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....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......ndent No.1 to 3 who are partners of the registered firm named and styled as M/s. Masood Reza and Co. (hereinafter referred to as "the firm") filed an application under Article 102 of the Constitution for directing the appellant and respondents No.4 to 8 to restore to them the possession, control and......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......with a notice to appear when the leave petition by the Chairman of the Steel Mills Corporation was being heard. In order to explain why the Government did not make any submissions before the learned Judges of the High Court excepting filing an affidavit in opposition the learned Attorney General ..
Category: Others | Date: | Hits: 154
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......976) Judgment Ruhul Islam J.- This appeal by special leave arises from the judgment and order of the High Court Division dated May 31st, 1976 in Civil Order No.824 of 1976. 2. Facts relevant for disposal of the appeal are that the appellant and respondents 11-15 as plaintiff instituted Pa......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......dgment of the learned Subordinate Judge, it appears that completely on an erronious view that the preliminary decree once passed cannot be amended, he rejected the prayer for amendment. The learned Judges of the High Court Division rejected the prayer on a ground which is not at all tenable in the..Category: Property Law | Date: | Hits: 78
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......gh Court Division dated April 27, 1976 in Matter No.14 of 1975. 2. An application under Section 38 of the Companies Act was filed by respondent Sudhangshu Sekhar Dey alias Sudhangshu Sekhar Halder for rectification of the Share Register of the appellant Company M/s. Anath Bandhu Guha and Sons Ltd......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......half of the appellant it has been contended before us that the High Court Division was wrong in declaring the adoption of respondent No.1 (a married Sudra) valid; secondly, contended that the learned Judges misconstrued Article 35 of the Articles of Association of the Company which led to an erroneo..Category: Company Law | Date: | Hits: 164
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119....... to the Finance Act 1966 in the first three cases and a rebate of 15% under paragraph A of Part II of 5th Schedule to the Finance Act 1967 in the remaining case, read with Article VI of the Agreement for Avoidance of Double Taxation between United Kingdom and the then Pakistan. The claim was rejecte......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......om. 2. Whether the Tribunal was right in its interpretation of the second proviso to Article VI of the Agreement for Avoidance of Double Taxation as has been given in this case." 4. The learned Judges of the High Court Division rejected the application under section 66(2) of the Income Tax Act..Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......nt and order dated the 24th September, 1974 passed by the High Court Division in Criminal Revision No.1641 of 1974.) Judgment Ahsanuddin Chowdhury J.—In this appeal by Special leave the point for consideration is whether for offences alleged to have been committed on or prior to 5-2-1974 t......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......alleged offence. So it was urged that the proceedings in so far as it relates to application of section 16(3) of the Act thereto, ought to have been quashed and in that view of the matter the learned Judges of the High Court Division erred in law rejecting appellant’s application for quashment u..Category: Criminal Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......n………………Appellant Vs. Zahurul Islam Chowdhury and another…………………Respondents Judgment December 14, 1982. Result: The appeal is allowed and the application for pre-emption is dismissed. Cases Referred to- Brindaban Chandra Chowdhury Vs. Mosammat Rezi......e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......port of his argument reliance was placed on a decision of the Dacca High Court in the case of Mubasher Ali Vs. Md. Mokbul Hossain, 19 DLR 271. The decision seems to support the argument. The learned Judges expressed their view regarding consequential effect upon existing tenants on the acquisitio..Category: Property Law | Date: | Hits: 85
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......of the 4th court of learned Subordinate Judge, Dhaka, (subsequently re-numbered as Title Suit No.107 of 1988 of the Court of learned Subordinate Judge, Dhaka) against defendant No.1 A Satter Solaiman for specific performance of contract. Plaintiff Asaduzzaman died on 8-12-1991 (after dismissal of th...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......r. Khandakar Mahabubuddin Ahmed that the Division Bench hearing the First Appeal was influenced by “the facts and circumstances of the case”, which remained in the back of the mind of the learned Judges. It is to meet “the facts and circumstances of the case” situation that the present revie..Category: Property Law | Date: | Hits: 89
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......f by the following one judgment. 2. The trial Court decreed both the suits in part but the lower appellate Court decreed the suit of the present plaintiff‑respondent in full allowing specific performance of the contract and dismissing the other suit of the present appellant for declaration of t......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......by the Court. In the case of ML Devender Singh and others Vs. Syed Khaja, reported in AIR (SC) 2457, it has been observed: "The rules contemplate an exercise of the arbitrium, not arbitrariness of Judges. A capricious exercise of discretion in fact becomes indiscretion. The discretion is not to b..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....oner filed the instant application under section 2 of the Contempt of Court Act, 1926. The Rule was issued calling upon the contemnors to show cause as to why they should not be proceeded against for contempt of Court for violating the order dated 07-2-2005 passed by the High Court Division in Writ ...... passed by the then Secretary of the Muktijudda Kalyan Trust accepting the petitioner's resignation more than one year after it was submitted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring the impugned memo to have been made without ...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ..Category: Employment/Service Law | Date: | Hits: 156
