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Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......ition for winding up before the Court. House of Lords was of the opinion that the company in substance was a partnership and that a partner was excluded from the management of the company and accordingly it allowed the petition for winding up by reversing the judgment of the Court of A...... Vs. Rahimuddin Ahmed and others………………………….Respondents Judgment June 8, 1981. Cases Referred to- Hind Overseas Private Ltd. reported in A. I. R. 1976 (S.C) 565; Lodli Prashad vs. ......ast 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 Board of Directors, for making personal gain out of the business of the Com..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)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......4. Labour Court came to the conclusion that the DIT is a commercial establishment and the respondent No. 2 is a worker within the meaning of the Employment of Labour (Standing Orders) Act, 1965 and accordingly granted the prayers. The decision of the Labour Court was challenged by way of writ peti......f the D.I.T. does not come within the meaning of ‘worker’ as defined under the Standing Orders Act. Therefore remedy under section 34 of the Industrial Relations Ordinance, 1969, is not available to him………………..(10) The respondent being an employee of the D.I.T., his terms and con......, when the DIT attracts the definition of an industry' as given in section 2(XIII) of the I.R.O., the application under section 34 of that Ordinance for enforcement of any right guaranteed under 'any law' to a person who is a worker under the Industrial Relations Ordinance is quite maintainable." ..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)
....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. ......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. ...... Lawyers Involved: Rafique-ul-Huq, Senior Advocate, with T. Islam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Appellants. Abdus Sobhan, Additional Attorney-General, with Motiur Rahman, Asstt. Attorney-General, instructed by A. W. Mallick, Advocate-......ential Area, and the question involved is whether the learned Judges of the High Court Division after finding that the 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 te..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....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:......referred to as the said Rules) and the respondent was asked to' submit return for the omitted portion of the holding—with dimension, date of construction and measurement of capacity. The respondent accordingly submitted the requisite particulars and subsequently being asked for, respondent furnish......astern Ltd. …………………………………………...Respondents Judgment January 22, 1981. Result: The appeal is dismissed. Lawyers Involved Abdus Sobhan Additional Attorney General, Matiur Rahman, Assistant Attorney General with him, instructed by B. Hossain, Advoca......mpetent to file the Writ Petition. 9. The High Court Division after hearing the parties made the Rule absolute and the impugned notice was declared to have been passed illegally and without any lawful authority. The High Court Division, however, held that the Oil Storage Tanks form part of the..Category: Fiscal/Taxation Law | Date: | Hits: 76
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......er by filing a Writ Petition. The High Court Division took the view that the service of the respondent F. H. Chowdhury could not be transferred to M/s. United Planters and Traders Limited and accordingly made the Rule absolute. Leave was granted to consider whether the decision of th......ave is directed against the judgment and order of the High Court Division in Writ Petition No. 400 of 1978. 2. Respondent F. H. Chowdhury challenged the order of transfer of his service to M/S. United Planters and Traders Ltd. His case was that he was appointed as Assistant Manager un......he consents, either expressly or impliedly. Hence the impugned order of transfer was without his consent. Mr. Ishtiaq Ahmed, the learned Counsel appearing for the respondent canvassed that the law has not contemplated any such automatic transfer. In the case of Nokes vs. Don-caster Ama..Category: Employment/Service Law | Date: | Hits: 92
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......ition No. 575 of 1977) Judgment: K. Hossain CJ.—In this appeal Zahirul Huq is the appellant and the matter arises out of writ petition brought by Enamul Huq and another and their prayer was to declare the order of Additional Deputy Commissioner (Rev) Dinajpur dated 5-1-77 directing to hand......er was to declare the order of Additional Deputy Commissioner (Rev) Dinajpur dated 5-1-77 directing to hand over vacant possession of the shop named 'Bornika' to the appellant before us was without lawful authority. 2. The main dispute centred round the question whether Zahirul Huq, tenant of t..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....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: ......rder should be attached to the discharged receipt and kept in safe custody till further orders. 4. Where para 3 applies, the amount forfeited should be surrendered to the State Bank of Pakistan according to the prescribed instructions. A spare copy of this order (enclosed) should be forwarded ......ent Badrul Haider Chowdhury J.—This appeal by special leave is directed against the judgment of the High Court Division in Writ Petition No. 397 of 1978, directing the appellant Sonali Bank to pay the respondent a sum of Tk. 46,500/00 within one month from the receipt of the order. 2. ......ount. It became a direction on the so-called agent, namely, the bank, and the agent, therefore, is only obliged to pay the amount. There-lease order was made on 11-12-71 and the order by operation of law crated a debt. The released amount became a deposit and the bank became a debtor. The High Court..