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Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
.... be decided on evidence in the suit itself. Reference in this connection may be made to article 107 of the articles of association of the Company which is in the following terms: “107. The business of the Company shall be carried on by the Managing Director, subject to the supervision and...... IA 91; 10 DLR 431;18 DLR 709;1961(1) Chan. Div. 532; AIR 1859 Bom. 202; 1940 (I) Chan. Div. 393; 1889 (40) Chan. Div.; Baillie Vs. Oriental Telephone Co. Ltd. (1915) 1 Chan. Div. 503; Hogg Vs. Cramphorin, 1967 Chan. 254; Fender Vs. Lashington. 1877 (6) Chan. Div. 70; Alhaj Abdur Rahman Bhuiya ......ted 13-2-72 and approved by the general body of the shareholders on 30-6-72. 3. M/S. Alauddin and Taiwa Textile Mills Ltd. (hereinafter referred to as the Company) is a private limited Company incorporated in Bangladesh in collaboration with M/S. Taiwa Company Ltd. of Japan. The Company is more......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
.... submitted that contribution to a Club can not be regarded as allowable expenditure under section 10(2)(xvi), in as much as, this expenditure is not wholly And exclusively for the purpose of the business. In support of his contention Mr. Mozammel Haque Bhuiya, the learned Advocate has submitted......28 DLR at page 98; Commissioner of Income Tax, Chittagong Vs. M/s. National Brokers Ltd., Chittagong in 1977 Bangladesh Tax Decisions page 1. Lawyers Involved: Mozammel Hague Bhuiyan—For Applicant. Rafiqul Haque, T. Islam—For Respondent. Application No.15 of 1975. ......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 .......Respondents Judgment January 27, 1978. Result: Rules are made absolute. Case Referred to- 29 DLR 393 Lawyers Involved: Asrarul Hossain, Khalilur Rahman—For the petitioner (In all the petition). Mozanmmel Hoque, Farmanullah Khan—For the Respon......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......e appearing to support the impugned order of the learned Labour Court has referred to the "Subject" of the said Office Memorandum which, he has argued, includes, employees of all autonomous bodies, corporations and enterprises including the nationalised industries. He has tried to interpre..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....ldquo;All disputes from time to time arising out of this contract shall, unless the parties agree forthwith on a single arbitrator, be referred to the final arbitration of two arbitrators carrying on business in London…” In the bill of lading in the said case it was stated as follo......ini and others.....................Defendants Judgment December 20, 1977. Result: The prayer is refused. Cases Referred To- Annefield's case, 1971 All England Law Reports page 394; Lord Esher M. R. Leduk & Co. Vs. Ward and others (1888) 20 Queen's Bench Divi......ondon. He has further argued that the plaintiff being the consignee of the goods under the bill of lading which was issued under the charter party was also bound by the Arbitration Clause which was incorporated in the bill of lading. He has referred to clause 31 of the charter party dated 25.7.77, a......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
....v or to prejudice the successful conduct of war, including—
(d) advance of money to, or contracts or commercial dealing with the enemy, enemy subjects or persons residing, carrying on business, or being in enemy territory;
* * *
(xxiv) the requisitioning of any pro......atson and Company Vs. Ramchand Dutta and others, LR 17 IA 110: I.L.R. 18 Cal.10.
Lawyers Involved:
