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Bangladesh House Building Fin¬ance Corporation Vs. Bangladesh House Building Finance Corporation, 1982, 11 CLC (HCD)

....dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 282.         ......r, AIR 1914 Privy Council page 27; N. Qamar Jahan Begum Vs. Ch. Bansi Dhar, AIR 1942 Oudh 231; Muralidhar Kulthia Vs. Sm. Tara Daye, AIR 1953 Calcutta 349; Kharadah Company Ltd. Vs. Raymon & Co. (India) Private Ltd., AIR 1962 (SC) 1810; Waverly Jute Mills Co. Ltd Vs. Raymon Co. (India) Private L..

Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149     ......9. In Shri Gulabrai Kalidas Naik and others Vs. Shri Laxmidas Lalubhai Patel of Baroda and others, 48 Company cases. 438 a different view was taken. D.A. Desai J. noted that when the Supreme Court of India framed the Company (Courb) Rules in 1959 it had before in the rules of the English Court which..

Category: Company Law | Date: 28 May, 1982 | Hits: 3

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....nd others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The State, 11 DLR 249; Rashid Ah­med Vs. The State, 10 DLR 532; Mofizuddin Mondol Vs. The State 14 DLR 821; Surendra Nath Des Vs. Emperor 38 CWN 52; The King Vs. Baskerville, (1916) 2 KB 658; Shah Alam and others Vs. The Crown 10 ...... State 14 DLR 821; Surendra Nath Des Vs. Emperor 38 CWN 52; The King Vs. Baskerville, (1916) 2 KB 658; Shah Alam and others Vs. The Crown 10 DLR 237; Rameshwar Vs. The State of Rajasthan, (1952) SCR (India) 377; Momtaz Ahmed Khan Vs. The State 19 DLR (SC) 259 (265).   Lawyers Involved: ..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Albert David (Bangladesh) Limited Vs. Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, 1982, 11 CLC (HCD)

....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 356   ......ril 12, 1982 Result: Issues Nos. 6 and 7 are decided in favor of the plaintiff. Admiralty jurisdiction of the Supreme Court Under the Act of 1891(Colonial Courts of Admiralty Act (India) 1891), the High Court Division of this Court was declared as the Court of Admiralty. This Cou..

Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

.... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......arya, AIR 1966 SC 302; Shahabuddin Vs. Pakistan, PLR 1957 Kar 854; Ramkrisna Dalmia Vs. Justice Tendolkor, AIR 1958 SC 538; Accountant General Vs. N. Bakshi, AIR 1962 SC 505; Jaisinghani Vs. Union of India, AIR 1967 SC 1427; State of Mysore Vs. Krisna Murth, AIR 1973 SC 1146; B.S. Vadera & anoth..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)

.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116   ...... Cases Referred to- Rajendra Nath Chandra Vs. Dinu Pradhan AIR 1930 Gal. 738; Harihar Prasad Singh Vs. Deonarayan 1956 SC A. 316 ; Binad Lai Pakrashi Vs. Kalu Pramanik. (1890) 20 Cal. 708; All India Film Cor. Vs. Shri Raja Cyan (1970) 2 SCR 581. Lawyers Involved: Khondker Mahbubuddi..

Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42.       ......10. Next, the question is whether the court should have granted the review application. 11. In the case of Thengajhandra Vs. Government of Andhra Pradesh, (AIR 1964 SC 1872) the Supreme Court of India observed; “For there is a distinction which is real though it might not always be c..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

..../-, in default, to suffer rigor­ous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75.     ......lowing day. He was kept confined in a small room of Chuadanga. Vocational School along with 2 other persons under arrest. In the night he broke the iron rod of the win­dow of the room and fled to India with the other 2 persons. After liberation he returned to Bangladesh and lodged the first info..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

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   ......bsp;of the Code of Criminal Procedure was taken before the Lahore High Court, and the matter was referred to a Full Bench, centering round the question, whether Section 270 of Government of India Act was applicable, which required sanction of the government, before a civil or criminal proc..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

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

....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   ......Sowdagar, 16 DLR(SC)38; Moosa Haji Vs. Province of East Pakistan 12 D. L. R. (Dacca) 236; Mohammad Shamsur Rahman vs. Province of East Pakistan 14 DLR 604; Tej Ram Jag Ram Vs. Union of India AIR 1059 Punj 478. Lawyers Involved: Fakir Shahabuddin Ahmed, with Mohammad Ali, Abu..

