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Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......ocuments are inadmissible, forged, fabricated and manufactured, as the learned Advocate for the petitioners urged, and the matter will have to wait until final hearing when both the parties should be free to adduce evidence in support of their respective claims as to the genuineness, admissibil......mited company incorporated under the Companies Act, 1913 and having its registered office at 86, Mughaltuly, Dhaka. They want the removal of the name of respondent No.11 Sigma International Inc. from the share register. 2. The petitioners have also simultaneously filed the present applicat......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ......but that place of death would not by itself be the place of his ordinary residence at the time of death as contemplated under the Succession Act but the place would be the place where a person on his free will and voluntarily lived, ate and slept for some time as an ordinary human being would, till ...... jurisdiction in favour of the opposite party. The prayer for the examination of the petitioner on commission at Dhaka was also rejected by the said order. As against that this Rule was obtained from this court when this Court was also pleased to stay further proceedings in the matter under dis...... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......being in the company of other 3 co-accused. This shows that in the confession he simply stated the crucial portion that is necessary for involving him and the 3 co-accused. He did not give a full and free account of the occurrence in order to satisfy that he was really involved in the dacoity himsel......jured her with dagger. One or two other dacoits remained outside. The dacoits snatched away gold chain gold earring gold churi, wrist watch and gold ring and also took away clothes and other valuable from the house. After they left the informant and other inmates of the house raised cries when peopl......sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ......f the rent decree, annulled the incumbrance of the defendants by serving notice under section 167 of the Bengal Tenancy Act and thereafter settled the entire raiyati interests with the plaintiff free from all encumbrances as recited in the registered Kabuliyat dated 8-5-35 executed by the plain...... 53 (1931) CLJ 512; Nirode Baran Vs. Devendra Mohan, BCR 309 (AD). Lawyers Involved: Sk. Razzaque Ali—For the Appellant. Md. Latifur Rahman—For the Respondent. Appeal from Appellate Decree No. 602 of 1963. Judgment M. S. Ali J. - This appeal preferred by th......osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......fication of the final publication of the compensation assessment roll. "The scheme of Act, therefore, is that whatever is not retainable vests in the Government by operation of law that too free from all encumbrances. The High Court was therefore not right in holding that the interest of t......l, void and not binding upon the plaintiffs. Plaintiffs filed an application under Order 39, rule 1 of the Code of Civil Procedure praying for an order of temporary injunction restraining the defdts. from dispossessing the plaintiffs from the suit land and from shifting the cattle market from it'......the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....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. ......dant No. 2 shall be entitled to negotiate the letter of credit on delivery to the defendant No. 6. (i) Legal bill of sale in original, duly attested by a Notary Public stating that the vessel is free from encumbrance, all debts, claims, etc. (ii) Certificate of deletion of the vessel from ......Civil Appeal No.60 of 1982. (From the Judgment and Order dated 19.4.82 passed by the High Court Division in Admiralty Suit No. 5 of 1982). Judgment Fazle Munim CJ. - This appeal arises from the judgment of a Single Judge of the High Court Division passed in Admiralty Suit No 5 of 1981......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
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. ......hy;tial before it is acted upon is the decision in the case of The King Vs. Baskerville (1916) 2 K.B. 658. The prisoner in that case was tried for committing unnatural offences with two boys who were freely consenting parties and there was no use of force. The only direct evidence of the acts c...... years while accused appellant Abul Hossain is aged more than 38 years. The kidnapping of the victim girl P.W.2 Ferdousi Begum by accused appellants Abdul Quddus @ Nausha and Abul Hossain @ Abul from the house of P.W.4 Mokbul Hossain took place at about 9 or 10 P.M. on 3rd May, 1979. P.W.4 Mokb......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
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
.... observation this rule is discharged. In view of 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) 54. ......ined to observe that any of our observations as regards the merits of the allegations against the petitioner should not be taken as expression of our opinion thereon and the authorities would be free to take any view in the matter and dispose of the appeal in accordance with law. They are ......e correct measurement of oil but the authorities paid no heed to those requests. He also alleged that the loss might have occurred due to transit shortage and shortage during delivery of the oil from the Barge to the users. Thereafter the Chief Engineer, B.A.D.C. by a letter dated 1-4-78 i...... observation this rule is discharged. In view of 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) 54. ..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....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 ......given in its proper context. 3. A reading of the Constitution shows, that Bangladesh Constitution envisages a State, whose fundamental aim is to realise through the democratic process a society, free from exploitation society in which the Rule of Law, fundamental human rights and freedom, equal...... as the provisions of the constitution. The nature of the proceeding and the purpose of the Act are to be considered to see the jurisdictional infirmity of the order complained. When the challenge is from an order of a Court Martial set up under the Army Act to enforce the Military law, the jurisdic......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 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....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 ......vices Screening) Order" and the preamble shows that all the persons who are in the service of Bangladesh are within it and since the object of the enactment is to make the Government institution free from entrust persons, collaborators, officials and other employees wedded to the ideology of Pa...... Screening) Order" and the preamble shows that all the persons who are in the service of Bangladesh are within it and since the object of the enactment is to make the Government institution free from entrust persons, collaborators, officials and other employees wedded to the ideology of Pakista......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 ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
