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Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)

....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 83

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....Nos. 26 and 27 of 1978) T.H. Khan, Senior Advocate, with Dr.Zahir, Advocate, instructed by S. M. Huq, Advocate-on-Record.— For the Appellant (in C.A. Nos. 46 and 47 of 1978). Ex-parte.—Respondent No. 1 (in C.A. Nos. 26 and 27 of 1978) Ex-parte.—Respondent N......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......quot; used in the second part of the definition of 'worker' or 'workman’ and section 43 of the I.R.O. Observed as follows. "As section 34 does not include any reference loan industrial dispute, it cannot, therefore, be said to have prescribed the manner of ..

Category: Labour and Industrial Law | Date: | Hits: 91

Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)

....case of waiver or acquiescence or such supervening facts and circumstances as to make the compliance with the enactment beyond the control of the tenant. However, it will depend on the facts of a particular case to see whether there has been default in payment of rent in terms of the statute, bu......t arises out of a suit for ejectment. Facts are that the defendant-appellant was a monthly tenant of the suit premises at the rate of Rs. 21/- per month according to the Bengali Calendar and the last payment of rent was made on 12th Falgoon, 1375 B.S. for the months of Agrahayan, Poush and Magh, 137......f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ..

Category: Tenancy Law | Date: | Hits: 116

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......ned properties and accordingly called for tender on 2.1.85 through Newspapers. One Syed Altaf Hossain became the highest bidder for the disputed property offering Tk. 84, 00,000.00. He made a down payment of Tk. 11, 80,000/‑being 15% of the bid money in favour of the Executive Engineer (Ma......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..

Category: Criminal Law | Date: | Hits: 51

ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)

....and discharged the Rule issued in the matter. 3. It is contended on behalf of the petitioner that, the judgment delivered earlier on 18.7.1990 was understood by the learned Advocates of the parties as well as by the parties present in Court as an agreed judgment as the learned presiding j......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..

Category: Procedural Law | Date: | Hits: 128

Lutfar Rahman Vs. State, 1973, 2 CLC (AD)

....e work of sinking the tube-wells was not properly done and the money had been misappropriated by the appellant in collusion with 2 members and the Chairman of the Union Council. Anti-Corruption Department made preliminary enquiries and filed F.I.R. and after investigation submitted charge-shee......be sunk to a depth of 152 feet. The appellant undertook the work and filed a voucher exhibit 6 dated 7-8-61 certified by 2 members of the said Union Council and the Chairman of the Council made payment of Rs. 2,400/-. Subsequently on the basis of complaint filed by P.W.8 Mukshed Ali Mondal a......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..

Category: Criminal Law | Date: | Hits: 84

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....gladesh.............................................Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintif......nt, and that it was of considerable volume and further that the contractor had been doing works in excess of these required of him. These works were completed in 1962. The contractor is entitled to payment of a reasonable amount, pending decision of the question whether the Courts should determin......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..

Category: Others | Date: | Hits: 103

Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

....he proposed termination. The appeal is, accordingly, allowed and the award of the Industrial Court directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......case of private employment, the ordinary rule of master and servant must be sustained, namely, that without cause assigned the master may dispense with the services of the servant with notice or on payment of salary in lieu of notice. The servant may equally exercise the power relinquishing his a...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ..

Category: Labour and Industrial Law | Date: | Hits: 107

Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)

....t business vide rule 3 of the relevant Rules, being subject by such Rule "to a first lien for payments to be made in Forward Settlement" is in law to be treated as subject to "a possessory lien which partakes of the nature of a floating security". Mr. Sharifuddin Pirzada for the Karachi Stock Exchan...... Lien on the security deposit by a member of stock exchange As per rule 3(iv) of the Forward Contract Rules all deposits by a member of Karachi Stock Exchange shall be subject to a first lien for payments to be made in settlement of forward transactions. Since the defendant had not done any forw...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..

Category: Business or Commercial Law | Date: | Hits: 74

Sirajul Islam Vs. State, 1973, 2 CLC (AD)

.... Vs. The State........................Respondent Judgment February 2, 1971. The Penal Code, 1860 (XLV of 1860), section 409 Criminal Breach of Trust There was a practice in the department to give advances to officers, although it was not warranted by the Financial rules. In view......efore the assumption of charge by him. He admitted to have received Rs. 650/- from the cashier Abdul Aziz as against his salary cheque for the equivalent, amount, but denied his knowledge about the payment of Rs. 200/- to Mr. Zahurul Huq and Rs. 1,300/-to Mr. Rahman Ghani. These amounts of Rs. 200...... Thereafter the learned Judges reached the following conclusion:— "In fact, we find that the evidence on record makes it very doubtful whether a sum of Rs. 1,300/- actually represented a loan given to the late Mr. Rahman Ghani or whether it was not the balance due in respect of the unp..

