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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. ......f deliberate non-co-operation of respondent No. 1; (iv) that the company was never a partnership but it is a private limited firm and that a private limited company cannot be wound up on the principles of dissolution of partnership firm; (v) that the appellants acknowledged the debts of th......was not fraudulently and surreptitiously replaced as alleged by respondent No. 1, who had knowledge of the same all though, (ii) that the difference of opinion between the directors could not amount to a state of deadlock in the affairs, of the company and the deadlock In holding the meetin..Category: Business or Commercial Law | Date: | Hits: 110
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....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:......pective effect cannot be given, unless such effect is given to it in the statute itself, either expressly or by necessary implication. In Maxwell's Interpretation of Statutes, 11th Edition, the principle has been stated as follows: "Every Statute, it has been said, which takes away or impa......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
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....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: ......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: ......for the legal tender and for the balance he applied to the Area Committee for release of the same. The said Committee finally passed an order on 11.12.71 forfeiting 25,000/00 rupees and releasing the amount 46.500/-. After the emergence of Bangladesh Sonali Bank came into existence as successor of N..Category: Banking Law | Date: | Hits: 129
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. ......red the judgment in the case of Administrators Omar Sons Ltd., vs. The Chairman, First Labour Court, Dacca and another 8 DLR (S.C.) 178 observed as follows: “The principle to be followed in matters dealing with the same subject, where there are parallel laws, ......ion 34 can certainly be invoked for the necessary relief against such infringement, if other conditions of the said section are fulfilled because victimisation for trade union activities may amount to an infringement of right guaranteed or secured by any law, But it appears to us that i..Category: Labour and Industrial Law | Date: | Hits: 91
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......is revised seniority list has effected him adversely, inasmuch as he has been regulated from serial position No 15 to the position of serial No. 22 and this was done in violation of the principle of natural justice and without any legal authority. The High Court Division repelled......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 94
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. ......t with the intention of causing it to be believed that such document was executed by or by the authority of a person by whom or by whose authority he knows that it was not executed. The underlying principle is simple. If a property belongs to A and B purports to sell it by executing a deed in hi...... ought to have been considered whether in the admitted facts of the case and having regard to the provision of law under PO 16 of 1972 as quoted above it could be said that the act of the accused amounted to creation of a false document within the meaning and definition of forgery under the Pen..Category: Criminal Law | Date: | Hits: 51
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......nd another ..............Defendant- 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 circumst..Category: Property Law | Date: | Hits: 64
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. ...... it is only when the custom is established that it is to be the rule of decision. The Legislature did not show itself enamored of custom rather than law nor does it show any tendency to extend the 'principles' of custom to any matter to which a rule of customs is not clearly proved to apply. It is......f section 109 had been exercised. The counsel for the appellants then asked for special leave, even though the value of the subject-matter of the suit and the appeal was beneath the proper appealable amount, upon the ground that an important question of law was involved. The Judicial Committee refus..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....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 ......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 ......e endorsement on the voucher, Ext. 6, of two members of the Union Council who had certified the correctness of the contents of the voucher and on the basis of which the Chairman made payment of the amount and contended that in the aforesaid facts and circumstances the finding of the High Court tha..Category: Criminal Law | Date: | Hits: 84
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. ......e of action arising in the present case is dependant on a bundle of essential facts stated in the plaint by the plaintiff who is required to prove, if he wants to succeed in the suit. The fundamental principle of law is that the plaintiff must prove his case and such proof must be to the satisfactio......onsiderable volume and further that the contractor had been doing works in excess of these required of him. These works were completed in 1962. The contractor is entitled to payment of a reasonable amount, pending decision of the question whether the Courts should determine the amount of work ac..Category: Others | Date: | Hits: 103
