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Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....im) instructed by Sharifuddin Chaklader, Advocate‑on‑Record –For the Appellant. Sultan Ahmed, Advocate, instructed by Aftab Hossain, Advocate‑on‑Record ‑For the Respondent No, 2. Ex parte‑ Respondent No. 1. Syed Amirul Islam, Advocate- Amicus Curie. Civil Appeal No. 27 of 1......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... Howard Vs. Bodington (1877) 2 PD 203(211); 1981 All LJ 197 (DB); In re Peerless (1841) I QB 143; Re Elmy (1834) IA & E 843; Taylor Vs. Taylor, (1876) 1 Ch. 426; RV Post Master General ex parte Carmichael [1928] I KB 291; RV Mount (1875) LR 6 PC 283; RV Governor of Lewes Prison, ex part......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....p; Mustafa Kamal, J: The trial Court having dismissed the defendants application under Order IX, Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree passed against them on 28‑7‑85, they preferred an appeal to the High Court...... Code of Civil Procedure for setting aside the ex parte decree passed against them on 28‑7‑85, they preferred an appeal to the High Court Division which allowed the same on condition of payment of Tk. 3,000/= to the plaintiff who now seeks leave to appeal from the said judgment. ......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)
.... the hospital on 30.9.81 Police investigated into the case and submitted final report on 9.3.82. Subsequent thereto the case was reopened on the prayer of the Inspector of Criminal investigation Department, Camp Jessore. During investigation on 2.9.82 Md. Ejahar Ali, a non‑appealing accuse......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. ......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
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....Order 41 rule 19, CPC. 2. The plaintiff‑appellants' Other Suit No. 95 of 1973 for declaration of title and recovery of possession was decreed against the defendant-respondents ex parte on 11. 8.75. Respondent Nos. 1 and 2 instituted Miscellaneous Case Nos. 300 and 325 of 1975 r......l No. 142 of 1976 and after a contested hearing the learned Subordinate Judge set aside the order of dismissal for default dated 12.11.79 and restored the appeal to its file and number, subject to payment of a cost of Tk. 400.00 by respondent No. 1 to the plaintiff ‑appellants. 3. ......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
.... Monthly tenant and Licensee. A tenancy from month to month does not mean that it is meant for only one month, but it is a tenancy for an unstated period, which is however, determinable by either party by a notice to quit. Possessory right of a licensee is terminable at any time at the mere will....... 2. Respondents‑ landlords filed Other Suit No.172 of 1976 in the First Court of Munsif, Chittagong for ejectment of their monthly tenant, Sukhendu Bikash Das, on, the ground of default in the payment of rent and also of bona fide requirement of the premises by them. The suit was decreed and ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....ash;For the Appellant. S. R. Pal, Sr. Advocate with Shamsul Haque Chowdhury, Advocate, instructed by Daliluddin Ahmed, Advocate-on-Record—For the Respondent Nos. 1-15. Exparte—Respondent Nos. 16 to 20. Civil Appeal No. 28-D of 1971 (On appeal f......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
.... Lawyers Involved: Mustafa Kamal, Advocate, instructed by S, S. Hoda, Advocate-on-Record—For the Appellant. Ex-parte—Respondents. K. A. Bakir, Attorney-General instructed by B. C. Panday, Advocate-......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....adly be divided inter alia into two heads: (1) the accused committed lurking house trespass by night, and (2) the same was committed with intent to commit theft. There is no dispute that the first part in his case has been fulfilled and the evidence is ample. The concurrent findings of the court......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 74
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....vocate, instructed by Mr. A. Rab-H, Advocate-on-Record. —For the Appellant. M. N. Khandker, Advocate, instructed by A. Rab-I, Advocate-on-Record.-For the Respondent No. 1 Exparte—Respondent Nos. 2-5. Civil Appeal No. 6-D of 1969. (From the Judgment and Decr...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....e rejection of the assessee's accounts and the addition of the loan figures to the income of the assessee for the relevant years and gave the following reasons in support of such an action of the Department. "(i) There is no stock book showing day to day consumption of raw materials for manufa......at the taxable income of the assessee cannot be properly deduced from the account submitted by the assessee. If his accounts which are otherwise unexceptionable, that is to say, if the receipts and payments and other figures as have been entered into the books of account of the assessee are found ......uring different types of containers, etc. and finished products manufactured and sold. Thus the accounts remain unverifiable. Hence the position shown cannot be accepted." 