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Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)

....4. ......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. ......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. ...... In the absence of any specific provision for converting acquittal into conviction, the Government exercised jurisdiction which was not vested in it and the impugned order of conviction is void. Lawyers Involved: Abdus Sobhan, Additional Attorney-General, with Matiur Rahman, Assistant Atto..

Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53

Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)

....he Respondents. Writ Petition No. 448 of 1978 Judgment Syed Mohammed Husain J.- In the application under Article 102, of the Constitution, the petitioner has challenged decision of the Bangladesh Chemical industries Corporation dismissing the petitioner from the service of the Corpora......ntinued to act as the Factory Manager till such time when Aziz Match Factory was placed under Bangladesh Fertilizer, Chemical and Pharmaceutical Industries Corporation by a Notification issued by the Nationalised Industries Division of the Ministry of Industries of the Government of Bangladesh on 2n......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.   ......together. The petitioner being an employee of a corpo­ration set up under the authority of P.O. 27 of 1972 is an employee under the State to be called a State employee as such…....(6) Lawyers Involved: Md. Nurullah with Mahbubul Hue Advocates-For the Petitioner. Md. Khalilu..

Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2

Abdul Bari Vs. State, 1980, 9 CLC (HCD)

....case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52   ......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52   ......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52   ......ellip;…………………………..............opposite party Judgment November 18, 1980 Result: The Rule is discharged. Lawyers Involved: Abdul Malek, Advocate-For the petitioner. S.K. Sinha, Advocate-For oppos..

Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1

Mansurul Aziz & Another Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others, 1980, 9 CLC (AD)

....order a case is to be made out that alternative accommodation is not available, and it is essen­tially required for providing accommodation to the office of the Comptroller and Auditor General of Bangladesh. The order of requisition should contain the description of the government officer o......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 ......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 ......ng a private property under s.3 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-R..

Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2

Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)

....priate case. The order granting injunction must be a speaking order………… (5) Case Referred to- Kanti Ram Shil Vs. Sumitra Devi, 16. DLR 272; Mosharraf Hossain Vs. Bangladesh Jute, Industries Corporation, 29 DLR (SC) 168. Lawyers Involved: Miah Abdul Gaf......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57   ......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57   ......rder………… (5) Case Referred to- Kanti Ram Shil Vs. Sumitra Devi, 16. DLR 272; Mosharraf Hossain Vs. Bangladesh Jute, Industries Corporation, 29 DLR (SC) 168. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record-For the Appellants. Md. Aftab Hossa..

Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1

Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)

....isdiction) Present: Syed Muhammad Hussain J Sultan Hosain Khan J Mrs. Winifred Rubie & others………………… Petitioners Vs. Bangladesh & others……………..Respondents Judgment Sept......er a new man­agement in 1972. One Mr. Rajballav Saha who was originally a teacher in St. Gregory School became the principal-cum-secretary of the school and the wife of the then Chief Whip of the National Assembly of Bangladesh became the Head Mistress of the School. The president of the school ...... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30.    ......hellip; Petitioners Vs. Bangladesh & others……………..Respondents Judgment September 11, 1980. Result: The rule is made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Kairul Huq, Advocates-For the petitioners. S.R..

Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7

Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)

....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. ......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. ......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. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Ali Ekabbar and others…………………………Opposite Parties Judgment September 11, 1980. Result: The Rule is made absolute. Lawyers Involved: Md. Ayub - For the Petitioner. None - For the Opposite Parties.  Ci..

Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29

Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)

....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     ......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     ......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     ...... Result: The reference is accepted. Case Referred to- Muhadeo 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..

Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1

Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)

....ip;………… (5) Whether Power of attorney executed and authen­ticated by a Magistrate or Notary Public in a foreign country could be acted upon as a valid document in Bangladesh If a notarial act is done in foreign country by a foreign notary and there is recipr......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     ......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     ......- Goods of A. J. Primrose. 16 Cal 776, Cook Vs. Wilby, 25 Ch. D. 769; Bengal Friends & Co. Vs. Gour Benode Shaba, PLD 1969 SC 477; Sardar Singh Vs. Pissumal H. Bankers. AIR 1958 AP 107. Lawyers Involved: M. G. Rabbani, Advocate, instructed by B. C. Panday-For the Appellants. ..

Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3

Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)

.... 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       ...... 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       ...... 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       ......Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; Zinda Ram Lai Vs. Ramrup Das and others. AIR 1935 Pat 231; Promode Kumar Ray and others Vs. Kali Mohan Saha Pramanik and others; 27 CWN 303. Lawyers Involved: B.N. Chowdhury with Kazi Ebadul Haq, Advocates-For the Petitioners. Md. ..

Category: Property Law | Date: 26 Aug, 1980 | Hits: 2

Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)

....lt: The application is rejected. Case Referred to- Paia & Co. S.P.A. Vs. Thurmann Neilson, (1952)2 QB 84; Unimarine S.A. Panama through Local Agent Bengal Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: ......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ......S.P.A. Vs. Thurmann Neilson, (1952)2 QB 84; Unimarine S.A. Panama through Local Agent Bengal Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: Faqueer Shahabuddin Ahmed with Moazzammel Huq Bhuiyan, Rabia Bhuiyan and Shah..

Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1

Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)

....ul Huq, the learned Advocate for the petitioners, contends that section 115(1) and (2) are two distinct provisions and are to be read along with other provision of the Code of Civil Procedure and the Bangladesh Civil Courts Act. Mr. Huq further submitted that section 115 CPC should be read with sect......ed order calls for no inter­ference by this Court. The rule is accordingly discharged with­out any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......ed order calls for no inter­ference by this Court. The rule is accordingly discharged with­out any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......uhammad Khan, Lal Khan, AIR 1951 Nag 54; Mangilal Nandram Vs. Zamghagu, AIR 1941 Nag 289; Laksmia Naidu Vs. Krisnaswami Naidu, AIR 1935 Mad 286; Maruti & others Vs. Rang-anath,AlR 1955 Hydl. Lawyers Involved: Raflqul Huq with Md. Aminul Huq, Advocates -For the Petitioners. SR. Pal..

Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1

Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)

....Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267   ......Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267   ......Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267   ....................Petitioner Vs. Md. Serajul Islam & others…………Opposite party Judgment August 1, 1980. Result: The Rule is made absolute Lawyers Involved: Md. Amir Hossain—For the Petitioner. Md. Ruhul Amin—For the ..

Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1

Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)

....ncome Tax Act. The question raised in this application having been answered in the affir­mative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ncome Tax Act. The question raised in this application having been answered in the affir­mative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ncome Tax Act. The question raised in this application having been answered in the affir­mative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......pondent Judgment July 22, 1980 Result: The application is rejected. Case Referred to- 36 I.T.R. 1975, 37 I.T.R. 381, 38 I.T.R. 222, 56 I.T.R. 400 and 80 I.T.R. 167. Lawyers Involved: Habibul Islam Bhuiyan, Advocate-For the Applicant Rafique-ul-Huq with T...

Category: Fiscal/Taxation Law | Date: 22 Jul, 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 ......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 ......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 ...... 9 Bom L.R. 883; Jeun Muchi Vs. Budhiram Muchi, 32 Cal 339; Suraj Prosad Vs. Baldeo, AIR 1928 All. 111; Misa Pramanik Vs. Khatu Sonar, 54 CWN (DR) 67; Abdul Sheikh Vs. Mohammad Ayub, 24 CWN 380. Lawyers Involved: Anil Chandra Sarker, Advocate, instructed by B.C. Panday, Advocate-on-Record-..

Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1

Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)

....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:   ......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:   ......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:   ......atikar, 6 D.L.R. 595; Shah Wall Vs. Ghulam Din, 19 D.L.R. (S C) 143; Lala Tripati Prokash Nandi Vs. Bireswar Lal Marwari, 55 C.L.J. 114; Gorachand Haider Vs. Prafulla Kumar Roy, 29 CW.N. 948. Lawyers Involved: Abdus Salam Khan, Advocate, instructed by Md Aftab Hossain, Advocate-on-Rec..

Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221

Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)

....urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......n the onus shifts to the other side who asserts the contrary. Cases Referred to- Joy Kumar Dutta vs. Sitanath Dutta 4 DLR 400 & Appalaswami Vs. Surjanarayanamurthi 52 CWN 505 (PC). Lawyers Involved: SR Pal, Sr. Advocate, instructed by SM Huq, Advocate-on-Record- For the Appel..

Category: Property Law | Date: 30 Jun, 1980 | Hits: 51

Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)

....ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138.   ......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138.   ......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138.   ......roperty should be construed to pass on shipment subject to unpaid seller's lien……..(8) Case Referred To- M/S Begum Mills, Chittagong Vs. Arag Ltd, Karachi, 26 DLR 329 Lawyers Involved: Abu Taher Chowdhury—For the Appellant. Ahmed Sobhan with Md. Fazlu..

Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1

M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)

....n Hossain CJ Fazle Munim J Ruhul Islam J M/S. Dulichand Omraolal……………………………….Appellant Vs. Bangladesh, through the Secretary, Ministry of Industries & others.................Respondents ......nt from it. However, the argument of Mr. Pal may be considered. His contention is that, President Ayub Khan in violation of his own Constitution, instead of abdicating in favour of the Speaker of the National Assembly handed over power illegally and unconstitutionally to General Yahya Khan, and Yahy....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1   ......pondents Judgment June 18, 1980. Result: The appeal is dismissed Case Referred To- Bangladesh Enemy Property Management Board Vs. Md. Abdul Majid DLR (AD) 52,  Lawyers Involved: R. Pal, Sr. Advocate, with S. C. Das, Advocate, instructed by Aminul Huq, Adv..

Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109

Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, 1980, 9 CLC (AD)

....ppeal No.169 of 1979 arises from the judgment and order of a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 19, 1979. 3. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the ......d Distribution Company Ltd., did or did not maintain the corporate character of a limited company when, in 1972, it was nationalised under the provisions of the Bangla­desh Industrial Enterprise (Nationalisation) Order, 1972, (P.O. No. 27 of 1972) and placed under the corporation. The determinat......vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 61 ......ellip;.Appellant Vs. Eastern Refinery Ltd. & Others…………….Respondents Judgment June 12, 1980. Result: The appeal is dismissed. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instruct­ed by A. Backkar, Advocate-on-R..

Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7