Search Options
Judgment Advanced Search
Displaying 3081-3100 of 3397 results.
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....cate-General or Collector has been given to a suit by three persons as plaintiffs the suit cannot validly be instituted by two only. The suit as instituted must conform to the consent. On the other hand if the three persons join as plaintiffs and two of them die pending suit, the suit does not b......order, he made a representation to the Additional Deputy Commissioner (Requisition) Dacca who on the basis of the direction of Mr. Madani took the view that the area marked 'A' in the sketch map covering plots Nos. 732, 733, 734, 694 and 737 which were not required for the purpose of D.I.T. staf......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....t of the Constitution, i.e. on or before the 15th day of March, 1972; and that this petition is incompetent, having been lodged after that date. 8. Learned Counsel for the petitioner, on the other hand, submitted that paragraph 7 of the Fourth Schedule of the Constitution was a remedial enactment......is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. (From the judgment and ......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....Pak Pharmaceutical Works Limited, (hereinafter referred to as "the firm") which was incorporated in 1954 in the town of Barisal and of which Ram Lai Bhattacharjee, Jibananda Bhattacharjee and Suresh Chandra Sen Gupta, who contributed Taka 23.000/- were the first directors. Upon the death of Suresh C......hether having regard to the provisions of the President's Order No. 29 of 1972 and the fact that the ownership, dominion and control of the properties and assest of the firm came to be vested in the Government of Bangladesh thereunder, the said Government was a necessary party in the application b......d assets of the firm, which were treated as enemy properties, shall vest in the Additional Custodian of Enemy Properly in Last Pakistan which, in pursuance of the said notification, took over the management of the firm. This being the state of affairs, the properties and assets of the firm were ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....ion of the scope of power under Article 102 (2)(b)(i) of the Constitution. He also referred to the American Law on the point. 4. Mr. S.R. Pal appearing for the respondent, on the other hand, invited our attention to the relevant Articles of Halisbury’s Laws of England, s......in the said Constitution. Ed. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... Magistrate also committed an error of law in not releasing the land from attachment in the aforesaid circumstances. Mr. M. R. Khan the learned Advocate-on-Record for respondent No. 2, on the other hand, contended that as the learned Additional District Magistrate in his order dated 25. 3. 68, w......e Code of Civil Procedure: Provided that, in the event of a receiver of the property, the subject of dispute, being subsequently appointed by any Civil Court, possession shall be made over to him by the receiver appointed by the Magistrate, who shall thereupon be discharged." ...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ..Category: Criminal Law | Date: | Hits: 49
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
.... to the Court of Sessions to stand trial on a charge under section 302/109 of the Penal Code. 2. The appellant Lutfun Nahar Begum along with three persons, namely, Sadhan Kumar Mali, Surid Chandra Das alias Suresh Chandra Das and Nagar Bashi Mali were committed to the Court of Sessions by......ons alleging that they had murdered the two persons at the instigation of the appellant who promised to pay them Rs. 2000/- and had paid Rs. 1000/- in advance. This amount was subsequently recovered from the co-accused Nagar Bashi. Police investigated the case and submitted charge sheet and......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....f 1974). Badsha Miah.....................Respondent (In Criminal Appeal No. 8 of 1974). Md. Bazlur Rahman Miah & another……....Respondents (In Criminal Appeal No. 9 of 1974). Gopal Chandra Roy & another ……………………Respondents (In Criminal Appeal No. 10 of 1974). ......s also Reported in: 27 DLR (AD) 16. ......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....bsp; Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 388; The State Vs. Puma Chandra Mondal 22 DLR. Dac. 280. Lawyers involved: Abdur Rashed, Advocate— For......Durani who had been in the hut of Yasin Sk. On that night was not found in the house after the said occurrence. The defence further case was that there was a friction between Habi Durani and Maleka over the latter’s share in their paternal properties Habi Durani wanted Maleka’s share ......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....ained in any other law for the time being in force every order or decision of the High Court shall be final and binding for all purposes as between the banking company on the one hand, and all persons who are parties thereto and all persons claiming through or under them ......y Judge and as such when it appears that section 72 of the Ordinance has prohibited an appeal otherwise than what has been mentioned in that section no appeal would lie from an order which is not covered by the exception. Accordingly, the order made by the Company Judge in deciding the applicati......f the Ordinance, 1962, it was ordered that "he shall not, without the leave of the court, be a Director of, or in any way, whether directly or indirectly, be concerned or take part in the management of any company for five years from the date of the judgment, that is, March 22, 1973. ..Category: Business or Commercial Law | Date: | Hits: 101
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
.........Respondents Judgment July 10, 1978. Lawyers Involved: T.H. Khan, Senior Advocate instructed by S.M. Haq, Advocate-on-Record—For the Appellants. M.H. Khandkar, Senior Advocate (K.M. Hasan, Advocate with him) instructed by Aminul Huq, Advocate-on...... latter part of January, 1973. On making enquiries the appellants came to know about the transfer in February, 1973. As the schedule properties are non-agricultural homestead which existed for over twenty years prior to the appellants' purchase, they filed the aforesaid petition for pr....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......ngly writ jurisdiction could not be invoked to impugn the order of termination. 6. It is admitted that the respondent is an employee of a private limited company whose shares vested in the Government and under the provisions of Article 5 of P.O, 16 the said company was placed ......e appellant as the Public Relations Officer. The Respondent was transferred from the Tabani Beverage Co. Ltd. to Model Electrical Engineering Corporation, another abandoned concern, under the management of the appellant, as Sales Officer. The respondent having not joined his assignment..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ...... petroleum products in the territories now comprising Bangladesh. (b) After emergence of Bangladesh all business and assets of the said Pakistan National Oil Limited vested in the Government of the People's Republic of Bangladesh under the Bangladesh Abandoned Properties (C......, binding or marketing of petroleum including its import, export, purchase, storage sale or distribution" The Corporation has been given the function to act as managing agent or to enter into management or any other agreement or contract with any firmer company. Thus the provision show..Category: Business or Commercial Law | Date: | Hits: 107
