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Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)

....aurao vs. Jiaul Hasan Khan AIR 1923 P.C. 41; Jadu Lal Sahu vs. Janaki Koer (1900) 35 Cal 575. Naresh Chandra Dutta vs. Girish Chandra Das ILR 62 Cal. 972. Lawyers Involved: S. K. Pal, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record.—For the Appellants. S...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Divi­sion is set aside and those of the Courts below are restored. Ed. ......or has nothing to do excepting admitting the execution before the registration officer, after the document is presented for registration. Thereafter the rest is to be completed by the Registration Officer as a matter of course. The above proposition gets support from the decision of the Privy Co..

Category: Property Law | Date: | Hits: 45

Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)

.... Debendra Nath Dutta ……………………...........Respondent Judgment. April 9, 1980. Lawyers Involved: Ahmed Husain, Senior Advocate instructed by Aminul Huq, Advocate-on-Record—For the Appellants. K.A. ......view of the above, the appeal is allo­wed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......view of the above, the appeal is allo­wed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 101

Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)

....p;….Appellant Vs. Mohammad Idris and others…………Respondents Judgment April 16, 1981 Lawyers Involved: M.H. Khandkar, Senior Advocated instructed by B.C. panday Advocate-on-Record.-For the Appellant. Nizamuddin ......right of Kol-karsha. In the result, we do not find any subs­tance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......right of Kol-karsha. In the result, we do not find any subs­tance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ..

Category: Property Law | Date: | Hits: 45

Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)

........Appellant Vs. Syed Shamsuddin Ahmed and another…………….Respondents Judgment April 22, 1981 Lawyers Involved: S.R. Pal, Senior Advocate, Md. Yasin, Ad­vocate, with him, instructed by Abu Backkar, Advocate-on-Record.......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 54

Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)

....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......hich was also under enquiry by the police. Complaint petition is not a statement of the complainant. The expression "judicial proceedings" has been defined as follows- “Judicial Proceeding' included any pro­ceeding in the course of which evidence is or may be leg......ements made in written complaint but statements made orally in open court. 3. It would be useful to take note of the facts of the case. The appellant Dr. Jamshed Bakht was the Chief Medical Officer, Sylhet District Medical Association and a private Medical Practitioner.  He was an As..

Category: Criminal Law | Date: | Hits: 77

Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)

....llip;……….Appellants Vs. Ahmuda Khatun and others...................Respondents Judgment July 10, 1978. Lawyers Involved: T.H. Khan, Senior Advocate instructed by S.M. Haq, Advocate-on-Record—For the Appellants. M.H. K....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......nancy which are contained in section 117 of the State Acquisition and Tenancy Act are as follows: 117. (1) Notwithstanding anything contai­ned elsewhere in this part, the Revenue- Officer may,— a) for the purpose of amalgamation of tenancies under section 116, e..

Category: Property Law | Date: | Hits: 47

Bangladesh Freedom Fighters Welfare Tr­ust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)

....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......sp;    K. M. Subban J.- This appeal by special leave is from the judgment of the High Court Division passed in Writ Petition No. 578 of 1977. 2. The respondent was a Security Officer in the Tabani Beverage Co. Ltd which under Article 5 of President's Order No, 16 of 1972, h..

Category: Employment/Service Law | Date: | Hits: 112

Baitul Aman Coope­rative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)

....;……………………Respondent Judgment March 10, 1981. Lawyers Involved: Hamidul Huq Chowdhury, Siddique Ahmed Chowdhury, Senior Advocates, with A.N.M. Skahidullah, Advocate, with him instructed by Md. Aftab Hossain, Adv......ler the appeal is allowed. The appli­cation filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ...... shall have to be referred to the Registrar of Co-operative Societies. Section 86 provides that if the par­ties to the dispute are the Society, its Man­aging Committee, any past or present Officer, agent or servant or the liquidator of the socie­ty; or a member, its past member or pe..

Category: Property Law | Date: | Hits: 60

Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)

....e dealing with the application under section 96 of the Act for pre­emption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......e dealing with the application under section 96 of the Act for pre­emption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......dismissing the pre-emption case under Section 96 of the East Bengal State Acquisi­tion and Tenancy Act, 1950. 2. The question involved in these appeals is whether the order of the Circle Officer (Revenue) separating the jama under section 117 of the East Bengal State Acquisition and Te..

Category: Property Law | Date: | Hits: 49

Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)

....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......ngly allowed the pre-­emption case. 5. Being aggrieved by that order the High Court was moved and in Civil Revision No, 505/70 the High Court discharged the Rule by holding that the Revenue Officer had not acted in accordance with law and the subdi­vision of the jama was not made u/s. ..

Category: Property Law | Date: | Hits: 48

Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)

.... Vs. Macneill and Kilburn Ltd. and others……………….Respondents Judgment Aug. 8, 1981. Lawyers Involved: Rafiqul Huq, Senior Advocate, with T. Islam, Advocate instructed by B. Bossain, Advocate-on- Record.—For t...... the result, therefore, this appeal is allowed with costs. The order of the High Court   Division is set aside, and the applica­tion for temporary injunction rejected. Ed. ...... the result, therefore, this appeal is allowed with costs. The order of the High Court   Division is set aside, and the applica­tion for temporary injunction rejected. Ed. ..

