Search Options
Judgment Advanced Search
Displaying 861-880 of 3397 results.
Bengal Water Ways Ltd & Another
....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......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 ...... can, if circumstances so permit, be would up on the principles of dissolution of a partnership firm……………….(30) Exclusion of director or deadlock in the management are grounds for dissolution of a company on equitable principles. There cannot be an..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....thrown out. It is not the activity which was performed in the past or immediate past which had been made offence under another special statute, e.g., President's Order No. 8 of 1972. On the other hand by making President's Order No. 8 of 1972 retrospective a person who has aided, abetted, pa......ellip;……………………………….. Respondent Judgment April 30, 1981 Result: Appeal is dismissed Government of Bangladesh (Services Screening) Order, 1972 – Whether Three clauses of Art.......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....t of the Senior Advocate in a premeditated act only to protract the suit to the harassment of the other part is based on surmises and conjectures. Mr. Abdur Rab II, the learned Advocate, on the other hand, submits that the Courts below have found as fact that there was no sufficient ground for the a......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. ......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
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
....d in the complaints have not been committed while acting or purporting to act in the discharge of official duty. 6. Mr. Serajul Hug the learned Advocate for the opposite party, on the other hand, submits that the offences alleged to be committed by the Sub-Inspector of police and the polic...... 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......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
....an order of ad-interim injunction that the petitioner could not make over charge to the opposite party No. 2. Mr. Nurullah submits that since the non-compliance with the statutory requirement of handing over charge was involuntary and was due to the intervention of a Court of law, the lear......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......ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ..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)
.... Industrial Relations Ordinance, 1969--Terms and conditions of such employees are regulated by Town Improvement Act and rules ……….. (13) Lawyers Involved: Amir Hossain Khandker, Advocate, instructed by S.M. Huq, Advocate-on-Record— For the Appellants ......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......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)
....41;Matajoy Dobey Vs. H.C. Mare, AIR 1956 SC 44; Padfield Vs. 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. St......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......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....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. ......company incorporated long-before the independence of Bangladesh in 1960. During the war of liberation the petitioner was away from the country and after the independence he returned to take over the charge of the Factory Administrator since it was treated as abandoned property. During the ......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
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....nd the case to the Court of Sessions as required by section 205C of the Code as amended by the Ordinance. 5. Mr. S.K. Sinha, learned Advocate appearing for Opposite Party No. 2 has, on the other hand, submitted that in the instant case the enquiry under sub-section (2A) of section 202 was alrea......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 ......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
....on with the lessors. The lessee chose to take recourse to the extraordinary power of the government to requisition the property. We are constrained to take the view that there was some amount of high-handedness in making the order of requisition, and the order of requisition is arbitrary T......1948), Section 3
Requisition of property-Section 3 provides the authority to the Deputy Commissioner to requisition certain immovable property for a public purpose. Providing accommodation to a government office is no doubt a public purpose. But to justify such an order a case is to be made out......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
.... 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. ......y 1980. From the aforesaid facts and circumstances of the composition and organisation of the school it clearly appears that this school is not in conformity with the national edcation policy of the Government pursuant to the fundamental principles of the State Policy. This would be clearly evident ......his connection it must, however, be observed that it is not said that such a school like the present one cannot function at all as such. A private school can be established and run under private management by any one unless it is totally prohibited by any law as such. But such a school in order..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....s, clear that approval of the Elections, Commission was neither obtained before holding the poll nor the Election Commission accorded its approval subsequent to the holding thereof. On the other hand, the Election Commission insisted that a day be appointed for fresh poll with its approval and,......ublish the result in the official Gazette; (b) restraining the defendats permanently from holding or arranging to hold a fresh Chairman election in the said Union Parishad under the Local Government (Union Parishad) Ordinance, 1983, Ordinance No.LI of 1983, and the Rules made thereun......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
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....rty shall pass at such subsequent time; (iii) intention is a question of fact and has to be gathered from facts and circumstances of each case; (iv) the mere fact that an f.o.b. contract provides for handing over of bills of lading against payment does not justify a presumption that property is to p......l pass at such subsequent time; (iii) intention is a question of fact and has to be gathered from facts and circumstances of each case; (iv) the mere fact that an f.o.b. contract provides for handing over of bills of lading against payment does not justify a presumption that property is to pass on p......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. ..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....s also Reported in: 1 BLD (AD) (1981) 1 ......f 1962 was declared by the President and Defence of Pakistan Ordinance was promulgated thereunder and under authority of the Ordinance, Defence of Pakistan Rules 1965 were framed. The Governor of the then East Pakistan under delegated authority by order of 20-9-65 made in exercis......ef may be narrated. The Appellant, a partnership firm, challenged the orders and directions declaring its business and properties as enemy property, and prayed for the surrender of its management and control to the appellant firm before the High Court in Writ Petition No. 121 of 1973,..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
.... mala fide and passed in violation of the principles of natural justice.
