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Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
....the Vice-Chancellor of Rajshahi University to make an ad-hoc appointment of an Assistant Professor in the Law Faculty of Rajshahi University on the ground that the Vice-Chancellor was not empowered to make such appointment within the four corners of the provisions of sub-section 5 of secti......f Rajshahi University under Sub-section 5 of section 12 of Rajshahi University Ordinance XXVI of 1973. This order of ad-hoc appointment of Dr. Shah Alam by the Vice-Chancellor was not acceptable to Dean of Law Faculty of Rajshahi University who challenged such order by way of institution of a s...... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ...... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....e and also restraining the respondent Nos. 2—7 who are the other directors of the Company from participating and voting in the said annual general meeting on behalf of and/or as proxy and/or as powers of attorney of the said respondent Nos. 8, 9 and 11. 3. On the date that the application.......................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatlantic Life Assu......e contrary is proved, every general meeting of the company or meeting of the Board of Directors in respect of the proceedings whereof minutes have been so made shall be deemed to have been duly, called and held, and all proceedings had thereat to have duly had The onus is on the petitioners to ......nction restraining the respondent No. 11. Sigma International Inc and their two Directors, respondent No. 8 J Ichii and respondent No. 9 T. Tsuruta from participating and voting in the annual general meeting of the respondent No.1 company which was due to be held on 22.9.83 or on any other meeting o..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....ourt considers that there is no sufficient ground for proceeding against the accused, then it shall discharge the accused and record the reasons for so doing U/S 265C Cr.P.C. A Magistrate has similar power U/S 241A Cr.P.C. 5. After a charge is framed and the accused pleads not guilty to th.............Petitioner Vs. Abul Kashem & others.............................Opposite-Parties Judgment November 19, 1983. Result: The Rule is absolute. Cases Referred to- Mobarak Ali Gazi Vs. Mokbul Sardar, 23 DLR 96. Lawyers Involved: Md. Ansar Ali&md...... Procedure maintained a distinction between summons cases and warrant cases it was the settled law with regard to trial of a warrant case that it was not the complainant but the Court's duty to recall the prosecution witnesses and therefore the Court could not acquit the accused simply on t......et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)
.... of this Order, were pending in any court shall, on such commencement abate.” 3. It is clear, therefore, that in respect of scheduled industrial enterprise the Courts cessed to possess any power of winding up which became a special preserve of the Government. Even winding up proceeding pe...... Court High Court Division (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abdul Hamid.........................................Petitioner Vs. Dbakeswari Cotton Mills Ltd. & others ............Respondents Judgment November 16, 1983. Resul...... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54. ...... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54. ..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....e under sections 147/148/325/323 Bangladesh Penal Code read with section 4 and 5 of the Explosive Substance Act as well as 14 of the Special Powers Act. According to him the Sessions judge has got no power to try the case. According to him the Sessions Judge is not competent to try the offences alle......ip;…………………………Opposition Party Judgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- M.G. Towab Vs. The State, 34 DLR page 390. Lawyers Involved: M. A. Aziz— Fo......iz— For the Petitioners. M. S. M. Nazirul Islam— For the Opposite Party. Criminal Revision No. 30 of 1983. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Khulna and the Opposite Party to show cause why the proceeding......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....f the District Board or the Government have not yet framed any rules governing the terms and conditions of service of the employee appointed under Works Programme then the appointing authority has no power to dismiss such employees without framing rules. In other words, Mr. B.B. Roy Choudhury i......ase is also Reported in: 36 DLR (1984) (HCD) 71 ...... the first order of transfer the learned Subordinate Judge held that the plaintiff was deputed to the post of Assistant Accountant as a measure of punishment. He was not heard nor any explanation was called for from him before such an order was passed. The post of Assistant Accountant, Dis......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....ar only as they are not inconsistent with the provision of this Act, shall apply to the proceedings of Special Tribunals. To prevent the abuse of the process Although this Court has no power to revise any order, judgment or sentence passed under the Special Powers Act but this Court h...... Rahman J Syed Md. Ali J Abul Hossain & others............................Petitioners Vs. The State.............................................Petitioner Judgment October 25, 1983. Result: The Rule is made absolute. Section 29 of the Special Powers A......ttorney-General—For the State. Criminal Revision No. 287 of 1983. Judgment Mohammad Habibur Rahman J.