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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. ......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. ......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 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 the Rules refusing to interfere against the judgment and order of the Additional Dis­trict Judge, S......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)

....ivision was not legal and accordingly allowed the pre-­emption case. 5. Being aggrieved by that order the High Court was moved and in Civil Revision No, 505/70 the High Court discharged the Rule by holding that the Revenue Officer had not acted in accordance with law and the subdi­visi......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)

....ndent 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. Judgment:          &......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)

....f the parties claiming the salary for the period of dismissal or for that matter contending that the appellant is disentitled to such salary owning to his occupation during the period in question. Rule 301 of the Service Rules is in the following terms:— "Any authority who...... 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)

....lved upon his legal heirs which include the defendants 1-4. 4. Thereafter the revisional  application was filed being Civil Revision No. 152 of 1973 and the High Court Division made the Rule absolute holding, inter alia, that Sajjadanashin instituted the suit in his official and repre......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)

....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: ....... 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)

.... Order 1, Civil Procedure Code. It was further observed that by virtue of section 141 of this Code the provisions of Order 1 are applicable to a pre-emption proceeding which is of original nature. Rule 9 Order 1, C.P.C Code provides that “No suit shall be defeated by reason of the mis-join...... 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. ......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)

....ion the appellant prayed for de­claring this notice illegal and having been made without lawful authority and also for cancelling, withdrawing and/or rescinding it. Subsequent to the issuance of the Rule the appellant amended the Writ Petition by adding the prayer for giving direction to reinstate ......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)

....f the respondent No. 1 Company and never an employee of the Bangladesh Minerals Oil and Gas Corporation (Petrobangla): that even thought under the provisions of Ordinance No. LXXXVIII of 1976 and the Rules framed by the Government thereunder, the services of such officers and other employees of any ...................................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)

....ellant unsuccessfully challen­ged the said order dated 16-9-78 by an appli­cation under Article 102 of the Constitution. The Division Bench, of the High Court Division while discharging the Rule issued earlier held that the appellant did not acquire any vested right to run the Licensed Me......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)

....s explained, such acts, orders or proceedings could neither be done in the exercise of powers derived from the President’s Orders, Martial Law Regulation Marti Law Orders, Enactments, Notification, Rules, Orders or Bye Laws, or even in the purported exercise of these powers.' 27. Asma Jilani's......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

Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)

.... on July 1, 1976 dismi­ssing him from service. 5. His contentious were that the findings of the Screening Board violated the provisions of Articles 5 and 7 of the aforesaid President's Order and Rule 7 framed thereunder and also that the Board violated the principles of natural Justice in not d......an application under Article 102 of the Constitution against the Screening Board dealing with the respondent who belongs to the disciplined force as defined in the Constitution………….(15,16) Lawyers Involved: B. B. Roy Chowdhury, Assistant Attorney General, instructed by M. R. Khan, Adv..

Category: Employment/Service Law | Date: | Hits: 102

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. ......p;……………………………………………..Respondent Judgment January 14, 1980. Lawyers Involved: Abdul Hamid Advocate instructed by Aftab Hossain, Advocate-on-Record&mdash..

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. ............................................Appellant Vs. Jatindra Lal Chowdhury and others....................................Respondents Judgment December 11, 1980. Lawyers Involved: B.B.Roy Chowdhury, Senior Advocate instructed by Abdur Rab-II, Advocate o..

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. ......) 50 Indian Case 917, AIR 1931 Lah. 332, Jogir Ahir vs. Bishen Dayal (1891) 18 Cal, Somavhai Premchand vs. Wadilat Premchand 83 (1907) 9 Bom LR 883,—Jeun Muchi vs. Budhiram Muchi, 32 Cal. 339, Cal. Law Journal 143, Suraj Prosad vs. Baldeo, AIR 1928 All. 111, 50 All. 254, Gedi Mai vs. Huna Mal, 19..

Category: Procedural Law | Date: | Hits: 147

Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)

...., Advocate-on-Record.—For the Ap­pellants. S.M. Huq, Advocate-on-Rccord.—For the Respondents 3-7 and 9-11. K.A. Bakr, Attorney-General, instructed by B.Hossain, Advocate-on-Record.—Under Rule 1, Order XLV S.C. (A.D.) Rules, 1973. S.R. Pal, Senior Advocate. — Amicus Curiae. Civil......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Appellants Vs. Babr Ali Bepari and others......................................... Respondents Judgment August 27, 1980. Lawyers Involved: M.G. Rabbani, Advocate, instructed by B.C.Panday, Advocate-on-Record.—For the..

Category: Others | Date: | Hits: 128