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Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....eposit and 75% by bank guarantee, but the Impugned Order being at variance with the terms of the contract is an error on the face of the record. The trial Court, however, rejected the review petition holding This Order has been passed consciously and deliberately keeping in mind the convenience and ......umbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; B.R. Bhuiya..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....ective then it would have held otherwise as to the quantum of the share of each individual contractee. The subsequent kabala by the Defendant No. 3 re-enforces the view that each one of them was holding equal share in the property, namely, 1/3rd share. No evidence was laid that the nature of t......enuine but dismissed the suit on the ground that the contract is unenforceable because the defendant 2 was a minor. It was not, proved that the defendant 1, the mother, was a legal guardian. Moreover, the view was taken that the contract is a single and indivisible contract. The suit was, th..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....was retired from active service under the Reorganisation Act, 1920. Mandamus was allowed by the trial Court, but was reversed by the Court of Appeal and this reversal was upheld by the Supreme Court, holding that the action of the President giving effect to the Order of the Secretary of War, was in ...... give different interpretation of a provision, and means, therefore, have to be provided, for the resolution of such conflict. Written Constitution provides a standard by which the legitimacy of the Government's action is to be judged, and it is the function of the Court, which, is endowed with ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....s members. It has been alleged that land acquired for the society will be divided into small plots which will be sold to the allotters after development keeping huge profits. We have no hesitation in holding that if this allegation is true, the requisition and acquisition will fail on this ground al......e Dacca city. They purchased two acres of land in two C.S. Plots, and went ahead with sub-division and allotment of the plots to their shareholders when they received the notice of requisition which covered their purchased land. The requiring body, the petitioner alleges, has been floated by a handf..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....ir services.
2. The petitioners contested the said applications before the Labour Court and filed a written statement contending inter alia that the petitioners had been dismissed lawfully after holding a fair and proper enquiry into allegations against them and that there had been no violation......s single act of neglect would not amount to a misconduct under Employment of Labour (Standing Orders) Act. In terms of the conditions of the survey certificate issued by the Marine Department of the Government these vessels were not to ply at night but in violation of the conditions of certificates ..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
....f passport may be otherwise dealt with but cannot be denied entry in Bangladesh-
The respondent has not brought on record any material on which it could be said that the passport which Towab was holding at the time of his arrival at Tejgaon Airport is not a valid passport. It is not alleged by ......in Ahmed, Advocate, Supreme Court of Bangladesh, 40, Dhanmondi Residential Area, Road No. 4 A, Dacca-9………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....t construction of Section 464 acquitted the accused-respondents. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division was well founded in Law in holding that the accused-respondents were not guilty under Section 467 of the Penal Code. ......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Bengal Water Ways Ltd & Another
....then proceeded to call a general meeting of the Company but at that stage Rahimuddin Ahmed filed Title Suit No. 259 of 1973, in the same Court of the Munsif, and obtained temporary injunction against holding of the meeting with Zohura Khatun. In the course of this litigation, Rahimuddin Ahmed for th......ing on water transport business. After the death of his father in October, 1960, Rahimuddin Ahmed and other heirs of his father entered into an agreement for forming a private limited company to take over the business of the partnership firm and in pursuance of that agreement a company, namely, Pak ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....0th Kartick instead of 30th Bhadra 1374 B. S. in collusion with the deed-writer: and that the consideration money was not tendered within the stipulated time. 3. The trial court decreed the suit holding that the defendant executed the conveyance voluntarily and that the suit was barred by limit...... as a whole in a fair and impartial manner in the ordinary and general sense". In A. G. Maline Vs. the State, 19 D.L.R. 381, it has been held that the last clause of a section in a statute must govern, the earlier clause. In Safiruddin Kazi alias Safiruddia Vs. Moslem Ali Howladar and others 12..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... by the Supplier and what part has not been performed is not also relevant. In this view of the matter, we are of the opinion that the learned Subordinate Judge has taken a correct view of the law in holding that "the defendant No.1 undertook to make an un-conditional payment of Rs. 1, 53, 125.......ondition of the guarantee has been fulfilled and the bank is bound to make the payment without any further question and without reference to the contractor. As to what the purchaser is entitled to recover from the supplier as liquidated damage and /or penalty for the default of the supplier is a que..