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Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ...... M. Sayem J A.B. Mahmud Hussain J Ahsanuddin Chowdhury J Jabed Ali Sarker………………… Appellant Vs Dr. Sultan Ahmed and another…………………..Respondent Judgment ...... received from the Rajshahi Collectorate shows the last number to be 3656 of September, 1969). The appellant obtained the share certificate fraudulently and collusively and the Bank malafide and illegally handed over the share certificate to the respondent No. 1. The Board of Directors, of respo..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......esent: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Governor, Bangladesh Bank & others…......Appellant (In all the Appeals). Vs. Shamsul Huda Khan and another……………..Respondents (In C.A. No. 26 of 1974). And Mozammel Huq Khan and ......prepared on the basis of it does not contain their names but contains the names of many other clerks who were appointed subsequent to the date of their appointments. They, therefore, challenged the legality of the new circular dated 9th April, 1973 before the High Court Division which held that th..Category: Employment/Service Law | Date: | Hits: 87
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....orates the Transitional and Temporary Provisions) but the litigant's right thereto became extinct on the expiry of the period of ninety days from the commencement of the Constitution. 5. For a proper appreciation of the submissions of the learned Additional Attorney-General, it will be nece......t Appellate Division (Civil) Present: AM Sayem CJ ABM Husain J MA Jabir J Ahsanuddin Choudhury J Osman Gani Mondal……………….....Petitioner Vs. Mainuddin Ahmed and others…......Respondents Judgment April 26, 1974. Result: The petition is dismiss......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)
....nemy Property Management Board was without lawful authority and of no legal effect. Under the aforesaid notification it was directed that Messrs Indo Pak Pharmaceutical Works Ltd., being an enemy property, all properties and assets of the said firm as mentioned in the schedule of the said notifi...... no order as to costs. Ed. ......ation that the notification No. SRO-183(K.)/70 dated the 3rd February, 1970 issued by the Vice-Chairman of She East Pakistan Enemy Property Management Board was without lawful authority and of no legal effect. Under the aforesaid notification it was directed that Messrs Indo Pak Pharmaceutical..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....cle 98 of the Constitution of 1962 of Pakistan which is identical in terms with Article 102 of the Constitution and con-tended that when a person is shown to have been detained illegally or improperly, the High Court Division is competent to pass such orders as may be necessary to grant&nb......retary Ministry of Home Affairs.....Appellant. Vs. Ahmed Nazir………….... Respondent Judgment March 19, 1975. Cases Referred to- Sandal Singh Vs. District Magistrate and Superintendent, Dehra Dun A.I.R. 1934 (Allahabad) 148; Meh......der Article 102 (2)(b) of the Constitution of the People's Republic of Bangladesh (hereinafter referred to as the "the Constitution"). In the said application the applicant challenged the legality of the order of detention of the said A.K.M Golam Kabir made in purported exercise of powe..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....ny likelihood of a breach of the peace in regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute, he may, if he thinks fit and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court appoint a receiver th......eported in: 27 DLR (AD) (1975) 37. ......four years of the date of the order passed by the High Court in Criminal Reference No. 50 of, 1962, without being satisfied about the existence of the apprehension of the breach of the peace, was illegal and the learned Additional District Magistrate also committed an error of law in not releasin..Category: Criminal Law | Date: | Hits: 49
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....ind of confession described in section 30 may be thrown into the scale as an additional reason for believing that evidence", the Supreme Court of India held as follows: "The proper way to approach a case of this kind is first, to marshal the evidence against the accused e......M. Masud, Deputy Attorney General instructed by A. M. Khan Chowdhury, Advocate-on -Record—For the Respondent. Criminal Appeal No. 9-5 of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca on 27th May, 1970, in the Criminal Revision Case...... on behalf of the appellant before the High Court that the appellant was committed to the Court of Sessions merely on the basis of the confessional statements of the two co-accused and not upon any legal evidence, was repelled by the learned Judges with the following observations: &ld..