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....eeping in view section 34 It is an accepted rule of equitable interpretation that when the language of a statue admits of two constructions, the one which leads to absurdity or obvious injustice, should not be adopted and instead the construction which appears to be most in accord ......tant in the company's establishment for 20 years claimed that he, being the General Secretary of the Workers Union, was involved in trade union activities. His involvement ultimately led, according to him, to victimisation by the company. During the pendency of his case before the ...... M.S. James Finlay & Co. Ltd. and anr... …………….Respondents (in C.A Nos. 46 & 47 of 1978) Judgment January 9. 1980. Cases Referred to- General Manager, Hotel Inter-Continental Vs. Chairman, Second Lab-P65our C......(hereinafter called the company”), is the appellant. The company which is the appellant in Civil Appeal Nos. 26 and 27 of 1978 is the employer. As the facts involved and the points of law raised in these appeals are common, they were heard analogously and this judgment will govern a..Category: Labour and Industrial Law | Date: | Hits: 91
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... 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. ......the plaint in clear language challenged the general notification whereby Hats and Bazars of the appellants were acquired and so the suit comes within the bar of President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it ha......;…………... Appellants. Vs. Govt. of Bangladesh and another..........................Respondent Judgment July 15, 1980. Case Referred to- People's Republic of Bangladesh Vs. Sri Madan Gopal Jew Bigraha (Civil Appeal No. 46 of......tion dated 2.4.56 issued under section 3(1) of the East Bengal State Acquisition and Tenancy Act, and so it is directly hit by President's Order No. 90 of 1972, which gives a clear mandate of law that notwithstanding anything contained in any other law for the time being in force, on t..Category: Property Law | Date: | Hits: 66
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....;rity list has effected him adversely, inasmuch as he has been regulated from serial position No 15 to the position of serial No. 22 and this was done in violation of the principle of natural justice and without any legal authority. The High Court Division repelled the contention on th......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......rs Involved: Asrarul Hossain, Senior Advocate with Md. Rafiqul Islam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Abdus Sobhan, Additional Attorney-General, instructed by M.R.Khan, Advocate-on-Record —For Respondent No. 1. Shaf......t since the appellants of those appeals were employees of the Biman which had a definite public service in view and therefore has a public character, such employees cannot be treated on the basis of law of master and servant. Thereafter the Bangladesh Biman Corporation Employees Service Regulation,..Category: Employment/Service Law | Date: | Hits: 94
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ...... Judgment February 6, 1991 Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney‑General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civi......cepted this view, and will generally accept the thak map as correct unless older papers prove it to have been incorrect." 9. It is submitted that the High Court Division erred in law in not at all considering the Wazibul Arz, a document of unquestionable authenticity, giving d..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......inistry of Works has been managing the disputed property ever since it became abandoned under the law. The Government decided to sell the disputed property along with other abandoned properties and accordingly called for tender on 2.1.85 through Newspapers. One Syed Altaf Hossain became the high......wyers Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Crimina...... was registered in 1959 and he constructed a building on the land and left it out to tenants. The Ministry of Works has been managing the disputed property ever since it became abandoned under the law. The Government decided to sell the disputed property along with other abandoned properties and..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......dgment in the court on 18th July, 1990 (Wednesday); but I found that my learned brother, probably due to hurry, did not discuss very material and important questions of law and fact raised which, according to me, required to be considered and decided for coming to a proper decision. Since due ...... AY Mashiuzzaman, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on -Record-For the Respondent No. 2. Not represented -Respondent No. 1 Civil Petition for leave to appeal No. 371 of 1990 (From the Judgment and order dated 29.8.1990 passed by the High Cou......brother to dictate his judgment in the court on 18th July, 1990 (Wednesday); but I found that my learned brother, probably due to hurry, did not discuss very material and important questions of law and fact raised which, according to me, required to be considered and decided for coming to a ..Category: Procedural Law | Date: | Hits: 128
