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Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....se is also Reported in: 1 BLD (AD) (1981) 448 ...... Kabala on 28th July, 1975 at the Sub-Registrar's Office putting its date as "5.7.75". The sale-deed, Ext. 4. shows that the stamp paper was purchased on 24.4.75 from stamp vendor Akbar Ali Mia of Bera Sub-Registry office of Pabna District. He is P.W. 11. He has stated that no stamp pa......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......ating of a Kabala to show that it was executed earlier to defraud the holder of the earlier Kabala amounts to forgery. Lawyers Involved: M. Golam Rabbani, Advocate, instructed by B.C. Panday, Advocate-on-Record— For the Appellant Fazlul Karim, Sr. Advocate, instructed by&nb..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Bengal Water Ways Ltd & Another
....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......tes, instructed by A. Backkar, Advocate-on-Record—For Respondent 1. Rafique-ul-Huq, Sr. Advocate, with Fazlul Huq and Aminul Huq, Advocates, instructed by Syed Sakhawat Ali, Advocate on Record—For Respondent 2. C.A. 37 of 1980 from Appeal No. 8 of 1977 ......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......ormula of the principle of 'just or equitable' clause— Whether or not there are equitable considerations for the application of the Principle must necessarily depend upon the facts and circumstances of each case and the judicial discretion of the court. The allegation made by resp..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....; Safiruddin Kazi alias Safiruddia Vs. Moslem Ali Howladar and others 12 D.L.R. 266; Midnapur Zamindari company Ltd. Vs. Jogendra Kumar Bhoumik and ors. I.C. (Vol. 62) 491 Lawyers Involved: Md. Jane Alain—For the Appellant. No one—For the Respondent. Appeal from Appe......nbsp; ......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......others.......Respondents Judgment June 30, 1981. Result: The Appeal is dismissed In ascertaining the Period of Time the General Expression is to be Ignored when the Beginning and the End of the Questioned Period of Time is clearly Specified and Dated— The relevant..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....Sr. Advocate, with Fazlul Huq & Aminul Huq, Advocates, instructed by A. Backkar, Advocate-on-Record— For the Appellants Manzurul Ahsan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent 1 (In C.A. 19 of 1980) Kazi Shahadat......llip;…….Respondent And Registrar, University of Dacca…………………………Appellants Vs. Dr. Mohar Ali………………………………&......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first part deals with collaboration, the second part deals with the of ideology of Pakistan and the third part deals with the support of the elements inimical to the liberation struggle or cre..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......276. Lawyers Involved: T. H. Khan, Senior Advocate, Instructed by B C. Panday, Advocate-on-Record—For the Appellant. Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.— For the Respondent No. 1 Civil Appeal No. 103 of 1980. (F......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dacca Municipal Corporation………………….Appellant Vs Sonali Bank and Ors…………………………….Resp..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
.... This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......s are made absolute. Case Referred to- Afzalur Rahman Vs.King Emperor, AIR 1943 FC 18; Nagraj Vs.State of Mysore, AIR 1964 SC 269. Lawyers Involved: Abdul Molek with Syed Sakhawat Ali, Advocates-For the Petitioners Serojul Huq with Zakir Ahmed, Advocates-For the opposite par......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......rojul Huq with Zakir Ahmed, Advocates-For the opposite parties Criminal Revision No. 139 & 140 of 1980 Judgment Md. Altaf Hossain J.- These are two applications under sections 435 and 439 of the Code of Criminal Procedure. 2. The facts of Criminal Revision No.139 of 1980 ari..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......ociation…….(9-11) Lawyers Involved: Hamidul Haq Chowdhury & Asrarul Hossain, Sr. Advocates, with Khalilur Rahman, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record— For the Appellant K.A. Bakr, Attorney General, with A.W. Bh......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memorandum of association--Government has the power to direct a registered trade organisation to alter or..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
.... Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Chairman, National Board of Revenue & Others……………… Appellants Vs. Md. Jahurul Hoque…………………….. Respondent ...... to the respondent.........(6 & 7) Lawyers Involved: Abdul Wadud Bhuiyan, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Md. Roushan Ali, Advocate, instructed by Md. Sojjadul Huq, Advocate-on-Record-For the Respondent. C.A. 113 ......without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ......y;dent was never selected by the Selection Board, but somehow by mistake the appointment letter was issued. In the absence of selection by the Board the appointment was invalid. Between the interview and the date when he got the appointment letter there is hardly anything to show that he was se..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....C 369; Shiva Charan Vs. State of Mysore AIR 1965 SC 280; Bisnunarayana Vs. State of U.P., AIR 1965 SC 1967. Lawyers Involved: Islam, Zamiruddin Ahmed and K Z. Alam, Advocates, instructed by Md. Sajjadul Huq. Advocate-on-Record-For the appellant. K.A. Bakr, Attorney General, with A.W. ...... AIR 1975 SC 1487; Kripa Ram Gupta Vs. R.K. Talwar, AIR 1970 All 296;Neskikar Vs. Union of India; AIR 1972 Mys 71; A.M. Khan Leghory Vs. Government of Pakistan, PLD 1967 Lah 227; Pakistan Vs. Liaquat Ali Khan, PLD 1959 SC 87;Zaibtun Textile Vs.Central Board of Revenue, PLD 1971 Kar 333;Province of E......ts. 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: 1 BLD (AD) (1981) 140 ......SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chowdhury Vs. Province of East Pakistan, PLD 1957 SC 9;Kunnothat Thathunni MoopilNair Vs. State of Kerala, AIR 1961 SC 552; East and West Steamship Vs. Pakistan, PLD 1958 SC 41;Matajoy Dobey Vs. H.C. Mare, AIR 1956 SC 44; Padfiel..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ......upreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Shamuj Ali & Others………………….....................Appella......preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ......he recovery of the fruit of a decree passed earlier but subsequently reversed. Application for restitution is an application for which no limitation has been specifically provided for in the law and as such it attracts the residuary provision of Art. 181. A restitution application is not an app..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....ssain CJ Fazle Munim J Ruhul Islam J Bqdrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury & Another……….Appellants Vs. Md. Ali Hossain & Others………………..Respondents Judgm......n CJ Fazle Munim J Ruhul Islam J Bqdrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury & Another……….Appellants Vs. Md. Ali Hossain & Others………………..Respondents Judgment ......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ......e Court Suit Respondents filed S.C.C. suit for eviction of appellants from suit premises claiming title to the premises on the basis of a decree for specific performance passed against the landlords of the appellants. Appellants challenged the title of respondents contending that the ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
....he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......llip;…………………………………………………….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, 1980. Result:......he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......;…………………………………………………….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, 1980. Result: ..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....o Reported in: 1 BLD (HCD) (1981) 86. ......in: 1 BLD (HCD) (1981) 86. ......ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ......ory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutory public authority given in Art. 152(1) of the Constitution are read and considered toge..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
....e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
...... of the Act cannot be sustained.
