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Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....ala fide. By amendment of the plaint a third declaration was also sought which runs as follows: That the plaintiff is the Director, Administrator of the Company and is legally entitled to perform the powers, responsibilities and duties of the Managing Director of the Company as per resolution of the..............................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: The appeal is allowed. Cases Referred to- 10 DLR 431; 16 DLR 298; AIR 1943 Cal. 36I; AIR 1967 (SC) 436; 43 IA 91; 10 DLR 431;18 DLR 7......understanding in the family slowly cropped up and ill-feeling cropped up between the plaintiff and defendant Nos. 1 to 3 who are also directors of the Company. Defendant No. 1 by notice dated 15-8-77 called a meeting of the Board of Directors on 18-8-77 in. which one agenda, was "to discuss and......ding in the family slowly cropped up and ill-feeling cropped up between the plaintiff and defendant Nos. 1 to 3 who are also directors of the Company. Defendant No. 1 by notice dated 15-8-77 called a meeting of the Board of Directors on 18-8-77 in. which one agenda, was "to discuss and decide w..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ...... Income Appellate Tribunal and run as follows: (i) Whether on the facts and in the circumstances of the case the Tribunal was justified in allowing insurance premium paid for loss and profit due to unforeseen circumstances as an allowable expense under Section 10(2) (xvi) of the Incom......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......where they frequented and did not have opportunity of having a family life and also for the purpose of maintaining discipline in the administration of the Tea Estates it was found expedient to have a meeting place of the officers of the Tea Estates where not only they could discuss their common prob..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....recommendation of the Government and regularised the intervening period of absence by granting him leave the petitioner was for all practical purposes reinstated in his service. The Government had no power to rescind or cancel the orders of respondent Nos. 4 and 6 as they had already acted upon, and......………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: The rule is discharged. Cases Referred to- Md. Shoib Vs. Govt. of Bangladesh (1975) 27 DLR 315; Md. Ismail Jafar Vs. Director-General ......hman—For Respondent No.1. Syed J.R. Mudassir Hossain, A.A.G.—For Respondent Nos. 2-4. Writ Petition No. 98 of 1977. Judgment M. H. Rahman J.–This Rule was issued calling upon the respondents to show cause why the Order No. 202-E/299(O) dated July, 29, 1976 of th...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
.......
......Abu Sufian Chowdhury Mahbubul Hoq—For the Respondents.
Writ Petition No. 43 of 1977.
Judgment
Shahabuddin Ahmed J.—This Rule under Article 102 of the Constitution calls in question an order dated 5.11.76 of the Second Labour Court, Dacca confirmed in appeal by an......s difficult to believe that he would be victimized by transfer in March, 1975. Ext. 8 relates to a request by respondent No.2 as President of the Union for keeping in abeyance a resolution of a joint meeting of the Corporation and other Units thereof as to "inter-project transfers" employe..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
....d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......Vs.
Chairman, Labour Court, Chittagong & another.................Respondents
Judgment
February 6, 1978.
Result:
The rule is made absolute.
A dismissed worker ceases to be a worker within the definition of a "worker" under the Industrial Relations Ordinanc......ioner.
Mohd. A. Aziz—For the respondents.
Writ Petition No. 384 of 1976.
Judgment
Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question the legality of an order dated 28-4-76 of the Chairman, Labour Court, Chittagong i......d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
..
Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
.... Advocate appearing in support of the rule has seriously assailed the impugned order of the Registrar taking the ground that the impugned order of review is illegal and without jurisdiction since the power of review cannot be exercised by the Registrar more than once. Mr. Rafiqul Islam has contended......sted in Review Case No. 1 of 1976 under section 135(2) of the Bangladesh Co-operative Societies Act, 1940 briefly, the Act By this order Respondent No. 1 annulled an award made by an arbitrator under section 87 of the Act. 2. Facts of the case briefly stated are that the pet......er. Abdul Hamid Chowdhury—For Respondent No. 2. Writ Petition No. 765 of 1976. Judgment Shahabuddin Ahmed J. - This rule order Article 102 of the Constitution calls in question an order dated 18 12 76 of respondent No. 1. Registrar of Co-operative Societies, ......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....the question for consideration is whether the District Delegate has jurisdiction to entertain the petition and to grant revocation prayed for before him. Section 265 provides for High Court powers to appoint Delegate of District Judge to deal with non-contentious cases and it runs as follo......ers Vs. Barista Krishna Kundu & others...........................Opposite parties Judgment December 15, 1977. Result: The rule is made absolute. Cases Referred to- Kailash Chandra Vs Nanda Kumar A.I.R. 1944 Calcutta 385. Lawyers Involved: Kailas......vided that, in the case of High Courts not established, by Royal Character, such appointment shall not be without the previous sanction of the Provincial Government; (2) Persons so appointed shall be called "District Delegates.” 6. On a comparative analysis of the provisions referred......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
....e Registrar, University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722 and has drawn our attention to the following observations made therein:
“Wherever any person or body of persons is empowered to take decisions after expost facto investigation into facts which would result in conseque.........................Appellant
Vs.
