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Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
..... 3 is the Manager of the firm which is a stockist or handling agent of the Coal Controller at Patenga. Appellant Sarwaruddin of Appeal No. 29 is an Inspector in the office of Coal Controller. As per agreement between the stockist firm and the Coal Controller, the former was to deliver coal on permi........ Appellant (In Criminal Appeal No. 29 of 1974). Vs. The State ………………...Respondent Judgment February 10, 1976. Result: The appeals are dismissed. Cases Referred to- Raja Huq Newaz V. Mohd. Afzal, 19 DLR (SC) 369; Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ..Category: Anti-Corruption Laws | Date: | Hits: 225
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
.... by Bangladesh. 2. Respondent Firm is a Government Contractor who was given earth filling work for development of the site for construction of the Telephone Factory at Tongi on the basis of an agreement dated the 23rd of May, 1966, executed by Samir Mia, Managing Partner of the Respondent Fir...... Hossain J D. C. Bhattacharya J Government of Bangladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton......s doctrine to an individual case may sometime by attended with difficulty. One test, however, is well-established, and is often useful; as was observed by Mr. Justice Coleridge in Holmes Vs. Russell (1841) 9 Dowl. 487, "it is difficult sometimes to distinguish between an irregularity and a nu..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....the original jurisdiction. The Privy Council held that such judgment was advisory and no appeal lay, as it was not a final judgment within the relevant provisions of Letters Patent. We are in full agreement with the view expressed by the Privy Council that a judgment given by the High Court in I...... Income Tax, Dacca Zone........Appellant Vs. M/s. Gulistan Cinema Co...................Respondents Judgment 17th & 18th November, 1975. Cases Referred to: The Commissioner of Income-Tax East Pakistan Dacca Vs. Messrs. Haji Gaffar Haji Habib ......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....iew to see whether the High Court has correctly decided the appeal or not. Section 30 reads as under: "30 Notwithstanding anything contained in any law for the time being in force, or in any agreement- (1) no borrower shall be liable to pay after the commencement of this Act. (a) ......y J.- This appeal on special leave arises from the judgment and order of the erstwhile High Court of East Pakistan dismissing an appeal after remand by the erstwhile Supreme Court. Facts leading to this appeal may briefly be stated as follows:—Respondent Nos. 1 to 14 filed under rules 7 and 9......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 64
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....blic duty entrusted to him by the Government. 9. The principled therefore are will recognised as to who is an officer of the Government and so a public servant. We are in full agreement with a dicta laid down by the Supreme Court of India set' out above. That the appell......p; February 23, 1977. Lawyers Involved: Md. Ansar Ali, Advocate, instructed by Md. A. Aziz, Advocate-on-Record—For the Appellant. Sultan Hossain Khan, Deputy Attorney General instructed by Abdur Rab-I, Advocate-on- Record—For the Respondent No. 1. ...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....inated arbitrators on 12.7.54 and 20.7.54 respectively. The arbitrators having failed to come to an unanimous decision even within a extended time appointed an umpire on 6.8.56. The umpire, on the disagreement of the arbitrators, gave an award favour of the respondent for a sum of Tk. 19,565/8/-. Th......st Appeal No. 133 of 1965 affirming the judgment and decree passed by the Subordinate Judge, First Court, Chittagong in other suit No. 17 of 1958 in terms of an award. 2. The circumstances leading to the aforesaid suit are as follows B. C. Aga & Co. (hereinafter called the respondent) while carry......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....ssarily have existing or present interest in the auction sold property have concluded therefrom that a person whose pecuniary interest is affected is competent to make such an application. The disagreement expressed by the learned Judges seems to be based upon some misapprehension about the real......manik and others.................Appellants. Vs. Mohd. Mokarram Hossain... ……………….Respondents Judgment March 4, 1976. Result: The appeal is dismissed. Cases Referred to- Basanta Kumar Roy Vs. Charu Chandra Pal, 62 C.W.N. 122: AIR 1958 Cal. 543 ; Vaidyanath ......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....eciprocal arrangement between Bangladesh and India on the question of examination of witnesses in their respective territories. Learned Attorney-General has intimated this Court that no such agreement has yet been concluded between the two countries. 7. Mr. Faqeer Abdul Mannan, lea....... Rahman Advocate, instructed by S.M. Huq, Advocate on Record—For the Appellants. Khandkar Mahbubuddin Ahmed with S.A. Latif, Advocate—For the Respondents. K.A, Bakar, Attorney-General with A. Wadud Bhuiyan, Asstt, Attorney General, instructed by S.S. Hoda, Advocate on......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ..Category: Civil Law | Date: | Hits: 108
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....er Article 98 of the then Constitution of Pakistan, 1962. 2. The appellants who were formerly employees of the Respondent Company were retrenched by the Respondent Company in pursuance of an agreement entered into between the Respondent Company and Respondent No 2, which happens to be a r...... then Constitution of Pakistan, 1962. 2. The appellants who were formerly employees of the Respondent Company were retrenched by the Respondent Company in pursuance of an agreement entered into between the Respondent Company and Respondent No 2, which happens to be a registered Trade Unio......eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....ly, we do not find any statutory sanction, this view will operate discriminatingly to the properties acquired on the same day. A reference to Section 7 shows that the compensation should he paid on agreement, and on the failure of an agreement, by the order of the Deputy Commissioner, and then if......llip;…………….. Respondents. (In C. A. No. 26 of 1976) Judgment Feb. 11, 1977. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General with B. B. Roy Choudhury, Assistant Attorney-General, instructed by S. S, Hoda Advoc......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....the positive provisions of the Act could not be cut down or restricted by the preamble of the Act or other considerations in the said excerpts, with which we find ourselves in respectful agreement. 20. The claim of the Prince was, however, resisted by the Attorney-General on the......…. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment May 7, 1976. Cases Referred to- Messrs Chittagong Jute Manufacturing Co. Ltd. Vs. Province of East Pakistan in P.L.D. 1......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....d regulating Vidyodaya University of Ceylon, the University by its executive body the University Council were empowered to institute professorship, and every appointment of professor was to be by agreement in writing between the University and the Professor, and was to be for such period and for......a..............Appellant Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Ba......rporation. If we turn to the function and object of the Corporation, we observe that principal aim is to help promote small industries by giving loan, advice and sometimes starting project and then selling it to prospective investors. The purpose is public service, it is promotional and for deve..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....nd forum of assessment of compensation. This sub-section requires some consideration. Clause (a) says, compensation of property requisitioned, or acquired under s. 93A shall be fixed by agreement; sub-clause (i) to clause (b) says, when no such agreement can be reached the Deputy Comm.................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Referred: Rangoon Botatoung Co. Ltd. Vs. Collector of Rangoon, 39 IA 197—ILR 40 Cal. 13 (PC); Sand Back Charity Tru......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......25 130. Lawyers Involved: T. H. Khan, Advocate with Rabeya Bhuiyan, Advocate, instructed by S. M. Huq, Advocate-on- Record—For the Appellant. Faqeer Shahabuddin Ahmed, Attorney-General, with Abdul Wadud Bhuiyan, Assistant Attorney-General instructed by B. Hossain,......danger of being murdered. Evidence was, however, led to show that these two appellants along with some other Rajakars caught Yusuf and his brother Delwar from Bashbaria Bazar where they had gone to sell beef and took them to the Gulam Mohammad Jute Mills where there was a military camp; that on t..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
....;Kha’ list of abandoned buildings before the Court of Settlement. The case of the respondents was that the case holding originally belonged to one Md Shamsuddin who got the same as per lease agreement of 1953. He possessed the same for 12 years and thereafter executed a deed of agreement f......missal of the case for default of the petitioner by not deciding the case on merit is illegal and without lawful authority. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record—For the Petitioners. ....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ..Category: Property Law | Date: | Hits: 57
....e compromise and have asked the petitioner to sign the letter if those were acceptable. The petitioner accepted the terms of compromise proposed by respondent No. 2 and accordingly it became a lawful agreement but the Adalat wrongly refused to accept the compromise which terms are lawful and there i......nstitution of Bangladesh, 1972, Article 103
The terms and conditions of compromise are the matters of evidence and such matter may be agitated before the trial court for adjudication with liberty to adduce evidence.
Lawyers Involved:
Rokanuddin Mahmud, Senior Advocate, instructed Sharif......fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
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Category: Civil Law | Date: | Hits: 109
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....o. 2 (present petitioner) approached the petitioner and respondent No. 3 to buy shares in the respondent company and integrate their hatchery with the, company’s hatchery and thereafter by an agreement dated 26-8-1997 was entered amongst the company represented by the then Managing Director...... May 22, 2001. The Companies Act, 1994 (XVIII of 1994), Section 233 The Companies Act, 1994 has given wider power to the Court under section 233 for the protection of the interest of the minority share holders. Th...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....urt Division and it appears that only the prayer portion of the plaint was allowed to be amended and in so doing the High Court Division found that no illegality has been committed. We are in full agreement with the finding of the High Court Division. The learned Advocate for the petitioner fail...... The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with ......ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ..Category: Procedural Law | Date: | Hits: 82
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
....ation.” 9. We have seen that the preamble of the Town Improvement Act, 1953 provides for development, improvement and expansion of the Capital of the Republic. Therefore we are in agreement with the view of the High Court Division that although under section 2(h) of the Town Imp......the Town Improvement Act the RAJUK may alter the lay out plan this power must be exercised for the purposes of improvement. But conversion of parks and open spaces enjoyed by allottees of a planned township cannot be converted as residential plots. Conversion of such open spaces and parks into re...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ..Category: Property Law | Date: | Hits: 56
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
.... No. 3385 of 1999 was filed challenging the aforesaid Memos dated 27-8-1999 and a Rule Nisi was issued. That letter dated 27-8-1999 was subsequently withdrawn by the present petitioner No. 1 and an agreement was entered into between Bangladesh Bank and the writ petitioners and ultimately, the wri......1908 (V of 1908), Order XXXIX rules 1 & 2 The Bank Companies Act 1991 (XIV of 1991), Section 46 A person who is aware of an order of the Court is bound to obey the same even though he was not a party to that when it affects the result of the earlier o......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
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