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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. ......leged that profit and loss account of the company was neither audited nor submitted to the Board of Directors, that all assets and properties of the Company were mortgaged to respondent No. 2. Bangladesh Shilpa Rin Sangstha, successor of the Pakistan Industrial Credit and Investment Cor...... Court Appellate Division (Civil) Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others……...... Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others…………………&helli..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)
....chnical pay, if any and officers and employees holding such posts—by the Chairman. (b) If the salary exceeds Tk. 1250/- by the Board (c) In other cases—By Board subject to approval of the Government. 10. Section 36 specifically says that the Chairman shall exercise control over all t......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. ...... in: 34 DLR (AD) 37. ......ivil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Chairman, D. I. T and another.......................................Petitioner Vs. Chairman, 2nd Labour Court and another.............................. Respondents Judgmen..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)
....n a few words. The original lessee was Syed Abed Mansur who got the lease of the plot on 6.9. I960. He died in 1963 and was succeeded by the appellants as heirs who got their names mutated with the Government some time in April, 1974. In the meantime some small construction, though no......p;……………………………………Respondents Judgment June 17, 1981. Cases Referred To- Bangladesh vs. A. T. J. Industries (1977) 29 DLR 181; D. F. O. South Kheri vs. Ram Sanchi Singh, AI...... (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Mrs. Husna Mansur and others......................................Appellants Vs. Secretary, Ministry of ......zle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Mrs. Husna Mansur and others......................................Appellants Vs. Secretary, Ministry of Public Works and Urban Development, Public Works Division, G..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
...., otherwise penalty would be imposed. The Taxation Officer, Narayanganj by another letter dated 8th' August, 1973 asked respondent to show cause why penalty should not be imposed for non-payment of Government dues. 4. Having failed to get any relief from the appellants, respondent filed Wr......an Immovable Property Tax Rules, 1957 and also whether the said Rules could be applied retrospectively, once the assessment had already been done. 2. The Respondent is a company incorporated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the business and market ass......is Case is also Reported in:......ellate Division (Civil) Present: Fazle Munim J Shahabuddin Ahmed J Chowdhury ATM Masud J Assessing Officer, Narayangonj Range and others…………………....Appellants Vs. Burmah Eastern Ltd. …………………………………………...Respondents Judgm..Category: Fiscal/Taxation Law | Date: | Hits: 76
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....der 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 appointed by the B.T.I.M.C. The Government took the policy of disinvestment of certain abandoned properties and in pursuance thereo...... ...... (Civil) Present: Kemaluddin Hossain CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J General Manager, Bangladesh Tea Industry Management Committee and another .......................Appellant Vs. F.H. Chowdhury and another&helli...... CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J General Manager, Bangladesh Tea Industry Management Committee and another .......................Appellant Vs. F.H. Chowdhury and another…..........................................Respondents ..Category: Employment/Service Law | Date: | Hits: 92
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....en over as abandoned property and thereafter it was released by the Abandoned Property authorities and the respondents got into possession. During the period the property was in possession of the Government, allotment was given to the appellant and so when the respondent got back possession from......s as found by the learned Judges of the High Court Division are that the premises in question being a shop the appellant was running his business there under the heading 'Bornika . On Independence of Bangladesh, the shop was taken over as abandoned property and thereafter it was released by the Aban......on (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Shahabuddin Ahmed J Zahirul Huq……………………………………………………..Appellant Vs. Ejamul Huq and others……...................Respondents Judgment June 30, 1981. Lawyers Involved: ...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Shahabuddin Ahmed J Zahirul Huq……………………………………………………..Appellant Vs. Ejamul Huq and others……...................Respondents Judgment June 30, 1981. L..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....and the Bank by its letter dated 6.8.77 informed him that the amount will be paid once it is cleared by Head Office. Thereafter, numerous reminders were given and the respondent was informed that the Government had decided not to pay the equivalent of the demonetized notes and hence the amount canno...... 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 National Bank of Pakistan. The respondent...... CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sonali Bank…………….....................................Appellant Vs. Abdul Mannan and others..............................Respondents Judgment February 24, 1981. Result: ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sonali Bank…………….....................................Appellant Vs. Abdul Mannan and others..............................Respondents Judgment February 2..Category: Banking Law | Date: | Hits: 129
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ...... Kemaluddin Hossain J Shamsul Alam..........................................................................Petitioner. Vs. Superintendent of Police, Bangladesh Railway and other…………………….Respond...... Hossain J Shamsul Alam..........................................................................Petitioner. Vs. Superintendent of Police, Bangladesh Railway and other…………………….Respondents Judgmen......sain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Shamsul Alam..........................................................................Petitioner. Vs. Superintendent of Police, Bangladesh Railway and other…………&h..Category: Employment/Service Law | Date: | Hits: 83
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....ten statement was filed on the date fixed. 'Thus, the said I.R.O. Case No. 5 of 1973 was still pending before the Second Labour Court for adjudication on the Charter of Demands referred by the Government to the Labour Court, when the employer illegally drew up charge-sheet against the e......x-parte.—Respondent No. 2 (in C.A. Nos. 46 and 47 of1978). Civil Appeal Nos. 26, 27,46 & 47 of 1978 (from the judgment and Order dated 7.1.1977 passed by the High Court of Bangladesh in Writ Petition Nos. 863 and 864 of 1974). Judgment: K. Hossain CJ.- I......ate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J K.M.Subhan J Badrul Haider Chowdliury, J. James Finlay and Co. Ltd.................. Appellants (in C.A. Nos. 26 & 27 of 1978) Vs. The ......azle Munim J Ruhul Islam J K.M.Subhan J Badrul Haider Chowdliury, J. James Finlay and Co. Ltd.................. Appellants (in C.A. Nos. 26 & 27 of 1978) Vs. The Chairman, Second Labour Court, Dacca and another...............Respondents (in C.A. ..Category: Labour and Industrial Law | Date: | Hits: 91
