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General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....ication under section 25(1)(b) of the Standing Orders Act before the Labour Court, Chittagong on 13.10.77. He prayed for setting aside the order of termination of service dated 17.8.1977 and also for re-instatement with back wages. After hearing the parties, the Labour Court held respondent ......ng of the Court, the proceeding of the court may continue and the decision or award may be given in the absence of such member; and no act, proceeding, decision of the Court shall be invalid or called in question merely on the ground of such absence." 10. Mr. Hossain referre......r three points, namely,— "1. The respondent is not covered by the definition of worker under the Employment of Labour (Standing Orders) Act, 1965 as a Tanker is not an Industrial Establishment under the said Act; 2. Non-consultation of a member had vitiated p...... Appellant. Rokanuddin Mahmood Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 141 of 1980. (From the judgment and order dated July 18, 1980 passed by the High Court Division in Writ petition No. 672 of 1978). ..Category: Labour and Industrial Law | Date: | Hits: 97
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
.... holding a special meeting to enable them to move a motion of no confidence against the Chairman. Among fourteen grounds which were mentioned in the petition, one related to the appointment of his son as Additional secretary of the Union Parishad without consultation with other members of the Pa...... a Chairman, Vice-Chairman or a an elected member of a Zilla Parishad shall not be removed from his office on any ground mentioned in sub-section (1) unless at a special meeting of the parishad called for the purpose in the prescribed manner, a resolution to the effect that he is liable to b......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......r Chowdhury J Shahabuddin Ahmed J Md. Habibur Rahman & ors………………………. Appellants Vs. Hasen Ali Mondal and others…………………... Respondents Judgment ..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
....Badrul Haider Chowdhury, J. 3. Ruhul Islam J.—I have gone through the proposed judgment written by my learned brother Badrul Haider Chowdhury, J. and I find it difficult to agree with some of his reasons and the conclusions for allowing the appeal and setting aside the ......nt. 23. Mr. B. N. Ghoswami himself stated that no one made any complaint during the Poll. He stated that he counted the result by 2-30 P.M. and then he went to office at Menhapara as he was called by nature and there was no latrine in school centre. Distance between Office and polling sta......ast in favour of the respondent. 5. The election petition was contested by the appellant by submitting a written objection denying the allegations made in the election petition. At the trial 3 witnesses were examined by either side in support of their respective case. The Election Tr...... Ahmed J Md. Enayet Ali…………………………...Appellant. Vs. Munsif of First Court at Khulna & Election Tribunal and others....................... Respondents Judgment June 19, 1981. Lawyer..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... inquiry initiated by the learned Sessions Judge is, however, fully covered by the powers and authority conferred on him by section 435 of the Code and the authority for the same need not be sought in any supervisory jurisdiction beyond the provisions of the Code." With this ......he Magistrate obtained his signatures on blank sheet without his consent and concurrence. The Sessions Judge started on the footing of the telegram a suo motu Miscellaneous Case No. 687 of 1978 and called for the records of M.R. Case No. 40 of 1978 in exercise of jurisdiction under section 435 of......w the continuation of proceeding would amount to abuse of the process of Court and for securing ends of justice, such proceeding is liable to be quashed. To hold to the contrary is to put the trial court in teerem thereby undermining the very structure of the administration of Justice for ......l, Maksudur Rahman, Deputy Attorney General, instructed by A.W. Miah, Advocate-on-Record—For the Respondent No. 1. Criminal Appeal No. 25 of 1980. (On appeal from the judgment and order dated 13.12.1979 by the High Court Division in Criminal Revision No. 539 of 1978). ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....vs. Foreign C. (Commission) 1969(1) All ER 208; Ex Rel, French vs. Weeks, 259 US 326; R. vs. Secretary of State for War 1949(1) All ER 242; R. vs. O/C Depot Battalion 1949, All ER 373; Burns vs. Wilson, 97 Lawyers Edition, 1508; Kartar Singh vs. Imperator, AIR 1946 Lah. (FB) 1C3. Lawyers Invol......ill depend on the facts and circumstances of each cases, but then it is not vague as to rob it of ail meanings. Mala fide, must be alleged, and facts constituting mala fide are to be stated, and when called upon by the Court, the party alleging mala fide must establish it by affidavit or otherwise. ......rested in Belgium contrary to Belgium law, and his arrest was not in compliance with the provisions of section 154 of the Army Act. It was also contended that the delay in bringing the applicant to trial was oppressive. It was held that, if a person is arrested abroad and is brought before a court......s also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....t. Eventually, the salt was unloaded from May, 1978 and continued upto 31st July, 1978. Thereafter the plaintiff filed the suit. Plaintiff's case was that the salt which was loaded at Hodeidah was sold out by the ship owner at Dar-e-Salam and other salt was loaded which was brought to Chalna. (......ship owners "liberty... ......to call at any ports in any order, for bunkering or other purpose......all as part of the contract voyage. In order to land two engineers the ship went off the route and called at St. Ives bay. Shortly after resuming her voyage from St. Ives bay and before she had retur......nts, the ship owners, that the plaintiff knew at the time when the goods were shipped, that the vessel was intended to proceed to Dunkirk via Glasgow and in substance agreed to her so proceeding. The trial Court held that there had been a deviation and gave judgement for the plaintiffs. It was con......im J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And Delta International Traders Ltd and others..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....struction conveyed vide A.D.C. (Rev), Khulna's Memo 2248 dated 17-4-691 am to take formal possession of all buildings, structures and shops, etc, within the area of the hat and bazar and also to fix up the rent. You are, requested to hand over the formal possession to the Tdr. con......s lands as hat and bazar which were of no avail. 4. On behalf of Government it was stated that the properties in question were situated within the periphery of the hat and bazar locally called Sultan par bazar. Farther, the plots and structures were acquired by the Government under s......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Deser Ali ………..................................Appellant Vs. Bangladesh and ors……………………………&hell..Category: Property Law | Date: | Hits: 61
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
.... was well founded in law in drawing up the proceedings under section 145 of the Code of Criminal Procedure, when a civil suit is pending between the parties, which could give relief to the persons in possession of the land by an order of injunction. Facts are that a civil suit w...... specific refusal either. In such circumstances, if there is a serious apprehension of breach of peace which is apparent from the record, the exercise of the Magistrate's jurisdiction is called for. We think that the ends of justice would be met, if the Magistrate is directed not to pa...... jurisdiction is called for. We think that the ends of justice would be met, if the Magistrate is directed not to pass any final order regarding possession till the disposal of the suit by the trial court. Let the criminal proceedings proceed, but the final order regarding possession ...... Islam J Badrul Haider Chowdhury J Ranabir Purkayastha @ Bhanu………………………….Appellant Vs. Alekjan Bibi and ors……………………………&hell..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....ion 15-BB of the Income Tax Act is exempt from tax in the hands of the shareholders under same section.” The connected appeals, Civil Appeal Nos. 131 and 132 of 1977 were also heard analogously as the same question of law is involved and are disposed of by this judgm......y;day companies which are not public companies under the Companies Act and where paid up capital and fee reserved do not exceed Rs. 5 lacs. Rules have been framed by the Government called the “Income Tax Exemption of Industrial Undertaking Rules, 1967". 15. What ......ethod of counting for the purpose of sections 10 and 12, Section 15 deals with the exemption in certain cases. Section 15 B deals with the exemption from the tax of newly established industrial undertaking subject to certain conditions. Section 15-BB was introduced in 1959 ...... 172; Nawab Habibullah V. Com. of I. T, Bengal AIR 1943 (PC) 20; Md. Isa V. Com. I. T. C & U, Prov. AIR 1942 (All) 194; I. T. Com Vs. EVH. Miller PLD 1956 (Lah) 45; Hamilton Vs Commissioner, Inland Revenue '6 Tax Cases 221; Cape Brandy Syndicate vs. I.R. (1921) 1KB 54; H. L. Canadian Eagle Oi..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....hy;ssion In foe said properties on the basis of the deeds taken in her name. The plaintiff made an alternative prayer for khas possession if he be found to be out of possession of the properties in soil 3. Plaintiff's case in short is that he married the defendant in 1933 but had no ......gh Court Division. In the absence of proper application of the law of benami the course of justice has been misdirected, and because of this, notwithstanding the concurrent finding of facts it called for examination of the evidence. It has been already mentioned above that the trial Co......decision the defendant preferred an appeal before the High Court at Dacca, raising several questions of law and fact. The learned Judges of the Division Bench, however, affirmed the decision of the trial Court and dismissed the appeal. 