B. N. Chowdhhury, Advocate with S.C. Das Advocate, instructed by A Rab-II, Advocate-on- Record-For the Appellants.
Anwarul Huq Chowdhury, Advocate, instructed by B. Hossain, Advocat......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....tioner's case in short is as follows: The petitioner is a company incorporated in Bangladesh under the Companies Act, 1913, having its registered office at Strand Road, Chittagong, and a place of business at 32, Bangabandhu Avenue, Dacca-2. The petitioner took over the business and market assets......r 1, 1977. Result: The application is allowed and the rule Nisi made is absolute. Lawyers Involved: Altaf Hossain with Md. Joynal Abedin, and Mozammel Haque Khan, Advocates—For the Petitioner. QaziShafiuddin, Ass it Advocate general—For Respondent No.1. Peti......mpugning the demand notice. The petitioner, however, paid separate Court fees payable on separate applications. 2. The petitioner's case in short is as follows: The petitioner is a company incorporated in Bangladesh under the Companies Act, 1913, having its registered office at Strand Road,......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
....obtained by the plaintiff in its test purchase. The cash memo and other correspondences filed by the defendant clearly show that the defendant's product is known as "Chand Ghora" in the business community. 16. For some time both the plaintiff and the defendant were under general s......n: 30 DLR (HCD) (1978) 244. ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....f the tenants, it is too much to say on that ground, the counter foils cannot be believed. The counter foils are produced by the landlord and if those counter foils maintained in the normal course of business, bear the names of the tenants but is enough that those receipts prima facie, establish the......, AIR 1944 Lah. 76; S M. Nripjit Ram Vs. Sardar Satinder Singh, AIR 1955 Pun. 190; Dasulal Bhagchand Lal Vs. Narayan Mahadeo AIR 1937 Nag. 105. Lawyers Involved: Sultan Ahmed, D.A.G.—For the Appellant. Abdur Rashid Gazi—For the Respondent. Appeal from Original Order ......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....this Agreement of sub-lease defendant No.1 delivered possession of the suit land to his sub-lessee, defendant No.4 who, in due course constructed a petrol pump station in which defendant No.1 started business of distributing petrol from 1970. But no lease-deed in pursuance of the auction held on 12 ......nt Judgment August 18, 1977. Result: Both the appeals are allowed. Case Referred To- A.I.R. (SC) 1968, 147. Lawyers Involved: Rafiqul Huq with T. Islam—For Appellant (In F.A.No.16 of 1977). Syedlshtiaq Ahmed with Mahmudul Islam—For Appel......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ........Opposite Parties Judgment August 9, 1977. Result: The Rule is discharged. Right of preemption under section 96 of the State Acquisition and Tenancy Act is a statutory right and is to be exercised within the scope of the statute itself. There is no embargo in the ......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ......uch question can be dealt with by the Courts. The right of pre-emption, though it has undergone essential alterations induced either by the force of custom or the express stipulations of co-parcenary bodies of landed proprietors, is not traceable, at least in this province, to any Sources other than..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....114, under which the Court may presume the existence of any fact which he thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business in their relation to the facts of a particular case. The illustration (g) of the said Secti......Dakas Khan Vs. Ghulam Khan Qasim I.L.R. 45 Cal 793 28 C L.J. 441 Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, Mozammel Huq Khan, Advocate, instructed by A. Rab-II, Advocate-on-Record-For the Appellant. Jani Alam, Senior Advocate, instructed by S.M. Huq, Advocate-on-Record-F......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
.... still lying in deposit with the respondents. 3. In addition to the facts stated above, the written statement filed by the appellant showed that the appellant invested a huge amount in the hotel business which he started in the premises, purchased various furniture, articles, utensils, crockeri......t June 21, 1977. Result: The appeal is allowed. Cases Referred to- Jaffar Meher Ali Vs. Budge Jute Mills Co., ILR 33 Calcutta 702; ILR 34 Cal. 289; Chandra Srinivasa Rao Vs. Korrapati Raja Ram Mohon Rao, AIR 1952 Madras 579. Lawyers Involved: T.H. Khan, Senior Advo......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....ses from the judgment and decree of the Dacca High Court passed in P.M.A. No.181 of 1954 on April 27, 1965. 2. The plaintiff-appellant which is a registered partnership firm and carrying on business at Chittagong imported from Karachi 175 bales and 200 bales of cotton yarn both of Camel Br......y Ltd. (1954) 2 QBD 402; Sze Hai Teng Bank Limited Vs. Rambler Cycle Co. Ltd. (1959) 3 All. E.R. 182 (PC). Lawyers Involved: Ahmad Sobhan, Advocate instructed by B.C. Panday, Advocate on-Record—For the Appellant. Md. Hafizullah, Advocate, instructed by Abdur Rab-II, Advocate-on......a similar clause in the bill of lading as above-mentioned was answered in the negative. In arriving at this conclusion the Supreme Court of Pakistan considered. The Hague Rules which have been incorporated in the Schedule to the Carriage of Goods by Sea Act, 1925. As in the present case, there ......