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Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....struction plan from the then D.I.T. and completed a One storied building giving foundation of 10(ten) storied building in the said property; that thereafter Abdul Khaleque Bain started partnership business with plaintiff No. 1 in the said building and thus plaintiff No. 1 came into physical poss...... Syed J.R. Mudassir Husain J Al-haj Mohammad Seraj-ud-Dowla and others.................................Petitioners. Vs. The Secretary, Ministry of works...................................................Respondent. Judgment ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
....where in respect of a busiÂness, profession or vocation newly set up an assessee has exercised the option under sub-clause (c). He shall not in respect of that source or, as the case may be, business, profession or vocation exerÂcise the option given by this sub-clause, so as to vary t......answered in the negative. We make no order as to costs.
Ed.
......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs.
Ed.
......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs.
Ed.
..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
.... was held by the Privy CounÂcil that where a pardanashin lady, lying apart from her relations and natural advisers, makes a deed in favour of a person who has, on some occasions, acted as her man of business, the strongest proof ought to be given by him that the transaction was a real and bona fide...... July 18, 1979. The Mohammadan Law Onus in case of Transfer by Pardanashin Lady Special rule of onus of proof will apply in a suit where the executants herself is either the Plaintiff or the Defendant of the suit, being a pardanashin lady. The rule cannot be extended to any other per......is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....e Admiralty Suit for a decree for Tk. 54,43,567/00 as damages for delaying the carriage of goods and other causes. 2. Facts in short are Respondent No. 1 is the Proprietor of A.M. Traders to carry business of import and export. Appellant No. 1 is the Panamian Vessel and Appellant No. 2 and 3 are ......ecided in the negative as to exercise of discretion and the matter ends there.…….(9) Cases Referred to- Njgos (1935) All E R. 863; Anne field, (1971) All E.R., P-394; Thomas & Co. Ltd. vs. Portsea Steamship Co. Ltd. (1912) A.C. 1; AIR 1963 (SC) 1044. Lawyers Involved: Faqueer Shahabu......ned by respondent No. 7 and Respondent No. 6 as agent of appellant No. 2. Thereafter the vessel was loaded with salt and two Bills of Lading dated 3-8-77 were issued and these Bills of Lading which incorporated the charter-party by general words were ultimately endorsed in favour of A. M. Traders, t......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is disÂmissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ..Category: Business or Commercial Law | Date: | Hits: 89
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......the nature of the transfer, any transfer which is a transfer in the eye of law, subject to the limitations laid down in the section, is pre-emptible. ………….(5) Sale in pursuance of a decree for specific performance of a contract is pre-emptible. Provisions embodied in section 26 of the Beng......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ment. Clause 20 provides about funds of the Council. It reads as under: (1) The fund of Council shall comprise of the following namely; (a) grants made by the Government and loÂcal bodies ; (b) donations, fees, subscriptions, foundation fund and endowments ; (c) income fro..Category: Employment/Service Law | Date: | Hits: 130
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....ub-section can be worked. The observation is reproduced below:— "We should not be understood at the same time as laying down that the framÂing of rules is essential for the disposal of any business. The Governor was emÂpowered to frame rules and if the rules were framed the Union Counci......rs...Respondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 13(2) proviso. In the absence of prescribed rules the members purported to exercise power to that effect for removing the Chairman is ultra virus. The impugned resolu...... without any lawful authority and the order passed by the Prescribed Authority in conseÂquence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ...... without any lawful authority and the order passed by the Prescribed Authority in conseÂquence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..Category: Employment/Service Law | Date: | Hits: 108
