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A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ate, instructed by Md, Aftab Hossain, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No. 20 of 1980. (From the Judgment and Order dated 30.4.79 passed by the High Court Division in Company Matter No. 10 of 1979.) Judgment:......application on the finding that the relevant provisions of sections 76 and 79 of the Companies Act are not applicable to such special One Member Company like Jamuna Oil Co. Ltd. and the decision of Bangladesh Petroleum Corporation in any way at the administrative level, shall be the ..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....iqur Rahman, Senior Advocate instructed by Ghazi Abdul Mannan, Advocate-on-Record—For Respondent Nos. 1 & 2. Civil Appeal No. 114 of 1980 (From the judgment and order dated April 10, 1980 passed by the High Court Division in Civil Revision No. 222 of 1978). ......nbsp; 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 ..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
.... Ex-parte—Respondent Nos. 2 to 19 (in C.A. 145/78), Ex-parte—Respondent Nos. 2 to 14 (in C.A. 146/78). Civil Appeal No. 122 of 1977. (From the judgment and order dated 27-8-75 passed by the High Court in Civil-Revision No. 505 of 1970.) Judgment: ......er Gurudas Mondal, who, according to the suggestions made to the witness at the trial, was siding with the transferees. The learned Counsel appearing for the appellant referred to a decision of the Supreme Court of Pakistan in the case of Chandra Kumar Maladas Versus Abdul Motaleb..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....r the Appellants. Md. Yasin, Advocate, instructed by Mohd. A. Aziz, Advocate-on-Record—For the Respondents. Civil Appeal No.122 of 1977. (From the judgment and order dated 27-8-75 passed by the High Court in Civil-Revision No. 505 of 1970.) Judgment Badr......, 3rd Court, by his order dated 17.4.63 again allowed the Misc. Case. Thereafter the appellate court below by its order dated 16.-11.64 in Misc. Appeal No. 50/63 dismissed the appeal and affirmed the decision of the trial court. Then the High Court was moved in Civil Revision No. 749/64 and by its o..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
..... 1. A. Baset Mujumder, Advocate-on-Record.— For the Respondent No. 1. Ex-parte.—Respondent No. 3. Civil Appeal No. 71 of 1980. From the Judgment and order dated the 24th August, 1978 passed by the High Court Division in Civil Rule No. 652(s) of 1978. ......estraining the Russian firm from enforcing it. The Russian firm opposed those applications but the trial Court granted the temporary injunction asked for. The High Court reversed the decision and the matter was ultimately taken to the Supreme Court. The Supreme Court quoted from H..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....M. Huq, Advocate-on-Record.—For the Respondent Nos. 2 & 3. Ex-parte.—Respondent Nos. 1 & 4. Civil Appeal No. 99 of 1980. (From the judgment and order dated 28.11.79 passed by the High Court Division in Writ Petition No. 196 of 1976.) Judgment......ged the direction in question. Mr. Ahmad Sobhan referred to Article 102 of the Constitution and canvassed that such direction is not contemplated by the Constitution. He has referred to a decision of the Supreme Court of Pakistan reported in PLD 1970 SC 495. In that decision a question..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....nior Advocate A.K.M. Shafiqur Rahman with him instructed by Md. Aftab Hossain, Advocate-an-Record,—For the Respondent. Civil Appeal No. 48 of 1979. (From the judgment and order dated 25-5-78 passed by the High Court Division in Civil Revision No. 152 of 1980.) Judgment...... figured as P.W.1, in the Miscellaneous case No. 60 of 1963 which was filed against the order of the Wakf Commissioner for recording the plaint schedule properties as Wakf properties. In that decision it was declared that the Darbarsharif and the mosque are not subject matter of the wa..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
.... Ex-Parte. —Respondents Nos. 12, 16 & 17. M.H. Khondker, Senior Advocate. —Amicus Curias. Civil Appeal No. 90 of 1980. (From the Judgment and order dated the 31.7.79 passed by the High Court Division in S.M.A. No. 6 of 1970.) Judgment ......r 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 Cal. 351, reversed the Munsif&rsqu..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....l Hossain Senior, Senior Advocate with C.R. Ali, Advocate, instructed, by Abu Bakkar, Advocate-on-Record—For the Respondent. Civil Review Petition No. 3 of 1980. From the judgment and order dated 30.11.1978 passed by the Appellate Division to Civil Appeal No. 108 of 1978. Judgment ...... to show that the declaration (s) made be the assessee under this Regulation are false these will be rejected. The Assessee will have, however, the right to ask for an administrative review of this decision by the Central Board of Revenue. If his prayer is accepted his return etc, will be proces..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....ash; For Respondant No. 1. Exparte— Respondents Nos. 2(i) to 2(iv) & 3 to 11 & (i) to 12(v) & 13. Civil Appeal No. 36 of 1980. (From the judgment and order dated March 24, 1977 passed by the High Court Division in Civil Revision No. 928 of 1973). J...... to the proceeding and on such findings reversed the Munsif’s order. In revision under section 115, Civil Procedure Code. The learned Single Judge of the High Court Division relying upon the decision of his Division in Motilal Sikder vs. Binodini Dasi 28 D.L.R (AD) 5 held that the “l..