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Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....ation that the notification No. SRO-183(K.)/70 dated the 3rd February, 1970 issued by the Vice-Chairman of She East Pakistan Enemy Property Management Board was without lawful authority and of no legal effect. Under the aforesaid notification it was directed that Messrs Indo Pak Pharmaceutical......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....der Article 102 (2)(b) of the Constitution of the People's Republic of Bangladesh (hereinafter referred to as the "the Constitution"). In the said application the applicant challenged the legality of the order of detention of the said A.K.M Golam Kabir made in purported exercise of powe......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
.... on behalf of the appellant before the High Court that the appellant was committed to the Court of Sessions merely on the basis of the confessional statements of the two co-accused and not upon any legal evidence, was repelled by the learned Judges with the following observations: &ld......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
...., 449, 269 of 1973, 172 of 1972 and 224, 631 of 1973 respectively). Judgment Muhammad Abdullah Jabir J.—These eighteen appeals, filed by the Government, arise by special leave to consider the legality of the orders passed by the High Court Division granting bail to the respondents who file......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
.... the trial without giving him an opportunity to study the necessary documents and think over the case, makes a farce of the rule which entitles a prisoner charged with a capital offence to free legal assistance." The learned Judges having held the trial to be bad in law set as......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... vendor and the vendee intended the transaction of sale to be completed and consideration passed, and the vendee was put into possession, but the parties, omitted to observe the necessary legal formality of having a registered instrument, the transaction gave rise to the right of ......hammedan Law has not been superseded; and the decisions following contrary view cannot be approved. 31. Even in the case of sale of property worth more than Tk. 100/- by an unregistered deed status of the vendee has been changed by incorporation of section 53-A of the Transfer of Prop..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....fraud, obtained a deed of perpetual lease dated December 16, 1952 from defendant No. 1 in respect of the entire property including the minor plaintiffs' shares. But as there was no legal necessity for transfer of the property the plaintiffs, it is contended, are not bound by the ......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....s whether the appellants ceased to be co-sharers if it is established that the jama in question was split up behind the back of the appellants. In other words, whether exhibits F & G produced a legal effect on the subsistence of the appellants' interest so as to defeat their right to pre-emp....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....a Oil Company is such a company with its limited objectives of marketing petroleum. It is, therefore, erroneous to consider such company as a one-man company. This company has a distinct legal entity in the eye of law. 12. In the case Ebbw Vale UDC vs. South Wales Traffic Area Li......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 107
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....emptor was no longer a co-sharer. This was challenged in Misc. Appeal No. 148/65 and the Addl. District Judge by his order dated 7.3.70 allowed the appeal by holding that the subdivision was not legal and accordingly allowed the pre-emption case. 5. Being aggrieved by that order the ......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....s plaintiff being Title suit No. 42 of 1977 for a declaration that the final notice of claim dated 5.1.77 made by the appellant against respondent 2 for encashment of letter of guarantee is illegal and void for restraining the appellant from encasing the letter of guarantee and further, res...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....d Counsel appearing for the appellant canvassed that the High Court Division made the rule absolute by holding that the termination order was passed without any lawful authority and was of no legal effect. In view of such order the rest of the direction is without jurisdiction and is liable......ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....ement, various other allegations have been made against the respondent that he is the architect of the suit and that he being a stranger had caused lot of troubles only for the purpose of making illegal gains for sharing the najarana money, etc., that he is a man from different village, etc. ......r his death his son represented the estate. The deceased plaintiff brought the suit claiming himself as Sajjadanashin which itself is disputed and the Darbarsharif itself has not attained the status which could be said to be dedicated property for which the murids or devotees would continue..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....he stamped paper within a particular time for drawing up the decree. It, of course, lies in his interest to put in the stamp-paper for getting the decree drawn up and signed but he is not under any legal obligation to do so within a particular time. Similarly, the decree-holder is not ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....he Government of the then Pakistan 'and became a debit of the Government of Bangladesh." This Division took the view: "The imposition of the impugned tax was totally unauthorized and lacked legal foundation. It created no liability and so the question of debt does not arise," 2. In thi......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....sible for the omission and allowed the pre-emption. The order for pre-emption was set aside in appeal by the learned Subordinate Judge who held that the objector pre-emptee was under no legal obligation to furnish by affidavit the names and particulars of the let out co-sharers and th......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....cepting the statement that the applicant completed 25 years of service appeared in the notice. In his petition under Article 102 of the Constitution the appellant prayed for declaring this notice illegal and having been made without lawful authority and also for cancelling, withdrawing and/or resc...... January 1, 1972 and November 12, 1972 the appellant was appointed Director and Professor of Medicine of the Institute with effect from 19.1.71. The Government granted the appellant ad hoc rank and status of Joint Secretary in 1974 and in 1975 he was given the ad-hoc rank and status of Additional ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....rtaking transferred under clause (b) shall be deemed to have been incurred, entered into or engaged to be done by, with of for, the Bangladesh Corporation; (d) all suits, prosecutions and other legal proceedings Instituted by or against the said Corporation in relation to the undertaking tran......the Corporation. 5. Titas Gas Transmission and Distribution Company Ltd. which was incorporated in 1964 under the Companies Act, 1913, subsequently passed through different processing charging its status from a limited company to a public enterprise. In 1968 its entire share held by the EPIDC was..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....g the petitioner under section 302 of the Penal Code and sentencing him to death and the order dated 29.1.1978 confirming the sentence of death have been taken without lawful authority, and are of no legal effect; and for an order directing the respondent Nos. 2 and 3 to refrain from giving effect t......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....do or be refrained from doing any act mentioned in this Article, nor can any act done or proceeding taken by such a court or tribunal be declared to have been taken without lawful authority and of no legal effect. 11. In view of the express provisions excluding such a tribunal as dealt with the ...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
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