Govt. of Bangladesh.............................Respondent
Judgment
December 2, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Abdus Sabur Khan Vs. Karachi University and another (1966)) 18 DLR (SC) 422; University of ......satisfied as to the antecedents of an intending employee and may collect information from any source or cause any enquiry in that regard. The process of verifying antecedents of an employee cannot be called a punitive proceeding requiring the employer to give a reasonable opportunity to the employee......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
.... authorised to manage the same.
4. The learned Judges of the High Court disposed of the Rule by their judgment dated 1-12-69 on holding that the respondents were authorised to exercise necessary powers for taking possession of the disputed lands which were enemy properties but directed the Cust......ts
Vs.
The Sub-Divisional Officer, Brahmanbaria and another...............Respondents
Judgment
November 29, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Province of East Pakistan Vs. Syed Hatem Ali and others (1968) 20 DLR (SC) 129; Sufia Khatu......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....ench in the case of Jamiyat Ali Vs. Mrs. Chemon Ara Begum & ors. reported in 20 D.L.R. (Dacca) 480 wherein it has been held: “We are quite conscious of the limitation on our revisional power under section 15 of the Code. Ordinarily erroneous decisions of facts are not revisa......li and others…………….....................Opposite Parties Judgment November 17, 1977. Result: All the rules are made absolute. Cases Referred to- Thakur Prasad Vs. Sk. Fakirullah and another 22 Indian Appeals 44; Jamiyat Ali Vs. Mrs. Che......Nos. 1176 and 1178 of 1976 at the instance of the purchaser Md. Ibrahim Hossain and Civil Rule No.1176 of 1976 at the instance of purchaser Mst. Delwara Begum, wife of Md. Ibrahim Hossain were issued calling upon the opposite party No. 1 pre-emptor Md. Khorshed Ali to show cause, why the judgments a...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....ss Profit Tax Act which provides 4 years limitation. The learned Advocate further submitted that Urban Immoveable Property Tax Act being a fiscal statute, in the absence of any such clear provision empowering the Assessing Officer to reopen the assessments, closed and passed, the impugned demand for......matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment Ruhul Islam CJ.—This Rule Nisi was issued calling upon the resp......fficer, Narayanganj Range, Narayanganj demanding payment of purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment Ruhul Islam CJ.—This Rule Nisi was issued calling upon the respondents to show cause why the impugned notice of demand (Annexure 'A') ......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ......0 DLR (HCD) (1978) 179. ...... would like to remind them of the relevant provisions of law in remanding a suit for rehearing. Now, Order 41, rules 23, 24 and 25 of the Code of Civil Procedure (hereinafter called the Code) which deal with the remand of a case by an appellate Court read as follows: Ru......The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
.... sue through its manager could not be questioned in law. 6. Mr. Khandkar Mahbubuddin Ahmed, the learned Advocate appearing for defendant No.1, has contended that the plaintiff-company has got no power or authority to sue in its own name. H has, however, conceded that as the question of maintain......in: 30 DLR (HCD) (1978) 244. ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....ise unexceptionable. It may be noticed that the provision of section 115 of the Code does not specify the person on whose behalf an application under the said section can be filed. The power under section 115 of the Code is an extraordinary power which the High Court may exercise afte.....................Appellant Vs. Abu Zafar..........................................Respondent Judgment August 23, 1977. Result: The appeal is allowed. Cases Referred to- Manindra Chandra Dey and others Vs. Govinda Prasad (1951) 3 DLR 313; Sheikh Ayezuddin Vs. P...... Subordinate Judge, by this order dated 6-1-76, rejected the application made under section 151 of the Code, holding that the words used in the judgment were words of finality and took effect automatically and that other remedies being available an application under section 151 of the Code was ......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
