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Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......h Chand Burmecha and others………..Respondents Judgment August 26, 1975. Result: The Appeal fails. Cases Referred to- Hajee Nurul Islam Chowdhury and others Vs. The Patya Tea Company Limited (1968) 20 DLR (Dac.) 54, PLD 1969 Dacca 946; Mt. Tulsha Devi Vs. Shah Chironjeelal a..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......ench of the Madras High Court has very concisely dealt with the point. A creditor wanted to realise his decretal dues against the judgement-debtor who was a railway employee of South Indian Railway Company and had deposited certain money as guarantee for due performance of his duty. T..Category: Civil Law | Date: | Hits: 103
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......ppeals are not covered by the authority of the Supreme Court of Pakistan in United Netherland Navigation Co. Ltd. case. It is true the question involved in that decision was whether a foreign Company can claim allowance of unabsorbed depreciation in terms of s. 10(2) (vi) proviso (b) The Su..Category: Fiscal/Taxation Law | Date: | Hits: 134
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ......c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ......bsp; K. Hossain J: The petitioner is a dismissed employee of Public Jute Mills Ltd. He was an Office Assistant in the Labour Office of the Company. He was charged on two counts and dismissed after holding a domestic enquiry. His peti..Category: Labour and Industrial Law | Date: | Hits: 151
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ......omulgated by the Zonal Martial Law Administrator of East Pakistan. Under this Marital Law Order, the Provincial Government was empowered to appoint an Administrator take over the management of the Company. But the said Order clearly recited that the Company shall continue to be a company under t..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ...... void and the question whether it is so is in the main governed by consideration of convenience and justice. In United Printing vs. Kishori Lal (A.I.R. 1956 Cal. 593), Union of India vs. Allied Trading Co. (A.I.R. 1956 and Punjab 7.) Haji Sattar Vs. Abdul Karim (P. L. D. 1958 Karachi 378) and ......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... Law by L C.B. Gower (1957) at pages 319-323 dealing with the legal nature of shares and also cited a Single Bench decision of the Punjab High Court of the Indian jurisdiction in the case of Punjab Mercantile Bank Ltd. Vs. Sardar Kishan Shing, reported in A.I.R. 1963 Punjab, 230. 8......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......re-holder of a private limited company has locus standi to apply under Order 21, rule 90 of the Code of Civil Procedure for setting aside an auction sale of immovable property belonging to the said Company. 2. Respondent No. 3, a private limited Company, was the owner of Rupkatha Cinema Hall si..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......pany from the plot with its assets and buildings as without lawful authority and of no legal effect, and have directed the restoration of possession of the property to the Respondent-Company. The subject matter is a plot of land No. 158/A-B Tejgaon Industrial Area and a rub..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......s that this application was considered by a different Subordinate Judge, who, being of the view, relying upon the decision of the Supreme Court of Pakistan in the case of the Hanover Fire Insurance Company vs. Mis. Muralidhar Benechand, reported in (1955) 10 D.L.R. (S.C.) 136: P. L. D. 1958 S.C...Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......nbsp; ......Mondal (1960) U DLR 634 ; Debt Prasad Chow-dhary Vs. Gopal Bhagat, ILR 40 Cal. 721 (771); (M's. Amin Jute Mills Ltd. Vs. Bangladesh, (1977) 39 DLR (SC) 85; Powell Vs. Kernpton Park Race Course Company, (1899) A.C. 143; Attorney General Vs. Prince Ernest Augustus, (1957) AC 436; Matangini Gup..Category: Property Law | Date: | Hits: 59
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
.... registered Union is a juristic person and is competent to act in a representative capacity on behalf of its members. 12. Learned Counsel for the appellants has cited the case of Chittagong Mercantile Employees Association Vs. Chairman, Industrial Court East Pakistan, Dacca, (1967) 19 DLR......eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ......pany engaged in carrying passengers and cargoes by steamers, under Article 98 of the then Constitution of Pakistan, 1962. 2. The appellants who were formerly employees of the Respondent Company were retrenched by the Respondent Company in pursuance of an agreement entered into betwee..Category: Labour and Industrial Law | Date: | Hits: 138
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......e new enactment manifests an intention to destroy all matters except what has been specifically alive. In the case under reference the respondents were appointed Liquidators of a corrupt under the Company's Act (Act VII of 1912). They were prosecuted under the said Act of 6-8-1966 for non-submis..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ...... 1966 Dacca 117; Jennings Vs. Kelly 1940 A.C. 206 same case (1939) All. E.R. 464; Vacher and Sons Ltd. Vs. London Society of Compositors 1913 A.C 107; Powell Vs. The Kempton Park Race Course Company Limited (1899) A.C. 143 at page 157; Attorney General vs. Prince Ernest Augustus of Hanover..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....Ltd.; Multan, 18 DLR (SC) 462 = PLD 1966 (SC) 445 ; The Chairman, East Pakistan Industrial Development Corporation and others Vs. Rustom Ali and others, 19 DLR (SC) 186 = PLD 1966 (SC) 848; Eastern Mercantile Bank Ltd. Vs. Mohammad Shamsuddin 21 DLR (SC) 368; Secretary EPIDC Vs. Serajul Haq 22 DLR......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ...... M. Lall 75 Ind. App. 225 = AIR 1948 PC 121; State of Orissa Vs. Dr. (Miss) Binapani Dei, AIR 1967 SC 1269; Dr. Bool Chand Vs. Chancellor, Kuruskhetra University, AIR 1968 SC 292; Tariq Transport Company Vs. Sargodha-Bhera Bus Service 11 DLR (SC) 140=PLD 1958 (SC) Pak 437; Messrs Faridsons L..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......h Vs. State—10 D.L.R. 123; Hari Miah Vs. State—11 D.L.R. (S)C) 368 same case P.L.D. 1959 S.C. (Pak) 307; Ramchandra Datta Vs. Jogesh Chandra Datt (1873) 19 W.R. 353; National Telephone Company Limited Vs. His Majesty's Post Master General, (1913) A.C. 546 (H.L.); Secretary of St..Category: Property Law | Date: | Hits: 135
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ......of judgment and order passed by the High Court Division discharging the Rule in Writ Petition No. 5002 of 1997 against the retirement order issued by Administrative Division of Bapex, a Subsidiary Company of Petro Bangla by Memo dated 15-5-1996 retiring him from service with effect from 20-4-199..Category: Employment/Service Law | Date: | Hits: 71
Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
....e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ......e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ......p; Latifur Rahman CJ.- This petition for leave to appeal by respondent No. 2 petitioner is directed against the judgment and order passed by a Company Court of the High Court Division in Matter No. 34 of 1990 on 31- 1-1995. ..Category: Business or Commercial Law | Date: | Hits: 97
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ......sary action to conduct the company’s affairs in a manner prescribed in the Articles of Association and allow the person who is named in the Articles of Association as Managing Director of the Company to function as Managing Director for his tenure as per articles of the Companies Act, 1994...Category: Business or Commercial Law | Date: | Hits: 95
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
Mustafa Zamil Ahmed Vs. Governor of Bangladesh Bank and others, 2001, 30 CLC (AD)
....it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ......it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ......t Bimalendu Bikash Roy Choudhury J.- The petitioner proprietor of Jeni Money Exchange Company was a licensee as money changer under section 3 of the Foreign Exchange Regulation Act from..Category: Business or Commercial Law | Date: | Hits: 83
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