra Lala", 22 DLR (Dacca) 827; Ram Kr. Vs. Ratan, 35 C.W.N. 841. Lawyers Involved: Mouinul Haque with A. Gafur – For the Petitioner. Khandaker Mahbub..

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   ...... 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   ...... 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   ......957 Karachi 61; Income-tax, Bombay Vs. Sarangpur Cotton Manufacturing Co. Ltd. 1938 (P.C.) 6 I.T.S. 36; Mohd. Anwer Mohd. Iqbal Vs. Income-Tax Appellate Tribunal, Karachi (1967) 15 Taxation 182. Lawyers Involved: Abdul Hamid Chowdhury and Khondker Fazlul Quadir—For applicant. A..

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

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

.... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683   ...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683   ...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683   ......ibash Mukhupaddya and ors. Vs. Elahi Haider and ors.; 1969 D.LC 590 Nur Md. Babar Ali & ors. Vs. Shah Md. Ali and ors; Civil Order No. 14 of 1966, Lutfar Rahman Vs. Montashemuddin & ors. Lawyers Involved: Md. Yahya- For the Petitioners. Abdul Hamid- For the Opposite party..

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)

....son of late Sadar Ali, accused in cus­tody)......Petitioner  Vs. 1. The  State,   represen­ted by Secretary, Ministry of Home   Affairs,  Govt. of Bangladesh, Eden Bu­ildings, Dacca. 2. Sub-Divisional Ma­gistrate, Sadar (North) Chitta......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   ......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   ......th­out lawful authority and he is being held in custody without lawful authority and in an unlawful manner……………………… (4 & 5) Lawyers Involved: Abu Saleque, Advocate—For the Petitioner. M.M. Hague with B.B.&nb..

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

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

....d when, as a matter of fact, he recorded findings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as ......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      ......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      ......J Afazullah Manjhee....................... Petitioner Vs. Election Tribunal, Patiya ........Respondents Judgment June 13, 1975. Result: The Rule disposed of. Lawyers Involved: Ahamad Sobhan with Md. Fazlul Karim, Advocates—For the petitioner. ..

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

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

....hese 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 Rules, 1973. The res......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       ......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       ...... 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tri­bunal, Kurigram....the Respondents Judgment June 3, 1975. Result: The rule is made absolute. Lawyers Involved: Shah Azizur Rahman—For the Petitioner. No One—For Responden..

Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1

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

....J    Shahabuddin Ahmed J  Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent Judgment May 22, 1975 Result: The R......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       ......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       ......es in question could not be treated as abandoned property within the meaning of Article 2 of the President's Order No. 16 of 1972 due to the circumstances men­tioned above…....(3) Lawyers Involved: T. H. Khan with A. H. Md. Nurul Huda Khandaker, Advocates—For the Petit..

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