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Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....ted by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 1. Ex-parte—For the Respondent Nos. 2 & 3. Civil Appeal Nos. 53 and 54 of 1984. (From the Judgment and order dated 8th March, 1984 passed by the High Court Division in Matter No. 3 of 1982.) Judgment Bad......he respondent alleged that since then the petitioner No. 2 has taken complete control of the management of the company and no dividend was paid to the heirs of late M. A. Jalil nor has given them any notice of the meeting of the company or of the Board of Directors. It is alleged that the 1700 share.................... Respondents (In both the appeals). Judgment August 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectification of..Category: Company Law | Date: | Hits: 195
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....Record —For the Appellant. Miah A. Gafur, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 134 of 1982. From the judgment and decree dated 26th May, 1982 passed by the High Court Division in Second Appeal No. 293 of 1976). Judgmen......iling written statement and he mainly based his claim on adverse possession since 1357 B.S. and contended that the suit is barred by limitation as well. 4. The trial court decreed the suit. It was noticed that Ext.D is a Bhara agreement and it mentions sub-letting of the premises only for one yea......t judgment and order passed by the High Court Division in Second Appeal No. 293 of 1976. 2. The appellants as plaintiffs instituted Title Suit No. 385 of 1966 in the 1st Court of Munsif, Bagerhat, for recovery of khas possession and mesne profits alleging, inter alia, that the suit plot being par..Category: Property Law | Date: | Hits: 63
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....ate instructed by Wahidullah, Advocate-on-Record— For the Respondent No. 3. Not represented—For the Respondent Nos. 1-2 & 4. Civil Appeal No. 34 of 1985. From the Judgment and Order dated 4.3.85 passed by the High Court Division, Dhaka in writ petition No. 20 of 1985. Judgment ......of the Ordinance, appears that a person who felt aggrieved by decision of an Election Tribunal had the allowing remedy: "(1) An election Tribunal shall, upon receipt of an election petition, given notice thereof to all the contesting candidates at the election to which the petition relates. ......l 25, 1985. Result: The appeal is allowed. The Local Government (Union Parishad) (Amendment) Ordinance, 1983 (LI of 1983), Section 29 Respondent no. 3 not filling an election petition before the Election Tribunal after result of the election was declared on 7th of June 1984, he is not ..Category: Election Law | Date: | Hits: 152
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....ate-on-Record—For the Appellants. B.N. Chowdhury, Advocate, instructed by S. R. Karmakar, Advocate-on-Record—For the Respondent. Civil Appeal No. 89 of 1984 (From the Judgment and Order dated 8.11.83 passed by the High Court Division, Dhaka Bench, in Second Appeal No. 974 of 1967) J......ses is sufficient. In this view of the matter, the judgment of the Appellate Court below was set aside and the judgment and decree passed by the trial Court were restored. 5. Leave was granted, as noticed, to consider both the points, namely, as to the bonafide requirement and the adjustment ......sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plaintiff cannot claim the rent over again from the tenant defendant-appellant...Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....ior Advocate, with Huq Bhuiyan, Advocate, instructed by S. S. Huda, Advocate-on-Record. —For the Respondents. Civil Appeal No. 90-D of 1968. (From the judgment and order dated 29-6-66 passed by the Dacca High Court in F. A. No. 91 of 1961). Judgment: &nbs......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......lah Jabir, J.—This appeal by special leave arises out of a judgment of the erstwhile High Court of East Pakistan in an appeal arising out of a suit which was filed by the plaintiff-appellant for declaration of his title to the disputed land and buildings and structure standing thereon..Category: Property Law | Date: | Hits: 37
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....r the Appellants. Aminul Huq, Advocate-on-Record—For the Respondent. Rafiq-ul Huq, Advocate—Amicus Curiae. Civil Appeal Nos. 22-D, 23-D and 24-D of 1969. (From the Judgment and Order dated 22nd January, 1969 passed by the Dacca High Court in Petition Nos. 170, 181 and 182 of 1967). ......nd 24-D of 1969 arise, respectively, out of Writ Petition Nos. 181 and 182 of 1967. 2. In April, 1964 the Income-tax Officer assessed the respondent for the assessment years 1960-61 and issued a notice on it demanding a sum of Rs. 2,64,926/-, including penal interest under section 18A of the Ac...... section 45A, which was inserted by the Central Legislature of Pakistan in the income-tax Act, 1922 (hereinafter referred to as the Act) by Act No. 16 of 1963. The writ petitions which succeeded before the High Court were disposed of by a single judgment. We are also disposing of these appeals by..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....d— For the Respondents. Civil Appeal Nos. 10-D, 11-D, 12-D, 13-D, 14-D, 15-D, 16-D, 17-D and 18-D of 1969. (On appeal from the judgment of the erstwhile High Court of East Pakistan dated 21-12-1967 passed in Pakistan Nos. 157, 158, 159, 160, 161, 162, 163, 164, 165, 235 and 327 ......eals a preliminary question arises for consideration and Mr. Ishtiaq Ahmed, learned Additional Attorney General for the Government contended that failure on the part of the appellants to serve notice on the Government as per the first proviso to article 6A (3) inserted in President's Order N...... Judgment: Mahmud Husain, J.