Search Options
Judgment Advanced Search
Displaying 841-860 of 3806 results.
....withdrawals on certificated bills. In case of refusal of plaintiff No. 1 to subscribe his signature on the cheque in respect of such disbursements/withdrawals, defendant No. 1 will have the power to withdraw the accounts under certificated bills under his signature.
(7) Civil Appeal N......ioners
Vs.
Mujibur Rahman Sikder alias M. R. Sikder & others..............Respondent
Judgment
February 1, 1983.
Result:
The petition is allowed.
Cases Referred to-
Matilal Ghose and others, 45 Cal. 165; Onish Vs. Dulla Mia, A.I.R. 1969 Delhi 214; Express ......tempt is narrow and it will be profitless to embark upon such an inquiry. It was held in Catmur Vs. Knatchbull that non-performance of an award was a contempt of the Court and might be regarded technically an offence. But as it related simply to a Civil matter, and was rather in the nature of proces......-1-83. Petitioner No. 1 alleged that on receipt of the Court's order dated 13 July, 1982 he addressed a letter dated 15-7-82 (Annexure 'C') to respondent No 1 suggesting an immediate meeting with him for working out a modus operandi for withdrawal of money from the firm's accoun..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....tion (2). This proposition is supported by the decision in the matter of Monohar Mukherjee 5 Cal 756. To take section 222 in its absolute term will be erroneous. Such provisions confer a faculty or power but they do not follow by such words as ‘that anything done contrary to these provisions, sh......TM Masud J Khitindra Chandra Bhattacharya and another…………….Appellants Vs. Jalada Devi…………......................Respondent Judgment January 16, 1983. Cases Referred to- Sarat Chandra Banerjee Vs. Nani Mohan Banerjee, 36 Cal. 799; Haripada Saha and another Vs. ......urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....) Cr.P.C. the appeals from Magistrate were disposed of by the Additional Sessions Judges or any Assistant Sessions Judge of the Sessions Division. Now after this second amendment, this appellate power under section 407 of the Cr.P.C. has been given to the Additional District Magistrates wh...... December 1, 1982. Result: Dispose of the appeal. No Dismissal of cases summarily without assigning any reason at the cost of dispensation of justice- The Court is competent to reject an appeal even at the initial stage of its admission but the Court must give its reas......in a judicial proceeding causing a serious miscarriage of justice. The High Court Division of the Supreme Court being a Court of final revision under section 439 of the Code of Criminal Procedure, is called upon to draw the attention of the learned Additional District Magistrate concerned to ke...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
....us officio in respect of the new proceedings. Power of taking Cognizance Offence by Magistrates- Magistrate has the sole jurisdiction to decide whether cognizance should be taken- This power of taking cognizance of any offence is not limited only to those offences which are triable ex......second prosecution is based on a fresh complaint, it will be valid because the Magistrate does not preside over the same proceedings. He takes cognizance of the same offence but in a different case altogether. He is functus officio in so far as the first proceedings are concerned but he is not funct......nt. Akbar Ali, Advocate— For the State. Criminal Revision No. 323 of 1982. Judgment Mustafa Kamal J.—This Rule was issued U/S 561A of the Code of Criminal Procedure calling upon the Deputy Commissioner, Tangail to show cause why the proceedings in C.R. Case No.299(...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ther law for the time being in force, no Court of Sessions shall, take cognizance of any offence as a Court of original jurisdiction unless the accused has been sent to it by a Magistrate duly empowered in that behalf." So far as the Court of Sessions is concerned, proceedings must be......ute. Lawyers Involved: Majibur Rahman, Advocate— For the Petitioner. Shehabullah, Advocate— For the Complainant-Opposite Party No.2. AFM Shahid, Assistant Attorney General— For the State. Criminal Revision No. 40(c) of 1982. Judgment ......AFM Shahid, Assistant Attorney General— For the State. Criminal Revision No. 40(c) of 1982. Judgment ATM Afzal J. — Accused-petitioner Abdur Razzak obtained this rule calling in question two orders. The first one is dated 13-4-82 passed by the Additional Sessions Jud......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....ion 561A of the Cr.P.C. is not applicable in connection with any proceeding under the Special Powers Act. The jurisdiction of the High Court Division under section 561A of Cr.P.C. is an inherent power which cannot be deemed to be otherwise limited or affected and this Court is always empowered ......ip;Petitioner Vs. The State……………………………………………State Judgment October 20, 1982. Result: The Rule is made absolute. Whether there was direct personal ......ious to public health. Bran Bread is quite well known amongst when the eating people. Thus it is quite clear that wheat simply mixed with bran does not by itself become an adulterated food to be called injurious to public health. 7. In order to consider an offence under section 272 of the ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
