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Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....ent" is defined in section 2(j) of Employment of Labour (Standing Orders) Act. The definiÂtions are in the following terms: "2. (d)" commercial establishment' means an establishment in which the business of advertising, commission or forwarding is conducted, or which is a commercial agency, and......t of Labour (Standing Orders) Act, 1965 (Act VIII of 1965), Section 25. The Industrial Relations Ordinance, 1969, Section 34. The Dacca Improvement Trust is neither an industrial establishment nor a commercial enterprise as defined in the employment of Labour (Standing Orders) Act, (Act VIII o......r hand, the scheme of Town Improvement Apt shows that for the purpose of carrying out the provisions of that Act, a Board is to be formed called Dacca Improvement Trust and such Board shall be a body corporate and have perpeÂtual succession and a common seal and shall by the same name sue and be su......gh Court Division and the Labour 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: 34 DLR (AD) 37. ..Category: Labour and Industrial Law | Date: | Hits: 108
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....e applied retrospectively, once the assessment had already been done. 2. The Respondent is a company incorÂporated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the business and market assets of the Burmah Shell Oil Storage and Distributing Company of Pakistan Limi......stern Ltd. …………………………………………...Respondents Judgment January 22, 1981. Result: The appeal is dismissed. Lawyers Involved Abdus Sobhan Additional Attorney General, Matiur Rahman, Assistant Attorney General with him, instructed by B. Hossain, Advocat......at the High Court DiviÂsion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......at the High Court DiviÂsion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..Category: Fiscal/Taxation Law | Date: | Hits: 76
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....was directed to restoration of possession of the shop. The facts as found by the learned Judges of the High Court Division are that the premises in question being a shop the appellant was running his business there under the heading 'Bornika . On Independence of Bangladesh, the shop was taken over a......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Appellant Vs. Ejamul Huq and others……...................Respondents Judgment June 30, 1981. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Syed Sakhawat AH. Advocate-on-Record. - For the Appellant. N. H. Khand......rom the due process of law. With this observation this appeal is allowÂed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......rom the due process of law. With this observation this appeal is allowÂed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ely before the commencement of this order in the ownership, possession, power or control of the existing bank in relation to the undertaking within the territory of BangÂladesh or in relation to the business of such undertaking outside Bangladesh, and all books of accounts, registers, records and a...... Vs. Abdul Mannan and others..............................Respondents Judgment February 24, 1981. Result: The appeal is dismissed. Lawyers Involved: Asrarul Hossain, Senior Advocate, instrucÂted by Syed Sakhwat Ali, Advocate-on-Record—For the Appellant. Md. Nurul......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 129
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....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...... Vs. The State………………......................Respondent Judgment January 16, 1991. Lawyers Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-......etitioner 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. ......etitioner 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. ..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
.... delivering this dissenting judgment in Court sitting with my learned brother in presence of the learned Advocates of both the parties." 5. In ordinary course of Court's business a dissenting judgment is delivered immediately after the main judgment. It is desirable th......nning, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another...................Respondent Judgment December 17, 1990 Lawyers Involved: TH Khan, Senior Advocate, Supreme Court, (Mohammad Hannan, Advocate, Supreme Court with him), instructed by M N......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..Category: Procedural Law | Date: | Hits: 128
Karachi Stock ExchanÂge Vs. Kurban Ali M. MerÂchant and others, 1973, 2 CLC (AD)
....ication was made for an order to restrain the defendant from realizing a sum of Rs. 15,000 held in deposit on her account by the Karachi Stock Exchange Limited. The deposit was described as a forward business deposit. The application was resisted, but on the 7th February 1961, a learned Single Judge...... Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....e Tax Act, 1922, second proviso to section 10(2)(vii) The transaction between a firm composed of two partners and a limited company of which the said two partners are only shareholders, was not a business transaction entered into with the object of earning a profit. By forming a private limited ......etween a firm composed of two partners and a limited company of which the said two partners are only shareholders, was not a business transaction entered into with the object of earning a profit. By forming a private limited company, the partners only adopted a different method of carrying on the sa......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....ground that she being without any children was no longer in need thereof. The plaintiff No. 1 also claimed that he had suffered pecuÂniary loss as a result of his failure to pay due attention to his business of ''Lucky Store" due to his grief over the loss of his only child. 3. The deceased gir......n Civil Appeal No. 73-D of 1966.) Vs. Mvi Mohammad Mokhlesur Rahman and others....................................Respondents Judgment June 16, 1969. The Motor Vehicles Act, 1939, section 6 In case of fatal accident caused by a motor vehicle Insura...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....cross-examination of Mohammad Khan, complainant, could not be completed. On 27-9-1969 the case was adjourÂned without any proceedings as one of the defence counsels wanted to attend to some personal business. On 9-12-1969 Sanaullah, son of Allah Ditta, accused, did not appear as he was to appeal in......he State........................... Respondents Judgment February 15, 1971. The Constitution of Pakistan, 1962 Any decision of the Supreme Court to the extent it decides a question of law or enunciates principle of law is binding on all other courts in Pakistan and all judicial authoriti......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..Category: Criminal Law | Date: | Hits: 96
