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A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......tion of the Company. Article 4 of the Articles of Association of the Company states 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 pro......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
.... 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. ......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. ...... plaintiffs pray for a decree: (a) declaring plaintiffs' title to the suit land; (b) declaring that the plaintiffs are entitled to the membership in the Society; and (c) for recovery of khas possession after evicting the defendants. 5. In this background the defenda......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. ..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....nder section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......or the appellant referred to a decision of the Supreme Court of Pakistan in the case of Chandra Kumar Maladas Versus Abdul Motaleb, 19 D.L.R. (S.C.) 36 that the pre-emptor though a co-sharer at the time of transfer ceased lo be a co-sharer in the holding on the separation of the jama. The decisi......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. ..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
.... 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. ......he appellate court below and remanded the case to the trial court for coming to a decision in the light of its observations. The matter went before the Subordinate Judge, 3rd Court and this time by order dated 31-8.65 the learned Subordinate Judge dismissed the Misc. Case holding that ther......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. ..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....peal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......ining respondent 2 from honoring the demand for encashment to the letter of guarantee. The learned Single Judge took the view that whether the suit is maintainable or not will be gone into at time of the hearing of the appeal but it is necessary to grant temporary injunction on the ground &...... 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
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....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. ...... that there will be no abatement if the right to suit survives. Right to suit means the right to bring a suit asserting a right to the same relief which the deceased plaintiff asserted at the time of his death. Respondent Madan Meah is an outsider. The office of Sajjadanashin has passed fro......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)
.... 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. ......light of the day. Decree cannot be prepared unless the required stamped-paper is supplied. But there is no law under which the decree-holder is bound to supply the 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 ......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)
.... 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: ...... as contemplated by M.L. R. No. 32 of 1969 and the assessee and his lawyer agreed to the assessment and demand note was issued on 29.11.69. He placed the entire order-sheet before this Court at the time of hearing which was placed before this Court on the previous occasion. In view of the importan......eptember, 1969 but before 15th January, 1970, a rebate of 10% annume shall be charged on the amount which remains outstanding on 15 January, 1970. All the provisions of the Income-tax Act relating to recovery of tax will apply in respect of any tax which remains outstanding after the lapse of a pe......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: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
.... result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ...... a revision under section 115, Civil Procedure Code was filed in which an application was made for taking an additional ground as to defect of parties in respect of a different person for the first time. It was alleged that one Mozaffar All Khan was a contiguous land holder but was no impleaded i......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... 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. ......) “Physician”, means any holder of medical licence, diploma or degree engaged in the prevention, cure or treatment of diseases of man; (d) "public servant" includes any person who is, for the time being in the service of the Republic or of any corporation; nationalised enterprise or local au......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....rvations, 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: ......nder a Corporation by, or by an order under clause (1) of Article 10. and all shares and proprietary and other interests, as have not already vetted in the Government by or under any law for the time being in force shall, by virtue of this Article and without any further proceeding or formal......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: ......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: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
..... Ed. ...... The Government granted the license required 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 A...... 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)
....is Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......on the dead body of Saleha Begum but without proper investigation submitted report supporting the case of suicide Dr. Mozammel Huq Chowdhri was tried separately in M L Case No. 41 of 1978. In the meantime, P.W. 1 Shahidul Karim, a brother of the deceased, lodged information in the Motijheel P.S. acc......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......ee and the Court passes necessary orders on the application directing the applicant either to deposit the decretal money or furnish security bond, and the applicant complies with direction within the time given by the Court, this will be sufficient compliance of the requirement of the proviso. Ca......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....t. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......f section 32 the power of attorney shall alone be recognised and here we exclude all other excepting which is relevant for our purpose and that is in clause (c) which says if the principal at any time aforesaid does not reside in Bangladesh a power of attorney executed before an authenticated ......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......d the application for preemption. Special leave to appeal was granted to the appellants to consider whether the objection that Mozaffar Ali Khan was a necessary party which was taken for the first time in the High Court should have been entertained and whether in any view of the matter the case ......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ..Category: Property Law | Date: | Hits: 73
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....ce with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......amely, Dacca Improvement trust only. No opportunity of hearing was given to the Appellant. The minimum requirement was to see whether the Respondents to the writ petition did receive the notices in time, and if so, had they sufficient cause in failing to appear at the time of hearing and present......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....peal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ...... view being that this right accrues on the date of the final decree when appeal is preferred from the decree of the first appellate court. 21. Mr. Ishtiaq Ahmed has contended that the appropriate time for the application is the date of the decree of the first appellate court whether any appeal t......inal decree of the appellate court." 2. Facts of the case are rather simple. The respondent-plaintiffs filed Title Suit No. 68 of 1956 against the appellant-defendant for declaration of title and recovery of possession of the suit land. The suit was decreed by the Munsif on 29th May, 1957 and th......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ich broke out in January 1964; their huts and houses were burnt and their movable properties looted; they took shelter in the refugee camps opened by the Government in the city of Dacca. After some time they returned to their village and after reconstructing their burnt down huts started living ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....peal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ...... section 14 of the Limitation Act is available in an execution proceeding. 2. In the facts of this case whether it could be said that the second executions petition was within time. 2. The facts giving rise to these questions are that there was a suit for declarat......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
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