7. Leave was granted to examine whether the ques......uddin Ahmed J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....awal of the cases, and sent the case records to the Chief Martial Law Administrator from where the records were again received back by the Tribunal on 22-6-77. The cases remained pending for quite some time and ultimately the Special Tribunal Case No 1 of 1974 was fixed for trial on 12-3-70 and ......le pending in Martial Law courts simply because before the commencement of these Regulations there was neither any Martial Law case pending nor any Martial Law court in existence. These Regulation called ''the Martial Law Regulations, 1975, (Regulations No, 1 of 1975) came info force with effect......th President's Order No. 50 of 1972; Both the cases were received by the Sessions Judge and Ex-Officio Special Tribunal Kushtia from the Court of Special Magistrate where the case were pending for trial on April, 1974, and were numbered as Special Tribunal Case Nos. 1 and 2 of 1974 and the cases...... both the appeals) Md. Moksudor Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record.—For the Respondent (in both the appeals) Criminal Appeal Nos. 19 and 20 of 1980. (From the judgment and order dated December 4,1979 passed by the High ..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
.... brother of respondent No. 1 Rahimuddin Ahmed, and Rahimuddin Ahmed himself were the first directors as well as share holders of the Company. 4. The Memorandum as well as Articles of Association of the company provided for two classes of shares and share-holders ‘A and ‘B......tor of the Company. 6. Further case of respondent No. 1 is that the last Annual General Meeting of the Company was held in December, 1969 and since then no General Meeting of the Company was called and the Managing Director began to run the Company ignoring the law, rules and the Boar......dited nor submitted to the Board of Directors, that all assets and properties of the Company were mortgaged to respondent No. 2. Bangladesh Shilpa Rin Sangstha, successor of the Pakistan Industrial Credit and Investment Corporation (PICIC) the creditor Shilpa Rin Sangstha filed an appl...... Court Appellate Division (Civil) Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others……..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....e respondent No. 2 is a worker within the meaning of the said Act. 3. The point raised is an important question. Though the High Court Division had summarily dismissed the petition yet the reason given in the judgment, on scrutiny, appears to be a circuitous one. To quote from the High Court......ment of Labour (Standing Orders) Act and since DIT is a commercial establishment or industrial establishment within the meaning of the Employment of Labour (Standing Orders) Act, no interference is called for. Leave was granted to consider whether the DIT is a commercial establishment or indus.................... Respondents Judgment January 12, 1981. Result: The appeal is allowed. The Employment of Labour (Standing Orders) Act, 1965 (Act VIII of 1965), Section 25. The Industrial Relations Ordinance, 1969, Section 34. The Dacca Improvement Trust is neither an industrial...... in: 34 DLR (AD) 37. ..Category: Labour and Industrial Law | Date: | Hits: 108
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
.... order of cancellation was vitiated as being malafide were well founded in law in refusing to exercise writ jurisdiction on the ground that it was a contractual breach of term of the lease and so no writ lay. 2. Facts are not long and they may be set out in a few words. The original l......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......cond an attempt to retransfer the land The lessee showed cause on 10. 12. 74 but they were served with an order on 5.2.75 by the authority aforesaid cancelling the lease. 3. Parties went on trial and the main question was whether the Government's action was authorised by law and whether ...... (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Mrs. Husna Mansur and others......................................Appellants Vs. Secretary, Ministry of ..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....ivision in Writ Petition No. 222 of 1973 dated 1st September, 1977. Leave was granted for examining the question as to whether the provisions of the Urban Immovable Property Tax Rules, 1957 and also whether the said Rules could be applied retrospectively, once the assessment had already been don......if the Municipal Rules apply to the holding, the Assessing Officer did not correctly apply the said Rules in this case. It was also respondent's contention that the Oil Reservoir Tank cannot be called a holding, so as to bring it within the operation of the Urban Immovable Property Tax Act, 19......at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......is Case is also Reported in:..Category: Fiscal/Taxation Law | Date: | Hits: 76
