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Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)

....ossain has tried to convey from this decision that when advice of a member "is not mandatory" his presence in the sittings of the Labour Court is also not mandatory. Dr. Zahir, on the other hand, has relied on a decision of this Court reported in 27 DLR 158 in which a similar question aros......s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124.   ..

Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3

Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)

.... decisions reported in 10 DLR 431, 16 DLR 298, AIR 1943 Cal. 361, AIR 1967 SC 436. 7. Mr. Zahir, the learned Advocate appearing on behalf of the defendant-respondents has submitted, on the other hand, relying mainly on the rule enunciated in Foss Vs. Harbottle and has contended that the learned......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..

Category: Company Law | Date: 17 Feb, 1978 | Hits: 8

Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)

.... the fees to the Club is paid for the purpose of entertainment of the officers, which forms no part of the business of the respondent. 4. Mr. Rafiqul Haque, the learned Advocate has on the other hand relied upon a number of decisions of this Court where clause (XVI) of Section 10(2) c......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ..

Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4

Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)

....e facts and circumstances of the instant case. In that case after cancellation of a notification of taking over an undertaking the Government's power to review and stay the proceeding relating to handing over the possession of the undertaking was challenged, Mr. Paul has, however, found the case...... after accepting his' resignation. No wonder the rule making authority did not find it worth while, in its wisdom, to make any rule to provide for such a contingency: Incidentally we may refer to note 4 to rule 42 of the Bangladesh Service Rules Part I. Rule 42 provides for regulation as to the ..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1

Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)

....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ...... adversely by such order, an opportunity of being heard.” 7. Section 135 has used the terms "review" and "revision" as if they are synonymous. In the marginal note the term "review and revision" has been stated, but in the body of the section the te..

Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2

Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)

....ded in the suits. The added defendants in their written statement denied liability and stated, Inter alia, that the Customs authority detained the consignments on 20-4-57 and requested the Railway to hand over goods so that they might be seized. The railway, however, refused delivery on the ground t......onsequent loss to the owner thereof, If because of negligence or Inadvertence or even wrongful act on the part of the employees of the railway administration, goods entrusted for carriage are lost, denoted or deteriorated, the railway administration Is guilty of falling to take the degree of care wh..

Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2

Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)

....on of any issue in the previous suit can never be regarded as operating res judicata when the same issue in such subsequent suit has been raised.” 7. Mr. Serajuddin Ahmed has, on the other hand, relied upon AIR-1929, Lah, 596 AIR-1935, Cal. 641 and CWN (XII)-359 in the first case the ques......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84     ..

Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1

Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)

....of a holding shall be deemed to be the gross annual rental at which the holding may reasonably be expected to let. It is apparent that the Assessing Officer did not follow the procedure. On the other hand he has revised the valuation in the manner as follows: “In determining a reasonable ......ised under rule 10(a) It has been noticed above that rule 10 has been applied for revising the assessment of the holding for all the years excepting the years 1970-71, 1971-72 and 1972-73. It is also noted above that so far as assessments for the years 1963-64 and 1960-70 are concerned the same were..

Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4

Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)

....an Medical Supplies Vs. Farben 21 DLR 945; Mohanlal Harprassad Vs. Firm Lai Mo­han AIR (1961) M.P. 237. Lawyers Involved: S. R. Paul with Khalilur Rahman—For the Appellants. Khandker Mahbubuddin Ahmed with A, K. Maintil Huq—For the Rcfpondtni No. 1. Appeal from Or...... when he makes his purchase; and marks with many differences may yet have an element of similarity which will cause deception, more especially if The goods are in practice asked for by a name which denotes the mark Or the device on it.” 11. Mr. Pal has also referred to the cases "R. ..

Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8

Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)

....8, 1977. Result: The appeal is dismissed Cases Referred to- Labhu Ram Vs. Ram Protap, AIR 1944 Lah. 76; S M. Nripjit Ram Vs. Sardar Satinder Singh, AIR 1955 Pun. 190; Dasulal Bhagchand Lal Vs. Narayan Mahadeo AIR 1937 Nag. 105. Lawyers Involved: Sultan Ahmed, D.A.G.&mda......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349.   ..

Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....him to sign and return those documents on the plea that those papers would be necessary for the purpose of protecting his property. Accordingly, he signed those papers in presence of B.K. Rakshit and handed them over to Mr. Rakshit who in his turn handed over the same to the plaintiff at Dacca. Thes...... he himself was making preparation for leaving Bangladesh. The explanation of the plaintiff that he did not mark the date as "4.6.70" at that time is wholly unacceptable. 13. It may be noted that the plaintiff's letter, Ext. A (1) speaks of only a receipt for Tk. 23,000/-; it does..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)

....bidders also objected to the manner of auction on the ground of inflated income. The respondents asserted that the petitioner did not express his willingness to retire from the lease but on the other hand approached the respondents for time for depositing the security money as he could not procure m......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316.   ..

Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

....n possession of the authority is not sufficient to make a legal charge or to secure the conviction of the detenu by legal proof but yet materials are sufficient to justify his detention. On the other hand, the objective of punitive detention is to punish a person for what he has done. The Indian Sup......beyond the province of the Court to say anything further in the matter. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)131.   ..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

.... order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..

Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113

Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)

....h Court Division (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Mohd. Mazibar Rahman Mia............Pe­titioner-Appellant Vs. Naresh Chandra Guha…………………….Principal-Opposite-party......han Guha took a loan of Rs. 5001/- on 25th March, 1965, Rs. 5000/-on 12th April, 1966 and Rs 6000/- on the 4th January, 1967 from the petitioner and on 4-1-67 he acknowledged the debt granting a hand note and entered into a contract with the petitioner. After failing to recover the amount from the d..

Category: Property Law | Date: 29 Jul, 1977 | Hits: 2

Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)

.... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ......follow the provisions of the T.I. Act, whereas Mr. Abdul Jalil contends that the L.A. Court shall remain a Court and act as such and shall follow the provisions of the Land Acquisition Act. It may be noted that the determination of compensation under both these Acts is an award, but an award made un..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)

.... Government of Bangla­desh and others.......................Respondents Judgment June 29, 1977. Result: The Rules are made absolute. Lawyers Involved: Amir Hossain Khandker, Advocate—For the Petitioner. M.M. Hague, A.A.G. with QuaziShafiuddin A.A.G.&mdas......stain any loss, withheld one periodical inclement as per rule 4 the Government Servant's (Efficiency and Discipline) Rules, 1960 and he was reinstated in his service with immediate effect. It was noted therein that arrear salary for the suspension period will not be admissible to him. The petiti..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)

.... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ......fs were not competent to institute and proceed with the suit on behalf of certain other persons. Similarly non-compliance of the requirement of the statute also vitiated the suit. It is surprising to note that such a vital omission escaped the notice of the Courts below. The learned Munsif did not l..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 2

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....D) (1978) 219.       ......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....ani and Govt. of West Pakistan Vs. Begum A.K. Abdul Karim,(1967)19 DLR (SC) 403; Liversidge Vs. Anderson; Government of West Pakistan Vs. Begum A. Karim, (1969) 21 D.L.R. (S.C.) page 1; Vimblabai Desphande (A.I.R. 1946 P. C. 123);Nakhuda Ali Vs. Jayanton (1951 A.C. 66);Overseas of Poor Vs. London No......t is clear that the Govt. is not empowered to make an order of detention for all kinds or variants of prejudicial acts described in 2(e) of the Emergency Powers Rules, 1975.” Same view was noted in the case of Saleha Begum Vs. Government of Bangladesh, (1977) 29 DLR 59 wherein it was obse..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1