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Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ...... evidence against the accused appellant both as regards fact and law and to substitute its own finding…….(8) Cases Referred To- Imran Ullah Vs. The Crown, 6 DLR (F.C.) 65 Lawyers Involved: Abdul Malek —For the Appellant. Marfat Ali —For the State. ..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....ideration rests on the person who asserts the same and only after that burden was discharged prima facie the burden would shift on the other party to prove that it was not so. Apart from this general principle of law, section 60 of the Registration Act provided that a registered document d......affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ......ntiff without proving his case prima facie would not as of right, get a decree in his favor merely because the contesting defendants were absent on the date of hearing …….......(5) Lawyers Involved: K. S. Nabt—For the appellant. Ruhul Amin—For the respondent...Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
..../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ......hellip;…………State Judgment November 3, 1981. Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....ce of so much of the contract as can be performed and award compensation in money for the deficiency. Illustrations A and B appended to the section focus light. Section 14 is the corollary to the principle that equity looks to the substance rather than to the mere form. Section 15 is just conv......t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ...........Respondents Judgment October 28, 1981. Result: The appeal is allowed. Case Referred To- Harendra Chandra Das Vs. Nanda Lal Roy, 36 C.W.N. 1002. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, B. B, Roy Chowdhury, Senior Advocate, ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....n rights and freedom, equality and justice, political, economic and social, will be secured for all citizens. Keeping this proclamation in the preamble in view, the Constitution has given fundamental principles of State Policy, which amongst others contains in Article 22, a provision, saying th......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......981 BLD (AD) 378; Khandker Ehteskamuddin Ahmed Iqbal Vs. State, 1981 BLD (AD) 107; Attorney General for the Province of Ontari Vs. Attorney General for the Dominion of Conada, (1912) A.C. 571. Lawyers Involved: For Appellant/Petitioner/Plaintiff: M.H. Khandker, Sr. Advocate, with&nb..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......oosa Haji Vs. Province of East Pakistan 12 D. L. R. (Dacca) 236; Mohammad Shamsur Rahman vs. Province of East Pakistan 14 DLR 604; Tej Ram Jag Ram Vs. Union of India AIR 1059 Punj 478. Lawyers Involved: Fakir Shahabuddin Ahmed, with Mohammad Ali, Abu Backker, Syed Abu Nayeem, Adv..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
.... petition for a writ the first question that court has to consider is whether the petitioner has the locus standi to invoke the extraordinary jurisdiction of the court and I consider it to be a basic principle that a person seeking judicial review of administrative or quasi judicial action must show......g urgent question of inheritance and distribution of the properties of his deceased father and other private matters, Towab arrived at Tejgaon Airport. Dacca on 1-7-80 at about 12.15 P.M. by the Thai International Air Lines flight No. TG-303 from Bangkok holding Bangladesh Passport No. C-183020, val......irst Assistant Judge, Hyderabad, W.P. (PLD 1960 Kar 826); Sabir Ahmed Chowdhury Vs. The Province of East Pakistan (PLD 1960 Dac 1025); M. A. Khaleq Vs. Pakistan (PLD 1957 Dac 437 (447)
Lawyers Involved:
Mainul Has sain, K Z. Alam, Md. Joynul Abedin, Advocates—For the Petiti..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....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 ......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 ...... allowed Penal Code (XLV of 1860), Section 464 Forgery Anti-dating 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-Recor..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Bengal Water Ways Ltd & Another
....…..Respondent Judgment July 8, 1981 Result: Appeal dismissed Companies Act (VII of 1913), Section 162. Winding up of Private Company It is well settled principle that a private limited company can, if circumstances so permit, be would up on the princip......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 ......ompany, 17 D.L.R. (S.C.) 52; Loch Vs. John Blackwood Ltd. 1924 (A.C) 783; Ebrahimi Vs. Westboume Galleres Ltd. 1972(2) All. E.R. 492; In re Yenidje Tobacco Company Limited, (1916) 2 Ch. 426 Lawyers Involved: K.A. Bakr, Sr. Advocate, with Ataur Rahman Khan, Advocate, instructed by..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)
....ent to which the court very reluctantly has recourse, and never until it has exhausted every other means in its power to reconcile apparent inconsistencies, and the rule is subordinate to the general principle that the intention must be ascertained from the entire contents of the deed.” 8......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 ......he State, 19 D.L.R. 381; 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..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ......rn Ltd. & others 1981 BLD (AD) 230; Howe Richardson Scale Co. Ltd. Vs. Polimex Cakop & National Westminister Bank Ltd. 1978 L.I.L. Rep. 166; Edward Owen Engineering Ltd Vs. Barclay's Bank International Ltd. & another, (1978) Q.B. 159 Lawyers Involved: Asrarul Hossain w...... Scale Co. Ltd. Vs. Polimex Cakop & National Westminister Bank Ltd. 1978 L.I.L. Rep. 166; Edward Owen Engineering Ltd Vs. Barclay's Bank International Ltd. & another, (1978) Q.B. 159 Lawyers Involved: Asrarul Hossain with Abdul Azim , Advocates- For the Appellant ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......2 Banking Companies Ordinance - Winding up order made— A matter pending before the High Court Division or Appellate Division on appeal cannot be transferred to the Company Judge. Lawyers Involved: M.H. Khandker, Sr. Advocate, with B.K. Das, Advocate, instructed by ..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
....er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
...... be desired, to say the least. If foreign ships are allowed to get away with impunity as in the instant case and no action is taken against the ship or the agent, men we shall be inviting Pirates and International smugglers to our ports. Section 51 of the Customs Act clearly lays down that......and others..............Respondent
Judgment
June 17, 1981.
