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....tted tender on 20.5.76 offering payment of Tk. 91,00,000'00 towards the price of the lands, machineries, equipment and buildings and undertaking to pay the dues of M/s Drums Metal Ltd. payable to the Commercial Banks. The appellant’s case was that respondent No. 3, Ministry of Industries, never di...... on 20.5.76 offering payment of Tk. 91,00,000'00 towards the price of the lands, machineries, equipment and buildings and undertaking to pay the dues of M/s Drums Metal Ltd. payable to the Commercial Banks. The appellant’s case was that respondent No. 3, Ministry of Industries, never disclosed eit......Judgment here.
Supreme Court
Appellate Division
(Civil)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment DirectoÂr..
Category: Property Law | Date: | Hits: 68
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......e money the accused issued Cheque No. 421813 dated 3.9.88 for Taka 1,00,000.00 (Tk. one lac) and another Cheque No. 421814 dated 3.12.88 for an amount of Taka 5,00,000.00 (Taka five lacs) on the BCCI Bank, Dhaka. The complainant further stated in the petition of complaint that having communicated wi......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
.... Vs. Banque Indosuez having Its Local Office at 47, Motijheel Commercial Area, Dhaka ................ Plaintiff‑Respondent Judgment March 8t......ge, Artha Rin Adalat (3rd Commercial Court), Dhaka in Money Suit No. 99 of 1990. 2. The material fact necessary for disposal of this appeal may be briefly stated as follows: Plaintiff Bank filed a money suit against the defendant for recovery of the outstanding liabilities in respe......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......mul Hasan and others .................................Appellants Vs. Administrative Appellate TriÂbunal & others…………….Respondents (In Civil Appeal No. 1 of 1991) Bangladesh Bank and another……….Appellants Vs. Administrative Appellate TriÂbunal & othersâ...... Societe United Docks and others Vs. Government of Mauritius [1985]1 All ER 864; Hinds and others Vs. The Queen (1976) 1 All ER 353; SP Sampath Kumar Vs. Union of India AIR 1987 SC 386; Minerva Mills Ltd. Vs. Union of India AIR 1980 SC, 1789; Bangladesh Vs. Abdur Rab 33 DLR 143, Jamil Huq and eleven..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......smissal the plaintiff was not asked to show cause against the proposed punishment. Relying upon the admission of the appellants in their written statement and the cases of Managing Director, Janata Bank Vs. Hafizuddin Ahmed, 29 DLR (SC) 39, ASA Noor Vs. Registrar, Joint Stock Companies, Dhaka, 1......4, decreeing the suit. 2. Respondent No. 1 as plaintiff instituted the suit for a declaration that the order of dismissal from service passed by defendant No. 1 Appellant Jamuna. Oil Company Ltd. on 23.3.79 is illegal, malafide and without lawful authority and that the plaintiff’s se..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ...... transfer by private sale, settlement, lease, sub‑letting, gift, mortgage or any contract or agreement but does not include a complete usufructuary mortgage or a mortgage to a Land Mortgage Bank registered or deemed to be registered under the Bengal Co‑operative Societies Act, 1940......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ...... for "cash against documents" and M/s Nidera sold the same to M/s MA Baker of Chittagong against irrevocable Letter of Credit in favour of M/s Nidera opened by the said M/s MA Baker through Grindlays Bank, Chittagong. The said Cement was loaded from the Port Umm Qasr, Iraq from 14.7.90 onwards on bo......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
.... that promotion on 30th May, 1985 on the ground of his union activities. The Bank confirmed his promotion, and, by an order dated 23rd September, 1985 transferred him from its Head office at Dilkusha Commercial Area, Dhaka‑2 to its Naya Paltan Branch, Dhaka. Respondent No.2 asserted that the trans......is Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......power under Order IX or under Order XXXIX rule 1 of the Code of Civil Procedure came up for consideration in two different sets of cases before the High Court/High Court Division. In M/s. MM Ispahani Ltd. 19 DLR 612 it was held that a Labour Court can exercise powers under Order IX. A contrary ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......dience. It is the duty of Courts of Justice to try to get at the real intention of the Legislature by carefully attending to the whole scope of the statute to be construed.” Liverpool Borough Bank vs. Turner (1860) 2 De GF & J 502 (507,508). And Lord Penzance said, “I believe, as......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....ion and acquisition of the suit premises leading to the cancellation of the order of requisition and grant of permission by the Chairman of the D. I. T. the appellant, to construct a three storied Commercial building on the disputed land. What has been challenged in the suit, according to the le...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 99