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....bsp; be a disÂplaced person for the purposes of the Act if at the time when Partition of British India took place in August 1947 he had to leave the place where he was at that time doing business and he would have continued to do business if he had not to leave it beca...... This Case is also Reported in: 25 DLR (SC) (1973) 5. ......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ..Category: Property Law | Date: | Hits: 61
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....rs and functions may be exercised or performed by the Managing Director. Under section 8 of the Ordinance subject to the Rules and Regulations general direction and superintendence of the affairs and business of the Corporation shall vest in the Board of Directors. In the writ petitions respective p......rt Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh Biman Corporation & others …………Appellant Vs. Md. Yousuf Haroon & others ………….......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..Category: Employment/Service Law | Date: | Hits: 186
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....irection is made to the Chittagong Port Authority that would amount to stepping into by the Court in the domain of the decision making authority and interference in the matter of running the domestic business of the Chittagong Port Authority. This submission of the learned Counsel entering caveat fo......(AD) (2002) 88. ......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......ion making authority that would ultimately finalise the matter of procurement of the cranes (14 & 15). Since transparency in the policy/decision making as well as in the functioning of public bodies is desired to prevent exercise of the same for collateral purpose, transparency of the decisi..Category: Others | Date: | Hits: 130
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....n of the Executive Council of BRAC with the effect that BRAC Bank Limited is, in reality, composed of BRAC itself. If BRAC, a registered society, is allowed to own, control, manage and operate, the business of banking in violation of the terms and conditions and laws of incorporation there will b...... BRAC and others ……………….………Appellants Vs. Professor Mozaffar Ahmed and others……Respondents Judgment &nb......1999 by the Registrar of Joint Stock Companies. Further case of the writ petitioner is that pursuant to the issuance of the aforesaid certificate of no objection dated 4-4-1999 BRAC proceeded to incorporate BRAC Bank Limited with the Registrar of Joint Stock Companies and Firms. Thereafter BRAC ......ting reserve funds. But the fact that the society has made profits does not mean that it is conducted for profit which I take to mean conducted for the purpose of making profit. Many charitable bodies such as colleges and religious foundations have large funds which they invest at interest i..Category: Constitutional Law | Date: | Hits: 199
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......, Part I & II Respondent Harunur Rashid by inflicting the injury on the chest of Fakku Mia resulting in the death of the victim committed an offence under section 304 Part-I of the Penal Code for causing the bodily injury as was likely to cause death and, in fact, the death was caused and inj...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ...... 3 Harunur Rashid that he dealt a ballam blow on the chest of Fakku Mia causing the death had been established. PW 14 Dr Shah Jamal and PW 15 Dr Aktaruzzaman who held autopsy respectively on the dead bodies of Fakku Mia and Bakul Bibi corroborated the injuries sustained by Bakul Bibi and Fakku as st..Category: Criminal Law | Date: | Hits: 55
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
....condition of profit as laid down in section 10(2)(X) should not be deemed to have been amply satisfied. We will thus conclude that bonuses as in the cases of the appellant-company are allowable business expenditure within the meaning of section 10(2) of the Act and they shall be allowed as s......nbsp; Commissioner of Taxes, Dhaka (South) Zone, Dhaka..…….. Appellant Vs. Ujala Match Factory………………………………&...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....as that the petitioner No. 1 is a trading institution and defendant-petitioner No.2 is the proprietor, the defendant-petitioner Nos. 3 and 4 are the sureties and that petitioner No.2 while starting business opened Current Account No.8144 in the name of petitioner No.1 with Islami Bank Bangladesh......Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karirn J Syed J. R. Mudassir Husain J Abu Sayeed Ahamed J M/S. Noor Crokaries and another................................ Petitioners Vs. Islami Bank ......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 120
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
.... vehicles in two more regions lying in different States, the application shall be made to the Regional Transport Authority of the region in which the applicant resides or has his principal place of business." 14. The matter taken to the court Singh, J. observed:- "5....................Appellant. Vs. Kazi Syed Shamsul Hoque and others...........Respondents. Judgment 30 January 2006. Cases Referred To:- Ratanlal vs. T.A. Authority AIR 1969 MP 204. Sarat Chandra V. Bijoy Chand, AJR 1937 PC 46 atp.47. Kishore Chandra V......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..Category: Constitutional Law | Date: | Hits: 178
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....ction 561A The Penal Code (XLV of 1860), Sections 406 & 420. A partner can not be alleged to have misappropriated or cheated when an amount was entrusted to the accused for the partnership business. The Managing Director and Director of the Company not depositing the remittance with the a...... November 23, 2005. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Penal Code (XLV of 1860), Sections 406 & 420. A partner can not be alleged to have misappropriated or cheated when an amount was entrusted to the accused for the partnership business. The Managing Di......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....and belonging to the appellant. 11. The contention of the appellant is that Respondent No.1 Uttara Bank Limited, Head Office at Motijheel Commercial Area, Dhaka is a corporate body and carries on business in different areas outside Dhaka as such suit filed by the appellant in Dhaka was very much......esent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Habibur Rahman.........................Appellant. Vs. M/S. Uttara Bank Ltd., represented by its Managing Director and others….…… Respondents Judgment July 31, 2005. Result: The appeal is dism......of 1995 was passed and taken in the Court at Rangpur, though the defendant No.1 namely M/s. Uttara Bank Limited represented by its Managing Director, 90 Motijheel Commercial Area, Dhaka, as a body corporate was the plaintiff in Artha Rin Case No. 55 of 1990 in the 2nd Court of Subordinate Judge, ......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..Category: Civil Law | Date: | Hits: 130
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