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....ence of fine is imposed by a Court Martial under this Act, whether the trial as held within Pakistan or not, a copy of such sentence, signed and certified by the President of the court or the officer holding the trial, as the case may be, may be sent to any Magistrate in Pakistan, and such Magistrat......n (Criminal Appellate Jurisdiction) Present: Abdur Rahman Chowdhury J Abdul Matin Khan Chowdhury J Sasanka Sekhar Bose @ Mona Bose....................Appellant Vs. Government of Bangladesh.........................Respondent Judgment May 5, 1981. Res..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....ht in rejecting the applications for adjournment and decreeing the suit exparte. The learned Subordinate Judge rejected the application under Order 9, rule 13 of the Code of Civil Procedure holding that on the date when the learned Senior Advocate was engaged, the petitioner knew that the ......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....s contended separate levy by way of municipal taxes on the annual value of the buildings and lands, the lighting rate and conservancy could be made. The High Court Division repelled the contention by holding that the two taxes, namely, the Urban Immovable tax and the Building tax should not in ......the Dacca Municipal Corporation to comply with the provisions of the Model Tax Schedule, under section 35 of the Municipal Administration Ordinance, 1960. It is admitted by both the parties that the Government had directed by notification that the levy of Municipal Tax and Urban Immoveable..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
....ernment and it does not follow from the plain and simple meaning of the language used in the section that the protection of that section is available to them. We, therefore, see no difficulty in holding that the learned Magistrate Mr. A.W. Sarker and the learned Sub-Divisional Magistrate, Sunam...... by them. They invested a considerable sum of money in the said Fishery, engaged guards, erected Khana Ghar and constructed Ghati Band for catching fish. Accused Tefel Ahmed and Giasuddin gained over the Secretary of the said Samobay Shamity and in collusion with him conspired to dispossess the..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....ior to such taking over, Burmah Shell used to file returns and pay Urban Immovable Property tax. By an assessment Order dated 28.6.64, the Agricultural Income Tax Officer revised the valuation of the holding at Godnail Depot belonging to Burmah Shell for the year 1961-62 and re-fixed the valuation o......es could be applied retrospectively, once the assessment had already been done. 3. The respondent is a company incorporated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the business and market assets of the Burmah Shell Oil Storage and Distributing Company of Paki..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
.... 6. Mr. M. Nurullah, learned Advocate for the petitioner, submits that the learned Additional District Judge acted illegally and with material irregularity in the exercise of his jurisdiction in holding that the appeal is not maintainable and that it is peremature. Mr. Nurullah submits that on ......as illegal and also asked for some consequential relief. 4. The learned Additional District Judge dismissed the petitioner's appeal on the short ground that since the petitioner has not made over charge of the Waqf to the new Mutawalli appointed under sub-section (4) of Section 32 of the Wa..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....ing Orders) Act, 1965 and accordingly granted the prayers. The decision of the Labour Court was challenged by way of writ petition by the DIT. The High Court Division Summarily dismissed the petition holding that the employees of the DIT had come within the definition of worker under the Employment ......nt: “Both capital and labour are found organised therein for purposes commercial in nature. As such the DIT falls within the definition of both commercial and industrial establishments Horeover, when the DIT attracts the definition of an 'industry' as given in Section 2 (XIII..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ax could not even be imposed in a different way or in a way that the Court might think more just and equitable," it would strike down such law if it is discriminatory in its effect. In holding that the impugned provisions of the Travancore-Cochin Land tax Act, 1955 which subjected the......of Mysore, AIR 1965 SC 280; Toro Singh Vs. State of Rajasthan, AIR 1975 SC 1487; Kripa Ram Gupta Vs. R.K. Talwar, AIR 1970 All 296;Neskikar Vs. Union of India; AIR 1972 Mys 71; A.M. Khan Leghory Vs. Government of Pakistan, PLD 1967 Lah 227; Pakistan Vs. Liaquat Ali Khan, PLD 1959 SC 87;Zaibtun Texti..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....i on 29-3-76 at Derai Police Station alleging murder of his daughter Banecha Bibi, GR. Case No. 170 of 1976 under sections 302/34/109 was started against 13 persons. A competent Magistrate after holding an enquiry under Chapter XVIII of the Cr, P.C. committed the accused persons to the Cou......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
....uq Mondal and Md. Nurul Momin Mondal O.P. Nos. 3 and 4 of the Misc. case. Petitioner Abdul Jabbar Mondal, O.P. No 2 Md. Israel Hossain Mondal and O.P. No.3 Dr. Nurul Huq Mondal were co-sharers of the holding. Israil transferred his land to the O.P. No.1 Musammat Nurunnahar Banu, wife of O.P. No.3 Dr...... compensation. 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) 56 ..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
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