—In all these appeals a preliminary question arises for consideration and Mr. Ishtiaq Ahmed, learned Additional Attorney General for the Government con..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....Hossain, Advocate-on- Record—(For the Respondent No. 1). Ex-parte—Respondent No. 2. Civil Appeal No. 78 of 1974. (On appeal from the Judgment and Order dated 21-1-74 passed by the High Court Division in appeal No. 1 of 1973). Judgment: ......y incorrect in view of the company's statement that a Photostat copy of the said instrument was given to the company along with annexure 'O' on 25-11-70." Annexure 'O' is a legal notice written on behalf of the respondent No. 1 by his lawyer on 25-11-1970 and it was stated ther...... by giving a letter of authority m favour of his younger brother to the State Bank of Pakistan. 3. The appellant claimed to have purchased the said 520 shares in respondent No. 2 on 12-4-70 for Taka 4,600/00 by a deed of transfer executed on non judicial stamps wroth Taka 70/00 and applie..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....). Moinul Huq, Advocate, with Md. Hafizullah, A. Baset Majumder, Advocates— For the Respondents (In all the appeals). Civil Appeal Nos. 26, 27 and 28 of 1974. (From the judgment and order dated 21st March, 1974 passed by the High Court Division in Petitions No. 150, 166 and 167 of 1973)....... impugned circular. 10. Mr. Moinul Huq on the ether hand contended that neither Article 82 nor regulation 2(a) confers any such power as is claimed on behalf of the Bank by Mr. S.R. Pal. It may be noticed that sub-clause (e) of clause (2) of Article 82 empowers the Bank to frame regulations to pr......angladesh Bank questioning the validity of the Staff Circular No. 1 of 1973 (hereinafter referred to as "The impugned circular") which was issued by the said Bank on the 9th April, 1973. 2. The aforesaid circular provided, inter alia, that the seniority of the Coin/Note Examiners and Typists wh..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....or the Respondents No. 1-3. Shamsul Huq Chowdhury, Advocate, instructed by S. M. Huq, Advocate-on-Record-For the Respondent No. 4. Civil Appeal No. 10 of 1973 (From the judgement and Order dated 11-7-1969 passed by the Dacca High Court in petition No. 311 of 1967). Judgment Muhamm......ioned in L. A. Case No. 91 of 1962-63 for the purpose of D.I.T. staff quarters as additional lands under the Requisition of property Act and that plot No. 694 along with other lands were shown in the notice issued under section 5(1) of that Act in L. A. Case No. 91 of 1962-63. Harilal Goswami made a......ilgaon, P. S. Tejgaon in L. A. Case No. 91 of 1962-63, under the East Bengal (Emergency) Requisition of Property Act, 1948 (hereinafter referred to as "The Requisition of Property Act") and praying for a direction to derequisition certain other lands including plot Nos. 713 and 714 of the said Mou..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. (From the judgment and decree dated 8th December, 1972 of the High Court of Bangladesh passed in Appeal from Appellate Decree No, ......to being only after strict compliance with the statute and all of its conditions. As a corollary to this rule, in his "Statutory Construction", 3rd Edition, page 94, section 5812 Sutherland has noticed that "where a statute creates a new right and prescribes the remedy for its enforcement, the......lved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. (From the judgment and decree dated 8th December, 19..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....Record—For the Appellants. Khondkar Mahbubuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Record —For the Respondent. Civil Appeal No. 8 of 1974. (From the Judgment and Order dated 7-6-1973 passed by the High Court Division in petition No. 406 of 1970). Judgment Muham......ce of the erstwhile authorities in whom the properties and assets had vested or by whom they were managed. The imperative need of making the Government of Bangladesh a party, which was brought to the notice of the respondent and the High Court Division, could not be circumvented by asserting, by ass......and order passed by a Bench of the High Court Division of this Court in an application filed under Article 98 of the Constitution of Pakistan of 1962 under which the respondent Md. Abdul Majid prayed for a declaration that the notification No. SRO-183(K.)/70 dated the 3rd February, 1970 issued by ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....vocate, with Humayun Kabir Chowdhury S.C. Das, Advocates, instructed by M.R. Khan, Advocate-on-Record—For the Respondent, Criminal Appeal No. 27 of 1974 (From the Judgement and Order dated 12-9-1974 passed by the High Court Division in Petition No. 848 of 1974). Judgmen...... of which have had powers to issue writs for many a decade. By its 98th Article, the new Constitution confers on High Courts the power to set free persons detained in unlawful custody and it is noticeable that while with regard to certain other orders mentioned in the said Article, the High ...... 3 of the Special Powers Act, 1974 because of his alleged prejudicial activities. Prior to the order passed by the vacation Bench on the 12th September, 1974 enlarging the detenu on bail for a period of two months and fifteen days on the ground of his illness, another Bench had issued ..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... M. R. Khan, Advocate-on-Record—For Respondent No. 2. Criminal Appeal No.10-D of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 7th July, 1969, in Criminal Revision No. 295 of 1968 Judgment ......sts concerning any land or water or the boundary thereof is to draw up a proceeding under subsection (1) of section 145 of the Code. The object of this preliminary and formal order is to give notice to the parties to put their claims in writing as regards the fact of actual possession ......ance of the breach of peace". A reference was made under section 438 of the Code of Criminal Procedure to the High Court by the Additional Sessions Judge of Faridpur recommending for the setting aside of the order of the learned Magistrate dated 6.4.61. This reference, which wa..Category: Criminal Law | Date: | Hits: 49
