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Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)

....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. ...... 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. ......tor of the Company. 6. Further case of respondent No. 1 is that the last Annual General Meeting of the Company was held in December, 1969 and since then no General Meeting of the Company was called and the Managing Director began to run the Company ignoring the law, rules and the Boar...... allowing respondent No 1 to discharge his function in the affairs of the company: The Seamed Company Judge also directed appellant No. 2 Zahiruddin Ahmed, to call the defaulted annual general meeting, submit profit and loss accounts of the Company, and allow respondent No.1 to particip..

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)

....employed mainly in a managerial or administrative capacity; or (ii) who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of managerial or administrative nature." 7. The next quest......f the D.I.T. does not come within the meaning of ‘worker’ as defined under the Standing Orders Act. Therefore remedy under section 34 of the Industrial Relations Ordinance, 1969, is not available to him………………..(10) The respondent being an employee of the D.I.T., his terms and con......ment of Labour (Standing Orders) Act and since DIT is a commercial establishment or industrial establishment within the meaning of the Employment of Labour (Standing Orders) Act, no interference is called for. Leave was granted to consider whether the DIT is a commercial establishment or indus......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. ..

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)

.... it was assumed that prior to the cancellation re-allotment of the land had been made by the Government. The learned Judges were of the view that had there been any violation of the statutory powers apart from that derived from the lease the writ petition would have been maintainable, but s...... 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-......ssion on such determination of the lease and by demolishing structures, if any, and the Deputy Commissioner before taking steps is to issue in the prescribed manner a notice on the lessee calling upon him within the period of 30 days from the date of the notice to comply and then to tak......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

Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)

....nd accordingly the tax was demanded and duly paid by the respondent. 6. It was also contended that the appellant rightly reassessed and levied tax under rule 10 of the said Rules, which empower the appellant to do so and that the assessment proceeding for the years 1957-58 to 1962-63 w......astern Ltd. …………………………………………...Respondents Judgment January 22, 1981. Result: The appeal is dismissed. Lawyers Involved Abdus Sobhan Additional Attorney General, Matiur Rahman, Assistant Attorney General with him, instructed by B. Hossain, Advoca......if the Municipal Rules apply to the holding, the Assessing Officer did not correctly apply the said Rules in this case. It was also respondent's contention that the Oil Reservoir Tank cannot be called a holding, so as to bring it within the operation of the Urban Immovable Property Tax Act, 19......at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..

Category: Fiscal/Taxation Law | Date: | Hits: 76

GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)

....n abandoned property and had vested in the Government under P.O. 16 of 1972. The Bangladesh Tea Board was constituted under Ordinance No. XXXVII of 1977. The Tea Board in exercise of its power had set up Bangladesh Tea Industry Management Committee. The respondent is an employee a......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...... properties and in pursuance thereof Halda Valley Tea Estate 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 U......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)

....as supported the reasoning of the High Court Division A reference to section 10(1) of the Bangladesh Abandoned Property (Control, 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 un......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 allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......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. ..

Category: Tenancy Law | Date: | Hits: 93

Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)

....e of the President's Order No. 26 of 1972. Article 7 of the said President's Order reads as follows: "7. (1) The undertaking of each existing bank shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances reserve fu......ent Badrul Haider Chowdhury J.—This appeal by special leave is directed against the judgment of the High Court Division in Writ Petition No. 397 of 1978, directing the appellant Sonali Bank to pay the respondent a sum of Tk. 46,500/00 within one month from the receipt of the order. 2. ...... but not from the agent. The argument does not appear to be sound rather a fallacy is involved. The Area Committee which is the creation of MLR 81 released the amount. It became a direction on the so-called agent, namely, the bank, and the agent, therefore, is only obliged to pay the amount. There-l......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 129

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....managerial or administrative capacity; or (ii) Who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of managerial or administrative nature. 16. As th...... 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......the High Court passed in Writ Petition Nos. 863 and 864 of 1974 on January 7, 1977. In Civil Appeal Nos. 46 and 47 of 1978. Ally Akbar, who is an employee of James Finlay and Co. Ltd. (hereinafter called the company”), is the appellant. The company which is the appellant in Civil Appeal No......h February, 1973 while the Assistant Manager A.Z.M Ala was going out of his office, the employee obstructed him in his way in an aggressive manner and asked him not to leave his office before meeting a deputation of some workers who were on their way from Narayanganj; and that when the..