3. On a scrutiny of the loan account disclosed by the assessee in respect of the said assesment year, the Income-tax Off..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....tly or indirectly through or from any business connection or any properties or source in taxable territories. It has been submitted by him that the commission received by the managing company being partly in respect of the services rendered by the said company with regard to the propert......r 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 services rendered has little relevance fo......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
.... 2. The Commissioner, Dacca Division and Chairman, Divisional Management Board, Dacca. 3. M/S. A. T. J. Industries, 158, Tejgaon Industrial Area, Dacca. 4. The Director-General, Industries Department, 58 Dilkusha Commercial Area, Dacca with reference to this Memo No. IPB /2319, dated 31.8.7......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
...., The first of the said rules is that general statutes will prima facie be presumed to use words in their popular sense and the second rule is that if the statute is ore passed with reference to a particular trade, business or transaction, words are used therein which everybody conversant w......ty under Item 15A of the First Schedule of the Central Excise and Salt Act, 1944 and asking the Company to follow Central Excise Rule end Procedure regarding clearance of stockinet’s on payment of duty. The appellant Company appears to have submitted an application to the Secreta......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)
....-emption of certain land purchased on 19-3-66 by respondent No. 2 Rehana Begum. An objection petition against the said application for pre-emption was filed by Rehena Begum but ultimately the parties, namely, the pre-emptor Haji Shariatullah and the pre-emptee Rehena Begum compromised the m...... the order disposing of such objection. In the case of Ramkeshawar Prasad Vs. Babu Girja Prasad A.I.R. 1957 Patna 501, the Patna High Court expressed a similar view and held that an order directing payment of sum of money to a Pleader. Commissioner was no doubt executable by virtue of sec. ......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....me repudiated the tenancy and asserted adverse possession by filing a written objection in H.R. Case No. 273 of 1961. The defendant in his written statement sought to make out a case that after the partition of the country in 1947 he came to Dacca as a refugee and having found the disputed premise...... The plaintiff thereafter filed the House Rent Case No. 273 of 1961 before the House Rent Controller for permission to sue the defendant for ejectment in the Civil Court on the ground of default in payment of rent wherein the defendant filed a written objection repudiating his tenancy in respect......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
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....judgment and decree of a Division Bench of the High Court of East Pakistan, Dacca, in a second appeal. The appeal arises out of a suit for a declaration that the land in dispute formed part of a Wakf estate of which the appellant, Mozaffar Ahmed is the Mutwalli and for khas posse...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 239
....ad his heirs Momena Khatun & others………..Appellants.
Vs.
Haji Md. Ibrahim Meah and others......Respondents
Judgment
November 28, 1975.
Result:
The appeal is allowed in part.
Cases Referred to-
Rani Harshamukhi Kshitndra, 47 C.W.N. 662, Anup Mahto vs. Mita Dusadh...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....ontested for the office of Vice-Chairman or of any of the members disputed the result of the election to any of the said offices, and none of the successful candidates for the said offices was made a party to the said proceeding before the Election Tribunal. 4. The election petition was opposed ......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....Mahmudul Islam, Assistant Attorney-General, instructed by A. W. Mallick, Advocate-on- Record—For the Appellant. S. M. Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 7 of 1973 (From the Judgmen......the company, and if the deposit carries interest, and the interest is not, under the terms of the contract between the employer and the employee at the disposal of employer, order may be made for payment to the judgment-Creditor of the interest as it from time to time falls due". ......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
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