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. ......ervant with notice or on payment of salary in lieu of notice. The servant may equally exercise the power relinquishing his appointment on similar terms .................................. The principle that where punishment is not found who has been placed under a charge, his discharge upon...... 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
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......ut on the 7th February 1961, a learned Single Judge of the High Court made an order restraining the defendant:— "from- realising Rs. 15,000 from the Karachi Stock Exchange Ltd., or a lesser amount that may be with the Karachi Stock Exchange Ltd., claimable by her on the date of this or..Category: Business or Commercial Law | Date: | Hits: 74
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......e appellant's contentions that due weight had not been given by the High Court to the evidence in his favour or the findings of the trial court and that the High Court acted contrary to the settled principle of giving benefit of doubt to the accused. 8. The entries in the cash-book on 7-3-58 co......n the basis of the statement of the cashier Abdul Aziz, reported that Rs. 200/- was lying with Mr. Zahurul Huq, Rs. 1,300/- with Mr. Rahman Ghani and Rs. 650/- with the appellant himself, and these amounts were ultimately made the subject-matters of the charge against the appellant. In the audit..Category: Anti-Corruption Laws | Date: | Hits: 142
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....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. ......he appellant is present, or is represented by a pleader, either he or his counsel must be heard. Mahmood, J., in his dissenting opinion, on the contrary, held that section 422, in conformity with the principle of audi alteram partem, implies that where an appeal is not summarily rejected under secti......lea of the learned counsel that its arguments will take three days and that he was not free the next day as he was booked to go to Bahawalpur to appear in another case before the Circuit Bench there, amounted to a denial of the opportunity to the appellant or his counsel of being heard. The further ..Category: Criminal Law | Date: | Hits: 78
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. ......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. ......y, 1957. The firm submitted its return for the assessment year 1958-59, which corresponds to the accounting period ending 30th June, 1957. It was assessed to a total income of Rs. 2, 72,955/-. This amount included a sum of Rs. 2,13,349/-, which was deemed to be a profit of the firm under the 2nd p..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... 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. ......intiffs for assessing their alleged loss at Rs. 15000/-. On these pleadings the following issues were raised: 1. Is the suit maintainable in its present form? 2. Is the suit barred by principles of estoppel, waiver and acquiescence? 3. Has the daughter of the plaintiff died in th...... Judgment June 16, 1969. The Motor Vehicles Act, 1939, section 6 In case of fatal accident caused by a motor vehicle Insurance Company is liable to pay the decreetal amount of compensation as if it were a judgment debtor even though the Insurance Company was not mad..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ........................... Respondents Judgment February 15, 1971. The Constitution of Pakistan, 1962 Any decision of the Supreme Court to the extent it decides a question of law or enunciates principle of law is binding on all other courts in Pakistan and all judicial authorities throughout ......ese provisions of the Constitution were given due consideration, we are sure that the second learned Judge would not have passed the order dated 31st July, 1970, which in effect was tantamount to countermanding the order of the first learned Judge. 17. In the circumstances, ..Category: Criminal Law | Date: | Hits: 96
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. ......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. ......w dead), stood surety for the additional liability of Rs. 5000/- by a letter of guarantee. By 13-5-1952, the debt of defendant No.1 rose upto Rs. 37000/-. He executed a promissory note for the said amount on that date. No payment having been made a sum of Rs. 62,265/7/6 became due to the plaintiff..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. ......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. ......e respondent- Bank filed Title Suit No. 09 of 1989 in the Court of Subordinate Judge in Commercial Court No.1, Dhaka against the petitioners for realization of the said loan along with the interest amounting to Tk. 13,97,690/- and the said suit was renumbered as Title Suit No. 143 of 1990. ..Category: Banking Law | Date: | Hits: 112
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... 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. ...... and 2 participating in the above proceeding in which was not at all fair. The High Court Division however allowed the appeal reversing the above order dated 13.06.1939 holding that in view of the principle as laid down in the case of Food Corporation of India and another Vs. Yadav Engineer and ......e ICC Paris in connection with the above arbitration proceeding depositing portion of the fees; on 5th August, 1988 the above respondents raised the plea that the appellant is liable to deposit an amount of D.M. 25,000/- as security before commencement of the arbitration proceeding as Bangladesh..Category: Business or Commercial Law | Date: | Hits: 94
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