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Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
..... Now let us refer to certain provisions of the Standing Rules and Orders which incorporate the conditions of services of its shop employees. Clause 21 (A) and 21(B) as also clause 26 of the same are relevant for the purpose of determining the issue between the parties. Clause 21(A) reads as fo......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ......rder passed by Sales Personnel Department, Bata Shoe Company dated 7.7.59 terminating the service of the plaintiff, a shop employee of the Bata Shoe Company was in violation of the provision of the Standing Rules and Orders of Shop Employees of the said Company and further for a mandatory injunction......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
.... written statement Which was subsequently accepted by the province of East Bengal which stepped in the shoes of the Province, of Bengal and it contested the suit. The case of defendant No. 1 which is relevant for our present purpose, inter alia, in brief, was that the Government or any of its office......ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
......DLR (HCD) (1978) 355.
......ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....he difference between the cost of the raw materials then being imported and the cost of the raw materials previously imported. This amount was designated as the price differential. The relevant Public Notices and Import Policy Orders under which they were issued will shortly be set ou......period, the highest rate of landed cost of such goods, (2) For the purpose of determining the highest rate, every importer of specified goods shall furnish at such time such papers, documents of information relating to the import of such goods as the Central Government may ...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ...... be final) at the pre-price check stage and communicated to the importer along with the price cheek certificate. Actual payment of the amount shall, however, be made at the time of retirement of documents to the respective bankers. The bankers shall keep a separate account of this money and dep..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....not maintainable because this Court ceased to be the forum of appeal which was substituted by the Appellate Tribunal. The Division Bench on consideration of the Emended section 30 and other relevant sections of the Special Powers Act 1974 could not agree with the view taken in the said jud......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......ing Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (1911) 2CH. 1; I.T.Commissioner, (1916) 2 KBD 249; Delhi Cloth and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 50 Mad. 857; Ram Singha, ILR 50 All. 965; Uni......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....dent of Pakistan in consequence of the out break of war with India and Pakistan in September 1965 and which continued till 18th February, 1969, the appellants who were residing in Calcutta at the relevant time could be said to be enemies in terms of Defence of Pakistan Rules, and so alien enem......hese vague assertion of fact cannot claim the loss of nationality of the appellants. The High Court has given credence to these vague allegation and has expressed doubt on the genuineness of the papers relating to the nationality of the appellants. We refrain from making any comment on the tru............Appellant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others............Respondents (In both the appeals Judgment ......ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......tan Railway Company, who put it in his desk, and nothing further was done in the way of a formal execution of it. Both parties for some time acted in accordance with the arrangements mentioned in the papers, coals were supplied and payments made as therein stated, and when some complaints of inexact......B. 256; Brogden Vs. Metropolitan Railway Company, 1877 (2) Appeal Cases 666; Muhd. Sagir Bhatti & Sons Vs. Federation of Pakistan, (1968) 10 DLR (SC) 169. Lawyers Involved: M. H. Khandker, Senior Advocate, with B.B. Roy Chowdhury and B.K. Das, Advocates, instructed by S.M. Huq, Ad......eld that the parties agreed to have the dispute settled by an Arbitration proceeding and it was the intention of both the parties. It was found, that the agreement could be inferred from several documents and that it was not necessary that it was to be sighed. They also held that the steps take..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
.... constitution.
In the result, there being no substance in the appeal it is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 72.
......before the High Court. In our view this contention is without any force because the term 'Cellophane' has been used in item 35 of the First Schedule of the Act in a generic sense implying thereby all papers having the quality of Cellophane by whatever trade names they may have been designated. The w......: 28 DLR (AD) (1976) 72.
...... constitution.
In the result, there being no substance in the appeal it is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 72.
..
Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....principle governing damages in case of breach of contract has been authoritatively pronounced by Lord Wrenbury in Jamal Vs. Moola Dawood and Sons, AIR 1915, Privy Council 48-43 Calcutta 493. The relevant passage may be set out: "The question therefore is the general question a......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. ......td……..............Respondent Judgment July 31, 1975. Result: The appeal is dismissed. Cases Referred to- Jamal Vs. Moola Dowood and sons, AIR 1915 P. C. 48: A. V. Joseph Vs. R. Skow Bux, AIR 1918 Privy Council 149; Erroll Mocka......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. ..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
....he made the order of requisition he would not have passed the order. Finally, as has been pointed out by the learned Advocate for the respondents, the order of requisition was made at a time when the relevant papers would show that negotiations were going on between the petitioner and the owners of ......he order of requisition he would not have passed the order. Finally, as has been pointed out by the learned Advocate for the respondents, the order of requisition was made at a time when the relevant papers would show that negotiations were going on between the petitioner and the owners of this prop......July 30, 1975.
Result:
The rule is discharged
Lawyers Involved:
Mirza Golam Hafiz, with Md. Abdul Aziz—For the Petitioner.
M.M. Haque, A.A.G.—For Respondent No. 1 and 2.
Ahmed Subhan with A. Hasib and A.Y. Salehuzsaman—For Respondent Nos. 4 and 6.
