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Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ....... Haripada Biswas, Magistrate, First Class. Jhalokati, the appellant, that he took signature on four sheets of blank white paper in his chamber purporting to show an amicable settlement of the dispute in M.R. Case No. 40 of 1978 which was pending before his Court. The allegation is that the..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... rule of interpretation, of a written Constitution. Conflicting interests of parties are likely to give different interpretations of a provision, and means, therefore, have to be provided for the resolution of such conflict. Written Constitution provides a standard by which the legitimacy of t...... and comment has been made from the Bar that the High Court Division under sub-article (5) of Article 102 does not lack jurisdiction to review the order or action of the such authority. There is no dispute as to the proposition, but what is to be determined is the scope of it. From the Bar it has ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......January, 1978. The ship, however, reached Chalna on 1st April, 1978. On arrival of the ship the plaintiff took the stand that it was not the salt which he contracted for and the salt was clogged. The dispute centred round this point. Eventually, the salt was unloaded from May, 1978 and continued upt..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......ough important criteria in a benami transaction but in the absence of an unambiguous ownership consideration of other relevant circumstances become important in a case where ownership is disputed. The disputed question of benami cannot be determined only on the consideration of source ..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....0 shares and George Nazar 200 shares. Nazar’s father and son thus had a majority of the votes in general meeting and until the dispute all the three remained directors. Later on, an ordinary resolution was passed by the company in general meeting by the votes of Nazar and George Nazar, rem......so that at all material times, Ebrahimi held 400 shares, Nazar 400 shares and George Nazar 200 shares. Nazar’s father and son thus had a majority of the votes in general meeting and until the dispute all the three remained directors. Later on, an ordinary resolution was passed by the compan..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....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. ......l Haider Chowdhury J.-This appeal by special leave is directed against the order of the High Court Division in Writ Petition No. 59 of 1979 rejecting the petition summarily. 2. Facts are not in dispute. Respondent No.2 was an employee of the Dacca Improvement Trust (DIT), He was tried by Spe..Category: Labour and Industrial Law | Date: | Hits: 108
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....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. ......llants after citing two decisions one of Bangladesh vs. A.T. J. Industries 29 D.L.R. 181 and the other D.F.O. South Kheri vs. Ram Sanchi Singh, A. I. R. 1973 (S.C.) 205, submits that mere source of dispute arising from a contract will not make an action of a Government authority immune "fro..Category: Property Law | Date: | Hits: 53
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......ditional Deputy Commissioner (Rev) Dinajpur dated 5-1-77 directing to hand over vacant possession of the shop named 'Bornika' to the appellant before us was without lawful authority. 2. The main dispute centred round the question whether Zahirul Huq, tenant of the premises though he was describ..Category: Tenancy Law | Date: | Hits: 93
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......e union activities. His involvement ultimately led, according to him, to victimisation by the company. During the pendency of his case before the Labour Court in which he raised an industrial dispute, the company initiated two separate proceedings against him on some baseless charges, ..Category: Labour and Industrial Law | Date: | Hits: 91
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......ntly, Waziruddin was also transferred to the category of plaintiffs. 5. The plaintiffs alleged that the said Moulvi Abdul Aziz, who was the original recorded owner of all the properties in dispute, was governed by Mohammadan Law and, therefore, his widows, sister and daughter were entit..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....,000/-in default to rigorous imprisonment for 6 months more awarded by the trial Court was, however, confirmed. 2. The prosecution case against the appellant, who was a contractor, was that by a resolution dated 22-3-61 Rokanpur Union Council, Kaliganj Police Station in the District of Jessore ......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......al Court having dismissed the suit, the plaintiff took an appeal to the erstwhile High Court of East Pakistan; and the said appeal was heard by a Division Bench of the said Court. 7. It was not in dispute before the Division Bench of the High Court that the Governor passed the impugned order upon..Category: Administrative Law | Date: | Hits: 106
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......hich was to the following effect :— "Your services are no longer required with effect from 8-3-63. You may draw 15 days' salary in lieu of notice.'' 3. Conciliation having failed, the dispute was referred by the Khulna News Print Employees Union to the Industrial Court which in its a..Category: Labour and Industrial Law | Date: | Hits: 107
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....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. ...... its running business together with all its assets and liabilities to the private limited company 'M/s. A. K. Khan Plywood Company Limited' and whether any profit resulted therefrom. It cannot be disputed that if there was a sale with profit, the partnership firm is liable to pay income-tax on t..Category: Fiscal/Taxation Law | Date: | Hits: 82
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ...... 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 the purchase money. It is not in dispute that the procedure laid down in section 525 was followed in conducting the sale of the dis..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ..Category: Employment/Service Law | Date: | Hits: 103
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....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. ......nt Commissioner had failed to consider the objection of the appellant with regard to the jurisdiction of the said successor, Deputy Settlement Commissioner reviewing the order of his predecessor. The dispute relating to the status of the respondents as "displaced persons” had also, in the opinion ..Category: Property Law | Date: | Hits: 61
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....junction application cannot be said to be a step in the proceedings as would display an unequivocal intention to, proceed with the suit or would disclose that the defendants had acquiesced into the resolution of dispute by the Court or had abandoned the rights under the arbitration agreement. As...... filed by the defendant-respondent Nos. 3-6 under section 34 of the Arbitration Act, 1940 praying for stay of the suit and thereupon directing the respondent Nos.3-6 to take steps for settling the dispute upon referring the same to the appropriate arbitrator and also directing the arbitrator, to..Category: Business or Commercial Law | Date: | Hits: 94
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......te property having limited interest to pay off the debt left by her husband and that also to meet the expenses of the religious ceremonies for the salvation of the soul of her husband. There is no dispute as to performance of religious ceremonies by Beloka Sundari for the salvation of the soul o..Category: Property Law | Date: | Hits: 47