.... learned Deputy Advocate General took objection to the Memo, of cross-objection and presentation thereof on 9.3 77 because of the date of certificate in the Memo, of cross-objection and acceptance of power being on 8.5.77 and as such the Memo, of cross-objection should be rejected. The learned Advoc.......Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18, 1977. Result: The appeal is dismissed Cases Referred to- Labhu Ram Vs. Ram Protap, AIR 1944 Lah. 76; S M. Nripjit Ram Vs. Sardar Satinder Singh, AIR......ross-examination the witness stated "I had structures on. 14 acres" The witness however, denied the suggestion that he had no tenant at all and the receipt books are fictitious papers. On recall the witness stated that his tenant A. Malek and Abdul Mannan have put their respective signatur......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ...... Appeal from original decree Nos. 16 and 17 of 1977, with Civil Rules 1039(f) and 1040(f)of 1976. Judgment Shahabuddin Ahmed J.— These two appeals and these two rules have been heard together as they arise from the same judgment and decree being judgment and decree dated 12.6.76 of ......stances, the plaintiff filed this suit for declaration of title, recovery of possession and mandatory injunction. 3. Defendant No.1 contested the suit by filing a written statement denying practically all the material allegations made in the plaint. He also challenged the suit on the ground of ......n the middle of February, 1972, i.e. about two months after liberation of the country, the plaintiff (who is P.W. 1) met K.A. Qureshi in the latter's residence at Chittagong and in course of that meeting the plaintiff was introduced by K. A. Qureshi to defendant No. 1. In that connection K.A. Qu..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....we need not enter into this controversy. The auction of octroi post is guided by Municipal Administration Ordinance, 1960 and mentioned in entry No. 24 under the 4th schedule which gives the enabling power to the pourashava for putting the octroi on auction it has been empowered by the Rules framed ......que—For Respondent No. 2 and 3. Kamahiddin Ahmed—For Respondent 1. Writ Petition No. 551 of 1976. Judgment Badrul Haider Chowdhury J. — This rule is directed as to show cause why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be ......hat part of the petitioner's case is to be written off. Having thus run a blue pencil into the case of the petitioner the other part that is left for, consideration of this court is the rule nisi calling upon the respondent to show cause as to why the impugned notice dated 16.8.76 issued by resp......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
....Sonai Nadi. It is contended that by itself if should not have been assumed that the detenu is a smuggler and without tangible material the detenu has been detained illegally in colourable exercise of power. Thus in all these three Writ petitions the detaining authority, it is stated, has passed the ......use the detenu has been mentioned as a veteran smuggler and his name is mentioned in the list of smugglers which was prepared by the Anti-Smuggling Committee of the Government of Bangladesh. In order to prevent him prejudicing the maintenance of supply and services essential to the life of the commu...... 1964 (SC) 595 may be relied on.
13. Lastly Mr. Latifur Rahman has relied on Criminal Misc. Case No.69/77 to which one of us were a party. The learned Advocate has relied on this decision specifically to substantiate his contention that the onus is upon the detaining authority u/s. 106&nbs......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....ecide whether in the facts of a particular case such a presumption would be drawn. Moreover, the evidence, as has been referred to in the said illustration, must be of such a nature as was within the power of the party to produce and was not produced because of his withholding the same. The sons and......lip;…Appellants Vs. Zahiruddin Kari and others..........................Respondents Judgment August 3, 1977. Result: This appeal is allowed. Cases Referred to- Dakas Khan Vs. Ghulam Khan Qasim I.L.R. 45 Cal 793 28 C L.J. 441 Lawyers Involved: ......d of right, as is generally understood; in the following words: "A record of rights has been described by Sir Henry Maine as a detailed statement of all rights in land drawn up periodically by the functionaries employed in setting the claims of the Government to its shares of the ren......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
....inquiry in the said sub-rule makes it obligatory on the authority to act in the particular manner as laid down by the rules and in no other manner. It is well settled now that when authority is given power coupled with a duty it must act in accordance with the law that has conferred such power and a......e People's Republic of Bangladesh and others........................................Respondents
Judgment
July 27, 1977.
Result:
The Rule is made absolute.
Cases Referred to-
Quazl Md. Mahbubur Rahaman Vs. Government of Bangladesh represented by the Secretary Establ......desh represented by the Secretary Establishment Division, Dacca & others reported in (1977) 29 DLR 118 a Division Bench of this Court to which one of us was a party has held that rule 7(2) specifically requires that Board shall examine witnesses in support of any allegation and the memorandum of......de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
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