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Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......under section 501 of the Bangladesh Penal Code. The said respondent was convicted by a Magistrate, First Class Sylhet and sentenced to six months simple imprisonment. His appeal before the Sessions Judge was also dismissed. Thereafter, he moved the High Court Division and the rule in Criminal Rev..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... 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. ......Munim J.- This appeal arises from the judgment of a Bench of the High Court Division passed in First Miscellaneous Appeal No. 15 of 1975 on April 15, 1975, reversing the judgment of the Subordinate Judge, Third Court, Dacca, in Miscellaneous Case No. 247 1973. 2. Appellant Abdur Rouf file..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....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. ...... company, and this parent company is not responsible for its acts or defaults, in the absence of special provisions in some contract between the parties.” 13. The learned Company Judge observed that company was for all practical purposes one man company and therefore it would ..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......; Ruhul Islam J.- This appeal by special leave is directed against the judgment of the High Court Division in revision affirming the decision of the Subordinate Judge, Dacca, dismissing the application filed by the appellants under Order VII, rule 11 of t..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......p; Ruhul Islam J.- These appeals by special leave arise out of the judgment and order dated April 20, 1978 of a Single Judge High Court Division in Civil Revision Nos. 1386-1389 of ]975. The learned Judge discharged th..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....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. ...... Badrul Haider Chowdhury J.- This appeal by special leave arises out of a judgment and order passed by High Court in Civil Revision No. 505/1970 affirming those passed by the Additional District Judge, Comilla in Misc. Appeal No. 148/65 which reversed those passed by the Subordinate Judge, 3rd ..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... 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. ......tion for injunction for restraining the respondent 1 for making demand and restraining respondent 2 from honoring the demand for encashment to the letter of guarantee. The learned Single Judge took the view that whether the suit is maintainable or not will be gone into at time of the h..Category: Banking Law | Date: | Hits: 130
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......etc., that he is a man from different village, etc. 3. The Munsif allowed the prayer of the respondent to be substituted as plaintiff. An appeal was preferred before the learned Subordinate Judge being Miscellaneous-Appeal No. 49 of 1972. The appellate court below allowed the appeal and d..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....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. ......issed the objection petition under section 47, Civil Procedure Code holding that limitation would start in this case from May 22, 1965 when the decree was drawn and signed. The learned Subordinate Judge in appeal, relying on the decision in Koshers Mohan Pal vs. Proves Chandra Manual AIR 1924 C..Category: Procedural Law | Date: | Hits: 106
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....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. ......om a Judgment and order of the High Court Division dated March 24, 1977 allowing pre-emption under section 96 of East Bengal State Acquisition and Tenancy Act on setting aside order of Subordinate Judge and restoring that of the Munsif in Miscellaneous case No. 214 of 1970. 2. Respondent ..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......1976.) Judgment Shahabuddin Ahmed J.- This appeal by special leave is from the judgment and order of the High Court Division refusing to interfere with a judgment and order of the District Judge allowing addition of parties to a probate proceeding under section 283(1) (c) of the Success..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......untarily retired. In his supplementary affidavit-in-reply the appellant mentioned that those doctors voluntarily retired because they obtained lucrative jobs in foreign countries. 11. The learned Judges of the High Court Division, after hearing the parties, discharged the Rule on July 29, 1980. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......ion by a three months' notice. It was denied that the appellant’s service was terminated in i971. 9. After hearing the parties, the rule obtained by the appellant was discharged by the learned Judges of the High Court Division on the grounds that the principle of natural Justice was not avail..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....hich was confirmed on 21.9.78. it appears that a mercy petition was filed by the appellant on 27.9.78 under sections 401 and 402 of the Code of Criminal Procedure and a report was called for from the Presiding Judge of the trial Court under section 401(2) of the Code of Criminal Procedure on 16.10.7......h much reliance has been placed by Mr. M.H. Khondker lends any real support to the contentions raised by him. On carefully going through the decision in Asma Jilani's case it appears that the learned Judges of the Supreme Court of Pakistan have not followed the view taken in the case of State vs...Category: Constitutional Law | Date: | Hits: 292
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ...... 13-8-79 passed by the High Court Division in Criminal Revision Nos. 94 of 1979 and 61 of 1979). Judgment: Ruhul Islam J. -These two Criminal Appeals by Special Leave arise from the Judgements and orders dated August 13, 1979 passed by a Division Bench of the High Court Divis..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......on Court afresh suffers from clear want of jurisdiction and was made without lawful authority and of no legal effect. This decision is under challenge in this appeal on the ground that the learned Judges committed a substantial error of law in setting aside the judgment of the Tribunal on an err..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ...... of the Code of Civil Procedure for restoration of the suit on setting aside the ex parte decree. He also filed a petition praying for time for furnishing required security bond. The learned S.C.C. Judge allowed time to the respondent to furnish the security bond by 25-9-73 and fixed 14-11-73 for ..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......n. It was revalidated on payment of required stamps. 5. The point arising in this appeal has been set out earlier. Before dealing with the basic question an observation made by the learned Single Judge of the High Court Division to which the learned Attorney- General has taken exception to as ..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......h the pre-emption case under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The short question for consideration in this appeal is whether the learned Single Judge of the High Court correctly appreciated the ratio decidendi of the decision of this Court..Category: Property Law | Date: | Hits: 73
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......fore the same Bench by the Respondent, Dacca improvement Trust praying for re-hearing of the Writ Petition after setting aside the judgment of July 12, 1279. On this application on 1-6-79 the learned Judge, passed the following order: "Heard Mr. A. Hossain Khandker and perused this applicatio..Category: Constitutional Law | Date: | Hits: 160
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