Result:
The appeal is disposed of.
Public Servant Disobeying Court's Order
Contempt of Court-
Lawyers Involved:
Syed Ishlicq Ahmed with Ziaur Rahman Khan—For the Appellants.
Rafi..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......in executing the decree passed by the Summary Military Court in respect of the sentence of fine in accordance with the procedure laid down under the Code of Criminal Procedure……(5) Lawyers Involved: M. A. Rashid for B. B. Roy Chowdhury—For the Appellant. Mazzem Hos..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....y, evidencing or manifesting, opposition or hostility, other than by way of constructive and meaningful discussion, to the declared objectives, policies, programmes and decisions of the Government or principles underlying them or tendency to undermine the implementation of such policies, and anti-so......are inimical to the liberation struggle or to the creation of Bangladesh are also to be weeded out for the purpose of making the administrative machinery free from such elements. As a matter of fact, International Crimes (Tribunals) Act 1973, Act XIX of 1973 was promulgated on 20th July 1973 whereas......…… (53) Case Referred to- Obaidullah Vs. Vice-Chancellar University of Dacca; Main Vs. stark (1980)15 APP 384, 387; Ward Vs. British Cak Insurance Co., K.B. 395 Lawyers Involved: Rafique-ul-Huq, Sr. Advocate, with Fazlul Huq & Aminul Huq..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....eficiaries subject to a maximum levy of seven percent of the annual value of the buildings and lands." Rule 16 likewise provides for water-works or supply of water according to the principle as laid down in regard to conservancy and lighting rates subject to a maximum levy of......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 ......….Respondents Judgment March 10, 1981 Result: Appeal is allowed. Case Referred To- American Life Insurance Co. vs. Dacca Pourashava (1979) 31 DLR (AD) 276. Lawyers Involved: T. H. Khan, Senior Advocate, Instructed by B C. Panday, Advocate-on-Record&md..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
....-General of or the Superintendent of Police must be treated as an act of the Government itself because such subordinate officer only acts on behalf of the Government. The learned Advocate invokes the principle embodied in the maxim qui facit per alium facit per se. This very principle was canvassed ......, 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 ...... Judgment March 4, 1981 Result: Rules 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 Seroju..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
....nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ....... Shuva Karan Rajgharia……………………..Respondent Judgment February 18, 1981 Result: The appeal is accordingly allowed. Lawyers Involved: Raftque-ul-Huq, Advocate-For the appellant. First Miscellaneous Appeal ..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....t making concern. One of the objects of the appellant company, as contained in clause 3(36) of its memorandum of association is imparting of instruction and traning, theoretical and practical, in the principles and practices of weighment, measurement, storage, discharge of properties of various carg...... allowed to carry on such business. The Government, therefore, limited it to the National Chambers of Commerce which represent both shippers and shipowners. In this regard the Government followed the International Convention of Simplification of Customs Formalities, 1923. Public notice was issued on......t clause of its memorandum of association--Government has the power to direct a registered trade organisation to alter or modify its memorandum and articles of association…….(9-11) Lawyers Involved: Hamidul Haq Chowdhury & Asrarul Hossain, Sr. Advocates, with&nb..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....ve effect cannot be given, unless such effect is given to it in me Statute itself, either expressly or by necessary implication. 16. In Maxwell's Interpretation of Statute, 11th Edition, the principle has been stated as follows: “Every Statute, it has been said, which takes away ......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......) Alternative remedy / Writ When the impugned action is without jurisdiction, the question of availing statutory alternative remedy does not arise…………. (25) Lawyers Involved: Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
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