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Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......he defendant-appellant No. 2 reverting the plaintiff to the post of Assistant Secretary from that of the Deputy Secretary of the Bangladesh Sericulture Board, Rajshahi was illegal, void and without jurisdiction and he was still the Deputy Secretary of the said Board. The plaintiff prayed for an or..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....dated 4th August, 1950 and allowed the moratorium in terms of the Scheme of Arrangement, but the bank still failed to improve its position and could not implement the Scheme. Its banking business was totally stopped under an order of the State Bank. The Scheme of Arrangement expired on 6th June, 1......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......laintiff was not in possession since his alleged kabala in 1956; the clear legal inference is that the suit was barred by limitation. The learned Judge of the High Court Division plainly exceeded his jurisdiction under section 100 C.P.C. and unnecessarily interfered with the decision of the lower ap..Category: Property Law | Date: | Hits: 46
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....ort landing and the conduct of the plain tiff as appeared from its witnesses relate to the short delivery of 3337 bags of cement. Facts involved in the case, as already seen, are short. Out of the total quantity of cement imported 79025 bags of cement were allotted to the plaintiff-Railway ......ontested the suit. They contended that the suit was not maintainable in the present form inasmuch as the carrier who is the necessary party being omitted the claim could not be adjudicated in their absence. Defendant No. 4 contended that this being a case of short landing the port has no liabili......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..Category: Civil Law | Date: | Hits: 89
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......t Division under section 411 of the Code of Criminal Procedure………………………..(10 & 11) When the Labour Court exercise its jurisdiction for trial of offences under the Labour law, it does so as a Magistrate of the 1st Clas..Category: Labour and Industrial Law | Date: | Hits: 98
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......on 28 (2) makes it clear that a provision can be inserted in arbitration agreement empowering the arbitrators to enlarge the time for making the award with the consent of the parties. Even if absence of any such express provision, consent may be implied from their conduct……&he......erstood that mere consent of the parties cannot override the express provisions of a statute which is mandatory in nature in the same manner as no court can by consent of the parties, assume jurisdiction which is not otherwise vested in it by law." 9. It was furth..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ...... essence of the contract. Appeal preferred, by the defendants against the judgment and decree of the trial court was dismissed by the High Court Division on 23 March 1982. It was held that in the absence of any contract to the contrary defendants had the responsibility to obtain the required cer......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....e provisions of President's Order No. 16 of 1972. He took over the entire stock of jute available in the aforesaid godowns of the appellant's company. As the appellant company did not repay the loan, total dues of the Bank in cash credit account and overdraft account stood at Tk. 3,49,14,738.70 on N......inistrator and the subsequent transfer of the company's assets and liabilities to the Jute Corporation and Jute Marketing Corporation successively, submitted that the suit was not maintainable in the absence of either the Government or the Jute Marketing Corporation who, as it appears, were not impl...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ...... the company continued as before which is that of master and servant, for which no action for declaration or illegality of the order of dismissal from service in a Civil Court or in the Writ jurisdiction of the High Court Division could be brought. The remedy in a proper case is one for d..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....2(a). The material portions are reproduced as under: "1. Mrs. Young Chung Ching agrees to withdrew and handover her share of the assets and business of China Cafe to Mr. Liu Tet-Ping at an agreed total value of Rs. 20,000/- Payable to Mrs. Young Chung Ching. 2. A sum of Rs. 4,000/- in cash m...... on profit share basis in business. The agreement is Ext. B which is as under: "We the undersigned workers of M/s. Cafe China, 75 Dilkusha Commercial Area, Dhaka do hereby agree and abide that in absence of Proprietor Mr. L.Y. Fing is going to Karachi for treatment, we will run the restaurant as...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....could claim them as his income, and, if it is not an income of the assesee, then section 15C has no manner of application. Since it is not the income of the assesee and nor a part of his total income and nor it was invested by him, the question of rebate or exemption from tax hardly a......