......s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....s: (i) Appointment itself of the Pleader Commissioner is illegal, without jurisdiction and arbitrary since appointment of a Pleader Commissioner is not permitted by the Election law or any other relevant law; (ii) The report of the Pleader Commissioner is in excess of the points referred t......to office but Respdt. 2 challenged his election by filing an election petition on certain grounds and made an application to the Tribunal for appointment of a Pleader Commissioner to count the ballot papers. The application was allowed and a Pleader Commissioner was appointed by an order dated 25.3.......isdiction) Present: Shahabuddin Ahmed J S.M. Hussain J Amizuddin Ahmed…………......................Petitioner Vs. Election Tribunal, Narayanganj and others…..........Respondents Judgment July 7, 1975. Result: The Rule ......ing ballot papers at the instance of a party to the election-petition in spite of serious objection by the other party. Under Election Rules, great sanctity is attached to ballot papers and connected documents. As soon as the counting of ballot papers is made by the Presiding Officer the papers are ..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....sp;19 of the Income Tax Act and raise the rate of gross profit to 40 % for the assessment years 1956-57, 1957-58 and 1958-59". 9. A Division Bench after reviewing a number of decisions relevant to the point answered the question in the negative. The learned Judges, held that the rejec...... In the remark only absence of stock analysis has been noted. On the other hand he has mentioned that the purchases are supported by vouchers and cash memos. Similarly the sales are also supported by papers. In addition to these papers the assessee produced his conventional books of accounts, necess......red in the negative. Cases Referred To- Ata Hussain Khan Vs. C.I.T., Dacca (1968) XVIII Taxation, 2; S. Veeriah Reddiar Vs. C.I.T., Travancore-Cochin, Bangalore (1960) 2(III) Taxation 130; Pandit Brothers Vs. C.I. T" Delhi (1954) 26 I. T. R., 159; Commissioner of Income Tax Vs. McMill...... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566 ..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....ion 35 sub-clause (iii) of the Bengal Agricultural and Debtors Act. On revision against it the High Court held that the lower Appellate Court acted without jurisdiction because that was not relevant question for determination under Order 21 rule 19, but the High Court did not interfer...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ......llip;…………………...Opposite party Judgment July 1, 1975 Result: The Rule is discharged. Cases Referred to- Abdur Rahman Miji and ors. Vs. Abdul Wadud Mea and ors, 1952 PLR 2 Dac. 87; AIR 1959 Pat. 121 (Full Bench), Doma Chowd...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
.... to make any order under this rule after re-instatement of the employee. In these circumstances the Authority was justified to hold that the claimant was entitled to the payment of full wages for the relevant period. It was next contended that the respondent's absence during the period in q......e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ..............Opposite parties Pakistan Eastern Railway Administration……………Petitioner Vs. Md. Mafizuddin, Clerk under Chief Superintendent, Watch and Ward, P.E. Railway………………..Opposite party Judgment......e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....e owner of the property is absent— The owner may be absent or his 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…….(3) &n......releasing the said premises as well as the Soap business which they were carrying therein under the name and style M/s. M. Moin and Co. On an enquiry and after scrutinizing all relevant documents and papers, the Sub-Divisional Officer Sadar South, Dacca recommended that both the industry named M/s. ......nbsp; ......dent No.1 for releasing the said premises as well as the Soap business which they were carrying therein under the name and style M/s. M. Moin and Co. On an enquiry and after scrutinizing all relevant documents and papers, the Sub-Divisional Officer Sadar South, Dacca recommended that both the indust..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....tion (3) requiring every company other than a private company sending a copy of balance-sheet to the registered address of every member of the company before the general meeting and the fact that the relevant articles of Association of the Company not laying down such requirement, I am of the opinio...... 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. ......man………………………. Petitioner Judgment May 20, 1975. Result: The appeal is allowed. Section 76, sub-section (3) and section 79, sub-section (3) of the Companies Act, 1913 are not exclusive but supplementary ...... 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. ..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....the Magistrate-in-charge of the polling in that centre who immediately rushed to the centre with B.D.R. personnel and ordered the Presiding Officer to accompany him to Chandanbaisha camp with all the relevant papers connected with the polling at that centre. The Presiding Officer acted accordingly a......cts are that while the polling in Ward No.II of Kamalapur Union Parishad was continuing on 30.12.73, a group of miscreants entered the polling booths Nos.5 & 2 and snatched away 5 books of ballot papers for Chairman, Vice-Chairman and Members. The Presiding Officer was therefore compelled to sto......sent: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents Judgment May 20, 1975. Bangladesh Uni......cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662 ..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
....him by one Omar Ali. He denied the defense suggestion that he has implicated the appellant falsely out of judge. 4. P.W. 6 Md. Sariatullah who was the O.C. of the Chatmohar Police Station at the relevant time has stated that on 14. 4. 73 he recorded the F. G. R. Ext. 2 suo motu and he endorsed ......were present during the search and that they put their signatures on the same have now come to depose that nothing was recovered from the house of the appellant and they put their signatures on blank papers. 10. Thus on an examination of the evidence, facts and circumstances of the case we are ......t Judgment May 2, 1975. Result: The appeal is dismissed. Evidence to Be Excluded Only that part of a witness's evidence to be excluded which is found false and not his whole evidence Law does not require that the entire evidence of such an witness sho......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
....s contention. It has been observed in the said passage that one of the requirements of the doctrine is that it is dependent on the absence of explanation which "merely means that if proof of the relevant facts is put before the Court, then there is no room for inference".
18. The Rule...... 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
......;
...... 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
..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....he same day as the Proclamation of Independence. For the proper appreciation of the real import of this not many worded piece of legislation it will be rewarding if the said Enforcement Order and the relevant portions of the Proclamation are recited here, which are as follows: “Proclamati......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ......5. Lawyers Involved: Moinul Hossain, Mozammel Hoque Khan —For Petitioner (In both the Rules). M. Hafizullah—For Opposite Party (In both Rules). Civil Revision Nos. 628 and 629 of 1973 Judgment D. C. Bhattacharya J. —These two rules raise a certain ques......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....ttach to such a declaration of law made by the Supreme Court of Pakistan or the High Court of Dacca, but by virtue of the above-mentioned provision of the High Court of Bangladesh Order read with the relevant provision of the Constitution, a judgment of the High Court of Dacca has, the same force an......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ...... Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Sundar Ahir and others Vs. Ph......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
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