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Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. .....................Appellant Vs. Debendra Nath Dutta ……………………...........Respondent Judgment. April 9, 1980. Lawyers Involved: Ahmed Husain, Senior Advocate instructed by Aminul Huq, Advocate-on-Record..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....not be annulled by the landlord under section 167, B.T. Act. In support of these contentions Mr. Khandaker has, of course, referred to a great number of decisions; but before we consider the principle of law formulated in those decisions we propose to look into the relevant facts of t......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......ip;……………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment April 16, 1981 Lawyers Involved: M.H. Khandkar, Senior Advocated instructed by B.C. panday Advocate-on-Reco..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....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. ......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. ......ar Bose and another.....................Appellant Vs. Syed Shamsuddin Ahmed and another…………….Respondents Judgment April 22, 1981 Lawyers Involved: S.R. Pal, Senior Advocate, Md. Yasin, Advocate, with him, instructed ..Category: Property Law | Date: | Hits: 54
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. ......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. ......vs. L.O. Reilfy. 17 C.W.N.; Sanjibi Raddy vs. Konary Raddy, 1926 I.L.R. 49 Mad. 315; Ahmedbhai vs. Framji (1903) I.L.R. 28 Bom 228; Golapjan vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888. Lawyers Involved: Md. Nurul Huq, Advocate-on-Record—For the Appellant. ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....ith a notice to the appellants, it might be argued that the mutation was binding upon the appellants but the non-service of notice of the mutation case has not only resulted in the violation of the principles of natural justice so far as the appellants are concerned but is in direct viola&sh....... 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. ......rs…………………….Appellants Vs. Ahmuda Khatun and others...................Respondents Judgment July 10, 1978. Lawyers Involved: T.H. Khan, Senior Advocate instructed by S.M. Haq, Advocate-on-Record&mdas..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. ......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. ......ellip;..Appellant. Vs. Registrar of Joint Stock Companies, Dacca…………………. Respondents Judgment November 24, 1980. Lawyers Involved : Amirul Islam, Advocate, instructed by Md, Aftab Hossain, Advocate-on-Reco..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. ......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. ......lip;……………………………………………Respondent Judgment March 10, 1981. Lawyers Involved: Hamidul Huq Chowdhury, Siddique Ahmed Chowdhury, Senior Advocates, with A..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. ......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. ......pellants. (For all the appeals) Vs. Rakhal Chandra Mondal and others..........................Respondents (In C.A. Nos. 143 to 146 of 1978) Judgment June 7, 1979. Lawyers Involved: Khandkar Mahbubuddin Ahmed, Advocate, K.S. Nabi, Advocate (on 6.6.79) inst..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....a division of a holding under section 88A and "no such order shall be passed unless reasonable notice has been given to the parties concerned to appear and hear in the matter" is correct in principle but this is essentially a question of fact whether all the co-sharers tenants were served ......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. ......fizan Bibi & ors vs. Naji Farid Kazi and ors, 18 D.L.R(Dacca) 281; Chandra Kumar Maladas vs. Abdul Motaleb and ors, 19 DLR (SC), 36; Wilkinson Vs Banking Corporation (1948) 1 KB, 721 (724). Lawyers Involved: K.A. Bakr, Attorney General, instructed by A, Baset Majumder, Advocate&mdash..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....the suit itself was not maintainable. Further, the transaction being essentially a commercial transaction. Court should not have interfered by passing an order of injunction without considering the principle of balance of convenience and inconvenience. Mr. Huq submitted the dispute is between two...... concerned to see whether the event has happened upon which its obligation to pay has arisen." 9. The Court of Appeal in the case of Edward Owen Engineering Ltd. vs. Barclays Bank International Ltd. and Umma Bank Lloyds Law Reports (1978) Vol. 1. Page 166, Lord Denning M.R. obse......ip;………Appellant Vs. Macneill and Kilburn Ltd. and others……………….Respondents Judgment Aug. 8, 1981. Lawyers Involved: Rafiqul Huq, Senior Advocate, with T. Islam, Advocate instructed by B. Bo..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....two conditions, namely, that a Government servant cannot without permission of the Government serve any other Master or be engaged in any other business and, consequently, because, on general principles a person cannot be allowed to reap double benefit. This decision in the case of Pakistan......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. ...... Hasan Imam Chowdhury........................... Appellant Vs. Govt. of Bangladesh and others................. Respondents Judgment March 23, 1981. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by Aminul Huq, Advocate-on-Recor..Category: Employment/Service Law | Date: | Hits: 101
