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General Manager Jamuna Oil ComÂpany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....low— "It is agreed that the crews of qaumi, One excepting Masters and Chief Drive; shall be treated as regular employees of the company and shall get benefits of the agreement applicable to shore employees. As regards Masters and Chief-Driver it is agree......Vs. Golap Rahman & another….......................... Respondent Judgment June 15, 1981. Cases Referred To- National Bank of Pakistan vs Md. Golam Mostofa, (1975) 27 DLR 158; Aminul Islam vs. James Finlay, (1974) 26 DLR (SC) 33; Project-in-Charge, P......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....€” ''Any claim arising out of an agreeÂment relating to the carriage of goods in a ship." 14. Thus the jurisdiction was enlarged and all that is required is that the claim must arise out of an agreement of carriage of goods. It is evident there has been a sea change in the law since 1861. In ......as M. V. Al-Sayer and others……….Respondents Judgment June 25, 1981. Result: Civil Appeal No. 15 of 1981 is allowed. Civil Appeal No. 38 of 1981 is dismissed. Cases Referred to- The St. Cloud (1863 LR 2 A & E 269); Napotor (LR 2 A & E 375); North Port Code Vs. Ow......reported in 1967, 3 Ali E. R. 686. In that case the respondents chartered the appellant ship owner's vessel, the Heron II for the carriage of three thousand tons of sugar by sea with the intention of selling the sugar on arrival at Basrah, the port of destination. The time that the voyage would take..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....g under section 7(2) cannot take recourse to the discretion given by the expression "as the circumstances may require" for computing it under section 7(1). We are in respectful agreement with the Madras and Patna decisions and the conclusion is that the High Court Divisi......s appeal by special leave is directed against the judgment and order of the High Court Division in an application under section 27 (1) of the Wealth Tax Act, 1972. The respondent was assessed to Wealth Tax by the Wealth Tax Officer, Companies Circle (I), Dacca for the assessment year 1963/6......d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 73
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ch interest will be evident from the property statement made by him to the Income-Tax Department. He never included those properties in that statement. Her further case is that she entered into an agreement with Rama Nath Das for the exchange of the entire property of schedule 'A' but on the req......ives:- Musammat Nurjahan Begum, first Wife already on record as Defendant-appellant and others ......... ...... ........Respondent Judgment March 30, 1981. Case Referred to- Kanakarathanammal V.S. Loganatha Mudallar, AIR 1P65 S.C 271; Musammat Bilas Kunwar vs. D......her two step-sisters were acquired by her out of her own fund. In her pleadings she stated that she purchased the shares of her sisters at a consideration-of Rs. 28.800/- when they wanted to sell their shares of their paternal houses, to protect her interest, as she was holding some shares..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....hamsuddin Ahmed hid a partner-ship firm for carrying on water transport business. After the death of his father in October, 1960, Rahimuddin Ahmed and other heirs of his father entered into an agreement for forming a private limited company to take over the business of the partnership firm a...... Vs. Rahimuddin Ahmed and others………………………….Respondents Judgment June 8, 1981. Cases Referred to- Hind Overseas Private Ltd. reported in A. I. R. 1976 (S.C) 565; Lodli Prashad vs. ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
.... writ petition would have been maintainable, but since the action taken by the Government was in terms of the Lease Deed, even if injury was caused to the appellants, it arose out of the breach of agreement or which no writ lay and that is under challenge. 4. Mr. Rafique-ul-Huq, learned ...... Lawyers Involved: Rafique-ul-Huq, Senior Advocate, with T. Islam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Appellants. Abdus Sobhan, Additional Attorney-General, with Motiur Rahman, Asstt. Attorney-General, instructed by A. W. Mallick, Advocate-......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ..Category: Property Law | Date: | Hits: 53
GM, Bangladesh Tea InÂdustry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....te was sold to the United Planters and Traders Limited. The only question is, therefore, whether the service of the respondent automatically stood transferred to the new owners in view of the agreement between the Government and the United Planters and Traders Limited. The High Court Divisi......ave is directed against the judgment and order of the High Court Division in Writ Petition No. 400 of 1978. 2. Respondent F. H. Chowdhury challenged the order of transfer of his service to M/S. United Planters and Traders Ltd. His case was that he was appointed as Assistant Manager un......t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....e Bangladesh Abandoned Property (ConÂtrol, Management and Disposal Order) 1972 reveals that the Government has power to cancel any allotment or terminate any lease or amend the terms of any lease or agreement under which any abandoned property is held, occupied or managed by a person, where, such a......ition No. 575 of 1977) Judgment: K. Hossain CJ.—In this appeal Zahirul Huq is the appellant and the matter arises out of writ petition brought by Enamul Huq and another and their prayer was to declare the order of Additional Deputy Commissioner (Rev) Dinajpur dated 5-1-77 directing to hand......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
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....o the other party. This is the initiation of raising of 'industrial dispute'. Then a period of seven days has been provided for negotiation between the parties with a view to reaching an agreement on the issues raised in the communication through the medium of a dialogue. If ...... M.S. James Finlay & Co. Ltd. and anr... …………….Respondents (in C.A Nos. 46 & 47 of 1978) Judgment January 9. 1980. Cases Referred to- General Manager, Hotel Inter-Continental Vs. Chairman, Second Lab-P65our C......such domestic inquiry must be set aside. In my opinion, the High Court acted in excess of its writ jurisdiction in the nature of certiorari in disturbing the clear findings of the Labour Court, and selling aside the judgment and orders. 84. In any view of the matter the judgment of t..Category: Labour and Industrial Law | Date: | Hits: 91
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....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. ......wyers Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Crimina...... constructed a building on the land and left it out to tenants. The Ministry of Works has been managing the disputed property ever since it became abandoned under the law. The Government decided to sell the disputed property along with other abandoned properties and accordingly called for tender..Category: Criminal Law | Date: | Hits: 51
