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Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ......appeal is allowed. Case Referred to- Ram Krisna Dalmia Vs. Justice Tendolkar, AIR 1958 SC 538; Budhan Vs. State of Bihar, AIR 1955 SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chowdhury Vs. Province of East Pakistan, PLD 1957 SC 9;Kunnothat Thathunni MoopilNair Vs...... taken effect on the 23rd day of November, 1973. 2. Definitions. —In this Act. unless there is anything repugnant in the subject or context, (a) "Corporation" means any body corporate constituted or established by or under any law and includes any other body or organisation......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....hority of the then Management of the Factory in question. Even if such assertion of the petitioner is not accepted, the aforesaid alleged unauthorised payments to third persons made in course of business of the Factory by the petitioner at best could be taken as a civil due recoverabl...... J Md. Hazrat Ali……………………………………Petitioner Vs. Chairman, Bagladesh Chemical Industries Corporation & another……..Respondents Judgment November 21, 1980 Res...... him by letter dated 16th February, 1978 by the Acting Chief of Personnel of the Corporation. 2. The petitioner was an office Assistant in Aziz Match Factory, being set-up by a private company incorporated long-before the independence of Bangladesh in 1960. During the war of liberatio......ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... of status had no means of purchasing land worth Tk. 12,000/Honly. The Courts below have not at all considered the evidence of O.P.W.1 Nurunnahar Banu herslelf who has stated that she has no land and business and she had no income. They have also failed to consider the categorical averment of O.P.W....... Ramrup Das and others. AIR 1935 Pat 231; Promode Kumar Ray and others Vs. Kali Mohan Saha Pramanik and others; 27 CWN 303. Lawyers Involved: B.N. Chowdhury with Kazi Ebadul Haq, Advocates-For the Petitioners. Md. Golam Rabbani with Ranesh Chandra Maitra, Advocates-For the Opposite Pa...... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56 ...... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56 ..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)
....ource, excluding anything in the nature of a mere windfall. In the aforesaid case the question whether compensation received for cessation of agency could be construed as a profit or gain in the business meaning thereby an income as such. Their Lordships of the Privy Council held that such......n having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ..Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....ion of oral and documentary evidence held that the brothers on the death of their father were joint in mess. Their father left property which remained joint, and in that state the brothers carried on business and acquired property. Rajani being the elder brother was the Karta and had the accounts of......is on One Who Asserts It— Burden shifts onto other side on proof of nucleus of joint family and acquisition during jointness of the family. In a case where the question is between two or more brothers of a Hindu-family living jointly having joint property, the initial onus is on the ......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....ritten by H.R. Choudhury and Zakir Hossain on the letter-pad of the defendant-firm and with seals of that firm. He has categorically asserted that at the relevant time Zakir Hossain was doing all the business of the mill. In cross-examination it has come out that he used to reside at the house of th......; F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payment for the goods become due……….(6) Propert......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....ntion of Mr. Pal who appears for the Appellant M/S. Dulichand Omraolal, facts in brief may be narrated. The Appellant, a partnership firm, challenged the orders and directions declaring its business and properties as enemy property, and prayed for the surrender of its management and c......Bangladesh Enemy Property Management Board Vs. Md. Abdul Majid DLR (AD) 52, Lawyers Involved: R. Pal, Sr. Advocate, with S. C. Das, Advocate, instructed by Aminul Huq, Advocate-on- Record—For the Appellant. Abdus Sobhan. Addt. Attorney-General, instructed by M R. Khan....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
......nery Ltd. & Others…………….Respondents
Judgment
June 12, 1980.
Result:
The appeal is dismissed.
Lawyers Involved:
Rafique-ul-Huq, Senior Advocate, instructed by A. Backkar, Advocate-on-Record-For appellant (In C.A. 169 of 1979).
...... Tk. 1500-100-2700, it was claimed that he was directly under the administrative control of the Corporation.
8. Titas Gas Transmission and Distribution Company Ltd., which was incorporated in 1964 under the Companies Act, 1913, subsequently passed through different processes ch......laying it before Parliameat."
