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Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)

....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......Chandra Pal 62 C.W.N. 133; A.I.R. 1958 Cal. 543 and the other of Madras High Court in the case of Vaidyanatha Vs, Bank of India A.T.R. 1955 Mad. 486, that a shareholder of a limited company was not a person whose interests were affected by a sale of the company's pro­perty and as such had no locus ..

Category: Property Law | Date: | Hits: 118

Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)

....e, is that the appeal is allowed, and the order of the   Subordinate Ju­dge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......n- (1) The provisions of this Code relating to the summoning, attendance and examination of witnesses, and to the; remuneration of and penalties to be imposed upon witnesses, shall apply to persons-required to give evidence or to produce documents under this Order whether the commission i..

Category: Civil Law | Date: | Hits: 108

Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)

....nbsp;                                 ......abad High Court, namely the case of Har Saran Das Vs. Nandi and an­other (1889) I.L.R/ 11 All 330, which referring to the preamble of Act XV of 1856 held that the Act was passed for enabling a person to remarry who could not remarry before the Act was passed and that section 2 of the said Ac..

Category: Property Law | Date: | Hits: 59

Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)

....e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ...... off­ence has been committed in any part of the Province and the Capital of the Fe­deration not being such a district, pro­vince or place, no proceeding will be instituted against any person in respect of such offence without the previous sanc­tion of the Magistrate of the Dist..

Category: Criminal Law | Date: | Hits: 63

Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)

....pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal.  Ed. ......ey were allowed to cast their votes again. At about 11 p.m. at the instance of the appellant, the Presi­ding Officer declared the result of the election which had been vitiated by fraud, false personi­fication, favouratism, etc. 4. The appellant as well as respondent No. 2 who wer..

Category: Others | Date: | Hits: 141

Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)

....eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ......s or assigns in res­pect of the establishment to which the dispute relates; (d) where a party referred  to in clause (a) or clause (b) is com posed of work­ers, all persons who were  employed in the establishment or part of the establishment, at the case ma..

Category: Labour and Industrial Law | Date: | Hits: 138

Bangladesh Small Industries Corpora­tion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)

.... not pass any order of allotment himself but he merely recommended certain applications which were not done with any dishonest intention. Thereafter the respondent was directed to ap­pear before the Inquiry Officer appointed by the Corporation and the respondent accordingly appeared before the Enqu......nd (5) Any other work that may be assigned to him by J, D. Y (P&A). The distribution centres were placed under Yarn Distribution Commi­ttees which were put under the control of local respectable persons, Mr. Safar Ali, the then Member of the Constituent Assembly was placed in-charge of Narsingd..

Category: Employment/Service Law | Date: | Hits: 170

Managing Direc­tor, Janata Bank Vs. Hafijuddin Ah­med and others, 1977, 6 CLC (AD)

....sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the app­eal is dismissed without any order as to costs. Ed. ......er the Constitution and that he had a legal right to file a suit under section 42 of the Specific Relief Act. We may refer to section 42 the Specific Relief Act which runs thus: ''Any person entitled to any legal character or to any right as to any property, main institute a suit a..

Category: Employment/Service Law | Date: | Hits: 70

Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)

....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......tion Act as are  mentioned  and  modified by this Act. Sub-clause (ii) to clause (b) says, within the  prescribed time   as given in proviso to sub-clause (iii), any person interested, who has not accepted the assessment made by the Deputy Commissioner, may move th..

Category: Property Law | Date: | Hits: 135

Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)

....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......siness to deposit the rent with the Rent Controller. Moreover, it has been pointed out by the learned Counsel from the evidence of the tenant that he had deposited the rent without tendering the rent personally or remitting the same by money order with a view to justifying his action in the matter o..

Category: Tenancy Law | Date: | Hits: 76

Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)

.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......orted XV D.L.R, 466. 9. The learned counsel for the appellants submitted that period to the decision in the case of Akaluddin, the consistent view of the Dacca High Court was that where the person abducted was in fact murdered and the dead body was traced out and identified there was no s..

Category: Criminal Law | Date: | Hits: 61

Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)

.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 113. ......the evidence attracts the second clause read with illustration (b) of section 300 of the Penal Code. According to the second clause the offence is murder, if the offender knows that the particular person injured is likely, either from peculiarity of constitution, or immature age, or other specia..

Category: Criminal Law | Date: | Hits: 59

Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)

....nction in the present case.   Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......on of nomination comes as per sub section (1) of section 103 of the Act in the event of death of depositor or depositors. The nominee shall be entitled to the payment to the exclusion of any other person. It therefore appears that the Bank shall be discharged of its obligation by making payment ..

Category: Civil Law | Date: | Hits: 112

Abdul Khaleque Vs. State, 2001, 30 CLC (AD)

....ble doubt at the trial and appeal.   The petition is therefore dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ...... tied the sari around her neck, beat her with bamboo sticks and went away. She was taken inside a room. After some time she died. When her relatives decided to go to the police station the accused persons along with others came to the house and said that they would compromise the matter. Consequ..

Category: Criminal Law | Date: | Hits: 67

Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)

.....   We accordingly dismiss the petition, the delay having been condoned.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 99. .......   We accordingly dismiss the petition, the delay having been condoned.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 99. ..

Category: Property Law | Date: | Hits: 57

Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)

....ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ......arately the valid votes cast in respect of the Chairman candidate (s). The Presiding Officer has no other but to count the votes at the polling centre unless question of safety and security of the personnel in charge of holding election at the centre or that safety as well as security of ballot ..

Category: Election Law | Date: | Hits: 124

Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)

.... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... directing the respondent No. 1 company and the other respondents to take necessary action to conduct the company’s affairs in a manner prescribed in the Articles of Association and allow the person who is named in the Articles of Association as Managing Director of the Company to function ..

Category: Business or Commercial Law | Date: | Hits: 95

Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)

.... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ...... or altering streets. Providing open spaces for purposes of ventilation or recreation, demolishing or construction buildings, acquiring land for the aforesaid purposes and for the re-housing of persons displaced by the execution of improvement schemes and otherwise as hereinafter appearing.&..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)

....issued in the said Writ Petition stands discharged.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 77.   ......   The Customs Act, 1969 (IV of 1969), Section 180   The Constitution of Bangladesh, 1972, Article 102   Only that person is entitled to get a show cause notice from whose custody the goods in question is seized. ..

Category: Business or Commercial Law | Date: | Hits: 99

Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)

....this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 70.   ...... The Code of Civil Procedure 1908 (V of 1908), Order XXXIX rules 1 & 2   The Bank Companies Act 1991 (XIV of 1991), Section 46   A person who is aware of an order of the Court is bound to obey the same even though he was not a pa..

Category: Business or Commercial Law | Date: | Hits: 131