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Archana Proshad Nandi Vs. Miss Chilia Ran­dolph and others, 1981, 10 CLC (AD)

....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.   ......la in so far as 1/3rd share is concerned on 27.1.81. When 3 persons stipulate that they agree to sell their properties, it is obvious that the tenor of such agreement is that they held it in equal shares. The presumption is rebuttable, no doubt. But that has not happened in this case. If the Hig..

Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234

Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)

....up under the Army Act, 1952, in the writ jurisdiction of the High Court Division under Article 102(5) of the Constitution. 2. It is to be observed that this Division has already in the majority view in the case of Bangladesh VS. Md. Abdur Rob, (33 DLR (AD) 143) and in the case of Bang......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

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

....her purpose whatsoever without the previous permission from the Government in writing. When the respondent society applied to the District Authority for acquisition of land, it had 1064 members, vast majority of whom have no land or house at Dacca. At present the number of members of the respondent ......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   ..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Bengal Water Ways Ltd & Another

....e two original share-holders transferred to him 100 shares, so mat at all material times. Ebrahimi held 400 shares, Nazar 400 shares and Geore Nazar 200 shares. Nazar's father and son, thus had a majority of the votes in general meeting and until the dispute all the three remained directors. Lat...... Ahmed, and Rahimuddin Ahmed himself were the first directors as well share holders of the company. 5. The Memorandum as well as Article of Association of the company provided for two classes of shares and share-holders 'A' and 'B', the former carrying right to vote and the latt..

Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0

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

....d the Customs Authorities in their affidavit nowhere disclosed if any enquiry has been instituted or any step has been taken to prevent recurrence of such incidents which, if not done, is certainly a major lapse on the part of the Custom Authorities. The casual and perfunctory manner in which such a......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   ..

Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2

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

....n contending, inter alia, that the assessment of Urban Immovable Property Tax for the year 1957-58 to 1962-63 was made without taking into account the valuation of the Oil Storage Tanks, which formed major portion of construction of the Oil Depot. The omission was detected at the time of assessment ......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   ..

Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0

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

....power conferred upon the Government amounted to uncontrolled discre­tion amounting to discrimination. It was also equivalent to the power of compulsorily retiring a government servant which, is a major penalty under the Government Servants (Discipline and Appeal) Rules, 1976, and as such an orde......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)

....e. dismissal of his service from any statutory Corporation, the question that finally and perti­nently comes up for a decision is whether the authority of such statutory Corporation can inflict a major punishment like dismissal from service upon any such employee in the absence of any statutory ......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

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

....ticle 25 is as follows: "No share shall be transferred from any member of the Burmah Group to any per­son other than a member of the Burmah Group unless such transfer is approved by the majority of Directors." 51. On the basis of its present Articles of Association the Board ......hich was incorporated in 1964 under the Companies Act, 1913, subsequently passed through different processes changing its status from a limited company to a public enter­prise. In 1968 all of its shares held by the EPIDC were transferred to the President of Pakistan. After the emergence of Bangl..

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

Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)

.... sub­mission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution with­out any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ......ary decree drawn up on 27-3-73, however, did not reflect either the original or corrected order portion of the judgment of the learned Subordinate Judge, It contained some mistakes with regard to the shares of the parties and remains unconnected even to this day. 10. Mr. M.H. Khondker, the lear..

Category: Property Law | Date: 28 Apr, 1980 | Hits: 3

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

....he Labour Court. There will be no order as to costs. K.M. Subban J.- I also concur with the judgment of my learned brother Fazle Munim, J. Ruhul Islam J.- With due respect I differ from the majority judgment, and give my rea­sons in support of the dissenting judgment. 35. These fo...... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ..

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3

Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)

....ave decided the ques­tion on the facts before us. In the result, we dismiss the appeal with­out any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......0/- and on the earlier occasion Tk. 15,000/- was paid through defendant 1. The three persons, the plaintiff and the two defen­dants got a joint decree on a single contract which was silent as to the shares of the ven­dors. Neither in the contract nor in the de­cree is there any mention of the pro..

Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236

Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)

....t suddenly he received the impugned order dated 27-7-78. Annexure "F" by which he was demoted to the post of Office Superintendent. According to the Corporation Service Regulation this is a major punishment by way of reduction in rank and as this punishment has been inflicted without givin......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

Md. Bokiotullah Vs. Chairman, Council of Cadet Colleges and Secretary Mi¬nistry of Defence, Govt. of Bangladesh, 1979, 8 CLC (HCD)

...., deal with inquiry procedure in cases of inefficiency, misconduct and corruption. Provisions of Sub-Rule (e) of Rule S of the said Rules are quoted below: “5(e)(i). In cases calling for a major penalty the authority having power to impose the penalty shall frame a charge communicate it t....... In the facts and circumstances of the case we pass no order as to costs. Md. Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 261   ..

Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1

Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)

....itioner is the appellant and respondent No. 1 is the Company styled "Bengal Water Ways Ltd." formerly "Pak Water Ways Ltd”; respondent No. 2 Bangladesh Shilpa Rin Sangstha is the major creditor of the Company. 2. Case of the Petitioner appellant is that he, his elder brothe...... the appellant and the appellant himself were the First Directors as well as Share-holders of the Company. The Memorandum as well as Articles of Association of the Company provided for two classes of shares, 'A' and 'B' the former carrying right to vote and the latter carrying no suc..

Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6

Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

.... “Before placing an officer under suspension the authority shall have to form a definite opinion as to the nature of punishment to be inflicted on consideration as to whether the offence is a major or minor one. The authority concerned should apply its mind to the allegation brought against ......er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21   ..

Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1

Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)

....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424.   ......ot maintain the petition for final decree. 3. Mr. Nizamuddin Haider, the learned Advocate appearing in support of the Rule contends that the suit was decreed in preliminary form granting certain shares in favour of the plaintiff and as such the suit was not liable to be dismissed unless the sai..

Category: Property Law | Date: 20 Jun, 1978 | Hits: 3

Abdul Majid Howladar Vs. Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others, 1978, 7 CLC (HCD)

....n view of the above, the appeal is dismissed with costs. Prayer for leave under Clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 217 ......y converted into deed of release and that as defendant No. 1 did not pay the consideration for the document defendants Nos. 2 and 3 withheld the registration ticket. These defendants prayed for their shares in the suit land. 5. The trial court held that the plaintiff's father, Mujahar, was ..

Category: Property Law | Date: 14 Jun, 1978 | Hits: 2

A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)

....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ..

Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4

Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)

....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ..

Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3