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Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....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. ......23, 1980. Result: The Appeal is dismissed Sale of Goods Act (III of 1930), Sections 19 & 23 F.O.B. Contract (Free on board contract)– 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 ..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... of a superior Court, unless the superior Court itself is satisfied that by such ouster clause the jurisdiction is ousted because the actions that had been performed are not mala fide or in excess or in coram non judice and in violation of the statute. Next, the other contention of the lea......passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......ansferred, to join in the pre-emption proceedings. This period of two months begins to run from the service of notice of the application for pre-emption. Section 96 clearly point out that a duty has been cast upon that pre-emptor, if he is a co-sharer tenant, to make all the remaining co-s..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... the two laws, in a proper case, it would be within the* jurisdiction of the Labour Court to convert an application as per requirement. It would not be correct to say that the learned Judges acted in excess of their jurisdiction in converting the application. But in the facts and circumstances of th......f Labour (Standing Orders) Act, 1965 (hereinafter referred to as 'the Act'). On merit the High Court found that the Labour Court could not go behind the findings of a domestic enquiry, as its duty was only to see whether the legal requirements prescribed by section 18 of the Act were co..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....tions are made absolute and the respondent No. 2 in each of the cases is directed to reassess the impugned assessments in conformity with the relevant Model Tax Schedule and to refund the tax paid in excess if any, to the petitioner. Having regard to the facts and circumstances of the case we m......ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414. ..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ......ion is directed against an order dated 13.4.78 of the respondent, the Bangladesh Trading Corporation, briefly, the Corporation, removing the petitioner from his service on the ground of negligence of duty which resulted in theft of the employer's property worth Tk. 83,096,00. 2. The Petitio..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
....ondly, that no notice of measurement was served upon the petitioners which was taken in their absence and as such they could not be bound by such measurement; thirdly, that the penalty imposed was in excess of the powers conferred on the Assistant Collector of Customs under Section 182 of ...... and if such deficiency is not accounted for to the satisfaction of the officer-in-charge of the custom-house, the master of such vessel shall be liable to a penalty not exceeding twice the amount of duty chargeable on the missing or deficient goods, if they be dutiable and the duty leviable thereon..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 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 ......ight inhering in the petitioner which has no statutory force is not understood. The argument of the learned Counsel that the petitioner's right was to apply for settlement and it is the statutory duty of the Respondents to deal with this matter in accordance with rules and memorandums is not ten..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
Category: Constitutional Law | Date: 9 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. ......was promoted to Grade VII as Senior administrative Officer at Karachi just before the War of Liberation. After the war of liberation he escaped from Pakistan to Bangladesh on 24.7.72 and reported for duty to the Bangladesh Biman, which after some delay, absorbed him in its service on 12.10.73 with r..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Category: Property Law | Date: 18 Jan, 1979 | Hits: 3
Dhirendra Nath Sarnaker Vs. Bangladesh and orders, 1979, 8 CLC (HCD)
.... authority and is of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 151 ......espondent entered appearance by filing an affidavit in opposition in which they cited a Circular Instruction lamed on 22.7.74 from the Police Directorate to the effect that if any police personnel on duty shows cowardice and surrenders arms to miscreants without offering resistance he shall be summa..Category: Administrative Law, Employment/Service Law | Date: 12 Jan, 1979 | Hits: 1
Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)
....ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ......e stamped with the official mark and should be initialled by the Polling Officer. 10. Mr. Khondker Mahbubuddin Ahmed, the learned Counsel submits with reference to rule 35(4) that it is also the duty of the voter to see that the ballot paper is in conformity with the requirements referred to in..Category: Election Law | Date: 23 Nov, 1978 | Hits: 206
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... 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 ......s business and since then the petitioner has been acting as Chairman and Jahiruddin as Managing Director of the Company. Under the Articles of Association the Managing Director was entrusted with the duty of managing the affairs of the Company subject to control and supervision of the Directors. The..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....ad defected, whereas he was a Dy. Secretary drawing a salary of Rs. 1940/-p.m. at that time, that he did not take any action against one Mr. Abdul Mannan, an officer under him who had drawn salary in excess of what he was entitled to, and that he had imported and then disposed of a car without permi......re A. It shows that the petitioner was Deputy Secretary in the Ministry of Commerce under the Government of Pakistan, and on his joining at Mujibnagar he was appointed to act as an officer on special duty under the Government of People's Republic of Bangladesh in the department of Finance. The n..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)
....is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......qualified for election under Article 9(2)(e) of the Local Government Ordinance, 1976 and on that finding, declared his election void and declared respondent No. 2, the nearest rival candidate; as the duty elected Chairman. Being dissatisfied with this order the petitioner moved this Court and obtain..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....d conditions of service of workers including their wages, allowances, and fringe benefits and prohibits the granting, by any person or authority, of any wages, bonus, allowance etc. "which is in excess of" what is so determined by the Government. This Article, he contends, does not curtail......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. ..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......he absence of any explanation whatever either of the inordinate, delay or any evidence about the custody of those articles during the said period. In order to remove any suspicion it was not only the duty of the prosecution but it was essential for them to explain the inordinate delay between the po..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1