Category: Anti-Corruption Laws | Date: | Hits: 142

Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)

.... fresh petition for bail being Cr. Misc. No. 8143 of 1970 which was accepted on 3rd December, 1970, and bail was granted to respondent No. 1 as he had allegedly raised only a lalkara and had taken no part in the assault on the deceased and his companions. 3. Mohammad Sharif, the private complai...... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ...... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ..

Category: Criminal Law | Date: | Hits: 60

Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)

....n Lahore during those days. He dismissed the appeal, but the circumstances under which it was disposed of are described by him in the last paragraph of the judgment, which reads:— "Before parting with the case, I would like to record that when this appeal was called, neither the appella...... Ali was convicted by a Magistrate 1st Class, Lahore, with powers under section 30, for an offence under section 326 PPC, and sentenced to seven years R.I. and a fine of Rs. 100.00, or, in default of payment, further three months R.I. The prosecution case against him was that he had thrown acid on A......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..

Category: Criminal Law | Date: | Hits: 78

M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)

.....................Respondent Judgement November 24, 1970. The Income Tax Act, 1922, second proviso to section 10(2)(vii) The transaction between a firm composed of two partners and a limited company of which the said two partners are only shareholders, was not a busin......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

....se of fatal accident caused by a motor vehicle Insurance Company is liable to pay the decreetal amount of compensation as if it were a judgment debtor even though the Insurance Company was not made a party-defendant in the suit. The only condition necessary to make the Insurance Company so liable is...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..

Category: Others | Date: | Hits: 124

Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)

....ate, the respondent No. 1 moved the Additional Sessions Judge for bail on the ground that he had produced evidence of alibi before the Investigating Officer and that there was inordinate delay on the part of the prosecution in the conduct of the inquiry. The application was dismissed by the Addi......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..

Category: Criminal Law | Date: | Hits: 96

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....ate, instructed by Muhammad Nurul Huq, Advocate-on-Record—For the Appellant. Ahmed Sobhan, Senior Advocate, instructed by Abu Bakkar, Advocate-on-Record—For Respondent Nos. 1(a) to 1(c). Ex parte-Respondent Nos. 2 to 4. Civil Appeal No. 103D of 1968. (On appeal from the judgment a......t date a demand promissory note for the sum of Rs. 25000/- as further security. The respondent No. 3, Mohammad Islam, who is brother of respondent No. 1, stood surety for defendant No.1 and granted repayment of the outstanding dues on the above overdraft account by executing a registered letter of......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..

Category: Banking Law | Date: | Hits: 230

The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)

.... expression "migration" envisages two conceptions, namely, going away from the territory of one country to the territory of another and the intention to abandon the domicile of the country of departure and to acquire the domicile of the of arrival in order to make that country a place of his......ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ......ell any of their properties before their departure for India, that they returned home from India within 1 or 1 ½ months after their departure and that after their return they repaid the agricultural loan which they had earlier taken. This witness further stated that the Boards slip permitting the r..

Category: Criminal Law | Date: | Hits: 59

Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)

....ons (Compensation and Rehabilitation) Act, 1958, section 2(3) A person in order to qualify himself as a “displaced person” must have a permanent residence or such continuous habitation in that part of British India which subsequently formed part of India with no immediate intention of leaving......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ..

Category: Property Law | Date: | Hits: 61

M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)

....Suit No. 143 of 1990. 3. The defendant-petitioners appeared in the said suit and filed written statement but ultimately did not contest the suit and accordingly the said suit was decreed ex-parte on 17-2-1991 in preliminary form. The defendant-petitioners thereafter filed Miscellaneous Ca......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ......ated 23-5-2000 filed by the petitioners under Order 21 Rule 13 of the Code of Civil Procedure for setting aside the auction sale. 2. The respondent-Bank sanctioned Commercial House Building loan of Tk.7,50,000/- on 12-11-1984 in favour of the petitioners for the construction of first and ..

Category: Banking Law | Date: | Hits: 112

....Senior Advocate with him), instructed by Nawab Ali, Advocate-on-Record- For Respondent Nos. 3-4. Ex parte- For Respondent Nos. 1-2, 5-6. Civil Appe......paid by the Parties: The Secretariat draws the attention of the sole arbitrator to article 9.4 of the ICC Arbitration Rules stating that the Terms of Reference becomes effective upon payment of the total advance on costs fixed at US $ 12,000,—, subject to later readjustments...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..

Category: Business or Commercial Law | Date: | Hits: 94

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