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Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....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. ......gh Court Division reversed his findings and set aside his order as to the preliminary objections of the appellant regarding the non-maintainability of the appeal on the ground of limitation and in view of the provisions of section 72 of the Ordinance. The learned Judged who heard the appeal foun..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....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. ...... in 1953, defendants' contention is that the plaintiffs deliberately defaulted in payment of rent, brought about the case of the karsha and re-purchased it in the benami of Fazle Karim Khan with a view to destroying their Kol-korsha which had stood although. This allegation of sale by collusion ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....shed and as such there is no necessity for getting a declaration of their title. The view taken by the High Court Division that the suit is not maintainable without declaration of title is clearly erroneous. As to the community of interests between the plaintiffs and defendant No. 2, this questi...... showing that Katrik Chandra transferred the land to one Shafiqul Alam who is alleged to be benamder of defendant No. 2. These sale-deeds are of no consequence if Dwijendra did not acquire title in view of Sachindra's sale-deed. 6. As to the transfer by the lease deed dated 16.2.52, it wa..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
.... the true report of the proceeding and the protection under the 4th exception is not available. There is no doubt that the learned Single Judge set aside the order of conviction and sentence on an erroneous view of the law. 15. In the result, therefore, this appeal is allowed. The judgmen......nd that the reporting of the proceedings in the weekly paper of the respondent was substantially true and therefore protected under the 4th exception to section 499 of the Penal Code. In this view of the matter, the learned single Judge acquitted the respondent. 2. This appeal involve..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... 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. ......September 30, 1974. The respondents preferred First Miscellaneous Appeal No. 15 of 1975 in the High Court Division which considered the following questions, namely, 1. Whether, in view of the provision of section 85 of the Non-Agricultural Tenancy Act, application for pre-empti..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
.... Government decides to go for mixed economy. That was precisely done in this matter. Jamuna Oil Company is such a company with its limited objectives of marketing petroleum. It is, therefore, erroneous to consider such company as a one-man company. This company has a distinct legal ent......us there are only 2 shareholders of the Jamuna Oil Company. The High Court Division considered that A. S. A. Nur is a shareholder as he is the Secretary of the Corporation. It, therefore, took the view that Jamuna Oil Company for all practical purposes is 'One Member Company. The error lies here..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....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. ...... of the Subordinate Judge was affirmed. 3. Leave was granted to examine the contention of the appellants that the question as to whether the suit as framed is maintainable in view of section 133 of the Act; and whether the question raised by the appellants has been properly..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. ......the findings of the lower appellate Court on both questions. With regard to the second question, namely the separation of the jama under Section 117 of the Act, the learned Judge endorsed the view of the Additional District Judge with the following observations: "The pre-emp..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. ......is Scamander’s sheresta and the Revenue Officer noticed this factual position and passed necessary orders on 30.10.59 in Ext.X. The trial court has found that Ext.D had been acted upon. In this view it is argued that the pre-emptor is no longer a co-sharer within the meaning of Section 26 (F) ..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....ontract. made the rule absolute by issuing order of injunction. 4. Mr. Rafiqul Huq, learned Counsel appearing for the appellant Uttara Bank, submitted that the High Court Division erroneously granted the injection when the two courts below held that the suit itself was not maint......s any grievance in law the same can be remedied by compensation or damage. It was essentially a money claim and the Court should not have granted injunction. 5. The trial Court took the view that the plaintiff had no cause of action and it had no pecuniary jurisdiction to try the sui..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....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 Bench of the High Court Division and the rule was made absolute, with a direction which is as follows:— "In this connection it may be further mentioned that in view of the setting aside the impugned order the petitioner though considered to remain in se..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....to avoid clash with the defendants, who, as the rival group, might attempt to hold Urns in the Darbarsharif and on the Darbarsharif land. 23. The learned Subordinate Judge on a totally erroneous view of the status of the Darbarsharif or Khankasharif determined the question of substit......ased plaintiff did not include any of the defendants who are the direct decendants of the original founder. Be it noted that the defendants are the step brothers of the original plaintiff. In this view of the matter the opinion is that the right to sue has not survived and with the death of the ..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....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. ......aintiff-respondents while Mr. M. H. Khondker, learned counsel has appeared has arnicas curiae in order to assist the court in arriving at a correct decision on this question about which conflicting views have been expressed for over a long period. The question is what is the date of a decree for..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....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: ......p; another……………………..Petitioner Vs. M/s. Mullick Brothers…………………………………………..Respondent Judgment February 2, 1981. Result: The review application is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Seni..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....ingredients is present in the instant case where a number of co-sharers were omitted and the omission was not supplied even when opportunity was given. The High Court Division is found to have erroneously held that the omissions were not supplied even when opportunity was given. The High Cou......e opportunity of availing of the provision of the laid sub-section. Since the benefit conferred under the said provisions it meant for certain individuals; they can very well be waived. In that view of the matter the positive Injunction contained in the laid sub-section as to the making..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......ideration of the questions involved therein held that the respondents are entitled to be brought on record so as to contest the case as "they got some interest in the property of the testator". In view of this decision it is not necessary to examine the question whether the provision of Order 1, ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....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. ......e parties, discharged the Rule on July 29, 1980. It was held, inter alia, that (i) the Act had apparently been made in terms of paragraph 10(2) (b) of the Fourth schedule of the Constitution and in view of Article 150 of the Constitution the Act was to have effect notwithstanding any other provisi..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....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: ......lic enterprise which is owned by the government and controlled by the corporation. 8. The respondent's case was that the application under Article 102 of the Constitution was not maintainable in view of the fact that the appellant was governed by the ordinary law of master and servant. Furthe..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......olding that just because the licence was subject to condition the licence could be penalized without giving an opportunity of placing his version on the effects of the Impugned order. In this view the last two considerations of the learned Attorney-General fail. 13. In support ..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......in India were declared as enemy property. The plaintiff in 1968 filed an application for Letter of Administration and the moot question railed on behalf of the Enemy Properly Authority was that in view of the notification of 3rd December, 1965 the Letters of Administration could not be granted. ..Category: Property Law | Date: | Hits: 39
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