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Bengal Water Ways Ltd & Another

....ther alleged that profit and loss account of the company was neither audited nor submitted to the Board of Directors, that all assets and properties of the company were mortgaged to respondent No. 2, Bangladesh Shilpa Rin sangstha, successor of the Pakistan Industrial Credit and Investment Corporati......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     ......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)

....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   ......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   ......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)

.... (Civil Appellate Jurisdiction) Present: Ranadhir Sen J Md. Altaf Hossain J Pubali Bank…………………….. Appellant Vs. Bangladesh Agricultural Development Corporation and another………Respondents ...... Vs. Makhan hall & Co. & others. C.A. 80 of 1978 (Unreported); Uttara Bank Vs. McNeil & Kilburn 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 ...... 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.       ...... 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 ......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

Southern Fisheries Ranong Corporation and others Vs. Kingfisheries Industries Ltd. and others, 1981, 10 CLC (HCD)

....trawlers, subsequently on the prayer of the plaintiff the court by another order dated 27.9.80 directed the Collector of Customs, Chittagong to escort the attached trawlers to the Fish Harbour of the Bangladesh Fisheries Development Corporation at Chittagong and further directed the General Manager ......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   ......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   ......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)

....nal Appellate Jurisdiction) Present: Abdur Rahman Chowdhury J Abdul Matin Khan Chowdhury J Sasanka Sekhar Bose @ Mona Bose....................Appellant Vs. Government of Bangladesh.........................Respondent Judgment May 5, 1981. Result: App......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)

....;…………………………….. Respondent  Judgment April 30, 1981 Result: Appeal is dismissed Government of Bangladesh (Services Screening) Order, 1972 – Whether Three clauses of Art. 5 (b), to be......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 ......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 ......…… (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

M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)

....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......ding Co. Ltd.................Petitioner Vs. M/S Overseas Traders .......................Opposite Parties Judgment March 10, 1981. Result: The rule is made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Khairul Huq, Md. Mahabub Alam—For the Petitio..

Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1

Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

....position. In 1962 a constitution was promulgated and the novel feature of the Constitution was that the central list was given and all other matters were left with the Province. Next the emergence of Bangladesh and the Constitution of the People's Republic of Bangladesh was promulgated and it co...... the High Court Division dated May 31, 1979 made in its writ jurisdiction, directing the appellant to revise ills assessments of Muni­cipal Tax upon Respondent No 1, the Sonali Bank, formerly the National Bank of Pakistan, In respect of the premises in question for the years 1968- 69 and 1969-70......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)

...., 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   ......, 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   ......, 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 ......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)

....nbsp;   ......for ensuing accurate and impartial weighment and measurement of goods for export and import no private organisation was 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 Gover......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     ......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

Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)

....r of the High Court Division dated 8th August, 1979 in Writ Petition No. 256 of 1978. 2. The respondent filed an application under Article 102 of the Constitution of the People's Republic of Bangladesh alleging inter alia that he was appointed as a Custom Inspector on 17.8.77 and he duly jo......1)139.   ......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.   ......the appointment letter is questioned on the ground of bona fide mistake. Mistake pre-supposes non-application of mind and in such case no right accrued to the respon­dent.........(6 & 7) Lawyers Involved: Abdul Wadud Bhuiyan, Deputy Attorney General, instructed by B. Hossain, Advoc..

Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1

Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)

....ive in its operation and retrospective effect cannot be given unless such effect is given to it in the statute itself, either expressly or by necessary implication….. (15) Constitution of Bangladesh (1972), Art, 102(2) Alternative remedy / Writ When the impugned action is witho......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   ......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

Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)

....ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ......ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ......ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ...... Administrator of Waqfs & others…………………..Opposite parties Judgment January 13, 1981. Result: The Rule is made absolute. Lawyers Involved: M. Nurullah, Advocate-For the Petitioner Habibur Rahman with Ahmed Nuru..

Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1

Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)

....our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs.  Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462   ......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs.  Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462   ......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs.  Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462   ...... misconduct in a proceeding u/s 34 of Industrial Relations Ordinance, 1969--Terms and conditions of such employees are regulated by Town Improvement Act and rules ……….. (13) Lawyers Involved: Amir Hossain Khandker, Advocate, instructed by S.M. Huq, Advocate-on-Rec..

Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0

Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)

....J Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Goutam Ranjan Sen & Others …………… Appellants Vs. Bangladesh & Others………………………&hell......sts.                    Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126   ......sts.                    Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126   ......……Respondents Judgment January 8, 1981 Result: The appeal is allowed. Case Referred to- M/s. Dulichand  Omraolal Vs. Bangladesh 1981 BLD (AD) 1. Lawyers Involved: MS Dilichand Omraolal Vs. Bangladesh, 1981 BLD (AD). B.N. Chowdhury, Adv..

Category: Property Law | Date: 8 Jan, 1981 | Hits: 2

Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....unim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………….................Appellant Vs. Bangladesh & Others………………................Respondent ......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   ......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   ...... Tara Singh State of Rajsthan, AIR 1975 SC 1487; Shyamlal Vs. State of U.P., AIR 1954 SC 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 ..

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   ......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   ......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   ...... Nath Marwari, AIR 1922 PC 269;Hari Mohan Dalai Vs. Permeswar Shanu, AIR 1932;Cal 308, Atul Chandra Sinha Vs. Kunja Behary Sinha, 27 CLJ 451 (1970), Nagendranath Dev Surendra De, ILR 1933 Cal 1. Lawyers Involved: Syed Ishtiaq Ahmed, Sr. Advocate, instruct­ed by Abu Backkar, Advocate-on..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2

Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)

....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 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 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   ......act. The Small Causes Court has no jurisdiction to go into the question of title, except incidentally…… (4) Case Referred to- Ahmed Shah Khan Vs. Abdul Barkat, 11DLR 427. Lawyers Involved: S.R. Pal, Sr. Advocate, with B.N. Chowdhury, Advocate, instructed by A. Rab I..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1