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....rformance on the ground of hardship will be defeated. We advised the parties to come to some understanding as to the amount by which the solatium should be increased, but they failed to arrive at any agreement. In view of the facts and circumstances of the case, we think that a solatium of Taka 25,4......efendant- Respondents Judgment March 15, 1990. Result: The appeal is allowed. The Specific Relief Act, 1877 (I of 1877), Section 22 & 24 Whether the amount of solatium, given to the plaintiff‑appellant is quite inadequate in the facts and circumstances of the case. Spe...... in the Court of Munsif, Moulvibazar for specific performance of a contract for sale of a land. Under the said contract dated 5th Baishak, 1376 BS (April 1969) defendant Benode Bihari Gupta agreed to sell the suit land to the appellant for a consideration of Tk. 5,100.00 out of which he received in ..Category: Property Law | Date: | Hits: 64
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....ar and others reported in 28 C.W.N., 300 contended that it is the duty of the Court to consider the interest of the abÂsent party and not to pass a decree except on proof by the plaintiff. We are in agreement with the principle enunciated in the above case. When it is found from the plaint that dif...............Respondents Judgment November 30, 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree without producing the relevant documents on the basis of which relief is s......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..Category: Others | Date: | Hits: 103
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ntiff bank of the property in question and the sale of it for a sum of Rs. 3700/- was a collusive one. Sikandar Ahmed himself allowed the sale by not paying the municipal dues in contravention of his agreement made in the security bond and that it was he, who actually, purchased the property in the ......he Act for realization of municipal tax purchases the property free from all encumbrances. If there is a valid mortgage subsisting at the time of the sale the purchaser purchases the property subject to that mortgage and the right of the mortgagee to put the property to sale for the realization of d......an interval of three months, a notification of sale of such holding and after the expiry of not less than three months from the date of the last publication, unless the amount recoverable be paid may sell such holding to the highest bidder, who shall at the time of sale, deposit the full amount of t..Category: Banking Law | Date: | Hits: 230
The Advocate-GeneÂral, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ......ip Act, 1935 Mere grant of Migration Certificate did not confer Indian citizenship on the respondents under the Indian Citizenship Act nor did they lose their Pakistan citizenship by their entry into India on the basis of such certificate for a very short period to secure their lives with no inte......64, that they went to India after the disturbances in 1964, that before their departure they had told  him that they would come back to Pakistan after the restoration of peace, that they did not sell any of their properties before their departure for India, that they returned home from India wi..Category: Criminal Law | Date: | Hits: 59
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....ed by the Artha Rin Adalat may file an appeal to the High Court Division. 7. Having regard to the facts and circumstances of the case and in view of the above cited decision, we are in full agreement with the findings and decisions arrived at by the High Court Division and as such the imp......te, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 1286 of 2001. (From the judgment and order dated 30-01-2001 passed by the Hig......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ..Category: Banking Law | Date: | Hits: 112
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... on the other hand the above facts indicate that the respondent Nos. 3-6 had no prior knowledge about the arbitration proceedings commenced before ICC Paris; if an arbitration clause exists in the agreement, the Court should stay the proceedings of the suit and allow the parties to take the adva......hul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respondents Judgment June 2......e of the appellant in not impleading the respondent No.3 and others in the arbitration proceeding before the ICC Paris, observing that the contract dated 20.5.1984 shows that the "seller" shall also mean and include M/s. Burhan (Bangladesh) Ltd. the respondent No.3 the loca..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....ts may not be lost sight of. Adverse possession implies that it had commenced in wrong and is maintained against right. The plaintiff has claimed to have his entry into the disputed land under an agreement of purchase with defendant No.1 who had no title thereto as found by the trial Court and...... Adverse possession Uninterrupted adverse and hostile possession of the plaintiff over a period of twelve years, the period prior to alleged declaration of the property as the enemy property, the plaintiff has acquired title by ......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ..Category: Property Law | Date: | Hits: 53
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....plaintiff-appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent was a monthly tenant at a rental of Taka 300 per month as per agreement dated 15-8-1971. Although the tenancy commenced from 15th August 1971 by mutual agreement ...... (Civil)  Present:  Mahmudul Amin Choudhury CJ  Mainur Reza Chowdhury J  Md. Gholam Rabbani J  Md. Ruhul Amin J  Md. Fazlul Karim J  Santosh Kumar Das .............. Appellant  Vs.  Hajee Badiur Rahman.........................setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.  Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....d is concerned and as per terms and conditions of the tender document price bid of those bidders who have been found to be responsive in the technical bid shall be opened that obviously amounts to an agreement between the bidder and the purchaser, breach of the said terms is a clear violation of the......sh, 1972, Articles &102 Since question of financial interest of the State is seriously involved in the instant case, in our view the Chittagong Port Authority should place the papers relating to the bid of the petitioner along with other 3 responsive bidders before the decision making author......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. ..Category: Others | Date: | Hits: 130
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....anners specified under Order XXXVIII rule 5 CPC. 10. Admittedly, the attachment was designed regarding the subject matter of letter of credit. The letter of credit although ancillary to an agreement is yet independent of the parent contract between the buyer and the seller. By opening th......ly come within the provision of Order XXXVIII rule 5 for attachment before judgment for which the Court could issue notice asking for furnishing security or for attachment before judgment in order to satisfy any possible decree that may be passed in the suit……(15) Cas......urisdiction to pass an order of attachment before judgment against the proceeds of the letter of credit payable to a supplier by a commercial bank for any alleged dispute between the buyer and the seller, which principle have been followed in respect of international transaction under the intern..Category: Civil Law | Date: | Hits: 115
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