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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. ......:— "(1) All rights and powers or the Government under this Act or the rules made thereunder shall, subject to such condition as may be specified by the Government by order notified in the Official Gazette, be exercisable also by the Corporation " ......r disposal of the matter in accordance with law. There will be no order as to costs. Ed. ...... Jamuna Oil Company Ltd., a private limited company incorporated under the Companies Act, 1913 is required to hold the Annual General Meeting of the Members, or is a special type of 'one-member Company' established under section 8(2) of the Petroleum Act of 1974 and that Bangladesh..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. ...... Rafiqur 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). ......to costs. Ed. ......l suit. 6. In the application the defendants alleged, inter alia, that pro-forma-defendant No. 3, that is the vendor of the plaintiffs did not deposit the entire purchase money to the Society and he transferred the suit land in favour of the plaintiffs in violation ..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. ...... 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: ......fore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......s, the application under section 117 of the Act, does not show that it was signed and subscribed by the pre-emptor, rather, it shows that it was signed and subscribed by Guru Das Mondal alone, and there is nothing on record to indicate that the said application was even made to the kno..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. ......ash;For 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 ......is also Reported in: 33 DLR (AD) 305. ...... July 13, 1978. Result: The Appeal is allowed and the petition for pre-emption is dismissed. The Bengal Tenancy Act (VIII of 1885) Sec. 88A If the subdivision of the jama is done in accordance with law, the preemptor is not a co-sharer. Whether interest of the tenant subsist..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. ......ent No. 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 19......p; Division is set aside, and the application for temporary injunction rejected. Ed. ......ract. made the rule absolute by issuing order of injunction. 4. Mr. Rafiqul Huq, learned Counsel appearing for the appellant Uttara Bank, submitted that the High Court Division erroneously granted the injection when the two courts below held that the suit itself was not maintain..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....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. ...... by S.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.) Ju......edings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......rd by a Division Bench of the High Court Division and the rule was made absolute, with a direction which is as follows:— "In this connection it may be further mentioned that in view of the setting aside the impugned order the petitioner though considered to..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. ......er, Senior 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.) Ju...... is allowed with costs. Ed. ...... 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. 3. The Munsif allowed the prayer o..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. ...... 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......the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......d signed the suit itself remains pending. In Jatindra Mohan Tagore vs. Bijou Chand Mahatap AIR 32 Cal. 483 it was held: "A suit for partition, even when the report of the Commissioners is confirmed and a decree is directed to be drawn in accordance therewith, is a pending..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: ......Asrarul 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. Judgmen......cation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......se 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)
....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. ......rd — 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). ......order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......115, Civil Procedure Code was filed in which an application was made for taking an additional ground as to defect of parties in respect of a different person for the first time. It was alleged that one Mozaffar All Khan was a contiguous land holder but was no impleaded in the pre emption procee&..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. ......d Order dated 31.1.79 passed by the High Court Division in Appeal from Original Order No. 462 of 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 J......proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ...... independently of the Will or claims adversely to the testator and disputes his right to deal with the property cannot be deemed to claim 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 t..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....72. After getting several promotions since he joined service he was confirmed as Professor of Medicine on April 24, 1963, besides performing his duties he carried on research in Medical Science and published a number of articles and also books. In 1965 the appellant was appointed the Joint Directo......the High Court Division in Writ Petition No. 489 of 1980) Judgment Kemaluddin Hossain CJ.- Though I agree with the conclusion reached by the Court, that the appeal be allowed and the impugned order declared to have been made without lawful authority, and agree with the reasons given by my le...... order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......ed by the Court, that the appeal be allowed and the impugned order declared to have been made without lawful authority, and agree with the reasons given by my learned brother Munim J. in his well-reasoned judgment, yet I do not propose to declare section 9(2) of Public Servants (Retirement) Act, 1..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: ...... 1979 and 65 of 1980 Involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals. Civil Appeal No. 167 of 1979 arises from the judgment and order of a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 9, 1979....... and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ...... liberation straggle of Bangladesh Mr. Musharraf Hossain Chowdhury, Ex-Internal Auditor of Titas Transmission and Distribution Company Ltd. and the Chief Accountant of Zonal Council. South East Zone, Govt. of the People's Republic of Bangladesh is hereby appointed as the Administrative Manager..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ...... Senior 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.) J...... ...... known as Licenced Measurers Department. The appellant started its business at Chittagong and Khulna. By this only earning business, the appellant maintains all its charitable objects as mentioned in the Memorandum. These objects are non-profit making public welfare objects. 3. This ..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. ......esult the appeal is allowed in part, 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. ...... the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......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. ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....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. ......other Ruhul Islam J. Fazle Munim J. - I also concur with the judgment of my learned brother Ruhul Islam J. Ruhul Islam J. - This appeal by special leave is directed against the judgment and order dated Jane 13, 1979 passed by the High Court Division in Writs Petition No. 508 of 1979. The a......ecution 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. ......urisdiction for an order declaring the proceedings taken in passing the judgment and order dated 3.8.78 in M.L. Case No. 37 of 1978 by the Special Martial Law Court No. II, Dacca convicting the petitioner under section 302 of the Penal Code and sentencing him to death and the order dated 29.1.1978 c..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... 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. ......uption Department and on its receipt which was obtained behind the back and without the knowledge of the respondent; the recommendation was made by the Board. As a result thereof he received an order on July 1, 1976 dismissing him from service. 5. His contentious were that the findings o...... High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......of disciplined force. A court or tribunal set up under the law to deal with any matter relating to a disciplined force cannot be directed under article 102(5) to do or refrain from doing any act mentioned in the article…………..(10) No ordinary court can give protection to a member of the D..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. ......-Record--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 an...... revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......Regulation No. 1 of 1975. The allegation was that the appellant, who was the Assistant Valuation Officer of the Dacca Improvement Trust, by misusing his official power and position dishonestly in collusion with some other employees of D.I.T. and L.A.O.Section of the office of th..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. ......S.R. 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.) Jud...... Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......f 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 erroneous view that the Tribunal has no power to remand. 3. Before the Tribunal it was contend..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. ......887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte decree and the Court passes necessary orders on the application directing the applicant either to deposit the decretal money or furnish se......he result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......'s direction is filed along with the application for setting aside the ex-parte decree and the Court passes necessary orders on the application directing the applicant either to deposit the decretal money or furnish security bond, and the applicant complies with direction within the time given by th..Category: Procedural Law | Date: | Hits: 147
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