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Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......s further stated by the respondent that most of the members of the appellant association are of foreign origin and as such it looks after the interest of their foreign principals. In pursuance of the decision of this court the respondent issued a show cause notice upon the appellant on August 11, 19..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
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 ...... the holding from Tk. 54,822/- to Tk. 31,920/-. 4. Since the taking over of the business of Burmah Shell, the respondent has been paying the Urban Immovable Property tax on the basis of the said decision of the Assistant Commissioner. By a Memo dated 20th May, 1970, Taxation Officer, Narayangan..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 ......arding the petitioner's application in 1979 for staying further proceedings of O.C. suit No. 5/77, Mr. Nurullah submits that this application was preferred so that, in case a favourable decision of this Court is obtained, the entire question of removal can be agitated before the Court ..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 ......ion that the DIT is a commercial establishment and the respondent No. 2 is a worker within the meaning of the Employment of Labour (Standing 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 Divis..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......tue of the notification of 3rd December, 1965 the transfer even by a will was prohibited, and so the prayer for grant of Letters of Administration could not be sustained and in that view reversed the decision of the trial Court and allowed the appeal and dismissed the suit and the question set out e..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... public interest, Notes appended to the Rules gave indication as to how the order of compulsory retirement was to be exercised. 56. In stating that the Notes were promulgated in exercise of legislative" power and that they were contemporaneously made the Court observed that the functi......ry manner; (iv) discretionary power was not necessarily discriminatory and abuse of discretion was not to be easily assumed where discretion vested in. the government; (v). a long series of decisions of superior Courts in India and Pakistan upheld the discretion of the Government to order ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....er point is that total avoidance of any reference to execution in s.144 which repeals s.583 of the preceeding Code of 1882 wherein specific reference was made to execution, clearly indicates the legislative intent to keep restitution completely seperate from execution. In respect of the last po...... as such restitution is not a part of an execution proceeding, nor is it in the nature of an execution proceeding. In support of this contention Mr. Ahmed has relied upon a number of Indian decisions, particularly the following cases: Parmeshwar Singh Vs. Sitaldin Dube, AIR 1934 All 626(FB..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....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 ......t. As a proposition of law, the submission of Mr. Pal is sound, but from the findings of the two Courts below, we find it difficult to accept the challenge to the soundness of the learned judge's decision. As has been observed that if the first question of the leave order does not stand, the sec..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)
....te employee as such. 7. So far as the rights and obligations of the employees in the service of the republic is concerned, they being the employees of the Government as such are governed by legislative enactments or/and by-laws framed thereunder. On that account such employees in the servi......n, Advocat-For the Respondents. Writ Petition No. 448 of 1978 Judgment Syed Mohammed Husain J.- In the application under Article 102, of the Constitution, the petitioner has challenged decision of the Bangladesh Chemical industries Corporation dismissing the petitioner from the servic..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ...... accepting the case of the Respondents found it a fit case for restraining the appellants and so issued the order of temporary injunction. 3. Leave was granted to consider whether in view of the decision in the case of Kapti Ram Shil Vs. Sumitra Devi (1) and in the case of Mosharaf Hossain Vs. ..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)
....Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60 ......n may judgment it is doubtful whether in any event the provision of section 537, Criminal P.C., could cure the irregularity in this respect." In that judgment reference was made to the decision in the case of Upendra Nath Bhattacharjee Vs. Khitish Chandra Bhattacharjee. (2) In th..Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......s section 85 of the Evidence Act and clause (3) of section 33 of the Registration Act. It is to be observed that the Law of Nations recognises foreign notarial acts. On foreign notarial acts two decisions may be cited which may be of some assistance for our purpose. In the case of A. J. Primros..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... 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 ......s now look into the question of the probative value of the recitals of a document when the question before the Court is whether the document in question is benami or not. On the authority of the decision of the Privy Council in Hakim Moulavi Md. Mahbub Ali Khan Vs. Bharat Indu and others (1) we..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....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 ......has made in para 3 of the petition are vague and general allegations and as such it cannot be considered for exercising the powers conferred in Order 38, rule 5 C.P.C. and in this connection the decision reported in 27 D.L.R. page 256 and 31 D.L.R. page 112 (A.D.) may be referred." Th..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......y Court sub-ordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law apparent on the face of the record in the decision, the High Court Division may make such order in case as it thinks fit. (2) The Distric..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)
....ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......of 1976 under s.66 (1) Judgment Syed Muhammad Husain J. - This is an application at the instance of the Commissioner of taxes, Chittagong Zone under Section 66 of the Income Tax Act for the decision of this Court on the question whether an amount received on account of the termination of a..Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ...... 6. Proviso to sub-section (1) of section 17 of the Small Cause Courts Act is couched in such a language that in the matter of its Interpretation there has been some sharp controversy. In some decisions it has been held that the requirement of making deposit in the Court the amount due from t..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ...... that the jurisdiction of the executing Court to go behind the decree is now well settled and the locus classicus on this point is the case of Gorachand Haider Vs. Prafulla Kumar Roy, a Full Bench decision of the Calcutta High Court-reported in 29 CW.N. 948, which has been uniformly followed sin..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ....... The Court of appeal below as well as learned Judge of the High Court both committed an error in law in allocating the onus of proof in the case. 10. In the result the appeal is allowed and the decision of the High Court and that of the Court of appeal below are set aside and that of the trial..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....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. ......mpediment for the plaintiff to recover the money or, as argued by the learned Advocate for the defendant as to whether the contract was frustrated. The learned Advocate for the defendant has placed a decision reported in 26 D.I.R. (Dacca) 329 (M/S. Begum Mills. Chittagong Vs. Arag Limited. Karachi)...Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1