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
.... same. The said Committee finally passed an order on 11.12.71 forfeiting 25,000/00 rupees and releasing the amount 46.500/-. After the emergence of Bangladesh Sonali Bank came into existence as successor of National Bank of Pakistan. The respondent approached the Sonali Bank for the release of the a...... but not from the agent. The argument does not appear to be sound rather a fallacy is involved. The Area Committee which is the creation of MLR 81 released the amount. It became a direction on the so-called agent, namely, the bank, and the agent, therefore, is only obliged to pay the amount. There-l......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sonali Bank…………….....................................Appellant Vs. Abdul Mannan and others..............................Respondents Judgment February 24, 1981. Result: ..Category: Banking Law | Date: | Hits: 129
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
....ulations, has, with vehemence, contended, that the petitioner was promoted substantively or in a probationary capacity in the permanent vacancy, and had acted for about 7 years in that capacity and so his reversion amounts to reduction in rank. If we revert to the language employed by the......, 1978 passed by the High Court Division in Writ petition No. 381 of 1975). Judgment: K. Hossain J.- The petitioner is an Assistant Sub-Inspector of Police and he unsuccessfully called in question, the order of his reversion from the position of Officiating Sub-Inspector to th......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. ...... Hossain J Shamsul Alam..........................................................................Petitioner. Vs. Superintendent of Police, Bangladesh Railway and other…………………….Respondents Judgmen..Category: Employment/Service Law | Date: | Hits: 83
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....timisation by the company. During the pendency of his case before the Labour Court in which he raised an industrial dispute, the company initiated two separate proceedings against him on some baseless charges, it is alleged. In the first proceeding, the allegation revealed that he prev......the High Court passed in Writ Petition Nos. 863 and 864 of 1974 on January 7, 1977. In Civil Appeal Nos. 46 and 47 of 1978. Ally Akbar, who is an employee of James Finlay and Co. Ltd. (hereinafter called the company”), is the appellant. The company which is the appellant in Civil Appeal No......n trade union activities. His involvement ultimately led, according to him, to victimisation by the company. During the pendency of his case before the Labour Court in which he raised an industrial dispute, the company initiated two separate proceedings against him on some baseless cha......ate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J K.M.Subhan J Badrul Haider Chowdliury, J. James Finlay and Co. Ltd.................. Appellants (in C.A. Nos. 26 & 27 of 1978) Vs. The ..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....ault succeeded both before the trial Court and on revision by the tenant before the High Court Division. The matter was placed before a learned Single judge of the High Court Division, who on finding some conflicting decisions on the question of default referred it to the Division Bench, which, on c......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. ......were required bonafide for the accommodation of his family. The case of the plaintiff did not succeed on the ground of bonafide use and occupation but his ground for default succeeded both before the trial Court and on revision by the tenant before the High Court Division. The matter was placed befo......vision (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Profulla Kumar Chakraborty.....................................Appellant. Vs. Anil Proshad Chowdhury and others.......................Respondents Judgment February 6, 1980. Case Referred to- ..Category: Tenancy Law | Date: | Hits: 116
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... the East Bengal State Acquisition and Tenancy Act was illegal and void and for injunction. The suit was dismissed. The appeal filed by the Appellants being Title Appeal No. 330 of 1960 was also dismissed. The Appellants thereafter filed a Second Appeal where it was recorded by a Division B......nt) Ordinance, 1956 (E.B. Ordinance No. III of 1956) or of any other law making any amendment in the said Act or of the acquisition of any properly made under any provision thereof is challenged or called in question shall abate, and all orders, including orders of injunction and other inter...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......vision (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Promode Ranjan Saha and others………………………... Appellants. ..Category: Property Law | Date: | Hits: 66
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