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....dvocate, instructed by M. R. Khan, Advocate-on-Record-For the Appellant. B.C. Panday, Advocate-on-Record—For the Respondents. Civil Appeal No. 97 of 1980. (From the Judgment and Order dated 31.1.79 passed by the High Court Division in Appeal from Original Order No. 462 of 1976.) ...... title can be raised, for the question of title can be raised and determined only in a separate suit. He has further submitted that a third party, such as the respondent lessees, being not bound by a decision in the probate proceedings, are at liberty to question the testator's title in a separate..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ey-General and A.K. Bhuiyan, Deputy Attorney-General with him, instructed by B. Hossain, Advocate-on-Record. —For the Respondents. Civil Appeal No. 122 of 1980. (From the Judgment and Order dated 29-7-1980 passed by the High Court Division in Writ Petition No. 489 of 1980) Judgment ......scriminatory manner; (iv) discretionary power was not necessarily discriminatory and abuse of discretion was not to be easily assumed where discretion vested in the Government; (v) a long series of decisions of superior Courts in India and Pakistan upheld the discretion of the Government to orde..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
.... instructed by M, R. Khan, Advocate-on-Record—For the Respondents 1 & 2. Not represented—Respondent Nos. 3 & 4. Civil Appeal Nos. 169 of 1979 & 65 of 1980. (From the Judgment and Orders dated 19-7-79 and 8-1-1980 passed by the High Court Division in Writ Petition No. 471 of 1979 and 17......rounds of termination. 38. The appellant, being aggrieved by the aforesaid judgment and order of the High Court Division, moved this Court and obtained leave to consider the applicability of the decision to be given by this Court upon a similar question upon which leave had earlier been granted..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....r Advocate, with S. C. Das, Advocate, Instructed by A. Rab-II, Advocate-on- Record.—For the Respondent Nos. 3 & 4. Civil Appeal No 36 of 1979 (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) Judgmen...... vested in the person, he can be deprived of that right by a capricious or arbitrary executive fiat, without being challenged as being violative of the principles of natural justice. An unjust decision of an administrative authority affecting adversely the right of a person can be scrut..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......ue of the notification of 3rd December, 1965 the transfer even by a Will was prohibited, and so the prayer for grant of Letter of Administration could not be sustained and in view reversed the decision of the trial Court and allowed the appeal and dismissed the suit and the question set out ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ney-General (AW Bhuiyan, Assistant Attorney General with him) instructed by B. Hossaion, Advocate-on-Record.—For the Respondents. Criminal Appeal No. 2 of 1980. (From the Judgment and Order dated 13.6.1979 passed by the High Court Division in Writ Petition No. 508 of 1979) Judgment ......Appeal No. 2 of 1980. (From the Judgment and Order dated 13.6.1979 passed by the High Court Division in Writ Petition No. 508 of 1979) Judgment Kemaluddin Hossain CJ. - I concur with the decision of my learned brother Ruhul Islam J. Fazle Munim J. - I also concur with the judgment ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....ecord—For the Appellants. S. K. Pal, Senior Advocate, instructed by Md. Aflab Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 96 of 1978. (From the Judgment and Order dated 6-12-77 passed by the High Court Division in Writ Petition No. 507 of 1976.) Judgment ......ain from doing any act mentioned in the article…………..(10) No ordinary court can give protection to a member of the Defense Services or of any disciplined force in case he challenges the decision of the authority under which he serves……….(13) The tribunal being empowered by la..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....d--For the Respondent. (In both the Appeals). Syed Ishtiaq Ahmed, Senior Advocate—Amicus curiae. Criminal Appeal Nos. 22 and 23 of 1997. (From the Judgment and order dated 13-8-79 passed by the High Court Division in Criminal Revision Nos. 94 of 1979 and 61 o......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. ..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....Pal, Senior Advocate (S.C. Das, Advocate with him), instructed by Aminul Huq, Advocate on Record—For Respondent No. 1. Civil Appeal No. 88 of 1980. (From the judgment and order dated 21-11-1979 passed by the High Court Division in Writ Petition No. 60 of 1976.) Judgment:......ment of the Tribunal directing rehearing of the case by the Arbitration 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 substa..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....rom the judgment and order 10-6-77 passed by the High Court in Civil Revision No. 396 of 1970). Judgment Ruhul Islam. - This appeal by special leave arises from the judgment of the High Court dated June 10, 1977 in Civil Revision No. 396 of 1974. 2. A short question has been raised in th......". 6. Proviso to sub-section (1) of section 17 of the Small Cause Courts Act is couched in such a language that in the matter of its interpretation there has been some sharp controversy. In some decisions it has been held that the requirement of making deposit in the Court the amount due from t..Category: Procedural Law | Date: | Hits: 147
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