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... 90 of 1972. The appellants instituted a suit in the Court of the Subordinate Judge Dacca, being Title suit No, 12 of 1958 for declaration 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 Acqu......ider Chowdhury J Shahabuddin Ahmed J Promode Ranjan Saha and others………………………... Appellants. Vs. Govt. of Bangladesh and another..........................Respondent Judgment July 15, 1980.......vision (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Promode Ranjan Saha and others………………………... Appellants. ......m J Badrul Haider Chowdhury J Shahabuddin Ahmed J Promode Ranjan Saha and others………………………... Appellants. Vs. Govt. of Bangladesh and another..........................Respondent Judgment ..Category: Property Law | Date: | Hits: 66
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....ion No. 758 of 1978. 2. The appellant challenged an order of the Bangladesh Biman Corporation whereby some employees junior to him were given two years ante-dated seniority. Respondent No. 1 Government of Bangladesh, prepared a comprehensive formula for giving special facilities to t......Chowdhury J Abdul Quddus ……………………….Appellant Vs. Secretary, Cabinet Secretariat. Establishment Division, Govt. of Bangladesh and others... …………………..Respondents ...... Abdul Quddus ……………………….Appellant Vs. Secretary, Cabinet Secretariat. Establishment Division, Govt. of Bangladesh and others... …………………..Respondents Judgment......: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Abdul Quddus ……………………….Appellant Vs. Secretary, Cabinet Secretariat. Establishment Division, Govt. of Bangladesh and others....Category: Employment/Service Law | Date: | Hits: 94
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....vil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment F......sent: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991......al is dismissed. No costs. Ed. ...... (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgme..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....foresaid Abdul Khaleque Bain (co-accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land......and, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co-accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Gove...... Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N...... Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Alhaj Md. Serajuddowlah……........Accused-Appeallant Vs. The State………………......................Responden..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
.... Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another...................Respo......il) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Ba...... Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another........ (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Gover..Category: Procedural Law | Date: | Hits: 128
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ore that Court" from which it has been transferred. The rules of the Judicial Committee of the State of Bahawalpur have not been placed before us, but from an order of the Minister of Law, Bahawalpur Government, admitting the first appeal that was taken to the Privy Council in this very case in 1941......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. ......4. ...... Hamoodur Rahman CJ Sajjad Ahmed Jan J Waheeduddin Ahmed J Mst. Qaiser Khatoon and 12 others.....................................................Appellants Vs. Mvi. Abdul Khaliq and others..........................................................R..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....iff Mr. Naziruddin Ahmed was a member of the East Pakistan Civil Service (Executive). At the time of the Revolution of 1958 he was employed as an Officer on Special Duty in the Home Department of the Government of erstwhile Province of East Pakistan; and was placed in charge of East Pakistan Gover......as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......istan Civil Service (Executive). At the time of the Revolution of 1958 he was employed as an Officer on Special Duty in the Home Department of the Government of erstwhile Province of East Pakistan; and was placed in charge of East Pakistan Government Press at Tejgaon, Dacca. His case having be......rt Appellate Division (Civil) Present: A.M. Sayem CJ Mahmud Hussain J Abdullah Jabir J Bangladesh, substituted in place of Province of East Pakistan................Appellant Vs. Naziruddin Ahmed..............................................................................Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....ision, Comilla) for executing and starting work at once as per schedules of the tender. The suit was filed against the erstwhile Province of East Pakistan as defendant No. 1 and five others who are Government servants. 4. The defendants entered appearance on 11.11.64 and prayed for time to file...... no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......reme Court Appellate Division (Civil) Present: A.M. Sayem CJ Mahmud Hussain J A. Jabir J Bangladesh.............................................Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. ......C) (1973) 90. ..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... employer to terminate the services of a permanent workman by giving him notice or pay in lieu thereof has undergone any change. Clause (b) of sub-section (2) of section 15 of the Act empowered the Government to make rules to set forth Model Standing Orders and in exercise of that power the Centra...... 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. ......int Mills Ltd..................................Appellant Vs. Khulna Newsprint Employees Union.................Respondent Judgment December 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under clause 12(1......5. ..Category: Labour and Industrial Law | Date: | Hits: 107
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....rned a reasonable opportunity not only to defend himself but also to show cause against dismissal. If, therefore, the authority does not wish to take disciplinary proceedings against the offending Government servant but adopts the alternative course of not giving him any extension on the expiry ......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ...... December 24, 1969. Termination of service The respondents were in the employment of the Corporation, but were not persons in the “service of the Pakistan”. The terms and conditions of their service were governed by their contracts of employment and as such the law o...... (1973) 80. ..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....inted Superintendent-cum-Drawing and Disbursing Officer of the Establishment Branch of the Department of Manpower and Employment Exchange (Labour Division), Ministry of Health and Social Welfare, Government of Pakistan. He took over charge of his office on 7-3-58 from Mr. Ghulam Mustafa. At that......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. ......at the advance of Rs 1300/- to Mr. Ghani was made with a criminal intent or with a view to making any wrongful gain or wrongful loss. Therefore the appellant is entitled to benefit of doubt…….(21 and 22) Lawyer Involved: Tufail Ali A. Rahman, Senior Advocate, Supreme Court, instructed by ......1973) 73. ..Category: Anti-Corruption Laws | Date: | Hits: 142
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