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Managing Partner, Messrs, Bank Line Na¬vigation Company Vs. Chairman, Second La-bour Court, Dacca and other, 1981, 10 CLC (HCD)

..... In the facts and circumstances there will be no cost of these Rules. Abdul Wadud Chowdhury J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 55   ......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..

Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....of Towab. It has been stated that Towab's father is dead. It was necessary for Towab to come to Bangladesh for settling the inheritance as to the properties left by his deceased father. It is not disputed that Zamiruddin's wife is a sister of Towab. As such Zamiruddin's wife is entitled ......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 ..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)

....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 ......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. ..

Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0

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     ......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..

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)

....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49   ......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..

Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2

Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)

.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17.       ...... 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...

Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2

Southern Fisheries Ranong Corporation and others Vs. Kingfisheries Industries Ltd. and others, 1981, 10 CLC (HCD)

.... Agent or by the Customs Authorities, is too flimsy a plea to stand, particularly in view of the Categorical assertions by the Agent and the Customs Authorities. Furthermore these assertions were not disputed or denied by the Genera] Manager in his affidavit. The Shipping Agent in his supplementary ......er. Communicate the order to the Court concerned expeditiously. Abdul Matin Khan Chowdhury J.—I agree Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 23   ..

Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2

Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree.   This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......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..

Category: Procedural Law | Date: 5 May, 1981 | Hits: 2

M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)

....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. ......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 ..

Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1

Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

....r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......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 ..

Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

...., 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   ......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..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1

Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)

....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   ......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..

Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0

Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)

....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 ...... 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 ..

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)

....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   ......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 ..

Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0

Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....ed to direct that the said Dr. Nurul Islam shall retire from service with immediate effect." 17. Referring to his ability as a reputed doc­tor and his academic performance which are not disputed by the respondents, the learned Counsel submitted that in such background there cannot be e......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..

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6

Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)

....the suit promises, instituted Title Suit No, 199 of 1966 in the Court of Munsif, Sunamganj against the Custodian of Enemy Property and others on the allegations that they have taken settlement of the disputed premises from Shakti Benode on behalf of three brothers and their mother Snehalata, and got......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151   ..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1

Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)

....it has already been found hereinbefore that there was no unauthorised action on the part of the peti­tioner in opening the Bank Account on the authority of the previous Management which was never disputed or rescinded subsequently by any authority of the Corporation when it took over the Factory......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)

....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   ......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..

Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1

Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)

....ence required to prove benami. The conclusion and finding of the Courts below that the transaction was not benami cannot be sustained. 11. Next, we come to the question of limita­tion. The undisputed legal position is that onus is upon the applicant seeking pre-emption to prove the date of ......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..

Category: Property Law | Date: 26 Aug, 1980 | Hits: 2

Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)

.... substance. The authori­ties referred to above lend support in favour of the contention. In the facts of the instant case it appears that the ownership in the property of the letters of credit is disputed. M. Pal contends that it is not the property of defendant No.1 whereas Mr. Faqir Shahabuddi......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