.... In such circumstances the proceedings against the petitioner can only be revived on a fresh complaint or on a fresh police report in respect of the same offence. The Sub-Divisional Magistrate has no power to revive in respect of the discharged accuses the proceeding which has come to an end by the ......Judgment July 15, 1982. Result: The Rule is made absolute. Discharge of the accused by the Magistrate under section 253 Cr.P.C. The accused petitioner is not sought to be tried by a different Tribunal. Nor is he being tried under a separate rule of evidence. R...... Sohrab Ali, Deputy Attorney General— For the State. Criminal Revision No. 470 of 1979 from G.R. Case No.716 of 1973. Judgment Mustafa Kamal J. — This Rule was issued calling upon the Deputy Commissioner, Faridpur to show cause why the proceeding in G.R. Case No.716 ......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....Respondents Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for disobedience of any term or breach of an order' granting, an inj...... Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for disobedience of any term or breach of an order' granting, an injunction. So the wo......R 1968 Punjab (Hariana) page 374 it has been held to the following effect as under:- "The transferee court should have powers co-extensive with the transferor court. Section 150 specifically provides that. But if transfer is of a particular case from the file of one court to another U......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....the plaintiff moved this Court and obtained leave to consider whether the Admiralty Court was wrong in rejecting the plaint as, in its opinion, rule 11(a), Order 7. Code of Civil Procedure does not empower the Admiralty Court to pass such an order. 7. Mr. K. A. Bakr, Counsel for the plaint...... Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. Result: The appeal is allowed. Cases Referred to- Hussain Bakhsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=PLD 1970 SC 1; R.P.0'......here is default by the plaintiffs, in respect of any of the obligations under the contract, the security deposit of 10% shall be forfeited to the defendant No.2 who shall be at liberty to recall the vessel. In such event all loss and damage arising from such default shall be recoverable fr......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....ng Director and the Chairman respectively of the Company. It was further resoled that the Secretary ship agreement between the Company and M.A. Muktadir in favor of Valley Tea Estate Ltd. the General powers of Attorney executed by respondent No. 1 in favor of MA. Muktadir were cancelled and withdraw......
Judgment
May 28, 1982
Result:
The appeal is dismissed.
Companies Act (VII of 1913); Section 38
In a proceeding under Section 38 the Petitioner is not entitled to a relief ex-debito Justitiae and the Court has discretion to refuse remedy if the matter is not a......ty-eight and paisa twenty- two) only to the First party within 31-12-1980, the sale and transfer of the shares of the Company to the Second Party to be formally executed on 22-4-1980 shall be automatically void. Cancelled and rescinded and the Third party shall have position as if no sale or transfe......tion of the Board of Directors on the same day and the instruments of transfers of shares were also executed. Petitioner No. 2 and M.A. Muktadir were elected as members of the Board of Directors in a meeting held on 22-4-80. In another meeting held on the same day the Board of Directors appointed M...
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......ip;………………………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Abdul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The ...... the hut in village Keshabpur. P.S. Gobindaganj, Dist. Rangpur along with her maternal grand-father P.W.4 Mokbul Hossain and maternal grandmother P.W.3 Rabeya Khatoon. She came out to answer the call of nature. While she was coming back, accused appellants Abul Hossain and Abdul Quddus @ N......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... of the lessor or those claiming under him. Provided that property may be transferred to or for the benefit of a woman (not being a Hindu, Mohammadan or Buddhist) so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein.&qu......p;…………………………..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; ...... following provisions of the Trust Act. Section 3 of the Trust Act defines and interpreted the expressions used in the Act namely, "the person who reposes or declares the confidence is called the "author of the trust": the person who accepts the confidence is called the &quo...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....d that though the Court of Admiralty Act, 1891 (Act No. XIV of 1891) declared Court Division of the Supreme Court as the Court of Admiralty it did not spell out what would be the nature and extent of power and authority of such Court of Admiralty.
7. The Admiralty jurisdiction of the Court can ......rt exercises the same jurisdiction as the High Court of England exercised in 1890 under the Admiralty Court Act of 1861. The instant suit arising out of a claim for non-delivery of the cargo that was to be carried by the ship Nedlloyd Leuve is amenable to the jurisdiction of this Court.
Cases ......n or by the sea, or public rivers, or ports.”
