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Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
....st a Banking Company. Section 63(9) of the Ordinance further empowers the High Court to entertain an application under section 63(3) of the Ordinance after the statutory period of limitation, if so thinks fit. The learned Subordinate Judge has suite unnecessarily embarked on a discussion a......e of Civil Procedure in an execution proceeding. 2. We have heard the learned Counsel for the appellant and perused the impugned order. No one has appeared for the respondent when the matter was called on for hearing, although we find the appearance of one learned Advocate for the respondent on......nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
.... September, 1977. 2. Leave was granted for examining the question as to whether the High Court Division correctly interpreted 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...... Municipal Rules apply to the holding, the Assessing Officer did not correctly apply the said Rules in this case. 7. 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 Ta......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
.... the respondent No. 2 is a worker within the meaning of the said Act. 4. 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 circuitious one. To quote from the High Cour......r (Standing Orders) Act and since DIT is a commercial establishment or industrial establishment within the meaning of the meaning of the Employment of Labour (Standing Orders) Act, no interference is called for. 3. Leave was granted to consider whether the DIT is a commercial establishment or i......our 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: 1 BLD (AD) (1981) 462 ..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... Minister of Agriculture, Fisheries and Food, (1968) 1 All E.R. 694; Shymlal Vs. State of U.P. AIR 1954 SC 369; State of Bombay Vs. Saubhagehand M. Doshi, AIR 1957 SC 891; Shiva Charon Vs. Stare of Mysore, AIR 1965 SC 280; Toro Singh Vs. State of Rajasthan, AIR 1975 SC 1487; Kripa Ram Gupta Vs. R.K.......ants and to provide for matters connected therewith; It is hereby enacted as follows:— 1. Short title and commencement. — (i) this Act may be called the Public Servants (Retirement) Act, 1974. (2) It s......wer to the appellants' claim is one of the fundamental matters confounding the Minister's attitude, bona fide though it be. First the adjective nowhere appears in s.19, it is an unauthorised gloss by the Minister. Secondly, even if the section did contain that adjective, I doubt if it would ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....ce of adverse appellate decree. For proper appreciation of this question relevant provisions of law are quoted below: — Section 144, Civil Procedure Code. "S. 144(1) Where and in so far as a decree is varied or reversed, the Court of first instance shall, on the application of a......reversing the judgment or order should provide for this and if it does, execution may issue upon it in the ordinary course. If the order does not so provide, another order may be made, or a writ called a writ of restitution be issued, commanding the judgment creditor to restore the propert......preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....llip;Petitioner Vs. Chairman, Bagladesh Chemical Industries Corporation & another……..Respondents Judgment November 21, 1980 Result: The Rule is made absolute. An employee of a statutory corporation is a State employee An employee of a corpor...... 152(1) of the Constitution are read and considered together. The petitioner being an employee of a corporation set up under the authority of P.O. 27 of 1972 is an employee under the State to be called a State employee as such…....(6) Lawyers Involved: Md. Nurullah with Mahbubu......ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....lip;…… Petitioners Vs. Bangladesh & others……………..Respondents Judgment September 11, 1980. Result: The rule is made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Kairul Huq, Advocates-For the petition......on fees of the school and in terms of the composition of the Managing Committee of the School. In this connection it may be mentioned that the petitioners have made a specific allegation that so called principal of the school who is alleged to be the Secretary thereof gets a salary of Tk. 5000/...... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30. ..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....…………. Opposite parties Judgment August 6, 1980. Result: The application is rejected. Case Referred to- Paia & Co. S.P.A. Vs. Thurmann Neilson, (1952)2 QB 84; Unimarine S.A. Panama through Local Agent Bengal Shipping Line Limited Vs. Bangl......ion of Mr. Faqir Shahabuddin Ahmed that the properties in the letters of credit belongs to defendant No.1 does not stand on a sound footing. In the exercise of revisional jurisdiction we are not called upon to determine a question of fact as to whether or not the property in the relevant letter......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
..............................Petitioner Vs. Md. Serajul Islam & others…………Opposite party Judgment August 1, 1980. Result: The Rule is made absolute Lawyers Involved: Md. Amir Hossain—For the Petitioner. Md. Ruhul Amin&md......ff, it was submitted, resorted to the contrivance of a declaratory suit and thereby sought to avoid section 26 of the Ordinance No.LI of 1983 which says that no election under this Ordinance shall be called in question except by an election petition under sub-section (2) It has been argued that sect......Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267 ..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....and acquisition during jointness of the family. In a case where the question is between two or more brothers of a Hindu-family living jointly having joint property, the initial onus is on the person who alleges jointness to show that there a joint family and there was a nucleus of the joint fam......y property, which was possessed by the brothers jointly, nor was there anything to show that Rajani managed the property on behalf of his brother. It then considered the oral and documentary evidence called by the parties and came to a reverse finding to that of the trial Court. 6. On second ap......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....eed per S.S. "Firdausa" under bills of lading Nos. 129 and 130 dated 6.10.58 and 16.10.58 respectively from Karachi to be delivered to the defendant at Chittagong. As agreed the plaintiff also paid freight and insurance premium for the said consignments on defendant's account and sent ......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. ......s the total cost added to amount spent as per invoices stood at Rs. 1,31,289/14 annas. But the same were resold on defendant's account at Rs. 91,534/10 annas. As a result the plaintiff suffered a loss of Rs. 39,752/5/6 pies as per schedule of the plaint and the plaintiff was entitled to recover ..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....ourt of Bangladesh in Writ Petition No. 121 of 1973) Judgment Kemaluddin Hossain CJ. - The question involved in this appeal as urged by Mr. Pal is a substantial question of law of some public importance; as to whether Ordinance 1 of 1969 was not continued by Laws Continu...... 1965 were framed. The Governor of the then East Pakistan under delegated authority by order of 20-9-65 made in exercise of powers conferred by Rule 181 of the Defence of Pakistan Rules, briefly called the Rules, took over the control and management of the firm along with another firm, and....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....of the enterprise, it was claimed that it became a public enterprise within the meaning of the terms as provided in the Comptroller and Auditor-General (Additional Functions) Amendment Act, 1975 so that its accounts are now audited by the Comptroller and Auditor-General of Bangladesh. It gets a...... a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 19, 1979.
3. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (here......vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
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Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... Case Referred to- Halima Khatun Vs. Bangladesh, 30 DLR (SC) 207; State Vs. Haji Joinal Vs. Abedin, 32 DLR (AD) 110, followed; AsmaJilani Vs. Government of Punjab, PLD 1972 SC 139; State Vs. Dosso. PLD 1958 SC 533; Begum Nusrat Bhutto Vs. Chief of Army Staff & Federation of Pakistan, PLD 1......rported to have been derived from such Proclamation, Martial Law Regulations, Martial Law Orders. (3) Whether the decision of the reviewing authority, namely, the Government of Bangladesh can be called in question under Article 102 of the Constitution despite the Proclamation of 6-4-79." ......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
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....Judgment March 19, 1980. Result: All the appeals are allowed. Case Referred to- Ram Kinkar Vs. Satya Charan, 66IA 50; Macbeth Vs. Chistell, (1910) AC 220; Grev Vs. Pearson, (1857) 6 H.L Case 61. Lawyers Involved: K.A. Bakr, Attorney General, with Abdul Wadud...... of interpretation to construe the word 'transfer' as 'transfer by mortgage'. It was further contended that the learned Judges of the High Court Division were wrong in applying the so called mischief rule as enunciated in Hey don's case to hold that the words out and out sale wit......High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....ellip;…………………………………….Respondent Judgment March 5, 1980 Result: The Rule is made absolute. Case Referred to- Abdul Hadi, Managing Partner, Hadi Brothers Vs. EPWAPDA, W.......This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78 ......e the contract and such action may be followed by appropriate proceeding before the appropriate Court, if at all, for any civil action by way of recovery of damages and compensation on account of any loss incurred due to the breach of any such contract and agreement. In the aforesaid circumstan..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....shy;ties as defendants for permanent injunction restraining them from releasing the film 'Diwana' without the consent and signature of the plaintiff petitioner. The opposite party No.1 is the sole proprietor of M/S Selraj Production. He was faced with financial difficulties as such he accept......e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93. ......on 15-11-77 wherein it is stipulated that opposite party No. 1 shall submit the film to the Film Censor Board with the signature of the petitioner, and he will be a partner of 50% share of profit and loss. It is the case of the petitioner that the opposite party No. 1 cannot submit the picture to th..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....o 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 base-less charges it is alleged. In the first proceeding, the allegation revealed that he preve......High Court passed in Writ Petitions No. 863 and 864 of 1974 on January 7, 1977. In Civil Appeals No. 46 and 47 of 1978, Ally Akbar, who is an employee of James Finlay & Co. Ltd. (hereinafter called "the Company”, is the appellant. The company which is the appellant in Civil Appea...... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....Issac Vs Hotel De Paris Ltd., (1960) 1 All E.R. 348; Crane Vs. Morris, (1955) 3 AH. E.R. 77; Addiscombe Garden Estates Ltd. and another Vs. Crabbe & others, (1957) 3 All E.R. 563; Facchini Vs. Bryson (1952) 1 T.L.R. at P. 1389; Finbow Vs. Ajr Ministry, in (1963) 2 All E.R. 647 AIR 1965 (SC) 610.......ut that agreement must be a formal agreement i.e., it must be executed by both parties to the agreement, and, if required to be registered, it must also be registered. A unilateral document cannot be called in aid to determine a question of this nature. I am of the opinion, therefore, that the appel......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
.... September 10, 1979 Result: The Rules are accordingly disposed of. Case Referred to- General Manager, Southern Railway Vs. Rangachari, AIR 1962 (SC) 36 ; Nagnooor v: State of Mysore, AIR 1964 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Province of Ea......r permanent appointment in 1965 by the erstwhile Government^ of Pakistan as a member of the former Civil Service of Pakistan on the basis of the results of a country wide open competitive examination called the "Central Superior Services Examination". He was promoted to the senior scale of......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
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