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Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ...... led to hold on consideration of the oral and documentary evidence on record that the pucca house was built by the plaintiff's predecessor and not by defendant No. 1 as claimed by him. There is no dispute that the original huts before the so fire accident were constructed by the plaintiffs' pred..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......n of complaint does not disclose any offence committed by the accused petitioner far less the offence taken cognizance of. 19. It is the second contention of Mr. Hamidul Huq Chowdhury that the dispute sought to be resolved in the criminal court is basically a civil dispute. The complaint has ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ...... to the old Code of Criminal Procedure as if no amendment has been made and in that view he argues that the case being a pending one should be tried with the aid of assessors. In this case, it is not disputed that the records were transmitted to the Court of sessions on 15-6-77 and the Law Reforms O..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......er I find no substance in the contention of the learned Advocate for the petitioner. 8. Secondly, he has sought to contend that since a complicated question of tide was raised with regard to the disputed premises, the S.C.C. Judge had no jurisdiction to try the suit under the S.C.C. Act. The le..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......ment March 9, 1983. Result: The Rule is discharged. Disputed Question of Title A proceeding under section 145 of the Code of Criminal Procedure is not a proceeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Procedure is..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......ude any proceedings under Article 226 of the Constitution", the view taken by the Privy Council in Thakur Prasad's case I.L.R. 17 All. 106 (P.C.) was uniformly followed and that there was no dispute that in the matter of execution of the judgments in writ petitions the provisions ..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
...... execution of an Irrigation Project. 'Feni Regulator', involving about thirteen crores of taka. The work started from 1978 but has not yet been completed. But soon after the work was taken up dispute arose among the partners, particularly respondent No. 1 (Managing Partner) and petitioner No..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ......y law. Person aggrieved by an award made under Sub-section (1) of section 7A of the Emergency Requisition Act can only bring a suit in a civil Court of competent jurisdiction for determination of the dispute, and he is not entitled to re-agitate the matter by way of review………&he..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
....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.
......n from 1-12-1975 to the Corporation. The awards were filed in Court. The lessees filed objection under sections 30 and 33 of the Arbitration Act, 1910.
6. The objectors case is that there was no dispute or difference about any of the terms of the lease and as such there was no cause for referen..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
....shares to petitioner No.1 and her husband MA. Muktadir, added respondent No. 10. On 12-4-80 respondents Nos. 8 and 9 transferred their all shares to petitioner No. 2. The transfers were approved by a resolution of the Board of Directors on the same day and the instruments of transfers of shares were......sions placed before me by Mr. Rafiq-ul-Huq who has acted as amicus curiae in this matter.
5. In re: Dhalakhat Tea Co. Ltd. AIR 1957 Cal 476 it is held that "serious questions involving disputed questions of facts should not be tried in a summary procedure in an application for rectifi..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ......ate Judge, 3rd Court. Chittagong, in other Suit No. 193 of 1981, appointing a receiver. 2. Respondent No. 1 as plaintiff instituted the aforesaid suit for a declaration of his 1/2nd share in the disputed goods mentioned in the schedule of the plaint. Plaintiff's case in short is that d..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......n deciding family conduct and hence it could not be said that the court erred in law in arriving at finding of fact on a consideration of irrelevant evidence. 5. In the instant suit there was no dispute that Gour Majhi was the original owner of property in question. There was also no dispute th..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
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 ......ar of liberation of Bangladesh. The petitioners have of course challenged the alleged plea of the respondent No. 4 that he at all participated in the war of liberation of Bangladesh, but this being a disputed question of fact cannot be adjudicated and decided in this writ petition. 3. After the..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
....es 9(9) and 9(12) of BADC Disciplinary Case Procedure, 1977 are not applicable because these rules were not given effect to. We are unable to accept this contention since we have found that by a resolution dated 9-7-79 of the BADC Board it has been decided that procedure 7 of the aforesaid proc...... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....rated before us the reasons and consideration which weighed with the Bar Council in refusing exemption as prayed for by the petitioner and other Advocates holding LL.M. Degree as per Bar Council resolution dated 31-1-81. The relevant Rule, rule 65-A(iv), they have submitted, was made to ac......, Syed Ishtiaq Ahmed and Khondker Mahbubuddin Ahmed, two Senior Members of the Bar Council appeared and apprised us to the view of the Bar Council in the matter. 10. Facts of the case are not in dispute. The petitioner was enrolled as an Advocate on the 1st day of September, 1980. Now he wants ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
..... Quddus was at Kushtia in 1971. He was Senior Accounts Officer of the Sonali Bank, Kushtia (former National Bank of Pakistan). He has proved the Ext. marked 'Y' for identification which is a resolution of the Kushtia District Peace Committee opening the Account of the said Committee. He has......aints against Abdul Jalil and cautioned him twice. His entry in the Razakar organisation was not scrutinised by the Peace Committee. He is in the habit of taxing many persons and in village disputes he acts as a tout. He should be removed from the Razakar organisation. Thereafter the ac&sh..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....known Rule of interpretation of a written Constitution. Conflicting interests of parties are likely to give different interpretation of a provision, and means, therefore, have to be provided, for the resolution of such conflict. Written Constitution provides a standard by which the legitimacy of the......h Court Division, and comment has been made from the Bar that the High Court Division under sub-Article (5) does not lack jurisdiction to review the Order or action of the such authority. There is no dispute as to the proposition, but what is to be determined is the scope of it. From the Bar it has ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....y is that it adopted a housing scheme for which acquisition of lands was necessary, and accordingly, it applied to the District authority for the same. The District Land Allocation Committee passed a resolution on 19.5.78 approving requisition and acquisition of 4423 acres of land for the housing sc......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 ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....shy;tion. While considering the merit and efficiency of the petitioner in the matter of promotion the authorities have a right to reassess and verify his qualification. It appears from, the resolution from the minutes of the meeting of the Promotion Committee held on 3-7-78 which was place......ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....zar 400 shares and Geore Nazar 200 shares. Nazar's father and son, thus had a majority of the votes in general meeting and until the dispute all the three remained directors. Later on an ordinary resolution was passed by the company in general meeting, by me votes of Nazar and George Nazar, remo......res, so mat at all material times. Ebrahimi held 400 shares, Nazar 400 shares and Geore Nazar 200 shares. Nazar's father and son, thus had a majority of the votes in general meeting and until the dispute all the three remained directors. Later on an ordinary resolution was passed by the company ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
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