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Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)

....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......n respect of the schedule properties it carne to the conclusion that Mali Miah was a clerk in a Madrassa at Rangoon. All the four brothers used to run a hotel at Rangoon by turn. Mali Miah had no business of his own at Rangoon. There is no satisfactory explanation on record as to why the consid..

Category: Property Law | Date: | Hits: 28

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......isputed property was one Mrs. Jahanara Begum who was the Proprietor‑ of Khohinoor Corporation. The appellant who is a full brother of the said Mrs. Jahanara Begum himself used to conduct the business there. Mrs. Jahanara Begum offered Tk. 15, 00,000.00 for the disputed property but her ten..

Category: Criminal Law | Date: | Hits: 57

Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)

....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ...... control, supervision, regulation and co-ordination over all the industrial enterprises under it. In other words, the functions of a Corporation to su­pervise, control and co-ordinate the activities/business and affairs of an industrial enterprise do not include the power to transfer an employee of..

Category: Employment/Service Law | Date: | Hits: 143

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in con­nection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......op of P.W.8 Nirmal Kumar Sur alias Adhar Sur. Close to Nirmal's shop to the south was the grocery shop of Munshi Efaz Hossain alias Efaz, full brother of (P.W.2) Mominul Huq. Efaz was doing his usual business in the shop with a hurricane burning and his nephew Nawsher Ali (P.W.1) was with him. Prose..

Category: Criminal Law | Date: | Hits: 61

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......nel of Chairman in order of preference." 23. Chapter III deals with election disputes, chapter IV deals with the functions of Paurashavas, Chapter-V deals with the executive power and con­duct of business and chapter-VI deals with the Paurashava services. The part-Ill deals with financial matter..

Category: Election Law | Date: | Hits: 118

Government of Bangla­desh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......imes when it was passed (1942) 315 U.S. 262(L). 32. P.O. 16 was promulgated on 28.2.72 immediately after emergence of Bangladesh as an inde­pendent nation. Hundreds of West Pakistani industri­al/business entrepreneurs had left the country. Mills, factories, establishments etc., had been abandon..

Category: Immigration and Citizenship Law | Date: | Hits: 214

Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)

.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..

Category: Labour and Industrial Law | Date: | Hits: 122

Jamal and others Vs. The State, 1987, 16 CLC (AD)

....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. .......W.1), Mahatab (P.W.2), Mobarak (P.W.4) and deceased Jamshed (who was a tadbirkar for Sohrab) came to the criminal court at Rajshahi town on 29th Falgun 1374 B.S.(i.e. 13.3.68). After finishing their business in court they left at about 2-30 p.m. and went to the local Shaheb Bazar where Jamshed purc..

Category: Criminal Law | Date: | Hits: 55

Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)

....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......ntiff Abdul Aziz Bepari who never recognised her as tenant. Appellant’s case was that defendant No.1 was a habitual defaulter. Further, the plaintiff bonafide required the suit premises for his own business. He served notices under section 106 of the Transfer of Property Act upon both defendant No..

Category: Tenancy Law | Date: | Hits: 95

Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)

....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ...... Custodian of Enemy Property appointed under the provisions of the Defence of Pakistan Rules continued in force by the said Ordinance shall vest in the Government. (b) All enemy firms the trade or business of which was being carried on by any person or Board authorised under the provisions of the..

Category: Property Law | Date: | Hits: 47

Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)

....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......appellants' contention is that the impugned order was passed in violation of rule 8 of Order 39 of the Code and that the preparation of an inventory of the properties relating to their running cinema business will cause dislocation and greatly inconveniences them. 4. As no one appeared for the re..

Category: Civil Law | Date: | Hits: 94

Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)

....H Rahman J. Order of the Court By a majority decision the appeal is dismis­sed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......­ther case is that defendant No. 2 and the father of defendant Nos. 4 and 5 took lease of two rooms of the suit premises by registered kabuliyats dated 10th March, 1970 and they had been carrying on business there; that subsequently defendant No. 2 illegally handed over possession to dependant No. ..

Category: Procedural Law | Date: | Hits: 115

Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)

....her proce­eding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ...... is pending before the learned Com­pany Judge of the High Court Division. 2. An application for winding-up on the ground of non-payment of debt was filed by the respondent-petitioner, a businessman, on 29 July 1986 and it was admitted for hearing by the learned Company Judge by an or..

Category: Business or Commercial Law | Date: | Hits: 76

Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)

.... are sen­tenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... of the incident remains unassailed. 10. The attending circumstances are hea­vily against the accused Nausher. He had no enmity with Elias; he hailed from a different village and had no business to have been pre­sent near the scene of the crime when he was caught by persons who al..

Category: Criminal Law | Date: | Hits: 62

Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Re­sident Propty, Ctg & ors., 1987, 16 CLC (AD)

.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ...... Property appointed under the provisions of the Defence of Pakistan Rules continued in force by the said Ordinance shall vest in the Gover­nment; (b) all enemy firms, the trade or business of which was being carried on by any per­son or Board authorised under the pro­vi..

Category: Property Law | Date: | Hits: 70

Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)

....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......ctor and his wife, Mrs. Haider, another Director, hold the remaining 50% shares of the company. In the application for wind­ing-up they alleged a complete dead-lock that arose in the company's business due to serious difference of opinion and mutual distrust between the Chairman and the Mana..

Category: Intellectual Property Law | Date: | Hits: 239

Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)

.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......Tk. 1, 50,000/-as compensation was revenue receipt and not capital receipt." 6. The High Court Division took the view that "by the termination there was a com­plete stoppage of business so far as the age­ncy of Bangladesh River Steamers Ltd., was concerned." and in ..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)

....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......ally authorised by the Board in this behalf, may apply to the Distinct Judge within the local limits of whose jurisdiction the industrial concern carries on the whole or a substantial part of its business or the office of branch of the Sangstha from which the loan was disbursed it situated, fo..

Category: Business or Commercial Law | Date: | Hits: 100

Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)

....nd allow the appeal. The appell­ants are acquitted of the charge leveled aga­inst them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......e of his sister-in-law at village Sripur, quarter of a mile away. His eldest son P.W. 3 went to Harirampur bazar. His another son Jahidul Haque had gone to Comilla for purchasing vegetables for his business. P.W.3 stated that there was a chowki in the hut but it did not get burnt as it could be b..

Category: Criminal Law | Date: | Hits: 57

Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)

....r Chowdhury, J. Order of the Court By the majority decision, the appeal is dis­missed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......S. khatian stand in the names of plaintiff who made construction of a one-storied build­ing on the land of R.S. plot No. 6889 which is situated in the Bazar area Plaintiffs are carrying on groceries business there. 4. Defendant No.1 became the owner and possessor of .94 sataks of land by virtue..

Category: Property Law | Date: | Hits: 48