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....arty, if special circumstances of the case outweigh such consideration. In exercising this power, the Court would no doubt, be reluctant to allow such an amendment, which would have the effect of totally altering nature of the suit, or take sway a valuable right accrued by lapse of time, but whe......ts 3 and 4 and respondent 1 was taken in as working partner of Rupchhaya Cinema Hall and respondent 1 had no share in Mahabir Cinema Company or its properties. (d) Taking advantage of temporary absence of the appellant, respondent 1 managed to create some false, forged and fabricated documents......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....i will bear the registration cost. The second party Rostom Ali after keeping 1 Bigha and 2 kathas of land from 7 Bighas of land which he registered from Hazi Mohon and Abdul Huq, will register the total amount of land to Sahajuddin. Sahajuddin will bear the registration cost. It is mentio...... plaintiffs have not examined any witness to give evidence that the consideration of the disputed kabalas was the compounding of a non- compoundable case". 20. In the absence of such evidence it does not appear clearly as to how the appellate Court below and the Hi......rom time immemorial. In the Conciliation Court Ordinance, 1961, section 3 provides for the certain offences referable to the Conciliation Court and ''no Civil or Criminal Court shall have jurisdiction to try any such case and even cases falling under Part II of the Schedule may be so re..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
.... to be her father and whether she was born of that wedlock during the subsistence of this marriage. The question of paternity which is the subject matter of section 112 of the Evidence Act is totally irrelevant in this case, the learned Advocate further contends. The learned Advoc......he onus had not been discharged that Gouri Dasi died intestate without leaving any heir. Chanakaya laid down in Arthasastra that the estate of woman of the class taken by the King of escheat in the absence of heirs should be given away by him in Charity; but the estate should not reach the hands ......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..Category: Property Law | Date: | Hits: 112
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......arat Kumar Kanungoe………....................... Respondent Judgment March 5, 1984. The Transfer of Property Act, 1882 (IV of 1882), Section 53A. In absence of any written contract no relief under section 53 A of the Transfer of the Property Act ca......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....er, noticed the challenge that was giver to the receiver's action as being unauthorized and without approval of the Court. The Court took the view that the Sheristadar had checked the account and a total sum of Tk. 43,34,011/02 was recommended for passing but the Court disallowed the expend......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......d manages the property through other persons to whom the beneficiaries have no approach. The Administrator has found that the appellant remains away from the waqf-estate most of the time, but this absence has not been considered to be a disqualification for continuing in the management with......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....ment November 9, 1983. Result: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit premises after t......dul Hannan, learned Advocate for the appellants, does not dispute the finding of the learned Single Judge that the appellants were not entitled to claim the rent accruing prior to the transfer in the absence of any assignment of the rent by the transferor, landlady. But he contends that the order of......owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ..Category: Tenancy Law | Date: | Hits: 166
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......loyment of Labour (S.O) Act, 1965 (8 of 1965) Section 25 The Industrial Relations Ordinance, 1969 (23 of 1969) Section 35 Interpretation of Statute When the law has conferred jurisdiction expressly, no amount of consent by the parties invests a Court with jurisdiction which..Category: Labour and Industrial Law | Date: | Hits: 115
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....lay in discharging the cargo. Defendant-respondent No. 2 deposited in the plaintiff-appellant's account in Holland U.S. dollar 149,986.14 only instead of U.S. dollar 200,472. 80 being the total amount of freight leaving a balance of U.S. dollar 50,576,60. In spite of several reminders a......e which was summarily rejected by the learned Judges of the High Court Division. 4. Being aggrieved plaintiff-appellant moved this Court and obtained leave to consider whether in the absence of any express provisions for making counter-claim in the Code of Civil Procedure whic......f money the defendant claims to set-off against the plaintiff's demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same character as they fill sin the plaintiff..Category: Civil Law | Date: | Hits: 95
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