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

Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)

.... 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.       ......oration decided that they would not require the balance quantity of 437½ L/tons of paddy seeds and so there could not be any question of non-performance of the contract, that the Government of India declared a state of Emergency on 20.10.62 and the defendant No. 2 could not supply the balance..

Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

.... State……………..........opposite parties 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: Abd......overnment and in their case also section 197 of the Cr. P.C. is not attracted. The learned Advocate has placed before us the case of Aftdur Rahman Vs. King Emperor (1) decided by the Federal Court of India. In that case the question of sanction under section 197 Cr.P.C. for prosecuting two police of..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1

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

....sts.                    Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126   ......he footing of a will executed by his father Chiranjib Sen on 2nd November, 1958 who died on 21st January, 1966. In between came the Indo-Pakistak War in 1965 and the properties of persons residing in India were declared as enemy property. The plaintiff in 1968 filed an application for Letters of Adm..

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

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   ......Doshi, AIR 1957 SC 891; Shiva Charon Vs. Stare of Mysore, AIR 1965 SC 280; Toro Singh Vs. State of Rajasthan, AIR 1975 SC 1487; Kripa Ram Gupta Vs. R.K. Talwar, AIR 1970 All 296;Neskikar Vs. Union of India; AIR 1972 Mys 71; A.M. Khan Leghory Vs. Government of Pakistan, PLD 1967 Lah 227; Pakistan Vs...

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6

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

....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     ...... Judgment K. Hossain CJ. - This appeal is by the heirs of the original plaintiff and the question of law involved is of some public importance, in that, whether a power of attorney executed in India and authenticated by a Magistrate in India and not authenticated by any authorised officer of ..

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

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 ......s for making profits and was in its nature tagged on fixed capital. This view of their lordships of the Privy Council was subsequently successively affirmed by their lordships of the Supreme Court of India in vari­ous decisions from time to time reported in 36 I.T.R. 1975, 37 I.T.R. 381, 38 I.T...

Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2

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

..... 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   ......hin the meaning of Rule, 161 of the De­fence of Pakistan Rules, 1965 and its pro­perties vested in the Custodian under Rule 182 of the said Rules. On the out break of war between Pakistan and India in 1965, Emergency under Article 30 of the Consti­tution of 1962 was declared by the Presi..

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

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. ......to- Jai Behram Vs. Kedar Nath. AIR 1922 PC269; Rodger Vs. The comptoir d' Escompte de Paris, LR 2 PC 464; Kishore Vs.Yashivantrao, AIR 1957 MB 17; Ahidhar Ghose Vs.The Secretary of State for India-in Council 36 CWN 665;Fazlur Rahman Vs. Sajab Ali, 30 DLR SC 30. Lawyers Involved: M..

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

Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)

....This Rule is made absolute. 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) 78     ...... and on that account declared such order of black-list­ing was made without any lawful authority hav­ing no legal effect as such. A recent decision of a Division Bench of the Supreme Court of India reported in AIR 1978 SC 930 has also upheld the aforesaid proposition of law. 6. In the f..

Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2

Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34.           ...... been so stated by section 129 of the Transfer of Property Act. He submits that although by virtue of the assent of the Governor-General under sub-section (2) of sec­tion 107 of the Government of India Act., Non-Agricultural Tenancy Act was a valid legis­lation but the provision with regard ..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3