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ...... matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......se as to why the impugned Warrant of Precedence issued vide Cabinet Division's Notification No. CD-10/1/85-Rules/361 dated 11-9-1986 as revised up to 12-4-2000 equating with or subordinating District Judges and other Judicial officers, equivalent to the rank of District Judges to the concerned offic..Category: Constitutional Law | Date: | Hits: 270
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......he appellant Life Insurance Company being holding No.13/20, Motijheel Commercial Area Circle No.13 of the Dacca Municipality at Rs. 4,26,200/- under the East Pakistan Municipal Taxation Rules, 1960 for the year 1970-71 and on the basis of the valuation assessed quarterly tax at Rs.12,786/- for the......s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276....... its own Controlling Authority the Additional Commissioner, as he is a part of the Municipal Committee formed under the ordinance. The second ground urged by the learned Counsel is that the learned Judges of the High Court misconceived the concept of tax imposed under the Ordinance, in view of the..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272....... under section 3 of the Ordinance on due approval of the Memorandum of Articles of Association of appellant—the Association, which were amended several times at the instance of the Government before the licence was granted. The chief business of the Association is weighment and measurement on ......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......Division while discharging the Rule issued earlier held that the appellant did not acquire any vested right to run the LMD business because of the clause in the Memorandum of Association. The learned Judges further held that stoppage of LMD service does not affect the main business of the appellant,..Category: Business or Commercial Law | Date: | Hits: 208
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......ance of the said object it entered into a written agreement with Buxly Paints (Pakistan) Ltd. on 20.10.71 to acquire all the assets of the said Company at Chittagong including the Industrial Unit for a consideration to be paid in serveral instalments, out of which a part had already been paid.......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......t Pakistan), subsequently (Bangladesh) Limited and as such the right of the Government to take over possession of the said industrial unit could no be questioned. It was further held by the learned Judges as to the petitioner's contention that agreement with the Pakistani Company could be used a s..Category: Property Law | Date: | Hits: 79
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......e-passed against the appellant under Section 19A(f) of the Arms Act read with Item No.3 of the Schedule to the Special Powers Act, 1974 and remanding the case to the Appellate Tribunal with direction for re-hearing and disposal of the appeal expeditiously, in any case, within 6 weeks from the order.......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......o.112581 a different pistol bearing No.1124681 was sent to the Arms Expert. In view of the palpable defect in the prosecution case the order of conviction and sentence was wholly illegal. The learned Judges of the High Court Division on examination of the record arrived at the finding that the alleg..Category: Criminal Law | Date: | Hits: 91
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......o.1/16 of Mouza Ramgarh within P.S. Fatikchari was settled with the appellant company's Ramgarh Tea Estate with effect from April 1, 1945. Upon receipt of Rs. 2504.00 as Salami and Rs. 626.00 as rent for one year from the appellant-company receipt, Dakbilas were granted by the Government to it which......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303........ The rule came up for final hearing before a Division Bench of the High Court which discharged the rule on May 25, 1977, 6. Mr. S.R. Pal, Counsel for the appellant, submitted that the learned Judges of this High Court were wrong in deciding the disputed question of facts relating to title ..Category: Property Law | Date: | Hits: 87
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......4 returning the plaint shall not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted the suit praying for the following decrees mentioned in the plaint as follows: a) Pass a decree against the defend...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ...... the Sessions Judge, Madaripur in Criminal Motion No.13 of 1987 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. Facts necessary for the purpose of disposal of this Rule are as follows‑ The present Petitioner Meher Negar on ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......invest any judge of the Family Court with the powers of Magistrate, 1st Class to make order for maintenance under section 488 of the Code of Criminal Procedure, 1898 and in exercise of that power all Judges of the Family Court were invested with the powers of the Magistrate, 1st Class to make order ..Category: Family Law | Date: | Hits: 215
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ...... holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It appears that a criminal proceeding being G.R, Case No.242 of 1976 before the Summary Military Court, Sadar, Noakhali is pending, where the two appellants along with Mur......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......, he refers only to Habibur Rahman, one of the charge-sheeted accused, as a public servant so as to make the provisions of Martial Law Regulations applicable to the present case. 13. The learned Judges of the High Court held in their order dismissing the application of the appellants that the a..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......inst a judgment of a Bench of the Dacca High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......ferred a Second Appeal against the aforesaid judgment to the Dacca High Court, a Division Bench of the said Court reversed the concurrent decision of the Court below and decreed the suit. The learned Judges of the High Court do not appear to have come to any positive finding on the question of the p..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......ate, intruded by H.C. Panday, Advocate-on-Record—For the Petitioner. Nizamuddin Haider, Advocate, instructed by M. R. Khan, Advocate-on-Reeord—For the Respondents No.1 and 2. Civil Petition for Special Leave to Appeal No. 173 of 1977. (From the Order dated 3-6-77 passed by the High Cou...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... the Advocate on behalf of the appellants in the said First Miscellaneous Appeal, got the said appeal dismissed for non-prosecution on the ground that it had become infructuous and that the learned Judges of the High Court, after recording the order of dismissal of the appeal, proceeded to make th..Category: Civil Law | Date: | Hits: 111
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