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Bengal Water Ways Ltd & Another
....nd Zahiruddin Ahmed was the Operating Director of the Company. 6. In June, 1962, Alauddin Ahmed transferred his shares in equal proportion to respondent No. 1 and Zahiruddin Ahmed and thereafter completely retired from the Company and Company's bussiness and since then Rahimuddin Ahmed had ......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 ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... were to be supplied and must be alleged and proved. D.W.1 has not alleged any such circumstance in his evidence. D.W. 1 who stated the defence case did not even say that the defendant No.2 could not complete supply due to circumstances beyond the control of the defendant. There is thus absolutely n...... 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. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....on, enumerating acts or expression denoting collaboration; and they are aid, assistance or support to any activity directed against the liberation struggle or the creation of Bangladesh. This makes a complete sense, in that, if the officer concerned in the exercise of the power or discharge of dutie......conomise in truth. The Board is fully satisfied that the accused Teacher is one of the authors of the letter published in the London Times in its issue of the 7th July, 1971 in which he supported the barbarous Pakistani Regime and accordingly finds him guilty of collaboration.” 23. As reg..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ce was served in exercise of powers conferred by Sub-section (2) of Section 9 of the Public Servants (Retirement) Act, 1974 (Act No. XII of 1974). No reason excepting the statement that the appellant completed 25 years of service appeared in the notice. In his petition under Article 102 of the ......n that such wide powers in the hands of the executive may in some case be misused or abused and turned into an engine of oppression has caused considerable anxiety in our mind. Nevertheless, the bare possibility that the-powers may be misused of abused cannot per se induce the Court to deny the..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....intimate the lawyers of the parties of the arrival of the records of the case and to fix another date for filing of objection against the report of the Pleader Commissioner and is further directed to complete the proceedings by passing a final decree within 3 (three) months from the arrival of ...... 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. ..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....e High Court Division following a decision of the Supreme Court of Bangladesh Appellate Division in the case of Halima Khatun Vs. Bangladesh, (1) summarily rejected the writ petition, in view of complete ouster of the jurisdiction of the Court by clause (6) and (7) of M.L.R. 4 of Martial L......artial Law Court can be challenged in any Court of Law. The writ jurisdiction of the High Court Division as conferred under Article 102 of the Constitution is to be exercised subject to the bar put under the Proclamations and the Martial Law Regulations." 23. Of course the Martia..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....g in force, a raiyat shall not enter into any form of usufructuary mortgage other than a complete usufructuary mortgage in respect of his holding or of a portion or share thereof, and every such complete usufructuary mortgage shall be subject to the same limitations as are imposed by secti...... to have been done by President's Order No. 24 of 1973 and speculated that the consequences flowing from the impugned Presidential Orders construed literally would amount to a virtual embargo upon this common form of transaction and "it is more than likely that such a form of tran..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....e, parties to the application. Object of sub-section (2) is to have all the co-sharer tenants or all the tenants holding lands contiguous to the land transferred, before the Court for proper and complete adjudication in accordance with law. A co-sharer tenent or tenant holding land co......se names were, supplied by the pre-emptee. At the trial only two points were pressed, namely, whether the petitioners were the owners of the contiguous lands and whether the application was barred by limitation. On both the points the learned Munsif found, on consideration of the evid..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....notice of the Labour Court for its decision by reason, of the express prohibition contained in section. 43 of the Ordinance: Being unqualified the prohibition must seem lg be both total and complete." 23. A dismissed worker can, however, bring an application under section 34 duri......p;……………………….Appellant Vs. Chaiman Second Labour Court, Dacca & Another……… Respondents Mir Ally Akbar………………………Appellant Vs. ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
..... It was further stated in the affidavits-in-opposition that there is a Government decision being decision of Council Committee of Ministers dated 8-6-77 to the effect that no person who has not completed 14 years of continuous service as Class 1 officer shall be eligible for promotio......did not act upon the said decision and that the Establishment Division itself had at no point of time before issuance of Rule in these cases 01 20-6-76 thought of 14 years of service requirement as a bar of promotion. He submitted that the names of the petitioners were forwarded by the Establishment..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... even if the trial Court disbelieved the genuineness of Ext 5, the fact of handing over the lease deed and letter of extension of tenancy by the donor at the time of gift proved the that the gift was completed and effective in law. He has also submitted that the trial Court failed to consider the pu......s of the so-called oral gift which is an afterthought and concocted with ulterior motive for illegal gains. They further contended that section 23 of Non-Agricultural Tenancy Act, 1949 is a bar to the accrual of title the plaintiffs in the suit property in the absence of a registered writ&..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
....lip;..(10)
The appellants are under a "legal obligation" towards the respondents "to carry out specific ministerial duties" clearly imposed upon them by law, namely, "to complete the formalities to transfer the mill"; the High Court Division is empowered ......ier decision. This point was also noticed by the High Court Division. On the contrary, from the Annexure-D, it is clear that in the conference held on 21.6.77 all the issues were discussed threadbare and decisions were taken for effecting the transfer of Mohammodi Calendering & Printing Mil..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....pellant was the Managing Director and Jahiruddin was the operating Director of the Company. In June, 1962 Alauddin transferred his shares in equal parts to the appellant and Jahiruddin and thereafter completely retired from the Company's business and since then the petitioner has been acting as ...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
....use of the requirement of presence of community of interest amongst the parties to a suit for partition a stranger could not be impleaded even when his presence was found necessary for doing full and complete justice to the parties in one action. Widely, prevalent practice of henami transaction in o......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
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Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
.... out and that the name of any person who ought to have been joined, whether as plaintiff or defendant or whose presence before the Court may be necessary in order .to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit be added. (3)No......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
....le the questions involved in the suit. I, therefore, find that opposite parties Nos. 6-11 who were added as defendants in the suit are not necessary or proper parties for the purpose of effective and complete adjudication of the issues involved in the suit and as such, the impugned order cannot be s......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
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Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....here with their families. Certified copy of the evidence of P. W. 1 has been produced before me by the learned Advocate for the petitioner. By the proposed amendment, the plaintiffs have introduced a completely new case alleging that the suit property actually belonged to one Mariam khatun who paid ...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
.... by the customs officer.”
The last contention of Mr. Rafiqul Haque, this learned Advocate is that the notification dated 5. 12. 62 is in his favour because the Hydrant Sprinkler Plant is a complete plant, and forms an integral part of the machineries used by a jute manufacturer for its in...... has no manner of application in this case and furthermore the Sales Tax was assessed on 9.5.1968 for the assessment year ending on 30.6.63 and as such the notice, as well as the assessment were barred by limitation and the third ground taken in this affidavit-in-opposition against the applicat..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....owdhury has contended that institution of such a suit against a sub-tenant claiming rent within the knowledge of the sub-tenants immediate landlords will be sufficient evidence that the annulment was complete, in support of this contention he has relied upon a decision of the Calcutta High Court in ...... with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of Faridpur Collectorate, This touzi has been recorded in R. S. Khatian No. 509 of mouza Bhsnnabari. There are three under-tenures of this touzi and they have been recorded in R.S. Khatians Nos. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....ry has contended that institution of such a suit against a sub-tenant claiming rent within the knowledge of the sub-tenants' immediate landlords will be Sufficient evidence that the annulment was complete, in support of this contention he has relied upon a decision of the Calcutta High Court in ...... with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of Faridpur Collectorate, This touzi has been recorded in R. S. Khatian No. 509 of mouza Bhsnnabari. There are three under-tenures of this touzi and they have been recorded in R.S, Khatians Nos. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
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