Category: Labour and Industrial Law | Date: | Hits: 91

Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)

....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......ofulla Kumar Chakraborty.....................................Appellant. Vs. Anil Proshad Chowdhury and others.......................Respondents Judgment February 6, 1980. Case Referred to- Ramjan Ali Mistry v. Md. Hedeyetulla (1979) 31DLR (AD) 183. Lawyers Involved: B.C. Pand......e Ordinance is clearly taken away by the express language of sub-section (5) of section 18, In that decision it has also been held that enquiry about compliance of the provisions of the statute may call for consideration of facts at each point. There may be a case of waiver or acquiescence or su......f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ..

Category: Tenancy Law | Date: | Hits: 116

Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)

.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......;…………... Appellants. Vs. Govt. of Bangladesh and another..........................Respondent Judgment July 15, 1980. Case Referred to- People's Republic of Bangladesh Vs. Sri Madan Gopal Jew Bigraha (Civil Appeal No. 46 of......nt) Ordinance, 1956 (E.B. Ordinance No. III of 1956) or of any other law making any amendment in the said Act or of the acquisition of any properly made under any provision thereof is challenged or called in question shall abate, and all orders, including orders of injunction and other inter...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 66

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....f fitness under section 110 of the Code of Civil Procedure from the High Court Since this was not done, the appeal before the Judicial Committee of State was not competent and this Court has now no power to grant special leave to appeal, as the High Court of Baghdad-ul-Jadid is not and never was o......3) 104. ......l Khatoon, and Mst. Sabhai, a sister Mst. Jawahar Khatoon and a daughter Qaiser Khatoon. Mst. Sabhai died two months before the institution of the suit. Hence one of her sons from a previous husband, called Amiruddin, also joined as plaintiff. Another son, Waziruddin, from the same husband who did n......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. ..

Category: Civil Law | Date: | Hits: 117

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....3. The aforesaid notification No. 2742-G.A., dated 29-5-59 containing the retirement order is set down below:— Notification No. 1742-G. A., dated the 29th May, 1959. In exercise of the powers conferred on him by sub-clause (b) of clause (5) of Article 6 of the Laws (Continuance in F......legality of such order passed by the appointing authority in view of the concluding words of clause (5) of Article 6 of the Laws (Continuance in Force) Order 1958…………..(20) Cases Referred to: Zafar-ul-Ahsan Vs. Republic of Pakistan, (1960) 12 DLR (SC) 9; Govt. of East Pakistan Vs. Mur......ittee appointed under section 3 of the Public Conduct (Scrutiny) Ordinance, 1959 (Ordinance No III of 1959), the Chairman of the said Committee served a notice on him on the 25th day of March, 1959 calling upon him to show cause why disciplinary action should not be taken against him for inefficie......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. ..

Category: Administrative Law | Date: | Hits: 106

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....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. ...............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......�� "10.4 65—Plff. files hajira. Defdt. files a petition for time to file W/S. Heard Pleader of the plff. The prayer is rejected in view of the previous order. Defdts. are found absent on call. Hence the suit is taken up for ex parte hearing. P.W. 1 Abdul Wadud is examined. Documents ar......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

Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

.... December 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under clause 12(1) of the Standing Order the employer is empowered to terminate the employment of a permanent worker by giving him notice or pay in lieu thereo......r 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under clause 12(1) of the Standing Order the employer is empowered to terminate the employment of a permanent worker by giving him notice or pay in lieu thereof and wi...... 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. ...... 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. ..