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... made by the tenant under section 19 of the Premises Rent Control Ordinance. 2. Respondent-tenant, M/s Golden Biscuit Company was monthly tenant in respect of the premises in question, carrying on business there and paying rent regularly to its owner Alhaj Md. Ashraf Ali for last 22 years. This l..............Petitioner [In CP No. 107 of 1993] Vs. Golden Biscuit Co....................Respondent [In both cases] Judgment May 20th, 1993. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, insÂtructed by Md. Sajjadul Huq, Advocate-on- RecordÂ-For the Petitioner. (In both th...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..Category: Tenancy Law | Date: | Hits: 71
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....nly be brought to an end by an amendment of the Ordinance by deleting its name from the schedule, The Ordinance was promulgated to provide for the coordination of management of the affairs and business of certain public corporations for a limited purpose. The liquidation of Responden............Petitioner Vs. Bangladesh and others .........................Respondents Judgment August 11th, 1992. Lawyers Involved: Abdur Rab-I, Advocate-On-Record-For the Petitioner. Not Represented-The Respondents. Civil Petitions for Le......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Business or Commercial Law | Date: | Hits: 104
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
.... Ali @ Pilu started on a motor‑cycle for Jessore from their village home at Bendarchar, Police Station Kalia, District Narail on 11.6.85 at about 6‑45 AM. Deceased Ekhlasuddin had some business at Jessore with his Advocate Nurul Islam and had to cross the river Nabaganga 11/2 miles ......ip;….Appellants Vs. State………….Respondent Judgment April 13th, 1993 Cases Referred to- Hamida Bano Vs. Ashiq Hussain and ors. 15 DLR (SC) 65; Ali Ahmed Vs. State 14 DLR (SC) 81; Masalti Vs. State of Uttar Pradesh, 1965 A......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ...... Narail District over wireless, made a General Diary Entry at 7‑20 AM noting the informants' names and substance of the information and went to the place of occurrence and found the two dead bodies. He prepared the inquest reports at the Police Station making reference to the General Diary..Category: Criminal Law | Date: | Hits: 60
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....o;means any office, firm, industrial unit, undertaking, shop or premises in which workmen are employed for the purpose of carrying on any industry" (section 2(iv) and industry "means any business, trade, manufacture, calling, service, employment or occupation". (Section 2(xiv). If......stafa Kamal J Latifur Rahman J Secretary of Aircraft Engineers of Bangladesh and anr ……………Appellants Vs. Registrar of Trade Unions and ors .........................Respondents [In CA No.14 of 1993] Aircraft Wo......he Amendment Act, 1990 a power which is to be exercised only once after which it exhausts itself and that is why section 5 has been given a heading "special provisions" and has not been incorporated in the Ordinance, 1969. The‑two types of power given to the Registrar under sectio....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ave and exercise the powers of a Corporation under this Order" in respect of this industrial enterprise. In other words, the Corporation was to supervise and co‑ordinate the activities, business and affairs of this enterprise. No other implication was there. But PO No.27 of 1972 was a......Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engineering Corporation, represented by its Secretary………….. Appellant [In CA No.40 o......IS. Quality Iron & Steel Company transferred the aforesaid partnership assets and liabilities to respondent No. 1 M/s Dhaka Steel Works Ltd., the Company, which was a Private Limited Company incorporated on 21.4.64 and of which respondent Nos. 2‑4 were shareholders and directors. On 31......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
.... petition filed by some aggrieved persons directly to him, by‑passing the RAJUK and making some allegations against that authority. The petitioner as a subordinate officer was bound by the rules of business of the Government to carry out the order of the President of the country, and that his nonâ...... (1993) 48 ......that the applicants' earlier auction bid was illegally rejected by the RAJUK, whether his wife had any personal involvement in the alleged transaction or the subsequent transfer to the JPL was a mere corporate venture of the company itself, whether M M Rahmatullah merely followed the orders of the P......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......d others AIR 1953 Allahabad 416, Surendra Singh Vs. State of Uttar Pradesh AIR 1954 (SC) 194 at P 197, Faulad and another Vs. State AIR 1961 Allahabad P 326, Rukan Din Vs. Hafiz-ud-Din PLD 1962 Lahore 161, Sangam Lal Vs. Rent Control and Eviction Officer, AIR 1966 Allahabad (FB) 221; Jai Karan V...... MH Rahman J.- On April 15, 1960 the appellant was appointed as an Assistant Communication Engineer in the Civil Aviation Department. The Government of Bangladesh formed a corporate body, namely, Civil Aviation Authority of Bangladesh by Civil Aviation Authority Ordinanc......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..Category: Administrative Law | Date: | Hits: 125
