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Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....ther words, Mr. Ahmed reverts back to the original defence that the law of master and servant applies in this case. 9. Mr. Asrarul Hossain learned Counsel for respondent No. 1, on the other hand, vehemently argues that the respondent is an employee of a statutory Corporation, namely, Bang......rvice Rules of either Jamuna Oil Company Ltd. or Bangladesh Petroleum Corporation, a specific point taken in Ground No. IV of the revisional application which the High Court Division failed to take note of. 8. Mr. Syed Ishtiaq Ahmed, appearing for Bangladesh Petroleum Corporation, respond..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....r and ors. Vs. Wazedali Talukder and another, 19 DLR 33 (37); Mt. Goday Koowur Vs. Mt. Ladoo, 13 Moor Ind App 585 (PC); Jadu Nath Poddar Vs. Rup Lal Poddar, ILR 33 Cal. 967 (983‑984) Dharam Chand Vs. Mauji Saha, 16 CLJ 436, Naraklal, Vs. Thagoo Lal, AIR 1915 Cal. 819, Mathura Mohan Saha Vs...... then it must be given effect to and cannot be whittled down on the ground of hardship. 6. The case of Mt. Goday Koowur Vs. Mi. Ladoo, 13 Moor Ind App 585 (PC), is the earliest authority of note for the proposition that a bare admission in a document, made without any consideration, that ..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ll who claim through them, as a physical delivery of the goods would do. And thus the possession may, in effect, be passed from one buyer pledgee, etc. to another, while the goods are still in the hands of the shipowner. The, learned Additional Attorney-General however, referred to t......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... of the proceeding land (plot No. 759, Khatian No. 526 under char Iswardi mouza), that the second party be restrained to enter into the said land and that the O/C Kotwali (receiver) be directed to hand over possession of the land to the first party. 6. The second party being aggrieved by ......itle. 14. The principles referred to are not in dispute. The question is whether the High Court Division was justified in making the findings and observation as referred to above. It may be noted by way of recapitulation that the first party alleged that the second party men were his barg..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
.... into the room of deceased Zahura Khatun and at that time after taking his evening meal he was sitting in the courtyard of deceased Zahura Khatun's house. He had two‑battery torchlight in his hand and he focused torchlight towards them and according to their instructions he raised hue and ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ution of a legal sentence. Reliance is placed on In re Vs. Bonomally Gupta, ILR 1917 Cal. 723 (733), Janardhan Reddy Vs. The State of Hyderabad & others, AIR 1951 (SC) 217, and Col. Dr. B Ramachandra Rao Vs. The State of Orissa and others, AIR 1971 (SC) 2197. In all these cases the existenc...... to be produced before the Court for its satisfaction whether the irregularity can be overlooked by looking into the conviction itself. Secondary evidence, without making any case for that, of some notes as to conviction from some registers maintained for purposes other than a case‑record ..Category: Constitutional Law | Date: | Hits: 365
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 99
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....and the informant woke up and saw injuries on the chest of her husband. She also saw accused Babor Ali going by the southern side of her house with a gun on his left shoulder and a dao in his right hand. Accused Babor Ali was wearing lungi and shoes at that time. PW Rahela Khatun disclosed that ......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..Category: Criminal Law | Date: | Hits: 68
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....as held in his house and at that time he heard a sound from the eastern corner of his house and going over there he saw that accused Masabber Chacha and others were running away with chora in their hands from the place of occurrence. The informant and others found victim Nurul Islam dead. On thi......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..Category: Criminal Law | Date: | Hits: 60
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....ountant of the Appellant-Society who was later on found negligent in the discharge of his duties and responsibilities and as such an order was served upon him on 2nd December, 1968 directing him to hand over the charge of his office to the Assistant Accountant and was placed under suspension from......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 144
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....uzzaman and some others were on the foot path, the respondent Bahauddin along with a few other armed police constables came in a jeep from the north alighted therefrom with a drawn revolver in his hand and proceeded towards late Asaduzzaman and others forming a cordon. When Asaduzzaman and his a......quot;it was thus alleged that respondent without any provocation whatsoever want only and deliberately shot at and murdered Asaduzzaman. 6. The Government version which was released in press notes is as follows:— "FLAG PRESS NOTE "The Pakistan Obser..Category: Criminal Law | Date: | Hits: 66
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....nd others A.I.R. 1961(S.C.) 832; Secretary of State for India Vs. Mask & Co. L. B. 67 I. A. 222 = A.I.R. 1940 P.C 105; Abdul Rouf and others Vs. Abdul Hamid Khan in 16 D.L.R. (S.C.) 515; Phool Chand Vs. Gopal Lal, reported in A.I.R. 1967, 1470; Lawyers Involved: Shamsul Huq Ch......for restraining the defendants permanently from enforcing the requisition or acquisition and from disturbing thereby the possession of the plaintiffs in the property in suit, the learned Judge has noted that he did not accede to the prayer in the plaint to which was made before him for amending ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....s Case is also Reported in: 28 DLR (AD) 141.......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....to have had some kind of relation or connection with some transaction of properties in Pakistan. 9. Mr. A.W. Chowdhury, learned Counsel appearing on 'behalf of the Revenue, has on the other hand, contended that the method of payment of remuneration to the managing company for their servic......d to sell such machinery, stores, goods, materials and/ or any of the articles manufactured or acquired by the Company and to make, draw, endorse, sign, accept, negotiate and give all cheques, notes, hoondies, bills of lading, drafts, orders, Government of India and other Promissory Notes an..Category: Fiscal/Taxation Law | Date: | Hits: 114
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....s to costs in this appeal. Ed. ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: AM Sayem CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun N......ection 36 of the Code they shall be equally applicable for the execution of the orders of Civil Court which come under the definition as laid down in section 2(14) of the Code. It is significant to note that the heading as has been given to Order XXI is "Execution of decrees and orders"..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
.... Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....s also Reported In: 28 DLR (AD) (1976) 65. ......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
.... Appellate Division (Civil) Present: A. M. Sayem, C. J. Syed A. B. Mahmud Hussain, J. Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya. J. Bangladesh……Appellant. Vs. Mohd. Ab......s, it was at first an order of attachment before judgment and in view of Order 38 rules 11 C.P. Code there was no further order of attachment after passing of the Judgment. It is pertinent to note that Order 38, rule 10 C.P. Code provides that such attachment does not affect the rights..Category: Civil Law | Date: | Hits: 103
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton, reported in (1835-42) All England Reporter 71; Hriday Nath Roy Vs. Ram Chandra Barma Sarma, I.L.R. 48 Calcutta 138; Ashutosh Sikdar Vs. Behari Lal Kirtania, ILR 35 Cal. 61;......the ground that appointments was made more than 15 days after the parties had asked the arbitrators to appoint an Umpire." 32. An analysis of the various decisions of the different High Courts noted above shows that the general view which has been taken in those decisions is that service of n..Category: Alternative Dispute Resolution | Date: | Hits: 258
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