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....sh Collaborator (Special Tribunals) Order, 1972 (hereinafter referred to as (P.O. 8) and Bangladesh Scheduled Offence (Special Tribunals) Order, 1972 (hereinafter referred to as ("P.O. 50''). For a proper appreciation of question involved in these appeals, it is necessary to refer, at the outset, ...... 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). ......, 449, 269 of 1973, 172 of 1972 and 224, 631 of 1973 respectively). Judgment Muhammad Abdullah Jabir J.—These eighteen appeals, filed by the Government, arise by special leave to consider the legality of the orders passed by the High Court Division granting bail to the respondents who file..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....at 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 but Malkeka was not willing to give her share to......sp; 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 ...... the trial without giving him an opportunity to study the necessary documents and think over the case, makes a farce of the rule which entitles a prisoner charged with a capital offence to free legal assistance." The learned Judges having held the trial to be bad in law set as..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that one Jonah Ali Daroga owner for the suit plots in tenure right sold half of the property to the respondent and other half to Nishikanto Chowdhury who sold the same to Zahurul......;……………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors……………..Respondents Judgment Feb. 26.1981.&...... vendor and the vendee intended the transaction of sale to be completed and consideration passed, and the vendee was put into possession, but the parties, omitted to observe the necessary legal formality of having a registered instrument, the transaction gave rise to the right of ..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
.... Letter Patent, when those laws are by necessary implication excluded by the provisions of the Banking Companies Ordinance. (2) That the judgment of the High Court Division is not the proper judgment, of reversal, inasmuch as the findings of the Company Judge have been reversed on ......y General, B. Hossain Advocate-on-Record.—Rule 1, Order XLV, Supreme Court (A.D.) Rules, 1973. Ex parte—Respondent. Civil Appeal No. 31 of 1979. (From the judgment and order dated March 22, 1973 passed by the High Court Division in Appeal No. 1 of 1974) Ju...... loan documents allowed the loans amounting to Rs. 34,980/79 (thirty four thousand nine hundred eighty and paisa seventy nine only) to become time barred, with an ulterior object of making illegal gains therefore at the cost of the Bank. (ii) That the respondent in collusion w..Category: Business or Commercial Law | Date: | Hits: 101
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....ersion on her death. Defendant No. 2, it is alleged, by collusion and fraud, obtained a deed of perpetual lease dated December 16, 1952 from defendant No. 1 in respect of the entire property including the minor plaintiffs' shares. But as there was no legal necessity for tra......d. ......fraud, obtained a deed of perpetual lease dated December 16, 1952 from defendant No. 1 in respect of the entire property including the minor plaintiffs' shares. But as there was no legal necessity for transfer of the property the plaintiffs, it is contended, are not bound by the ..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....re and he was keeping his wife for gratifying his evil desire. The complainant in his petition had prayed for issue of search warrant for recovery of his wife and little child and for proper justice. The learned S.D.O. had ordered the officer in-charge of the Kotwali Police St......n vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888. Lawyers Involved: Md. Nurul Huq, Advocate-on-Record—For the Appellant. B.K. Das, Advocate, instructed by B.C. Panday, Advocate-on-Record,—For the Respondent. Judgment: ......he Magistrate, First Class, Sylhet on 21-9-65 by one Azman Ali under sections 344/498/384 of the Penal Code making certain allegations that the appellant confined his-wife Choto Bibi and had illegal connection with her against her will. The learned Magistrate after recording statement o..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