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....ate, Sadar, South, Barisal. 2. Facts leading to this rule, in brief, are that the petitioner was the proprietor of a firm named, M/s. Bangladesh Decorators situated in Barisal and carried on the business of supply of tables, chairs, utensils etc. on hire. On 30-1-76 a letter purported to have b..................................Opposite party Judgment April 19, 1977 Result: The Rule is made absolute. Lawyers Involved: Mirza Golam Hafiz with Mr. Md. Abdul Aziz—For the petitioner. No one—For opposite party. Judgment Abdur Rahman Chowdhury ......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....cer of the Special Circle. The appellant filed a return on 20-10-51 for the accounting year ending on 31-3-51 and showed a total income of Rs. 3, 93,767/- Including the income from the jute business which started in and from 1950. The appellant raised an objection under section 5 and ......ndent Judgment April 19, 1977. Result: The appeal is allowed. Case Referred to- Radha Shyam Agarwala (1960) 12 DLR (SC) 25. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, instructed by Abu Backkar, Advocate on Record—For the appellant. A. K M. Moz......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....1/- against the defendant, along with other reliefs. In the suit it was stated, inter alia, that Haji Mohammad Suruj Miah was the owner of the Vessel "M L. Jalamoni" who was carrying on his business of Inland Water transport under the name and style of Pioneer Navigation Company. Plaintiff...... Case Referred To- Bai Vashibai and another Vs. The Scindia Steam Navigation Co. Ltd. A.I R. 1961 Bom. 200 Lawyers Involved: Syed Azizul Huq with Sultan Hoisain Khan, Advocates—For the Appellant, (In Appeal No.12 of 1967 and Respondents (In Appeal No.1 of 1968). Md. Joynal......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
....g a Rule obtained by the appellant on an application under Article 98 of the late Constitution of Pakistan.
2. The appellant a Company incorporated in Pakistan in 1959, took over on 1.1.1961 the business of the two British Companies, viz. River Steam Navigation Company Limited and Indian Genera......tax Officer Nizamabad (1972-76) Supreme Court Tax judgment (Part II) 358: 1972 (86) ITR 141: AIR 1973 (SC) 1010; Mahendra Mills Vs. P. B. Desai, Appellate Assistant Commissioner of Income-tax reported (1972-76) Supreme Court Tax Judgment (Part-I) 322; M/s. Maharana Mills (Private) Ltd, Vs. Inco...... a judgment of a Bench of the Dacca High Court, discharging a Rule obtained by the appellant on an application under Article 98 of the late Constitution of Pakistan.
2. The appellant a Company incorporated in Pakistan in 1959, took over on 1.1.1961 the business of the two British Companies, viz...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....and management of any industrial or commercial concern to any other body. 5. The High Court Division has considered under what circumstances certain property namely the assets and business of a firm can be regarded as abandoned properties within the meaning of Article 2 of Presid......os. (1975) 27 DLR 423; M/s. Helal Jute Press Ltd. (1975) 27 DLR 551; Govt. of Bangladesh vs. Messres A. T. J. Industries Ltd. and others,(1976) 28 DLR 120. Lawyers Involved: K. A. Bakr, Attorney-General with Abdul Wadud Bhuiyan, Assistant Attorney General, instructed by B. Hossain, Advoca......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....ut to the petitioner as Director of IPGMR was without any basis whatsoever. These averments by the Government in their affidavit, have not been challenged. 19. Classification is primarily a business of the legislature or for the statutory authority charged with the duty of framing the term......hosa and others, AIR 1174 SC1; State of Assam and others Vs. Kanak Chandra Dutta, AIR 1967 SC 884. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam and Rokanuddin Mahmud, Advocates-For Petitioner. K.A. Bokr, Attorney General, with M M. Haque, Assistant Attorney General- For Re......oncerned, for the reasons we have already indicated and discussed above. It is pertinent to recall in this connection that notwithstanding the aforesaid Government decision it was clearly incorporated in the appointment letter of the petitioner in 1972 that he would be allowed to cont......petitioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
....e officers serving in the then Province of Bengal in different capacities.
2. The case of the plaintiffs in brief was that it was a registered firm and had been carrying on whole-sale and retail business of cotton goods, woolen goods, silk goods, and hosiery goods etc. in the town of Chittagong......64 (W P) Karachi 290; Alep Shah Fakir Vs. Muhammad Amud Ali Munshi 7 D.L.R. 603; Kumar Pramath Nath Roy Vs. Nawabzada Syed Ali Mirza and others 2 D.L.R. 319; Province of Bengal Vs. Board of Trustees for Improvement of Calcutta AIR 1946 Cal. 416.
Lawyers Involved:
S. C. Das with Zahir Ahem&......ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
......ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
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