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Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ...... 24‑7‑1962. Being aggrieved by the judgment and decree of the Court of appeal below, the appellant preferred second Appeal No.625 of 1966 in the High Court of Judicature at Dacca in the then East Pakistan and the second Appeal No.625 of 1966 was dismissed by judgment and decree dated 1‑2‑198......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....47, and Hoffmn-La Roche Vs. Secretary of State, (1975) AC 295, affirmed the decision of Ridge Vs. Baldwin. However, Professor Wade observed,........"In natural justice cases it is essential to remember that 'void' is not an absolute term: a decision or act may be void against one person......he amicus curiae on this point. 10. Mr. Rafique-Ul Huq the learned Advocate appearing as amicus curiae submitted that the expression of the words 'void' or 'voidable' by the Pakistan Supreme Court in Dr. M.O. Gani's case reported in 18 DLR (SC) 463 is not a happy or cor......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
.... Section 81(2) reads as under: (2) If a company defaults in complying with the provisions of sub‑section (1), the Court may, oil the application of any members of the company, call or direct the calling of a general meeting of the company and give su......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......ion for the administration of the same and the said administrative instruction will be as effective and binding as statutory rules and have precision of the rules and force of law. He has referred to Pakistan vs. Sheikh Abdul Hamid PLD 1961 SC 105 to submit that following decisions of this court adm......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....nt No. 2, Mr. Sargum Ali, 22,000 shares of Taka 100 each of Green Delta Insurance Co. Ltd. (respondent No. 1) hereinafter referred to as the "Company" of which the respondent No. 2 was a member of the Board of Directors. 3. The Company is a public company limited and duly ...... respondent, this article gives absolute and uncontrolled discretion to decline or refuse to register any proposed transfer of shares. But a long line of judicial decisions in England, Bangladesh, Pakistan and India have held that such a discretion is not, in fact, absolute and uncontrolled. The......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......oting him to class 1 post specifically mentioned that while officiating he would get his own pay in his substantive capacity in class II service. Interpreting fundamental rule 35 the Supreme Court of Pakistan held that the Governments own decision printed in the official compilation of the Fundament...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....Ahmed and Mrs. Shahana Ahmed were amongst the first Directors of the company. The remaining 3,500 shares were issued to the respondent No. 2 of the company matter Mr. Mohammadullah, and his family members. The respondent No. 2, Mr. Mohammadullah, until his death in 1999, was a Director and the C......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ...... and opened the iron safe and made an inventory of the ornaments as contained in Annexures A to C to the petition for succession certificate. The ornaments so seized were kept in the State Bank of Pakistan in Khulna. The further case of the appellant is that some of those ornaments were mortgag......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
....se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......Modi Food Products Ltd vs Commissioner of Sales Tax AIR 1956 (All) 35; ML Bagga vs C Murhar Rao AIR 1956 Hyderabad 35; Sarder and others vs State AIR 1961 Calcutta 181; Sugni Chand Dayaram Jatwami vs Pakistan 13 DLR (SC) 221.
Lawyers Involved:
Fariduddin Ahmed, Deputy Attorney‑General, in......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....eed, Ramani, Manindra deed writer Shyama Charan were present but none were examined. We also do not find what prompted a young man of 21 years to give away all his earthly belongings by the gift to a member of the same joint family. He married to live a family life with the plaintiff’s mother.......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......e of Civil Procedure for impleading it as a party in the suit on the ground that the LCs were actually established by it with the defendant National Bank Ltd. in favour of ENAR (Pvt) Ltd. Karachi, Pakistan, for supply of fabrics but the supplier failed to supply fabrics on time and when supplied......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....way the writ petitioner gained illegal monetary benefit by misusing the name of the Board and as per a decision of the Board's Committee meeting held on 29‑3‑1995 a high‑power three member Enquiry Committee was constituted to inquire about the allegations brought against him and ot......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....e but she admitted that she did not receive any injury on her body. She further denied having sold 22 decimals of land and receiving any money for it. 13. PW 4 Amjad Hossain another Union Parishad member stated that the victim informed him that the accused took her to Rajbari and raped her in the......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....reafter Shaymol and his mother went to their house on foot and he returned to his own house. P.W. 3 found Shaymol well in his house in the night. In cross-examination P.W. 3 stated that he does not remember whether he stated to daroga that Shaymol's mother disclosed the names of 3(three) accused......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
.... Court] and the other shall be a person who is a Senior Officer in the Service of the Republic, and such persons shall be appointed by the Government. (3) The Government shall appoint one of the members of the Advisory Board who is, or has been, or is qualified to be appointed as, a Judge of th......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....he property in any respect. The trial Court on consideration. of evidence of DW 2 has observed, "though it is found the deposition of this witness that his all other relations including his family members are inhabitants of India so it has now got to be ascertained whether DW 2 came over here at......d in schedule 'A' to the plaint on the basis of exchange with the property described in schedule ‘B’ to the plaint. Property described in schedule ‘A' to the plaint belonged to erstwhile East Pakistanis i.e. defendant Nos. 5‑12 and the property described in schedule 'B' belonged to the p......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......s of Public Servants (Retirement) Act, 1974 (XII of 1974). 3. The petitioner MA Gafur, joined as Lower Division Clerk on 1st July, 1965 in the Military Estate Office of erstwhile East Pakistan Circle/Dhaka Cantonment under the Ministry of Defence and, according to the said petitione......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....ss-examination P.W.1 stated that she did not have any discussion with the accused appellant about settlement but she had a discussion with her husband's uncle in the Magistrate Court. She could not remember when they told her brother that they would come to their house for settlement on that date. H......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......n support of his interest but the Minister did not consider them and directed him to vacate the house; that Mrs. Ovais Bandi is a citizen of Bangladesh; that she neither left Bangladesh nor opted for Pakistan and her house could no treated as abandoned property; that notices issued by the Ministry o......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
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