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Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ...... Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ......the defaulted General Meeting were called, no profit and loss account was submitted and the appellant was prevented from participating in the management of the Company; more irregularities serious in nature, were created by respdt No. 1 since then. Respdt. No. 1, with an ulterior motive, filed a sui..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......g. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......to have been entrusted with the petitioners. If the petitioners fail to supply the goods contracted or refund the money they may be liable for breach of contract and the dispute would he one of civil nature, but it cannot be said that they have committed criminal breach of trust, punishable under se..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ...... as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ......of the case in order to ascertain if suspension was at all necessary. It was held: “Before placing an officer under suspension the authority shall have to form a definite opinion as to the nature of punishment to be inflicted on consideration as to whether the offence is a major or minor ..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)
....is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......ss any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......been defined in section 2(2) of the Local Government Ordinance, 1976 as the fund of a local body, such as, Municipality or Union Parishad. It is, therefore, clear that no local fund of this nature is in control of the Vested and Non-Resident Property Cell. Again, this Vested and Non-Reside..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......ision by the High Court under the Code of Criminal Procedure it was observed in the case of Parmeshar Dat Vs. Emperor, 18 Cr LJ. 900; “An order passed under that section is of an executive nature and can not be made the subject of revision under section 435 of the Code of Criminal Pr..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ...... petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......ision by the High Court under the Code of Criminal Procedure it was observed in the case of Parmeshar Dat Vs. Emperor, 18 Cr L J. 900; "An order passed under that section is of an executive nature and can not be made the subject of revision under section 435 of the Code of Criminal Pr..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ......ellip;.......Appellants Vs. Nurul Islam & others.........................................Respondents Judgment July 14, 1978. Result: The appeal is dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in...... 197. it was held that the word 'summarily' occur ring in the latter portion of section 76(c) of the Transfer of Property Act implied that the proceedings for realisation of rent by nature, for instance, as in the case of a certificate proceeding under the Public Demand Recovery Ac..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......th if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......an 8 months for the Chemical Examiner to submit his report, This, we must say, is something very unusual and ought to have been explained. 17. Mr. Mostafa Kamal has also commented on the cryptic nature of the report as also of the evidence given by the Chemical Examiner. He has pointed out that..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ......this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ...... since retrospectivity has not been given expressly this would be treated as prospective legislation; (2) transfer of the case which was pending in a special jurisdiction to a jurisdiction of general nature is not permissible and assumption of jurisdiction by a Tribunal which has not been vested by ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......diction) Present: Ranadhir Sen J Abu Daud and others………………………………..Petitioners Vs. Ruhul Amin Sardar and others (In C.R. 445/75) Sailuddin Sardar & others………&hel......and completely to adjudicate upon and settle all questions involved in the suit. In the background of the above provision, can it be said that section 143A contemplates a proceeding of such nature or is a proceeding which is deemed to be a suit where all questions involved in the suit or p..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ...... however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......rn for 1966-67 the Tube well Company showed an income of Rs. 35433/ which included Rs. 11,006/- which represented the income of Khayyum Restaurant. In support of his contention that the firms of this nature constitute one and single entity for the purpose of assessment Mr. Bhuiya cited certain decis..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......ged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......dent No. 3. 10. With regard to the second branch of the argument of Mr. Ahmed, we think the petitioner could have usefully addressed her grievances to the Chancellor of the University and in the nature of things, the final say ought to have been from him, instead of from us in a matter like thi..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......f law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ...... Cr.P.C. nor did he give the O.P. an opportunity of being heard before he was deprived of the property.” In view of the opinion of the learned Sessions Judge:- “An order of this nature without any enquiry or hearing is highly improper and therefore liable to be quashed,” ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ...... law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ...... Cr.P.C. nor did he give the O.P. an opportunity of being heard before he was deprived of the property.” In view of the opinion of the learned Sessions Judge:- “An order of this nature without any enquiry or hearing is highly improper and therefore liable to be quashed,” ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ...... Involved: M. A. Khakd—For the Appellant. No one—For the Respondent. Appeal from Appellate Decree No. 375 of 1965. Judgment M.H. Rahman J.-This appeal, by the plaintiffs, is directed against the decision of the learned Subordinate Judge, 1st Court, Faridpur in T......t, without settling to what extent the contract was so ambiguous as to justify resort to evidence as to the negotiations. 12. It is true that it is not the name to a contract that determines the nature of a transaction. To find out the jural relation constitute by a document the court may prefe..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......peal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......nied by 30 Class III and Class IV employees of the Council trespassed into the office-room of Dr. Kiamuddin, Director of the Council, abused him in objectionable language and forced him to put his signature on a paper relating to house, subsidy of the employees. On that allegation the petitioner was..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......ourt Division (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: ......has also referred to various other decisions. 8. The main emphasis which the learned Advocate Mr. Ishtiaq Ahmed has laid is that the rule in Foss Vs. Harbottle and in deciding the matter of this nature when the case has been decided in favour of the plaintiff on the question that the suit is no..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......stances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ...... been managed by the government through an Administrator. Respondent. No. 1 in each of these petitions is a worker as defined in the Industrial Relations Ordinance, 1969 briefly the Ordinance and the nature of their work is clerical such as store clerk. These 12 workers had filed separate applicatio..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......for filing it in an inferior court. But in the case before us there has neither been any combination of causes of action nor splitting up of a cause of action into many. Moreover, in those cases, the nature of both the previous and subsequent suits was the same, whereas in the case before us the nat..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ......sp; ......9; but it does not contain any arbitration clause. The words 'Arbitration London' without specifying' any other details as to the subject matter of dispute or the parties concerned or the nature and mode of arbitration or the arbitrators is, to my mind, too vague and uncertain to be acte..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
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