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....le's house to a mess near Faujdarhat Tobacco Company and on his query the deceased told that "his aunt was not affectionate to him and so he left his uncle's house", he could not tell the date when the deceased said so. P. W. 10 stated that about three months before the occurrence, dece......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ...... by Special Leave arise out of an order passed by the High Court of East Pakistan rejecting summarily an application filed by the appellant under section 215 of the Code of Criminal Procedure for quashing the order of commitment of the appellant to the Court of Sessions to stand trial on a ..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;…………………...Respondents Judgment April 11, 1974. Criminal Appeals Nos. 2 & 3 of 1973. (From the judgment and order dated 23rd April, 1970 passed by Dacca High Court in Death Reference Case No. 1 of 1970 and Cr......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......udgment of erstwhile High Court of East Pakistan in an appeal and a reference under section 374 of the Code of Criminal Procedure. Criminal Appeal No. 2 of 1973 was filed by an uncle of the person for whose murder the respondents were charged at the trial under sections 148, 302/34 and 307/..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....dent (In Criminal Appeal No. 6 of 1974). Not represented—Respondents (In Criminal Appeal Nos. 3,4,7-14, 16-17 of 1974). Criminal Appeal Nos. 1 to 18 of 1974. (From the judgment and orders dated 5th and 6th December, 1973 of the High Court Division in Criminal Appeal Nos. 552, 17, 660, 19......h persons to be released on bail on the ground of age, sex or infirmity. This subjection evidently applies to a stage where the accused is first-brought before a Court or his arrest is brought to the notice of the Court. Sub-section (2) of the said section provides that if at any stage of the invest......O. 50''). For a proper appreciation of question involved in these appeals, it is necessary to refer, at the outset, to the provisions of Article 10 of P.O. 50 and Article 14 of P.O. 8 which, exfacie, forbid the grant of bail to persons convicted of offences under the two Orders. The provision of ..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
.... of the Supreme Court (Appellate Division) Rules, 1973. Respondent Nos. 1-3—Not represented. Civil Appeal No 4 of 1974. (On appeal from the Judgment and Order of the High Court Division, dated 19-12-73 passed in petition No. 493 of 1973). Judgment: Ahsanuddin Chowdhury, J.—This......and (2) of Article 17 of Order No. 155. Clause (1) of Article 17 provides that if a validly nominated candidate, who has not withdrawn his candidature dies, the returning Officer shall, by public notice, terminate the proceedings relating to that election. Clause (2) of Article 17 provides that ......h of the High Court Division dismissing an application under article 102 of the Constitution. 2. Respondent No.14, Mr. Md. Abdullah and one Dr. Shafiqur Rahman, were the only contesting candidates for Chairmanship of North Halishahar Union Parishad. But before the poll, Dr. Shafiqur Rahman dies o..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....Appellant. Khan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1972. (On appeal from the judgment and order of the erstwhile High Court, Dacca dated 8-7-1970. Passed in Death Reference No. 6 of 1970 and Criminal Appeal No. 237 of ...... the distance. There were jungles on the way. It was quite probable that Habi Durani escorted his young daughter and his little son to the house of Yasin. The learned Judges of the High Court took notice of the statement of P. W. Siraj in the Committing Court but they gave no importance to the c......and two daughters. After the death of his first wife about 10 years ago. Yasin married Maleka Khatun. Yasin proposed to make a gift of 3 Pakhis of Nal land and a hut to his wife Maleka some time before 5th of Poush, 1374 B.S. bat it was disliked by Abdur Rashid. On Thursday, the 5th of Poush, 13..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent 1. Ex-parte—For Respondents 2-6. Civil Appeal No. 112 of 1979. (From the Judgment and Decree dated 1st June, 1979 passed by the High Court Division in S. A. No. 486 of 1964.) Judgment: ......round of limitation as the suit was filed on 28-9-62 which was long after the period of limitation of one year as provided under Article 10 of the Limitation Act. The learned Munsif also noticed that the plaintiff after making the alleged demands for pre-emption, instead of filing the ......in Second Appeal No. 486 of 1964 reversing the concurrent finding of the Courts below and decreeing the suit in favour of the heirs of deceased plaintiff Abdul Latif Bhuiyan who instituted the suit for pre-emption under the Mohammedan Law. 2. Facts in short necessary for disposal of ..Category: Property Law | Date: | Hits: 45
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