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Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....pplementary affidavit along with some documents to show that Alauddin's shares were transferred equally to him and respdt. No. 1 and not to the latter alone. He filed an application for drawing a contempt proceeding against the respdt. No. 2 (the Sangstha) alleging that the compromise between re......dent No. 2 Appeal No. 8 of 1975. Judgment Shahabuddin Ahmed J. - This is an appeal from a judgment and order of a learned Single Judge of this Court dated 18-2-75 dismissing a petition for winding up of a Company under section 162 of the Companies Act, 1913. Petitioner is th...... 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 ...... 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
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......sp;13 of the, Police Act in Misc. Petition No. 2 of 1977. 2. The facts of the case, briefly stated, are as follows: On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of the Poli......proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......the petitioner may get relief under section 13 of the Police Act.” Being aggrieved by the said order the petitioners opposite parties Ali Akbar Pandit and 33 others moved the Sessions Judges, Bakerganj for making a reference to this Court with a recommendation to set aside impugned o..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......sp;13 of the, Police Act in Misc. Petition No. 2 of 1977. 2. The facts of the case, briefly stated, are as follows: On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of the Poli......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......etitioner may get relief under section 13 of the Police Act.” Being aggrieved by the said order the petitioners opposite parties Ali Akbar Pandit and 33 others moved the Sessions Judges, Bakerganj for making a reference to this Court with a recommendation to set aside impugned o..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......d asserting that the value of the property was correctly shown in the relevant sale deeds. The respondent submitted also a statement of his income salary and other sources to show that the price paid for the property was legally earned by him. 4. The said Screening Board rejected his explanati......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....n. When the High Court Act of 1861 was passed functions and power was preserved by section 9. Letters Patent of 1865 declared that the High Court is a Court of record and empowered to punish for contempt. Government of India Act, 1919 by section 106 preserved all the jurisdiction of t......t Badrul Haider Chowdhury J.-. This is directed against an order of conviction passed in Martial Law Case No. 6 of 1977 by Special Martial Law Court No. II, Dacca sentencing the accused to death for declaring the same to have been passed without any lawful authority and is of no legal effect an....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ...... a manner which is a negation of it. Since jurisdiction of the superior Court is to determine the question between the litigating public in accordance with law this function has been saddled upon the Judges of this Court for achieving the end of law which is human happiness. Therefore, it is argued ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......tion as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” ......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......r such orders are to be deferred until notice of an order under sub-section (1) of section 145 hat been served upon the persons who may be affected by such order.” 6. The learned Judges noticed the decision of a Single Judge reported in A.I.R. 1958 (Punjab), 47 wherein the learn..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......tion as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing op formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” ......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......r such orders are to be deferred until notice of an order under sub-section (1) of section 145 hat been served upon the persons who may be affected by such order.” 6. The learned Judges noticed the decision of a Single Judge reported in A.I.R. 1958 (Punjab), 47 wherein the learn..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
....e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......perties, which stood in the name of one Paresh Chandra Bardhan, on the basis of valid documents, that certain other lands standing in the name of Chittotosh Bardhan were debutter properties dedicated for the worship of the ancestral family deity of the appellant, who, being the eldest member of the ......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......t-in-opposition and contending, inter alia, that the disputed properties excepting certain items were enemy properties and the respondents were authorised to manage the same.
4. The learned Judges of the High Court disposed of the Rule by their judgment dated 1-12-69 on holding that the re..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......e respondent, without issuing a Rule upon the appellant, who was the sole opposite party in the said application, and setting aside an order of dismissal of an appeal preferred by the respondent for his failure to put in a sum of Tk. 500/- within the time directed by the appellate Court. ......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......, moved an application under section 115 of the Code of Civil Procedure in the High Court Division against the said order of dismissal of the application under section 151 of the Code and the learned Judges of the High Court Division passed an order ex parte without issuing any Rule upon the appella..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
....beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
......s. Anwara Begum. It is stated that the detenu is detained by an order dated 23-3-77 under rule 5(1)(a) of the Emergency Powers Rules, 1975 (Annexure-A). It is further stated that there is no material for which the detaining authority could pass the order of detention and it is stated that the detenu......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