8. This clause describes the Admiralty jurisdiction of the Supreme Court "as the same is used and exercised in that part of Great Britain called 'England', together with all and singular incidents, emergents and dependencies annex......ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ......the Contemners. Contempt petition No.1/79 arising out of Writ petition No. 916 of 1978. Judgment Chowdhury AT.M. Masud J.— This Rule was issued calling upon the Respondents to show cause as to why they should not be committed for contempt of court. 2. It has been stat...... Matiur Rahman—For the Contemners. Contempt petition No.1/79 arising out of Writ petition No. 916 of 1978. Judgment Chowdhury AT.M. Masud J.— This Rule was issued calling upon the Respondents to show cause as to why they should not be committed for contempt of co...... Martial Law case copy could not be granted. 6. On 18.11.78 it is alleged that respondent No. 2 Mr. M.A. Rashid, S.D.O. (Sadar) Jamalpur was present at Sherpur Town, in connection with holding a meeting of the Exhibition Committee, when members of the Exhibition Committee urged him to interfere..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....h; Under the statutory rules the Chairman of the Local Parishad was the appointing authority and an employee of the council —In the absence of any statutory rule and regulation relating to power of appointment and dismissal of the Zilla Board employees engaged in projects of works program......lla Parishad and another........Respondents is the Petitions Judgment February 11, 1982. Result: All the rules are discharged of. Submitting an Inquiry Report in time is Directory and Not Mandatory—Nothing has been shown that the failure of the Enquiry Officer to submi......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
.... of the two alternatives--The papers on record no where indicate that the authorities applied their mind to the alternative proviso in Rule II before the impugned order was passed. Delegation of power- Whenever there is a question of delegation of power it must be done in specific and cate......vernment Servants (Discipline and Appeal) Rules, 1976 under which the petitioner has been suspended also provided that instead of placing the petitioner under suspension the authority may require him to proceed on leave--The Secretary's note to the authorities contained the only proposal that th......llegations, the petitioner moved this court and obtained the rule but no ad-interim order staying the operation of the impugned order was passed. 3. In the affidavit in opposition (here in after called the affidavit) sworn by the secretary, Ministry of Civil Aviation and Tourism it was stated t...... bore the seal of Hotel international Ltd. which owns Hotel Sonargoan, It has of course been sought to be explained in the affidavit sworn by the Secretary that he was attending an official committee meeting at Hotel Sonargoan and there the file was placed before him after obtaining the signature of..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....ranteed under the Constitution in full force. It is beyond our comprehension as to how the Prime Minister of the country could pass an order of nationalisation of a Tea Garden when there was no law empowering the Government to do so, far less to take over The order of the than Prime Minister appears......ellip;………………..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is petition......ion of material facts. We hope, in future, we shell not be compelled to go for drastic action in order to see that such kind of things do not recur. It is not always feasible or practicable for us to call for the official files from the Government and scrutinize every page to find out what actually ......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....ranteed under the Constitution in full force. It is beyond our comprehension as to how the Prime Minister of the country could pass an order of nationalization of a tea garden when there was no law empowering the government to do so, far less to lake over. The order of she then Prima Minister appeal......idul Huq Chowdhury, petitioner No.2 in person, with M.H.A. Sikdar, M.I. Faruqul, A.Y. Masthuzzaman and A.K.M. Nazrul Islam-For the Petitioners. Kazi Shafiuddin, Asstt. Attorney General-For Respondent No.2 Writ Petition No. 529 of 1980 Judgment Abdur Rahma......on of material facts. We hope, in future, we shall not be compelled to go for drastic action in order to see that such kinds of things do not recur. It is not always feasible or practicable for us to call for the official files from the Government and scrutinize every page to find out what actually ......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....ed appearance and filed an affidavit seeking to rely on the Government Servants (Seniority of Freedom Fighters) Rules made on 24th December 1979 by the President of Bangladesh in exercise of the power conferred under the proviso to Article 133 of the Constitution of Bangladesh, for gr......ndents Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 B......ther rule 4 of the Government Servants (Seniority of Freedom Fighters) Rules, 1979 whereunder two years antedated seniority has been granted to all freedom fighters employees of the Government can be called to be a rule regulating the appointment and conditions of service of persons in the service o...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ......ip;………………………Opposite Parties Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Abdur Rahman Vs. Base......aid rules as follows:- "3. It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff but the defendant must deal specifically with each allegation of fact of which he does not admit the truth except damages." ......for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
71224980934493769345934393369339709992279334933892269550955795539333922992309347