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M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)

....or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76.  ...... to any damages for non-fulfillment of the contract since they suffered no loss on that account. On consideration of evidence the suit was dec­reed by the trial Court for a sum of Rs. 2,350/- with interest on the basis of the market differ­ence which was calculated between the contract price an..

Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240

Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614       ......whereabouts may not be known but if his family members or heirs, as the case may be, are present in Bangladesh on the relevant date his property cannot be treated as abandoned property. Besides, what interest the government has in taking over the properties in question if it be proved that the heirs..

Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7

Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)

.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490.       ......ned. The Company, therefore, could not hold the Annual General Meeting in the year, 1972 on 31.12.73, and since the time of holding the annual general meeting had expired the company did not take any interest in the matter and the injunction was ultimately made a absolute on 21.3.73. 2A. It has..

Category: Corporate Law | Date: 20 May, 1975 | Hits: 2

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

.... far as this appeal is concerned. A.S. Faizul Islam Choudhury J.-I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 628         ......n part. The amount of the compensation as decreed by the trial Court is reduced to a sum of Tk. 18,000/- and the defendant contractor shall pay the proportionate costs of the suit. It appears that no interest has been awarded by the trial Court but the decreetal amount shall carry interest at 6 % fr..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)

....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275     ......tely be applied to all proceedings. We are, therefore, bound to give the word its plain meaning understood in common parlance. Dictionary meaning may give a guide; it means "upon, from or in the interest of one side only." Osborn's Concise Law Dictionary; Whartorn's Law Lexicon and..

Category: Property Law | Date: 11 Apr, 1975 | Hits: 4

Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)

....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411.   ......on. This conclusively shows that the partition was not anything but a paper transaction brought out for certain purpose within the knowledge of the three persons who had effected the partition. It is interesting to see that the other two partners, namely, P.Ws. 3 and 4 did not know anything regardin..

Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3

Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co¬operative Bank Ltd, 1975, 4 CLC (HCD)

.... the satisfaction of the decree passed in Money Suit No. 3 of 1960. A.S. Faizul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 523   ......al assistance, the defendant Bank agreed to advance money from time to time by way of loan on security of stock of timber in the godown of the plaintiff, which is situated at French Road, Dacca at 9% interest per annum. After the terms had been settled the plaintiff signed in good faith contract lie..

Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3

Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)

....tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accor­dingly without any order as to costs. Ed. This Case is also Reported in: ......trial Disputes Rules, 1960, we are of the view that the provision regarding advice to be obtained from the members is not manda­tory. It is recommendatory, in other words, directory. It is in the interest of the party re­presented by the member that the said member should advise the Chairman..

Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134

Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)

....cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......t opportunity Of making a representation against the order: Provided that the authority making any such order may refuse to disclose facts which such authority considers to be against the public interest to disclose. (6) Parliament may by law prescribe the procedure to be followed by an Ad..

Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2

Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)

....to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1.   ......ht is concerned. 5. The 13th and 15th Fundamental Rights of the 1962 Constitution of Pakistan are as follows:- “13. Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of property; “1..

Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8

Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)

.... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244   ......nd 1961 P.L.C. 1097, were cited before us by Mr. Hossain, the learned Advocate for the respondent company to show what is to be considered a factory. These decisions, excepting being of some academic interest were however, of no use to us as we are not required to decide whether the organization in ..

Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2

Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)

....le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ...... the plaintiff’s case was as follows. One Rai Charan Ghose was a tenant under Profulla Kumar Ghose in respect of the suit land which was under mortgage. Rai Charan sold his right, title and interest in the suit land to Sarat Sashi Devi by a registered kabala dated 9-7-28 for a considerati..

Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3

Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)

.... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159     ......p;and 54 of the Transfer of Property Act Section 40 provides: Where, for the mere beneficial enjoyment of his own immoveable properly third persons has, independently, of any interest in the immoveable property, of another or of any easement thereon, a right to restrain the ..

Category: Property Law | Date: 8 Jan, 1973 | Hits: 2

Dinajpur Industries Ltd Vs. M/s. Hardeo Glass, Alu¬minium, Enamel & Sili¬cate Works, 1972, 1 CLC (HCD)

....s. The suit is pending for a long time. It may be disposed of as expeditiously as possible. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ......of Bangladesh by its order No. Ind/XIV/SPC-16/74/227 dated 16-1-76 transferred the liabilities of the firm including all their properties movable and immovable and assets including all its rights and interest accrued or likely to accrue under any contract and money payable to and for the benefit of ..

Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2

Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)

....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ......tations rights, prero­gatives, claims, etc. of the Loobacherra Tea Estate and hands over the posses­sion of all those mentioned before forth­with and relinquishes all the rights, title or interest in those stated above and below for herself, her heirs, exe­cutors, assigns, etc. ..

Category: Property Law | Date: 5 Jul, 1972 | Hits: 0

Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)

....eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136.   ......mmovable Property (Temporary Provisions) Order, 1972 runs as follows : "Whereas it is expedient to make provisions for restricting the transfer of immovable property in Bangladesh in public interest.”The Article 6 of the said Order is to the following effect: "No person sha..

Category: Property Law | Date: 3 May, 1972 | Hits: 4

Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)

....le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......dge in accordance with the provision of sub‑section (1) of section 35 and if such a petition is filed, the provision of section 35 is as follows: "35 (1). The mutwalli or any person claiming any interest in the property in respect of which a notification has been issued under sub‑section (1) ..

Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167

Md. Ilyas Khan, Manager, Khan Bro­thers Ltd., Khulna Vs. 3rd Labor Court, Khulna, East Pakistan & another, 1972, 1 CLC (HCD)

....The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs. Ed. This Case is also Reported in: 24 DLR (1972) (HCD) 250   ......na. The respondent No.2 alleged therein that the order of termination was passed to victimise him for his trade union activities and also to harass him, as he was actively associated in promoting the interest of the workers of his Union. He further pointed out that he was Assistant Secretary of the ..

Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181

Shah Tazul Islam Rumel (Md.) Vs. Bangladesh, Represented By the Secretary Ministry of Home Affairs, 2015, 44 CLC (HCD)

....ith the aforesaid discussions and observations, this Rule is disposed of. However, there will be no order as to cost. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 130 ...... the free movement of the people of the locality as such the petitioner had to come forward before this Court as a representative of the people of the locality and file this writ petition as a public interest litigation. He also submits that using of cap, shoe and umbrella by any person is his perso..

Category: Property Law | Date: | Hits: 0

Kamal Uddin Ahmed, Director, Holy Crescent Hospital Limited Vs. Chairman, National Board of Revenue, 2015, 44 CLC (HCD)

.... No costs. Communicate the judgment to respondents No.3 and 4 at once. J.N. Deb Choudhury J.—I agree. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 91   ......oceeding from the DCT and examine the same under section 120 of the Ordinance and if he considers that any order passed thereon by the DCT is erroneous in so far as it is prejudicial to the interest of the Government revenue, he may invoke his jurisdiction under section 120 of th..

Category: Fiscal/Taxation Law | Date: | Hits: 0