29. Reference was also made to the provisions of Act No. XXXII of 1975 which provide for the re-organisation of the services of the Republic and of public bodies and nationalised enterprise and for prescribed unified grades and scales of pay and other ter..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....1978 and the letter dated 29th September, 1978 issued by respondent No. 2 has not only caused serious prejudice to the petitioners right to their livelihood but also debarred them from doing any business with the respondent No. 2 in future This evidently has constituted a penal action, on the p......dent Judgment March 5, 1980 Result: The Rule is made absolute. Case Referred to- Abdul Hadi, Managing Partner, Hadi Brothers Vs. EPWAPDA, W.P. No 448 of 1968 (un-reported); Joseph Vilangandoa Vs. Executive Engineer (PWD), AIR 1978 SC 930. Lawyers Involved: ......This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78 ......made on behalf of the Director General of Defence Purchase in the Ministry of Defence of the Government of Bangladesh with notice to all concerned Ministries, Divisions, Directorates, autonomous bodies, Corporations and other Government and semi-Government statutory organisations numbering..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......ip;……..Petitioner Vs. Govt. of Bangladesh……………….. Petitioner Judgment September 10, 1979 Result: The Rules are accordingly disposed of. Case Referred to- General Manager, Southern Railway Vs. Rangachari, ......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....a Sil Road and 13, Hara Mohan-Street to her in lieu of her dower by executing a deed. She stated in cross-examination that her husband dealt in paper and stationery articles and some times in hosiery business. There were queries with respect to the chairs, table and other household articles of the d......red document shall not apply to gifts of immovable property by a Muslim. A valid gift of immovable property with building and structures inter vivos can be made under the Muslim Law by oral gift. According to Mslim Law an oral gift is complete as soon as the declaration of gifts ...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)
....ry duties conferred upon the public functionaries. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ......e Referred to- Queen Vs. Guardians of the Lewisham Union, (1897) 1 Q.B 498. Lawyers Involved: S.R. Pal, Sr. Advocate, with Md. Hannan, Advocate, instructed by M.R. Khan, Advocate-on-Record-For the Petitioner. M.H. Khandker Sr. Advocate, instructed by B.C. Panday. Advocate-on-Rec....... 3. Mr. S.R. Pal, the learned Counsel appearing for the petitioner canvassed that these rules read along with the Memorandums have created rights and liabilities and the rules have been incorporate in the Government Estate Manual, 1958, as ......he Lewisham Union, (1897) 1 Q.B 498 it was observed: "This Court would be far exceeding its proper functions if it were to assume jurisdiction to enforce the performance by public bodies of all their statutory duties without requiring clear evidence that the person who sough..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ...... 19, 1979. Result: The rules in Writ petitions Nos. 479 and 538 of 1978 are made absolute Orders of termination are dismissed. Cases Referred to- Bangladesh Small Industries Corporation, Vs. Mahbub Hossain Chowdhury reported in 29 D.L.R. (A.D.) 41; 13 DLR (S.C.) 100; 16 D.L.......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....ditor of the Company. 2. Case of the Petitioner appellant is that he, his elder brother Alauddin Ahmed and his late father Shamsuddin Ahmed had a partnership firm for carrying on Water Transport business. After the death of his father in October, I960 the appellant and other heirs of his father......#39;, (1968)20 D.L.R. 133; Punjab Ali Vs. Muharram Hosain (1977) 29 D.L.R, S.C. 185; C. Cooper and Sons, (1937)2. All ER. 466; (1966) (1) All, ER, 145. Ch. Div.; Focus Advertising Private Ltd. Vs. Ahoora Blocks Private Ltd. Company Cases, 1975, 534; 1965(2) All. ER 761(1961) 439; AIR (1971) SC 26,00......entered into an Agreement for forming a private limited Company to take over the business of the partnership firm and in pursuance of this Agreement this Company, Pak Water Ways Ltd. was formed and incorporated under the Companies Act on 30th January, 1961. Alauddin, elder brother and Jahiruddin, yo...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....gainst the petitioners is a false and concocted one instituted only to put pressure upon the petitioners for realization of the money advanced. He further submitted that the petitioners are bona fide businessmen end the transaction between the parties was a contract for sale, for which the remedy li......esult: The Rule is made absolute. Case Referred To- AIR 1951 Calcutta 206 and 13 Cr.L.J. (F.B.) 1988 Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan with Rabia Bhuiyan—For the Petitioners. S.M. Huq—For the Complainant Opposite Party. Akbor Ali—For...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ...... Vs. Din Mohammad & others.....................Respondents Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Petitioner. Zamiruddin Sarker and Mozammel Hoque—For the......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......, and the other is that the Government of Bangladesh, by an order dated 27-3-72, cancelled all promotions, increments and allowances given after the 16th December, 1971 to employees of all autonomous bodies, nationalized enterprises and banks under administrative control of the Government. The learn..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
....paragraphs of the petition that the opposite parties filed an application under Order 1, rule, 10 of the Code of Civil Procedure, stating, inter alia, that they had been occupying and conducting business in the suit premises under Enemy Property Authorities (opposite parties No.1-3) as annual l......Board……....Opposite Parties
Judgment
April 14, 1978.
Result:
The rule is made absolute
Lawyers Involved:
B.N. Chowdhury, with Kazi Ebadul Huq— For the Petitioner.
Md. Yahya—For the Opp. Parties.
Civil Revision Case No.103 of 197......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
.... one was described as a sister concern of the other. Similarly, the statement that income of one was added to the income of the other also shows that though these two firms were carrying on different business, but the profit from both the businesses would go to the same partners who are liable to fa......978. Result: The rules are made absolute by allowing applications. Inter-connection and inter-dependence of the two firms- The incomes of the two firms should be tagged together for the purpose of assessment. While two firms are closely interlinked in that the capital of th......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......ision (Special Original Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, University of Dacca and others....................Respondents Judgment April 13, ......e rights of an individual, provided there is no more appropriate remedy. This Court has always refused to issue a mandumus if there is one of the reasons, no doubt, why, where there is a visitor of a corporate body, the Court will not interfere in a matter within the province of the visitor, and esp...... no doubt, why, where there is a visitor of a corporate body, the Court will not interfere in a matter within the province of the visitor, and especially this is so in matters relating to educational bodies such as colleges.” 12. This decision was followed subsequently by the Court of App..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......ion)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.………………......e called "The Bangladesh Council of Scientific and Industrial Research" by a notification in the official gazette. Further it provides that the said Council when established shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of thi......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
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