Category: Labour and Industrial Law | Date: | Hits: 107

Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)

....he State....................Respondent Judgment October 30, 1970. The Code of Criminal Procedure, 1898 (V of 1898), section 423 The High Court is empowered to dispose of a criminal appeal on merits in the absence of the appellant or his pleader esp......Ahmed Jan J M. R. Khan J Wahiduddin Ahmed J Asif Ali, s/o Ahmed Ali................Appellant Vs. The State....................Respondent Judgment October 30, 1970. The Code of Criminal Procedure, 1898 (V of 1898), sec......es under which it was disposed of are described by him in the last paragraph of the judgment, which reads:— "Before parting with the case, I would like to record that when this appeal was called, neither the appellant, who is on bail, nor his counsel was present. I proceeded with the h......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..

Category: Criminal Law | Date: | Hits: 78

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

...., by his conduct, given up the case against the insurer and, therefore, he could not be permitted now to re-assort that claim. As long as that decree stood, the executing court, it was said, bad no power to go behind the decree. 16. On appeal a Division Bench of the High Court of East Pakistan......In Civil Appeal No. 73-D of 1966.) Vs. Mvi Mohammad Mokhlesur Rahman and others....................................Respondents Judgment June 16, 1969. The Motor Vehicles Act, 1939, section 6 In case of fatal accident caused by a motor vehicle Insur......tion holding that the suit was both under the said Act as well as under the general law of torts. Furthermore, it was of the view that in cases of this nature it was not necessary to plead specifically the particulars of the loss sustained or benefit expected. The suit was, accordingly, held t...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..

Category: Others | Date: | Hits: 124

Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)

....r Sarki..............................Respondent Judgment September 2, 1970. The West Pakistan (Control of Goondas) Ordinance, 1959, section 18 The power of the appellate authority (the Commissioner in the present case) to suspend the operation of ......eptember 2, 1970. The West Pakistan (Control of Goondas) Ordinance, 1959, section 18 The power of the appellate authority (the Commissioner in the present case) to suspend the operation of an order passed by the Tribunal pending hearing of the appeal is ancilla......essed of the power to stay the execution of an order brought in appeal before him. 3. Ali Sher Sarki, respondent, a friend of Pir Abdur Rahim, thereupon filed a Writ Petition in the High Court calling in question the order of the Commissioner as without lawful authority on the contention th...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ..

Category: Criminal Law | Date: | Hits: 49

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....he said Act where a tenure or holding is sold in execution for a decree for arrears due in respect thereof, the purchaser shall take subject to the interests defined as protected interests but with power to annul the interests defined as encumbrances. Section 167 prescribes the procedure to be a......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...... the sum of Rs. 25000/- and also undertook to furnish fresh and further security and to deposit all the title deeds with respect to his properties and also agreed to execute proper documents whenever called upon by the plaintiff bank. In addition to the security bond the defendant also executed on......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. ..

Category: Banking Law | Date: | Hits: 230

M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)

....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. ......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......haka acting as Executing Court in title Execution Case N0.4 of 1992 rejecting the application dated 15-3-2000 filed under Section 151 of the Code of Civil Procedure by the petitioners praying for recalling the order dated 9-3-2000 passed by the said Court in the said case allowing amendment of p......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

....tration Rules CC (with Note to the parties)." 19. It thus appears that the appellant made request for Arbitration on 28.10.1987 and the respondent Nos. 1 and 2 filed power and on 15.4.88 answered to the above request together with a request for conciliation. Then o......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...... the ICC Paris the respondent Nos.3-6 not being made parties they could not avail the advantage of taking part in the above arbitration proceeding and application under section 34 they also categorically stated that they are ready and willing to take proper conduct of the proceeding. 7. ...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..

Category: Business or Commercial Law | Date: | Hits: 94

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