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Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....he respondent was not competent to file the Writ Petition. 9. The High Court Division after hearing the parties made the Rule absolute and the impugned notice was declared to have been passed illegally and without any lawful authority. The High Court Division, however, held that the Oil Storag......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)
....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. ......idual and the transferor company automatically became a contract between the individual and the transferee company. Lord Atkin focussed the point: "1 had fancied that ingrained in the personal status of a citizen under our laws was the right to choose for himself whom he would serve, and tha..Category: Employment/Service Law | Date: | Hits: 92
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
.... surrendered 80,000/00 rupee demonetised notes to the Feni Branch of the then National Bank of Pakistan. As per the Regulation the equivalent of 9000/00 rupee demonetised notes were exchanged for the legal tender and for the balance he applied to the Area Committee for release of the same. The said ......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)
....) Act, 1965 (hereinafter referred to as the Act). On merit the High Court found that the Labour Court could not go behind the findings of a domestic enquiry, as its duty was only to see whether the legal requirements prescribed by section 18 of the Act were complied with or not. After finding tha......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. ..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....However, it will depend on the facts of a particular case to see whether there has been default in payment of rent in terms of the statute, but once the fact is established in terms of the Ordinance, legal consequence flowing there from cannot be averted. 5. All that is needed is to see whether o......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)
....eclaration that the acquisition of the Hat at Shakherchar by the Government under Notification dated 2.4.56 issued under section 3(1) of the East Bengal State Acquisition and Tenancy Act was illegal and void and for injunction. The suit was dismissed. The appeal filed by the Appellants being...... 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
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....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 the contention on the ground lat the appella......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)
....to pay the highest bid money of Tk. 84, 00,000.00 but the Ministry rejected her prayer. It has been alleged that the appellant having found no other way and in order to grab the disputed property illegally managed to bring the original owner Abdul Khaleque Bain, who is a Pakistani citizen, and g......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. ..Category: Criminal Law | Date: | Hits: 51
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
.... The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having been made before 1st of July 1959 the court is precluded from questioning the legality of such order passed by the appointing authority in view of the concluding words of clause ......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)
.... 6. Mr. M. H. Khandkar, the learned Attorney-General appearing for the appellant contended that the learned Judges of the High Court erred in not holding that the minimum requirements of legal proof for sustaining an ex-parte decree were lacking in the facts and circumstances of the cas......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)
....rs issued by his superior and was discharged from service after enquiry was held. It was found that the order of the Company, for disobedience of which the workman was discharged, was itself an illegal order, being in violation of clause (b) of section 35 of the Factories Act, 1934 and so the ...... 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)
....easonable conclusion that as from the 30th January 1961, she had done no business on the Karachi Stock Exchange. 3. The learned Single Judge of the High Court made a lengthy examination of certain legal questions arising in respect of this case, not only for the decision of the case but in orde...... 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. ..Category: Business or Commercial Law | Date: | Hits: 74
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....e learned Judges of the High Court based their decision and upheld the contention of the Income-tax Department is that the assessee firm and the company, to which the transfer was made, were distinct legal entities and, as such, the difference between the amount for which the transfer was made and t......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....is servant, the defendant No. 2 herein. According to him the conviction of the defendant No. 2 was procured on the basis of a "confession procured by threats". He also claimed that the suit was not legally maintainable in the form in such it had been filed. 6. The driver also in his written st......is also to be taken into account. In considering about the likely loss of contribution from the child, the age, the sex, the health, ability, intelligence, reasonable expectation of earning and the status of the family of the deceased are also to be taken into account." 13. Upon this principle..Category: Others | Date: | Hits: 124
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
.... 3. The case of the plaintiff further is that since after the execution of the mortgage in plaintiff's favour the defendant No. 1 with a view to cheat the plaintiff bank brought about a fraudulent, illegal and collusive sale of the mortgaged property by keeping the municipal taxes in arrear in contr......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
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 ......ace to receive the requisite training, as prescribed for the Engineering Supervisors under the rules. The learned Judges of the Division Bench have held that the date of reckoning the appellant's status as an "outside departmental candidate" or otherwise was the 23rd of July, 1943, when he had a..Category: Employment/Service Law | Date: | Hits: 103
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....in Ahmad J Major Syed Walayat Shah...................................................................Appellant. Vs. Mr. Muzaffar Khan deceased represented by Mst. Habiba Khanum and other legal heirs and others..................................................................ed 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 of the High Court, not b..Category: Property Law | Date: | Hits: 61
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... ICC Arbitration. 6. That since the Arbitration neither commenced nor held in Dhaka as invoked by the plaintiff, and without the Arbitration proceedings being held and completed, the legal proceedings cannot be commenced or continued as per the provisions made in the contract (Art...... 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
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....n of title to the suit land by purchase or adverse possession and further that the order dated 6-2-1989 of the Additional Deputy Commissioner, Comilla declaring the suit land as enemy property is illegal and inoperative. 3. The appellant instituted the Suit stating, in......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ..Category: Property Law | Date: | Hits: 53
....er irrelevant to the subject matter of the Divorce Suit No. 1 of 1998.
7. The unfortunate part of the matter is that the learned Judges of the High Court Division being totally unmindful of their legal limit while exercising the power of confirmation of the decree of dissolution of marriage pass......eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ..
Category: Family Law | Date: | Hits: 192
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