.... 2. Appellant Abdur Rouf filed an application under section 24 of the Non-Agricultural Tenancy Act in the Third Court of the Sub-ordinate Judge Dacca. His case was that the 'A schedule property originally belonged to one Samru Goala in whose name C.S. record stood on February 28......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. ......s whether the appellants ceased to be co-sharers if it is established that the jama in question was split up behind the back of the appellants. In other words, whether exhibits F & G produced a legal effect on the subsistence of the appellants' interest so as to defeat their right to pre-emp..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....tes that the Company is to be a private company and the number of members of the company for the time being would not exceed 50 (fifty). 4. Prior to the transfer and acquisition of the properties, rights, interests and assets of Pakistan National Oil Limited by the said Jamuna Oil Co......lam, Advocate, instructed by Md, Aftab Hossain, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No. 20 of 1980. (From the Judgment and Order dated 30.4.79 passed by the High Court Division in Company Matter No. 10 of 1979.) ......a Oil Company is such a company with its limited objectives of marketing petroleum. It is, therefore, erroneous to consider such company as a one-man company. This company has a distinct legal entity in the eye of law. 12. In the case Ebbw Vale UDC vs. South Wales Traffic Area Li..Category: Business or Commercial Law | Date: | Hits: 107
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
.... to consider the interpretation of Section 88A of the Bengal Tenancy Act, namely:- 'Whether an order of sub-division of tenancy under section 88A of the Bengal Tenancy Act without proper compliance with the proviso (a) to sub-section (1) of the said section is without jurisdictio......ppellate Division (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul......emptor was no longer a co-sharer. This was challenged in Misc. Appeal No. 148/65 and the Addl. District Judge by his order dated 7.3.70 allowed the appeal by holding that the subdivision was not legal and accordingly allowed the pre-emption case. 5. Being aggrieved by that order the ..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... to arise from withholding injunction will be greater than which is likely to arise from granting it. It is well settled that there can be no injunction for actionable wrongs for which damages are proper remedy. Temporary injunctions are regulated by the Code of Civil Procedure under Order 39; r......ttara Bank …………………………………………………Appellant Vs. Macneill and Kilburn Ltd. and others……………….Respondents Judg......s plaintiff being Title suit No. 42 of 1977 for a declaration that the final notice of claim dated 5.1.77 made by the appellant against respondent 2 for encashment of letter of guarantee is illegal and void for restraining the appellant from encasing the letter of guarantee and further, res..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....or order to be given must be ancillary to the main relief but in doing so, the superior Courts had always placed self-imposed limitation for not raising any new issue which requires adjudication on proper facts for which no foundation was laid by the parties in the writ proceeding. Keeping in mi......m J Rahul Islam J Badrul Haider Chbwdhury J Shaha-buddin Ahmed J Hasan Imam Chowdhury........................... Appellant Vs. Govt. of Bangladesh and others................. Respondents Judgment March 23, 1981. Lawyers Inv......d Counsel appearing for the appellant canvassed that the High Court Division made the rule absolute by holding that the termination order was passed without any lawful authority and was of no legal effect. In view of such order the rest of the direction is without jurisdiction and is liable..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....eing Miscellaneous-Appeal No. 49 of 1972. The appellate court below allowed the appeal and dismissed the application and held that the suit has abated. Farther conclusions were arrived at that the properties of the Darbarsharif are the private properties of the plaintiff and the defendants 1-4 a......ondker, Senior Advocate A.K.M. Shafiqur Rahman with him instructed by Md. Aftab Hossain, Advocate-an-Record,—For the Respondent. Civil Appeal No. 48 of 1979. (From the judgment and order dated 25-5-78 passed by the High Court Division in Civil Revision No. 152 of 1980.) ......ement, various other allegations have been made against the respondent that he is the architect of the suit and that he being a stranger had caused lot of troubles only for the purpose of making illegal gains for sharing the najarana money, etc., that he is a man from different village, etc. ..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....f requisite value. Therefore, mere delay in engrossment of the decree on stamped paper of the requisite value will not in any way affect the interests of the parties in respect of the properties though changes may have taken place in regard to the properties since the decree has be...... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Amanullah Bhuiyan and others…………….Appellants Vs. Abdul Hafiz and or......he stamped paper within a particular time for drawing up the decree. It, of course, lies in his interest to put in the stamp-paper for getting the decree drawn up and signed but he is not under any legal obligation to do so within a particular time. Similarly, the decree-holder is not ..Category: Procedural Law | Date: | Hits: 106
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