- This Rule was issued under section 561 A of the Code of Criminal Procedure calling upon the Deputy Commissioner, Chittagong to show cause as to why the judgment and order pass......P.M. accused petitioners Abdul Jalil; Nurul Amin, Sagir Ahmed and Kala Mia called deceased Abdur Rashid alias Md. Petan to go out with them to the house of accused petitioner Abul Hossain to attend a meeting for discussion about the paddy cutting case brought by Madhu alias Monoranjan. Deceased Abdu..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....ion was bad in law and accordingly quashed. 5. Mr. Fazlul Karim. learned Advocate for the petitioner, has sought to contend mainly that the learned Sessions Judge illegally usurped the power of the learned Magistrate in deciding the question of possession of the proceeding land a...... A.T.M. Afzal J A.B.M. Hassan Kabir.......................................Petitioner Vs. Umesh Chandra Dey & others.......................Opposite Party Judgment October 19, 1983. Result: The rule is discharged. Lawyers Involved: Fazlul Karim&m...... (A) of the Code of Criminal Procedure. 4. The learned Sessions Judge is the impugned Judgment, inter alia, found that in the petition of complainant the 1st party petitioner did not specifically mention about his possession in the disputed land, that the petition indicates that altho......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....Admiralty Suit was not admitted at all by this Court. Secondly, the defendants were not served with any notice of the said suit. Thirdly, the defendants did not enter appearance in the suit by filing power. Therefore, he submits, whether or not the order dated 8.8.83 would be reviewed would be a mat...... ......unintentional. The delay in filing the review is condoned. 13. In the premises aforesaid the application for review is allowed. The order dated 8.8.83 passed in Admiralty Suit No.12 of 1983 is recalled and it is ordered that the following order be substituted in place of the order dated 8.8.198......er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ......ction) Present: Mustafa Kamal J M/s. A.B. Biscuit Co. Ltd.......................Appellant Vs. Haque Brothers Ltd...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain Internation...... Concise Oxford Dictionary. It means "Plain Bun", "Small flat Cake", "Biscuit". The word 'Cookie' therefore is descriptive of the product. The plaintiff does not call its product as simple 'Cookie', but 'Mr. Cookie'. The constant reference to the......ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
....t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ......mal J M/s. A.B. Biscuit Co. Ltd..........................................Appellant Vs. Haque Brothers Ltd................................................Respondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain Intern...... Concise Oxford Dictionary. It means "Plain Bun", "Small flat Cake", "Biscuit". The word 'Cookie' therefore is descriptive of the product. The plaintiff does not call its product as simple 'Cookie', but Mr. Cookie. The constant reference to their product......t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....fering with any measure designed to implement any development plan or programme or any development or public works or being otherwise harmful to the public interest is sine qua non to the exercise of power of granting temporary or ad-interim injunction-Omission on the part of the District judge to r......substantive right and its scope, extent manner and forum are circumscribed by the statute which confer such right-Review on the ground of discovery of new and important matter or evidence as referred to in rule 1 or the existence of a clerical or arithmetical mistake or error apparent on the face of......ant No.1 Dhaka Municipal Corporation got the first opportunity to file a written objection against the plaintiff's prayer for temporary injunction and status quo. The Municipal Corporation specifically stated in Paragraph 5 of its written objection that the application for temporary injunction i......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....claim of various owners the Cantonment Board published a final list on the 12th August, 1972 wherein the holding No.40 Mohakhali (i.e. the premises were not declared as abandoned by the authority empowered to do so. It was further denied in the Memo, under reference that the Naval Headquarters ......……………………Petitioner Vs. K.M.J. Akbar, Commodore & others……………..Opposite-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corporation Vs. Masood Raza and others, 30 DLR (SC) 169, G......y accommodation. The accused petitioner Maqsood Alam is the son of the non-local original owner of the premises in question. He withheld or failed to produce any legal document of title upon repeated call. It is not stated who gave the call and when he failed to produce. It is stated that he had no ......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....n never be decided in a S.C.C. suit. Indeed section 23 of the S.C.C., Act gives discretion to the S.C.C. Court to return plaint in a suit involving question of title under certain circumstances. This power is in terms discretionary and it has been held in very many cases that the section clearly ind......n & others………………………..Opposite Parties Judgment May 12, 1983. Result: The rule is discharged. Cases Referred to- Abdus Sattar and others, 32 DLR (AD) 170. Lawyers Involved: Nazrul Islam Chowdhur......r that such a tenant may be ejected at any time without demand of possession. In the light of the aforesaid principle it is clear that the petitioner had neither any independent interest nor could be called a trespasser as was sought to be argued by his learned Advocate at one stage of his argument....... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....his Regulation is ultravires of the proclamation and mala fide and as such this Court can proceed with the present contempt matter. 8. The proclamation of Martial Law of March 24, 1982 clearly empowers the Chief Martial Law Administrator to make from time to time Martial Law Regulations, orders......li, Advocates— For the Petitioners. Daliluddin Ahmed, Advocate with Akram Hossain Amin, Altafur Rahman and Md. Sajjad Ali, Advocates — For the Contemners. Sultan, Ahmed Deputy Attorney General as Amecus Curie. Civil Revision No. 36(w) of 1983. Judgment Latifur......vocates — For the Contemners. Sultan, Ahmed Deputy Attorney General as Amecus Curie. Civil Revision No. 36(w) of 1983. Judgment Latifur Rahman J.— A Rule was issued calling upon the opposite parties to show cause as to why they should not be prosecuted or proceeded......s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....ter's daughter Charu Bala, defendant No. 3, for assisting her in the seba-puja. Before her death she created in collusion with defendant No. 3, a will. Defendant No. 3 obtained a probate and gave power of attorney to defendant No.1; Anil Kumar Sarkar, who on the basis of the power of Attorney cr......title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A. Khatian No. 52 of Mouja Porrah, P.S. Manikganj is a debuttar property belonging to the deity...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....ower appellate Court which is a final court of fact cannot be interfered by the High Court in it's jurisdiction under sections 100 and 115 of the C.P.C. i.e. in exercising the power in appeal as well as revision. In the present case the fact arrived at by the lower appellate ......an Halder..................Appellant Vs. Shubbadra Bachar & others............Respondent Judgment March 23, 1983. Result: The Appeal is dismissed Cases Referred to- Mohendra K. Roy Vs. Akbar Mollah (1977) 2 DLR 6; AIR Mys. 1960 page 260; (1977) 29 DLR 239 ...... the High Court will not interfere with the findings in Second Appeal.” In the present case it appears that the learned lower appellate court on consideration of material on record categorically found that the transfer in question was for legal necessity which finding being a finding of f......d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....d that the order of the learned Magistrate dated 21-10-81 directing payment to the opposite parties, being the first party in the proceeding was competent and it was passed legally in exercise of the power conferred on the said Magistrate by law and the said order having been passed with lawful auth...... Judgment March 9, 1983. Result: The Rule is discharged. Disputed Question of Title A proceeding under section 145 of the Code of Criminal Procedure is not a proceeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Pr......irst party should refund the money which was drawn. Against that a Criminal Revision No.8 (1) of 1981 was preferred by the other party before the learned Sessions Judge and on 7-2-81 the records were called for. The learned Magistrate however finally disposed of the proceedings under section 145 of ...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
...., Pati Ram, defendant No. 2, inherited the property and possessed it in the same way. Defendant No. 2 executed a Power of Attorney dated 2-1-51. Ext. 1, in favour of one Sekandar giving him full power to transferred the suit land and Sekandar accordingly transfer the suit land consisting of all......represented by his legal heirs Golenur & others…………… Respondent Judgment March 9, 1983. Result: The appeal is dismissed. Cases Referred to- Midnapur Zamindary Company Vs. Uma Charan, AIR 1923 PC 187; Durga Chowdhurani Vs. Jewahir S...... mutation he cannot pay rent. The High Court Division further found that although the plot numbers were not mentioned in the receipts, other particulars including the exact amount of rent were specifically mentioned there and that this fact established connection between them and the plots in questi......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......committed. Such oral confession was also not supported by any independent witnesses and cannot be believed. Fabricated False Evidence and False Statement of Murder The Prosecution failed to prove the allegation of murder by any of the accused. On the other hand it was proved that the ac......at on 29th Bhadra, 1386 B.S. corresponding to 15-9-79 at about 9 P.M. informant Binode returned from hat when he was informed by the wife and son of his elder brother Jitendra that accused Jogesh had called and taken away Jitendra to attend a salish at the house of accused Haripada and Jitendra had ......mant was again informed that Jitendra had not returned still. Then the informant went to the house of accused Jogesh and enquired of Jitendra when accused Jogesh told him that Jitendra had attended a meeting held in the previous night in the house of accused Haripada along with accused Sudhir and Jo..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
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