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....nd the original founder was the grandfather of the deceased plaintiff. No custom had yet been built up worth the name because the Darbarsharif is not yet over 100 years standing. On the other hand, it appears that after the death of the original founder his son Moulana Abdul Hye became the ......nly in third generation of the family and the original founder was the grandfather of the deceased plaintiff. No custom had yet been built up worth the name because the Darbarsharif is not yet over 100 years standing. On the other hand, it appears that after the death of the original founder......dinate Judge further found that the deceased plaintiff managed the property by virtue of a memorandum of agreement between the plaintiff and defendants dated 9-2-62 in respect of the management of the Darbarsharif. He also found that the Darbarsharif being an ancestral private pro..Category: Civil Law | Date: | Hits: 91
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
.... has not disputed the correctness of it. The record does not show that Assessee had made out any case that his administrative review was still pending with the National Board of Revenue. On the other hand, at it appears from the Circular No. M.L.R. No. 1 of 1969, no administrative review lay In the ......ntention and discharged the rub. Thereafter, by special leave the appeal was filed and this Court by its judgment allowed the appeal holding that the arrear tax assessed against the firm not being a Government debt before emergence of Bangladesh is not recoverable by any process of law. This Divisio......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... West Steamship vs. Pakistan (1958) 10 D.L.R (SC) 52; Matajoy Dobey vs. H.C. Share AIR 4956 S. C. 44; Padfield vs. Minister of Agriculture, Fisheries and Food All. E.R, 1968, 694; Bombay vs. Saubhagachand M. Doshi AIR 1957 S.C. 892; Krepa Ram Gupta vs. R.K, Talwar AIR 1970 All. 296; A.M. Khan Legher......e appellant was appointed the Joint Director of the Institute and in March, 1967 was appointed to act as Professor of Medicine in addition to his duties as Joint Director. 5. In July, 5969 the Government decided to convert the post of Director and professor of Medicine of the Institute into no......osts. 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: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....n was mala fide and passed in violation of the principles of natural Justice. 3. Some background is necessary to understand the position inter se of the Enterprise and the Corporation on the one hand and the appellant on the other. Originally, the appellant was employed as Internal Auditor in t......ly.) Judgment: Fazle Munim J.- These two appeals, namely, Civil Appeal Not. 196 of 1979 and 65 of 1980 Involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals. Civil Appeal No. 167 of 1979 arises from the judgment and order of a ...... and Disposal) Order, 1972, (P.O. No. 16 of 1972). There can be no doubt that the vesting of shares of the company in the government under section 4 of this Order leads to government control over the management and direction of its affairs. Other relevant provisions which went to establish such cont..Category: Employment/Service Law | Date: | Hits: 104
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....rt Appellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Ful Chand Das and others......................Appellants Vs. Mohammad Hammad and others....... They became victims of communal riots which broke out in January 1964; their huts and houses were burnt and their movable properties looted; they took shelter in the refugee camps opened by the Government in the city of Dacca. After some time they returned to their village and after reconstruc......ash; In this section, the word ''transfer shall include sale, exchange, gift, will, mortgage, lease, sub-lease or any other manner of transfer or any agreement for such transfer, or change of management through a power of attorney or otherwise, but shall not include a mortgage to Governmen..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....of section 107 read with section 112 of the Code the impugned order to execute a bond straightaway is illegal. 6. The impugned order shows that the second party were, on the one hand, 'restrained from entering into the disputed land" and, on the other hand, they were...... of the Code, against appellants- second party. But the learned Magistrate by an order dated 20.7.74 treated the application as one under section 145 of the Code since there was a dispute over possession of a land likely to cause breach of the peace, and accordingly drew a proceeding t......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ..Category: Criminal Law | Date: | Hits: 51
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... 1 52 (SC) 1753; State of Mysore V. Acholah Chetty, AIR 1969 (SC) 477; Indira Gandhi V. Rajnarain AIR 1975 (SC) 2299; Hori Singh V. Military Estate Officer AIR 1972 (SC) 2205; Kanta Katuria V. Manik Chand, AIR 1970 S.C. 694; Piere Dusadh V. King Emperor (F.C.) 1; Dy. Commissioner, Kainrip Vs. Durgan......he change of the law. Whichever method is adopted, it must be within the competence or the legislature and the language adequate to attain the object of validation. If the legislature has the power over the subject-matter, it can at any time make such a valid law and give it a retrospective operat......ir respective contentions. 13. The first case referred to is Sadasib Prakash vs. State of Orissa, AIR 1956 SC 432. Facts are that the Commissioner of Endowments prepared a Scheme to take over for management of certain religious institutions, called 'Muts' under the Orissa Hindu Religious Endowme..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....has the benefit of that doubt. An appellant from conviction can always invoke the support of these principles, if he can show that the facts of his case come from within their purview. On the other hand, the task of the appellant from a judgment of acquittal is more difficult to satisfy the Court......s aforesaid there shall be no appeal from any order, judgment or sentence of Special Tribunal and no Court shall have authority to revise such order, judgment or sentence. (2) The Government shall for the purpose of this Act, constitute one or more Appellate Tribunals; and an ......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
15861585158315821581157915771575157315691568156715611559155515541542154015361535