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....s then in Bangladesh and was operating the Mill pursuant to the following order:- "Government of the People's Republic of Bangladesh Ministry of Industries & Natural Resources, 58, Dilkusha Commercial Area, Dacca. OFFICE MEMORANDUM IN CONTINUATION OF THIS Ministry's No. JA(98) 72-242......en decided, by the Government to release the unit in favour of its owner subject to future Govt. over all industrial policy. The owners are allowed to operate the unit including normal operaÂtion of Banking accounts. Sd/- K. A. Zaman, Secretary, Ministry of Industries. Thereafter on 3.3.7......) Present: AB Mahmud Husain J Ahsanuddin Choudhury J Kemaluddin Hussain J Debesh Chandra Bhattacharya J Government of Bangladesh......Appellant. Vs. Messrs A. T. J. Industries Ltd. and others…….Respondents Judgement March 15, 1976. Result: The appeal is dism..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of BanglaÂdesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......ondents. Judgment, May 7, 1976. Cases Referred to: Hansraj Vs. H.H. Dave AIR 1970 SC 755 & Inland Revenue Commissioner Vs. Saxneo Lilley & Skinner (Holdings) Ltd. (1967) All E.R. 756; Thompson Vs. Goold & Co. (1910) A.C. 409 P- 420); Vickers, Sons &..Category: Business or Commercial Law | Date: | Hits: 109
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ....... Vs. M/s. Everett Orient Line Corporation and others........... Respondents Judgment Dec. 18, 1975. Cases Referred to: United Netherlands Navigation Co. Ltd. Vs. Commissioner of Income Tax, Dacca (1965) 17 DLR SC 446—P.L.D. 1965 S.C. 412; Maharaj..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of BangÂladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no quesÂtion of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ...... "It is well-settled, however, that no general rule can be laid down as to wheÂther a provision in a statute is absolute or directory. It was ruled by Lord Combell, L.C. in the Liverpool Borough Bank Vs. Turner (1860) 2 D.G.G. & J. 50 that no universal rule can be laid down as to whether manda......ct, and therefore no quesÂtion of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......Code of Criminal Procedure. 21. Recently, in the case of IDBP vs. Master Industries (1974) 26 DLR 157, the question whether District Judge as mentioned in Section 39 of the Industrial Development Bank of Pakistan Ordinance, 1961 was a Court or a 'persona designata' was considered by Bhattacharya......: The appeal is dismissed. Cases Referred to- Must. Dirji Vs. Smt. Goalin, AIR 1941 Patna 61 (E.B.); Afsaruddin Vs. Wazed Ali Khan and anothers, (1952) 4 DLR.442; Azizul Huq Vs. M/S. Hanif Ltd. and others, (1955) 7 DLR; 287; Aswad Mia and another vs. Shahidulla Mia, (1958) PLR Dacca 1163;..Category: Trust/Waqf Law | Date: | Hits: 182
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... 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. ......g of a meeting of the Board of Trustees purporting to authorise the transfer of Rs. 2, 80,000/- from the Provident Fund to the General Fund of the company, and sent a copy thereafter to the Mill's Bank. The complaint was one of forgery and fraud. The Sub-Divisional Magistrate summoned the a......tion of law involved is, whether the appellant who is a government officer and therefore a public servant and was on deputation on foreign service basis to serve the Chittaranjan Cotton Mills Ltd., as Administrative Officer and was nominated by the company as a member of the Board of Truste..Category: Employment/Service Law | Date: | Hits: 81
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....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. ......ondents 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 Vs. Bank of India, AIR 1955 Mad. 486 ; Commissioner of Income Tax Vs. E.V. Miller, 11 DLR (1959) (SC) 43......al, 62 C.W.N. 122: AIR 1958 Cal. 543 ; Vaidyanath Vs. Bank of India, AIR 1955 Mad. 486 ; Commissioner of Income Tax Vs. E.V. Miller, 11 DLR (1959) (SC) 430—PLD 1959 S.C. 219; Punjab M cream He Bank Ltd. Vs. SardarKishan Singh, AIR 1963 Pun. 230; Income Tax, AIR 1955 S.C. 74 ; Shyamlal Vs Jagannath..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......ined a judgment on May 22, '75 declaring the impugned actions of the Government as without any lawful authority. It was also declared that the Company and its properties, movable and immovable, and Bank Accounts were being held by the Government without any lawful authority, tend the Court direc......r……………………………………………Petitioners. Vs. M/S. A. T. J. Industries Ltd. and others................. Respondents Judgment April 12, 1977. Lawye..Category: Property Law | Date: | Hits: 57
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......ce Ernest Augustus, (1957) AC 436; Matangini Gupta Ram Rutton Roy, TLR 19 Cal 289 ; Vitta Taya Rama Vs. Chatta Kandu Sivayya, ILR 41 Mad. 1078.Bhola Omar Vs. Mst. Kausilla, AIR 1932 All. 617; Union Bank Ltd., Vs. Mst. Ram Rati, AIR 1954 All. 595; Maniram Kolita vs. Keri Kolitani, LR 7 IA 115: ILR......kaV Vs. Narendra Chandra Barman, (1952) 4 DLR 492; Rabia Kharun Vs. Mahendra Chandra Mondal (1960) U DLR 634 ; Debt Prasad Chow-dhary Vs. Gopal Bhagat, ILR 40 Cal. 721 (771); (M's. Amin Jute Mills Ltd. Vs. Bangladesh, (1977) 39 DLR (SC) 85; Powell Vs. Kernpton Park Race Course Company, (189..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......cannot enlarge the meaning of the section. If a rule goes beyond what the section prescribes, the rule must yield to the statutory provision: vide King vs. Henderson, 1898 AC 720 (P. C.). The Central Bank of India Vs. Their Workmen, A.I.R. I960 (S.C.) 12 The reasons given by the High Court Division ......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 137
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