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 ......ned Munsif on the temporary injunction matter. He should further allow the petitioner a chance to hand over charge to the opposite party No. 2 and them dispose of the appeal. 16. The parties are free to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary ......er of the petitioner. Thereafter various allegations were levelled against the petitioner and opposite party No.3 before the Administrator of Waqfs who removed the petitioner and opposite party No. 3 from joint Mutawalliship and appointed opposite party No. 2 as the sole Mutawalli. 3. The petit......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 ..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....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 ......h challenge to their constitutionality, in spite of the expression "without assigning any reason" used in Section 9(2) of the Act. In such a case the authority concerned would have remained free, so as not to disclose any reason in the retirement order, but if its action in retiring a gove......-For the appellant. K.A. Bakr, Attorney General, with A.W. Bhuiyan, Deputy Attorney General, Instructed by B. Hossain, Advocate-on-Record-For the Respondents. Civil Appeal 122 of 1980 from Writ Petition 489 of 1980 Judgment K. Hossain CJ.- Though I agree with the conclusion......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 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....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. ...... a criminal prosecution in a Court of law. It has also been held hereinbefore that in all circumstances, a Corporation in the absence of any Rules and Regulations to the contrary, is always free to dispense with the service of any of its employees by normal simple termination of the servic...... 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 Corporation communicated to him by letter dated 16th February, 1978 by the A......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. ..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
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. ...... come to a consideration of this decision we would first of all consider this aspect of the matter independently. The contract as already noticed was an F.O.B contract. The meaning of a contract 'free on Board (F.O.B.) given in the Penguin Dictionary of Commerce by Michael Greener at page-155 is...... pass at a subsequent time, as for example, on payment of price and charges and on such event property shall pass at such subsequent time; (iii) intention is a question of fact and has to be gathered from facts and circumstances of each case; (iv) the mere fact that an f.o.b. contract provides for h......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. ..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
....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
......ested in the Government by or under any law for the time being in force, shall by virtue of this Article and with any further proceeding or formality, stand vested in, and allotted to, the Government free of any trust, mortgage, charge, lien, interest or other encumbrance whatsoever,
(a) in the...... Advocate, with K.Z. Alam and Khalilur Rahman, Advocates, instructed by M.R. Khan, Advocate-on-Record-For respondents 1 & 2 (In C.A. 65 of 1980.)
Civil Appeal Nos. 169 of 1979 and 65 of 1980 from Writ Petition Nos. 471 of 1979 and 178 of 1978.
Judgment
Fazle Munim J.- These two ap......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
..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......ndants .on the allegations, inter alia, that as the defendant no. 1 was an employee of the plaintiff the former was provided with quarters on the plaintiff's land consisting of hut nos. 1 & 2 free of rent. Subsequently the defendant erected hut nos. 3-5 at his own cost on the land of the pla......;with Mahbubey Alam-For appellant (In S.A. 27 of 1966) and respondent (In S.A. 443 of 1966) B.K. Das For appellant (In S.A. 443 of 1966) and respondent (In S.A. 27 of 1966) Appeal from Appellate Decree Nos. 27 of 1966 and 443 of 1966 Judgment Mustafa Kamal J. - These tw......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......Bangladesh on the basis of his having been ever in the employment of Pakistan, as it was specifically provided in P.O, 9 of 1972 now repealed. As per the said President's Order the Government was free to accept or not to accept for service in Bangladesh a person who was in the service of Pakista......s. 3. Annexure 'C' to Writ Petition No.527/79 is Establishment Division Notification No. ED (SA-1)-2/79-208 dated the 20th April, 1979 promoting respondent Nos.3 and 4 as Joint Secretary from Deputy Secretary to the Government of Bangladesh. 4. Annexure 'C' to Writ Petition......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
...... According to these rules (a) the petitioner shall be paid a salary in the scale of Tk. 1050-2000 P.M. with annual increment of Tk. 125/- P.M., (b) he shall be paid office allowance and car allowance free from income-tax, daily free as admissible to any other Deputy Attorney General, (c) he shall be......le 102 of the Constitution an order dated 10th June, 1978 of the respondent, Government, of Bangladesh, represented by the Secretary. Ministry of Law and Parliamentary Affairs, removing him from his office under the provision of the President's Order No. 6 of 1972 Bangladesh Law Office......d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ...... post of Office Superintendent. Again, this promotion as Office Superintendent remains untouched by the Corporation which, however, demoted him from the latest promotion as Assistant Manager which is free from any irregularity of mistake whatever. The impugned order reduced the petitioner in rank an......ted 27.7.78 of respondent No. 5, Joint Secretary, Bangladesh Agricultural Development Corporation, briefly the Corporation communicating to the petitioner the. Corporation's decision demoting him from his post of Assistant Manager in junior executive grade to the post of Office Superintendent in......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
....iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
...... interfere with the even and ordinary course of justice. It is a cardinal principle that when a matter is pending for decision before a Court of justice nothing should be done which might disturb the free course of justice and this Court will discountenance any attempt on the part of any executive o......fferent purpose, such as, for the purpose of ascertainment of the real facts so that the Government could be satisfied that it is a fit case in which the public prosecutor can be directed to withdraw from prosecution of the charge-sheeted accused under section 494 of the Code. Mr. Huq has ......iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
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