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ...... Cases Referred to- Shah Muhammad Vs. Huq Nawaz and the State 23 DLR (SC) 14 and Md. Shahabul Huda Vs. Md. Sahafi 36 DLR (AD) 44, Re NP Essappa Chettiar AIR 1942 Mad. 756; The Corporation of Calcutta Vs. Bijoy Kumar and others AIR 1924 Cal. 334 and Commissioners for the Port ......gistrate, a civil Court will not E interfere, except in special circumstance, by way of injunction of declaration of right. Those were however cases of criminal prosecutions for breach of rules of corporate bodies and do not relate to preventive sections of Cr.P.C. like sections 144‑147. C......a civil Court will not E interfere, except in special circumstance, by way of injunction of declaration of right. Those were however cases of criminal prosecutions for breach of rules of corporate bodies and do not relate to preventive sections of Cr.P.C. like sections 144‑147. Criminal pr..Category: Property Law | Date: | Hits: 81
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....ndent, who filed the complaint, alleged that he is a fish merchant at Terminal Ghat, Patuakhali, whereas the accused appellant is a trader in fish at Chuadanga. Both of them had long‑standing business relationship regarding sale and purchase of hilsha fish. Because of mutual confidence the................ Respondents Judgment September 1st, 1992 Lawyers Involved: Md. Joynal Abedin, Advocate, instructed by Md. Aftab Hossain Advocate-on-Record- For the Appellant. M Amirul Islam, Senior Advocate, instructed by Abdul Baset Majumder......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ..Category: Criminal Law | Date: | Hits: 43
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....dence of P.W.s 6 and 7 that the respondent had told the customs officers at the counter that the bag did not belong to him. The obliging nature of their evidence is apparent because it is none of the business of a customs officer to make an inquiry as to any baggage which may be lying for examinatio......dgment May 27, 1992. Cases Referred to- Waris Meah Vs. State PLD (1957) SC 157 & Meenakshi Mills Vs. Visvanatha Sastri AIR 1955 (SC) 13. Lawyers Involved: M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-on- RecordÂ-For the Appellant. Serajul Huq, ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....appellant, does not contemplate any such conditional bail; he has further contended that realisation of the fine imposed on the appellant as a part of his sentence upon conviction is not at all the business of the appellate Court since a separate procedure has been laid down in the Cr.P.C for exe......hers Vs. State 15 DLR (SC) 429; Faizur Rahman Sarkar Vs. State, Criminal Appeal No. 9-D of 1969 & Criminal Appeal No. 7 of 1988. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Sharifuddin Chakidar, Advocate-on-Record-For the Appellan......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ..Category: Criminal Law | Date: | Hits: 44
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....ther the citizen be naturalized or native born, is no badge of lack of allegiance and in no way evidences a voluntary renunciation of nationality and allegiance. It may indeed be compelled by family, business, or other legitimate reasons." 58. In conjunction with other reasons under section 16(4...... Appellate Division (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....st. 26. From the Appellate side rules it appears that writ petition in the nature of Habeas Corpus is governed under section 491 of the Code of Criminal Procedure in Chapter 11, as criminal business. Hence the writ petitions of other nature such as mandamus, certiorari and quo warranto m......kha and others ...........................Respondents Judgment March 31st, 1994. Lawyers Involved: Awlad Ali, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Syed Ishtiaq Ahmed, Senior Advocate instructed by Md. Sajjadul Huq, ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ...... (1994) 145. ......ent area under the then Ministry of Defence for imparting education to the wards of the employees of the Civil Aviation Department which was under the Ministry of Defence since 1947 and is not a body corporate, Most of the students residing therein are the wards and dependents of the employees of th......in sub‑regulation (2) of regulation 4 and subject to the provisions of sub‑regulation (2), the Committee of the schools run in accordance with the terms of any endowment or trust or any other bodies, such as, missionary or educational Societies, cantonments, railways, municipalities and ot..Category: Property Law | Date: | Hits: 86
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