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....tions, wills, legacies, gifts, partitions, or any religious usage or institution, the rule of decision shall be— (a) any custom applicable to the parties concerned, which is not contrary to justice, equity or good conscience and has not been by this or anyother enactment altered or aboli......ce Act, 1872 (I of 1872), section 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and that according to that custom he alone was the sole heir of Moulvi Aziz to the exclusion of his female he......3) 104. ......had, by a Will executed on the 4th of June, 1921, gifted away all his properties to him and had given only a maintenance allowance to Mst. Wahudul Khatoon; (4) that Mst Sabhai was not the lawfully wedded wife of Moulvi Abdul Aziz; and (5) that Mst. Qaiser Khatoon was not the l..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......vided for in that section be submitted to the authority by which the person concerned was appointed hereinafter called the appointing authority, and that authority shall pass orders thereon according to law." 9. The Division Bench also rejected the defendant's contention that the cha......legality of such order passed by the appointing authority in view of the concluding words of clause (5) of Article 6 of the Laws (Continuance in Force) Order 1958…………..(20) Cases Referred to: Zafar-ul-Ahsan Vs. Republic of Pakistan, (1960) 12 DLR (SC) 9; Govt. of East Pakistan Vs. Mur......d recommendation is clearly outside the jurisdiction of the Ordinance III of 1959 and the rules framed thereunder". Having emphasised further that the "Governor did not make the order under any other law or proceeding" the Division Bench, held that the impugned order of retirement was in excess of..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
.... evidence that he received Rs. 1, 06,843/00 on different dates and he filed the suit for the balance amount but there is no bill before the Court to justify the claim. 19. We consider for ends of justice that this case should be remanded to the trial Court for giving opportunity to the parties t......r is entitled to payment of a reasonable amount, pending decision of the question whether the Courts should determine the amount of work actually done, and the payment due in respect thereof. We accordingly direct that the Government should deposit a sum of one lac of rupees in Court, to be ...............Respondents Judgment November 30, 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree without producing the relevant documents on the basis of which relief is s......ing in the facts and circumstances of the case and that the learned Judges of the High Court erred in holding that no ground could be pressed to show as to how the decree was hit by any provisions of law and that the learned Judges ought to have held that the decree suffered from inherent legal infi..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......men and other incidental matters shall, subject to the other provisions of this Ordinance, be regulated in accordance with the Standing Orders. The provision of clause 12(1) of the Standing Orders is accordingly one of the conditions of employment of a permanent workman. It is, therefore, eviden......r 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under clause 12(1) of the Standing Order the employer is empowered to terminate the employment of a permanent worker by giving him notice or pay in lieu thereof and wi......accepted on any ground in relation to private employment". 13. Mr. Humayun Kabir Chowdhury, however, contended that the principle laid down in the aforesaid case is no longer applicable as the law relating to the terms of employment of workmen has undergone a change since the judgment in the ..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......anuary 1961 her security deposit would not be subject to any such lien in 1962 and hence the order of the High Court that the deposit be paid into the court in pursuance of an order of attachment was lawful……………(3 and 4) Lawyers Involved: Sharifuddin Pirzada, Senior Advocate (Aziz A..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
.... that the respondents were entitled to protection guaranteed by Article 177 of the 1962 Constitution, and (iii) that, in any event, even if Article 177 did not apply, the principles of natural justice required that they should have been given an opportunity to show cause before their ser......ause against the proposed orders of termination of their services. As, however, no such opportunity was given to them, the learned Judges held the impugned orders to be illegal and made a declaration accordingly. 4. The respondents were in the employment of the Corporation but were not persons in......ere not persons in the “service of the Pakistan”. The terms and conditions of their service were governed by their contracts of employment and as such the law of master and servant was applicable to them. Therefore , the respondents were not entitled to any opportunity to show cause against the ...... the employment of the Corporation, but were not persons in the “service of the Pakistan”. The terms and conditions of their service were governed by their contracts of employment and as such the law of master and servant was applicable to them. Therefore , the respondents were not entitled to a..Category: Employment/Service Law | Date: | Hits: 96
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
.... High Court not to make observation prejudicing the trial in disposing of bail application The Judges of High Courts should refrain from making observations, which may lead to miscarriage of justice, while disposing of bail applications. The observation by the learned Judge of the High Cour......ick' in all cases in which a large body of culprits related inter so are charged with the commission of an offence. Such a course may lead to manifest miscarriage of justice in given cases. We, accordingly, disapprove the observations made by the learned Judge to which the petitioner has tak......s/o Barkhurdar...........................Petitioner Vs. 1. Mohammad Ashraf son of Sad Ali, 2. The State......Respondents Judgement February 18, 1971. High Court not to make observation prejudicing the trial in disposing of bail application The Judges of High Co...... the contention raised by the learned counsel for if the accusation made against the respondent No. 1 be correct, then he and his co-accused had acted in the prosecution of the common object of the unlawful assembly and then each one of them was vicariously responsible for the offence committed by..Category: Criminal Law | Date: | Hits: 60
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