Category: Banking Law | Date: | Hits: 130

Hasan Imam Chowdhury Vs. Govt. of Bangla­desh and others, 1981, 10 CLC (AD)

.................... Appellant Vs. Govt. of Bangla­desh and others................. Respondents Judgment March 23, 1981. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record-For the Appellants. S. M. Nuru......ion is pregnant with any new issue which requires adjudica­tion in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......ion is pregnant with any new issue which requires adjudica­tion in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 101

Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)

..........................Respondent Judgment June 4, 1980. Case Referred to- Ramsarup Das vs. Raeswar Das, AIR 1950 Patna 184. Lawyer Involved: Ahmed Sobhan, Senior Advocate instructed by Aminul Huq, Advocate-on-Record.—For the Appellant. M.H. ......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of   the decision of the majority the appeal is allowed with costs. Ed. ......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of   the decision of the majority the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 91

Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)

....Sahu vs. Ajodhya Sahu A.I.R 1945 Pat. 482; Ram Rattan vs. Parma Nand 50 C.W.N. 367. Lawyers Involved: A.W. Mian, Advocate-on-Record.—For the Appellants. Shafiqur Rahman, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record.—For the Respondents Nos. 1-11......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..

Category: Procedural Law | Date: | Hits: 106

Commissioner of Taxes & another Vs. M/s. Mullick Bro­thers, 1981, 10 CLC (AD)

....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment February 2, 1981. Result: The review appli­cation is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Senior Advocate, with Muzammel Huq Bunyan, Rabia Bhuiyan, Advocates, instructed by B. Hossain Advoca......rom want of legal authority. In the result, therefore, this review appli­cation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......ess Income and assessment order. Demand Notice, and challan was ackno­wledged by the assessee, vide Ackno­wledgement slip. [As no payment was made, by Memo-No. 2107/ICS/520 the Income Tax Officer (Mr. A. Taher) requested the assessee to pay up the tax amounting to Rs. 63,446/ by 10.4..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)

....S.C. 1487: Shearar vs. Shield 1914 A-C. 80S; Sev Charan vs. State of Mysore AIR 1965 S.C. 280; Bisnunrayan vs. State of Uttar Pradesh AIR 1965 S.C. 1967. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam, Jamiruddin Ahmed, K.Z. Alam with him, instructed by Md. Sajjadul Hu......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ....... The impugned provisions gave power to the Government or the State Bank to determine whether a person offending any provisions of the Act was to be tried under the ordinary law or by an Adjudication Officer or by a Tribunal. Munir CJ. who delivered the judgment of the Court observed that: "The ..

Category: Employment/Service Law | Date: | Hits: 180

Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)

....(In C.A. 65 of 1980). vs. Eastern Refinery Ltd. and others.....................................................Respondent Judgment June 12, 1980. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by A. Backkar, Advocate-on-Record—For the Appellant (In C.A. No. 169 o......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......s of the appellant was claimed to have undergone a great change. Previously, he was employed in a public limited company incorporated under the Com­panies Act, 1913. Now he claimed to have become an Officer of a statutory Corporation. 33.The appellant grievance is that on his opposition to the p..

Category: Employment/Service Law | Date: | Hits: 104

Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)

.... Bangladesh & ors .............................................Respondent Judgment May 31, 1979. Lawyers involved: Hamidul Huq Chowdhury, with Asrarul Hussain, Senior Advocates, Md. Khalilur Rahman, Advocate, instructed by M. R. Khan, Advocate-on-Record.&mda...... any law­ful authority. Ed.                           ...... any law­ful authority. Ed.                           ..

Category: Others | Date: | Hits: 110

Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)

.... PLD 1974 (SC) 151, State vs. Dosso (1959) 11 DLR (SC) 1; PLD 1958 (SC) 533, Nusrat Bhutto vs. Chief of Army Staff and Federation of Pakistan, PLD 1977 (SC) 657. Lawyers Involved: MH Khondker, Senior Advocate (Kh. Mahbub Hossain, Advocate with him) instructed by Aminul Huq, Advocate-on-Record......oting as acts done without jurisdiction. Similarly Coram non judice also stand on the same footing because these words would literally mean that they have been done by an authority or body exercising Judicial or quasi-judicial powers which was not properly constitu­ted even under the law under whic......t, dealt with case on merit. It considered the argument that the review proceeding had not been disposed of according to law. It further considered that cognizance was not taken by the Sub-Divisional Officer and, therefore, the case was not pending for enquiry. Then it considered that the transfer w..

Category: Constitutional Law | Date: | Hits: 292

Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)

....ed in the Constitution………….(15,16) Lawyers Involved: B. B. Roy Chowdhury, Assistant Attorney General, instructed by M. R. Khan, Advocate-on- Record—For the Appellants. S. K. Pal, Senior Advocate, instructed by Md. Aflab Hossain, Advocate-on-Record—For the Respondent. Civil...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......ined the police service in 1962 as a Sub-Inspector of Police was promoted as an Inspector of Police in 1972. When he was Inspector of Police, he was posted in Mohammadpur Police Station, Dacca as the Officer-in-Charge. While holding this office he went on leave in November, 1975. He was served with ..

Category: Employment/Service Law | Date: | Hits: 102