6. Some background is necessary to understand the position inter se of the Enterprise and the Corporation on the one hand the appellant on the other. Originally, the appellant was employed as Internal Auditor in the T......8.
Judgment
Fazle Munim J.- These two appeals, namely, Civil Appeal Nos. 169 of 1979 and 65 of 1980 involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals.
2. Civil Appeal No.169 of 1979 arises from the judgment and order o...... and Disposal) Order, 1972, (P.O. No. 16 of 1972). There can be no doubt that the vesting of shares of the company in the government under Section 4 of this Order leads to government control over the management and direction of its affairs. Other relevant provisions which went to establish such cont..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
....of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......loyment of Lobour (Standing Orders) Act (VIII of 1965) Sections. 18 (1) 25 (c) Labour domestic enquiry - Jurisdiction of Labour Court— A Labour Court is not a Court of appeal sitting over the finding of domestic enquiry--Nor is the Enquiry Officer/Enquiry Committee is a criminal cou......congenial relationship between the parties--In such a relationship it would be no appropriate case where reinstatement would be allowed. Dismissal--Extenuating circumstance— The management while dismissing the delinquent did not take into account the extenuating circumstances t..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....2 PC 464; Kishore Vs.Yashivantrao, AIR 1957 MB 17; Ahidhar Ghose Vs.The Secretary of State for India-in Council 36 CWN 665;Fazlur Rahman Vs. Sajab Ali, 30 DLR SC 30. Lawyers Involved: M.H, Khandker with Abu Backker Advocates-For the Appellant. M. Golam Rabbani with Ranes Chandra Maitr......urt is used, it does not mean merely the act of the primary Court, or of any intermediate Court of Appeal, but the act of the Court as a whole from the lowest Court which entertains jurisdiction over the matter up to the highest Court which finally disposes of the case." 14. It will b...... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....of the I.R.O.". 84. In I.R.O. Case No. 219 of 1973 the Labour Court arrived at the following findings: "In fact, the charge of misconduct was not proved at all. On the other hand; it is, found from enquiry proceeding that as the Assistant Manager got the attendance regis&sh......ant in Civil Appeals No. 26 and 27 of 1978 is the employer. 3. As the facts involved and the points of law raised in these appeals are common, they were heard analogously and this judgment will govern all the four appeals. 4. The employee who was a senior assistant in the company's est......nation of the services the appellants continued to deal with the said Abul Bashar who was General Secretary of the Employees Union and ultimately a Memorandum of Settlement was concluded between management and the representatives of the Employees' Union, but in the meantime the Employees..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....njoyment of the property belong to the tenant and not to the landlord. The right of ownership as well as the right of which it is composed are rights in rem is transferred to the lessee. On the other hand a "licence" as will appear from its definition in section 52 of the Easemen......cence documents. The defendant was dismissed from the service of the plaintiff in July 1956. As he did not vacate the land, on demand the plaintiff instituted the suit for declaration of title and recovery of possession. The Government was the defendant no. 2 in the suit. 3. The plaintiff also ......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
....of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
...... dismissed. Their explanations were considered unsatisfactory and the appellant dismissed the two respondents from their service. Their further case was that there was no strike on 14.3.76. It was a government holiday on account of Eid-e-Miladunnabi and as such the workers as a mark of respect absta...... a government holiday on account of Eid-e-Miladunnabi and as such the workers as a mark of respect abstained from their duties on that day but in pursuance of an agreement between the workers and the management, the workers compensated the loss of the working day by working extra day on 19.3.76 whic..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
96501496955491969191972093319197917592809172938592211285927992209174927693276932