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. ......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. ......dan Meah Chowdhury ..........................................Respondent Judgment June 4, 1980. Case Referred to- Ramsarup Das vs. Raeswar Das, AIR 1950 Patna 184. Lawyer Involved: Ahmed Sobhan, Senior Advocate instructed by Aminul Huq, Advocate-on-Record...Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....d; and an order directing a party to be added under section 32 of the Civil Procedure Code (1908) can be made in such a suit before it has actually terminated." According to the principle laid down in that case it is the drawing and signing of the decree on a stamped-paper in ......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. ...... Balmakund Marwary 29, C.W.N. 391; Jatindra Mohan Tagore vs. Bijou Chand Mahatap AIR 32 Cal. 483; Raghubir Sahu vs. Ajodhya Sahu A.I.R 1945 Pat. 482; Ram Rattan vs. Parma Nand 50 C.W.N. 367. Lawyers Involved: A.W. Mian, Advocate-on-Record.—For the Appellants. Shafiqur ..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....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: ......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: ....... Mullick Brothers…………………………………………..Respondent Judgment February 2, 1981. Result: The review application is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Senior Advocate, with Muzammel Huq Bunyan, Rabia Bhuiyan, Advocate..Category: Fiscal/Taxation Law | Date: | Hits: 98
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. ......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. ...... Vs. Durjan Ali alias Siddique Hossain and others………………………..Respondent Judgment February 23, 1981 Lawyers Involved: Anil Chandra Sarker, Advocate, instructed by B.C. Pandey, Advocate-on-Reco..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. ......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. ......any interest in the estate of the deceased. Since the petitioners does not claim interest through the testator they got no locus Standi to be added as a party to the probate proceeding……..(8) Lawyers Involved: Md. Abdul Rouf, Advocate, instructed by M. R. Khan, Advocate-on-Record-For the..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....nstitutional, if the case in which the question is raised can be properly disposed of in some other way. I, therefore, refrain from striking down the section as unconstitutional in adherence to the principles set out herein. Fazle Munim J.- This appeal arises from the judgment and order of 3 ......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. ......ara Singh vs. State of Rajasthan AIR 1975 S.C. 1487: Shearar vs. Shield 1914 A-C. 80S; Sev Charan vs. State of Mysore AIR 1965 S.C. 280; Bisnunrayan vs. State of Uttar Pradesh AIR 1965 S.C. 1967. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam, Jamiruddin Ahmed, K.Z. Al..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....he Corporation. Future, he denied that there was any contract with respondent No. 1 under which he may terminate his service; and the order of termination was mala fide and passed in violation of the principles of natural Justice. 3. Some background is necessary to understand the position inter......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: ...................................Appellant (In C.A. 65 of 1980). vs. Eastern Refinery Ltd. and others.....................................................Respondent Judgment June 12, 1980. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by A. Backkar, Advocate-on-Record..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... agent of Steamer and Vessels. The learned Judges also held that the appellant has not been penalized for any misconduct and even If by the impugned order the appellant "was penalized yet the principles of natural Justice would not be applicable in this forum as the impugned order has been ...... any lawful authority. Ed. ......ngladesh Steamer Agents Association...............Appellant Vs. Bangladesh & ors .............................................Respondent Judgment May 31, 1979. Lawyers involved: Hamidul Huq Chowdhury, with Asrarul Hussain, Senior Advocates, Md. Khalilu..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....69 and the further question was whether the doctrine enunciated in the case of State vs. Dosso was correct. So far as the second question is concerned the learned Judges have taken the view that the principles laid down in Dosso's case that "where a Constitution and the national legal order under ......of the Constitution vis-a-vis the power of the Chief Martial Law Administrator according to the learned Judges, the decision in Dosso's case is not based upon correct enunciation of the principles of International Law attributed to Hans Keisen's theory. They have commented that the doctrine enunci......ration of Pakistan vs. Saeed Ahmed, PLD 1974 (SC) 151, State vs. Dosso (1959) 11 DLR (SC) 1; PLD 1958 (SC) 533, Nusrat Bhutto vs. Chief of Army Staff and Federation of Pakistan, PLD 1977 (SC) 657. Lawyers Involved: MH Khondker, Senior Advocate (Kh. Mahbub Hossain, Advocate with him) instructe..Category: Constitutional Law | Date: | Hits: 292
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