Arbitrary exercise of power is itself mala fide, that is malice in law………………..(6-9)
Lawyers Involved:
Shaukat Ali Khan, Advocate, instructed by Santiranjan Karmaker, Advocate-on-Record, for the Appellants.
......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
......
Ruhul Islam J
Badrul Harder Chowdhury J
Mansurul Aziz & Another………………………Appellants
Vs.
Secretary, Ministry Of Land Administration And Land
Reforms & Others……………&hellip..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)
....the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ......Court High Court Division (Dhaka Bench) (Civil Revisional Jurisdiction) Present: Md. Altaf Hossain J Mokbul Ahmed and others……………………………Petitioners Vs. Ali Ekabbar and others…………………………Opposite Parties Judgment September 11, 19......he defendants 10-17 will be struck of the decree. The order of the learned Munsif for restoration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ...... This Case is also Reported in:35 DLR (HCD) (1983) 86. ..Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29
Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)
....uhadeo Lal and another Vs. Hossaini Pandy and others ; Upendra Nath Bhattacharjee Vs. Khitish Chandra Bhattacharjee. Lawyers Involved: B. K, Das, Advocate- In support of reference Md. A. Hannan, Advocate- In opposition of reference. Criminal Reference No. 166 of 1979 Ju......Criminal Reference) Present: A.S. Faizul Islam Chowdhury J Abdus salam………………………….Petitioner Vs. Musabbir Ali & others…………opposite parties Judgment September 4, 198......Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60 ...... Musabbir Ali & others…………opposite parties Judgment September 4, 1980 Result: The reference is accepted. Case Referred to- Muhadeo Lal and another Vs. Hossaini Pandy and others ; Upendra Nath Bhattacharjee Vs. Khitish Chandra Bhat..Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......esent: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Nurunnessa & others………………….Appellants Vs. Babar Ali Bepari & Others………………… Respondents Jud......rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......ent for the principal does not require registration except that its authentication under the law is necessary …………… (5) Whether Power of attorney executed and authenticated by a Magistrate or Notary Public in a foreign country could be acted upon as ..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... Reported in: 1 BLD (HCD) (1981) 56 ......ip;……………….Opposite Parties Judgment August 26, 1980 Result: The Rule is made absolute Case Referred to- Hakim Moulvi Md. Mahbub Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; Zinda Ram Lai Vs. Ramrup Das and others. AIR 1...... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56 ......p;……….Opposite Parties Judgment August 26, 1980 Result: The Rule is made absolute Case Referred to- Hakim Moulvi Md. Mahbub Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; Zinda Ram Lai Vs. Ramrup Das and others. AIR 1935 Pat 231; Promode Kuma..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....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: 1 BLD (AD) (1981) 95 ......f limitation………..(12) Case Referred to- Gedi Mai Dharam Das Vs. Huna Mal Shedu. AIR 1931 Lah 332; V.M. Assam Mohammad Sahib Vs. M.E Rahim Sahib, 43 Mad 579; Mohd. Fazil Ali Vs. Karim Khan, 108 P.R. 1894; Raghu Nath Das Vs. Pannalal, 6 1C 945; Mukandi Lal Vs. Pars Ram, ......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: 1 BLD (AD) (1981) 95 ......0 Result: The appeal is dismissed. Small Causes Courts Act (IX of 1887), Section 17(1) Proviso Deposit of decretal amount or furnishing of security with the application, not mandatory—Application to set aside the decree along with another application seeking Court..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....also Reported in: ......nt: Kemaluddin Hossain CJ Ruhul Islam J Shahabuddin Ahmed J Hajee Md. Ahsanullah...................Appellant Vs. Arafatunnessa Bibi, being dead her heirs, Ali Ahmed and others...............Respondents Judgment July 8, 1980. Result: ......he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ......Kemaluddin Hossain CJ Ruhul Islam J Shahabuddin Ahmed J Hajee Md. Ahsanullah...................Appellant Vs. Arafatunnessa Bibi, being dead her heirs, Ali Ahmed and others...............Respondents Judgment July 8, 1980. Result: The appe..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
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