......he case of Kalipada Hazara Vs. Govt. of Bangladesh (Criminal Misc. Case No. 69/77) by another Division Bench to which one of us was a party. It was noticed that unfortunately attention of the learned Judges was not drawn to section 2, clause (viii) of the Emergency Powers Act which gives vires ..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ......Tenancy Act is a statutory right and is to be exercised within the scope of the statute itself. There is no embargo in the State Acquisition and Tenancy Act that the right of pre- emption shall stand forfeited if a disqualified person is joined with the pre-emptor in an application for pre-emption&h......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ...... he was recorded as a co-sharer in the village papers. Since the plaintiff having a right of pre-emption joined with himself in a suit for pre-emption, a stranger, he forfeited his right. The learned Judges following the previous decision of said High Court expressed themselves in the following term..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......charya J. - This appeal by special leave is against a judgment of a Bench of the High Court Division, allowing a Second Appeal and restoring the judgment and decree of the trial Court by which a suit for declaration of title and for recovery of possession of certain lands, brought by Respondent......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......Defendants No.1 and 2 came into possession of the said land by virtue of the purchase made from the heirs of Faizuddin Haji. 6. In the Second Appeal preferred by Respondent No.1 the learned Judges of the High Court Division reversed the findings of the Court of appeal below on the view tha..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ......iminal Revision No.1173 of 1974) Judgment Ahsanuddin Chowdhury J.- This appeal by Special leave arises in the following circumstances: Complainant Abu Taleb Gazi lodged a first information report at the Kotwali Police Station, Jessore alleging that his brother deceased Lutfar......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ...... merits after recording of evidence in either case. Had cognizance been taken in these cases on the basis of fresh complaints there could be no objection to the proceedings at all. The learned Judges did not see any difference between a fresh complaint and a revival of the same proceeding...Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ......ns of fact and law are involved, and the same are being disposed of by this judgment. 2. In Writ Petition No. 351 of 1976 it has been stated, inter alia, that the petitioner Mr., A. Khalilullah, formerly Sub-Overseer cum-Sectional Officer, Jhenidah Building Sub-Division, under Building Division......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ...... made the recommendation merely on consideration of the evidence recorded in the departmental proceeding. With regard to the second contention which evenly was not very seriously pressed, the learned Judges observed as follows:- “The P.O. 67/72, of course, does not debar the Screening Boa..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......owdhury J.—This rule is directed as to show cause why the detention of KalipadaHazra now being detained in Jessore Central Jail should not be declared illegal and why he should not be brought before this court and set at liberty or such other or further order or orders passed as to this court ......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......urity no less injuring the interest of People's Republic of Bangladesh.”
These observations are based on an erroneous conception and it is unfortunate that the attention of the learned Judges was not drawn to clause (viii) of section 2 of the Emergency Powers Act which empow..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ......he taking away of six bags of wheat. On 31st October, 1974 the people found Ismail Member in the house of Rostum Ali and asked him about the wheat and on his inability to say anything he was taken by force by the people to the Union Parishad Office where he was assaulted. 3. The Police after in......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ......In this connection reference may be made to a decision of the Lahore High Court in the case of Muhammad Nawaz Khan Vs. Noor Mohammad Khan and others, P.L.D. 1967 Lahore, 176. In this case the learned Judges considered the implication of sections 173 and 190 of the Code and made t..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......"S.S. FIR-DAUSA" belonging to defendant-respondent No.1. After its arrival at Chittagong on February 28, 1951 the ship discharged goods on and from March 3, 1951 to March 5, 1951. The aforesaid goods were found in a damaged condition and the appellants went to the Jetty on March 4, 19......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......hter vessel. The liability of loss or damage after the goods left the ship was clearly that of the plaintiff in accordance with provisions of the aforesaid clause of bill of lading". The learned Judges of the High Court differed from the decision in Adam Limited Vs. East West Steamship Company,..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 358
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......against a judgment of a Bench of the High Court of East Pakistan disposing of a reference under section 66 (2) of the Income Tax Act in connection of the assessment of the income tax of the appellant for the assessment year 1951-52. 2. The appellant is a Dealer in Jute and an income tax assesse......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......return was correct and complete and that he required the presence of the assessee on production of some evidence for explaining certain matters in connection of the said return. 14. Learned Judges of the High Court have taken the view, which the learned Counsel for the Revenue has sought t..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
...., 1908 (V. of 1908); subject to the provisions of sub-section (1) and shall also have the powers of acting under section 480 of the Code of Criminal Procedure, 1898 (V of 1898), in cases of contempt. "(3) The Court shall, for the purpose or trying an offence under section 31......xes of the jurisdiction vested in it, in holding that the notice allegedly sent by post was duly served upon the petitioner, inasmuch as, no evidence has been produced to show that in fact the notice for the petitioner was actually posted by anybody. 3. Before we take up the above noted points ......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ......an Employment of Labor (Standing Orders) Act, 1965 is a court of civil jurisdiction; and that such court is a court; in accordance with the provision of section 141 Of the Code. The learned Judges have answered the question in the affirmative stating that the Labor Court having been empowe..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ......on under section 47 of the Civil Procedure Code, which was rejected by the executing court by an order dated 27.12.69. From this order judgment-debtor filed an appeal being F.M.A. no. 90 of 1970, before the Dacca High Court. During the pendency of this appeal on 6th of October, 1971, the Supreme ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ......ibur Rahman, as the President, issued Provisional Constitution Order which provided amongst others, that there shall be a High Court of Bangladesh, consisting of a Chief Justice and so many other Judges, as may be appointed by the President from time to time. The Provisional Constitution Order ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
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