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Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rs..........................Respondents Judgment May 30, 1985. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a v......n has observed that this memorandum of the Government got no legal force as it is unilateral. We simply fail to understand what is sought to be meant by unilateral decision. When the Government got absolute power to create or abolish any post, prescribe any pay-scale for such post, or define the s..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....n of section 10, C.P C. had no manner of application to toe facts and circumstances of the case. By its judgment and order dated 9th July 1984 the learned Judges of the High Court Division made the Rule absolute with a direction that the aforesaid miscellaneous case and the title suit be heard and......section 10, C.P C. had no manner of application to toe facts and circumstances of the case. By its judgment and order dated 9th July 1984 the learned Judges of the High Court Division made the Rule absolute with a direction that the aforesaid miscellaneous case and the title suit be heard and disp..Category: Banking Law | Date: | Hits: 121
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....e appellants under section 30 of the aforesaid Act. This application was, however, rejected on 26th May 1984. Thereupon plaintiff-respondent moved the High Court Division Dhaka Bench and obtained a Rule, being Criminal Revision No. 91 of 1984 which was made absolute. The learned Single Judge of th......lication was, however, rejected on 26th May 1984. Thereupon plaintiff-respondent moved the High Court Division Dhaka Bench and obtained a Rule, being Criminal Revision No. 91 of 1984 which was made absolute. The learned Single Judge of the High Court Division set aside the order of the Metropo..Category: Criminal Law | Date: | Hits: 59
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....ocedure, 1908 on the ground mentioned in section 100 of that Code". This means right of appeal is limited as it is for Second Appeal to a point of law. (Sec 44 Allahabad 156). Calcutta High Court Rules, 1939 repealed the Rules in Chapter XXXI and the form prescribed in appendix K of the Origin......Matin in collusion with Md. Yahiya had been illegally managing the company and they have fraudulently allotted additional 1700 shares to M.A. Matin and his son. This was done with a view to gaining absolute control of the Company. In view of these unlawful acts the Company could not run smoothly a..Category: Company Law | Date: | Hits: 195
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....iruddin Sircar, learned Advocate for the respondent, contends that in the ex parte order there is no finding that the election was materially affected. It is true that under rule 48 of the Election Rules, the Election Tribunal shall not declare an election void unless he finds that the election ha......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....er substantial cause," which may include when court considers in the interest of justice "that something remaining obscure should be filled up"(Venkataramiah vs. Seethamma. AIR 1963 SC 1526) 12. Rule 27(1)(b) speaks of for any other substantial cause". The court should allow additional evidence......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....shall be recoverable by the Committee in the manner provided in rules 12 to 15." 12. Thus it is clear that tax dues can be recovered in the event of default by the owner from the occupier as well. Rule 13 provides for the power to recover arrears of taxes, etc., by distress and sale of move-able ....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....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. ......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. ..Category: Property Law | Date: | Hits: 37
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....Court was not authorized under Article 235 of the Constitution, to withhold the plaintiff's promotion as Subordinate Judge, without complying with the requirements of the rules aforesaid." 15. The Rules referred to were Rules 49, 35A and Service (Classification, Control and Appeal) Rules... Sin......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: ..Category: Employment/Service Law | Date: | Hits: 87
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....ply provided a period of limitation from which the time requisite for obtaining certified copy of the judgment of the High Court was to be excluded in terms of section 12 of the Limitation Act, since Rule 4 of Order 1 of the Supreme Court (Appellate Division) Rules provides that the period of limita......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)
....shall vest in the Additional Custodian of Enemy Property in East Pakistan. The notification was issued in exercise of the powers conferred by sub-rule (1) of the rule 122 of the Defence of Pakistan Rules revailidated and continued by the Enemy Property (continuance of enemy provisions) Ordinance o......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....of an order of a Vacation Bench of the High Court Division directing the enlargement on bail of one A.K.M. Golam Kabir (hereinafter referred to us "the detenu"), pending the hearing of a Rule issued on an application filed on his behalf by the respondent Ahmed Nazir under Article 102 (......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ..Category: Criminal Law | Date: | Hits: 49
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....e Respondent No. 4. Faqueer Shahabuddin Ahmed, Attorney General instructed by Abdul Wadud Bhuiya, Assistant Attorney-General – Under Order LV rules of the Supreme Court (Appellate Division) Rules, 1973. Respondent Nos. 1-3—Not represented. Civil Appeal No 4 of 1974. (On appeal......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....for the offence of murder and was sentenced to death. In appeal before the High Court his conviction was challenged on the ground that the provisions of rule 2, Part C, Chapter 24, Vol. III of the Rules and Orders of the High Court were not complied with and that the Advocate who was appointed t......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....e consideration money put the vendee into possession of the property transferred, sale has been effected. Thus the sale as contemplated under the Mohammedan Law has been recognised. The Rules of Mohammedan Law provide that the formalities are to be strictly performed by the pre-e......he deed. The sale deed further recited "on receipt of the whole and entire amount of consideration money we have put the said claimed into possession and occupation of this vended property as absolute owner in place of us, the executants and our heirs and representatives". The dee..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....wyers Involved: Ahmed Husain, Senior Advocate instructed by Aminul Huq, Advocate-on-Record—For the Appellants. K.A. Bakr, Attorney General, B. Hossain Advocate-on-Record.—Rule 1, Order XLV, Supreme Court (A.D.) Rules, 1973. Ex parte—Respondent. Civi......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