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A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....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. ......rt of Appeal held that wholly owned subsidiary of the British Transport Commission was a separate legal entity. In that case the shares of an omnibus company which provided passenger road services in a district in South Wales were, by virtue of power contained in the Transport Act, 194..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. ......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. ......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)
....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. ...... statement disclaiming the petition Ext. C. In the circumstances, the learned Additional District Judge was of the view that Exhibit C having been denied by the pre-emptor, there was nothing on record to bind him by the effects of Exhibit "C". 4. The learned Judge also n......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)
....rt cannot knock it out by holding it as having been made without jurisdiction in a collateral proceeding. 13. The reason can be stated in the words of Asquith, LJ: "It is undoubtedly good law that where a statute creates a right and in plain language gives a specific remedy or appo&......198/138 under Khatian No.74 of Mouza Hurmashisha. The previous separation made in the Sheresta of the Ex-Zaminder was noticed. It was noticed ''The R.C.O. ignoring the previous jama made records in amalgamation. This has created difficulties for realisation of Govt. revenue. And as such......ut this is essentially a question of fact whether all the co-sharers tenants were served with reasonable notice and opportunities were given for the hearing. Ext. D shows that notices were issued and service notices were duly filed. "There is no objection. Both parties present and produced rent..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....he signing of the contract "on presentation by the seller Bank guarantee. £50,000 was to be paid by irrevocable, unconfirmed letter of credit" opened upon notification that the goods were ready for shipment and the balance of £425,000 was payable "within West minis...... 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
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 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. ...... is directed against an order of the High Court Division in Writ Petition No. 196 of 1976. 2. Writ Petition No. 196 of 1976 was filed by the appellant challenging the order of termination of service and the rule was heard by a Division Bench of the High Court Division and the rule was mad..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....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. ......e were secular properties having not been dedicated to the charity or to a trust or to Allah. It was found on the contrary in E.C. Case No. 614 of 1963 that when the Wakf Commissioner directed for recording the plaint schedule properties as wakf properties, the plaintiff himself had challenged i......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)
....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. ......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)
....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: ...... 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 important nature of the question it will be useful to place on record the entire order-sheet. Date Event (a) ......If as a result of proceeding declaration the ‘excess income’ is enhanced agreement with the assesses, thereby creating a further demand, it shall be payable within a period of two months of the service of the Notice of Demand. No rebate shall, however be admissible. In case of default addition..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....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. ......t or pre emption and as such their omission was not fatal to the proceeding. The High Court Division accepted this contention observing that "it doss not appear that there is anything on record to indicate that the alleged left-out heirs of Barku had a subsisting right of pre-emption.&......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
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. ......found it to be an application attracted by section 283 (1)(c) of the Succession Act and upon consideration 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 vi......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. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....to carry out the intentions of Parliament in respect of a power which it has given him in that regard, and he gives no reason whatever for taking a contrary course, the court may infer that he has no good reason and that he is not using the power given by Parliament to carry out its intentions." (p....... is the date on which he attains the age of 55 years. He may be retained in service after the date of compulsory retirement with the sanction of the local Government on public grounds which must be recorded in writing, but he must not be retained after the age of 60 years except in very special ci......Post-Graduate Medicine and Research was served with a notice issued on June 5, 1980 by Prof. M.A. Haleem, Additional Secretary-in-charge, Ministry of Health and population Control retiring him from service with immediate effect. The notice was served in exercise of powers conferred by sub-section ..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: ......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: ......he officer currently holding the aforesaid post should vacate and will work as an officer on Special Duly until further orders." Respondent No.1 by his order dated May 24, 1979 terminated the service of the appellant with effect from the same day 'under clause 7(h) (v) of letter of his appoi..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......rofit making public welfare organization. This clause has been ordered to be deleted without any notice to the appellant and accordingly the principle of natural justice is violated. 8. The records of the case show that the Ministry of Commerce took more than two year to issue the licence ......veral times at the instance of the Government before the licence was granted. The chief business of the Association is weighment and measurement on all country basis, which is fully described this service being required essentially by the Steamers and Shipping agents, in Clause 3(36) of the Memo..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. ......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. ......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. ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....e destruction of the Constitution but also the validity of the national legal order, irrespective of how or by whom such a change is brought about", are wholly unsustainable and cannot be treated as good law either on the principle of state devises or otherwise, In deciding the question of supremac......in, the order must be treated as one validly passed under Regulation 3(2). In this connection, Mr. M. H. Khondker referred to some authorities, but in view of the clear position as evidenced from the record I do not consider it necessary to refer to the same. 12. Mr. M. H. Khondker next submitte......adat Mohammad Sayem assumed the powers of Chief Martial Law Administrator and declared that the Chief Martial Law Administrator shall not be deemed to be a person holding an office of profit in the service of the People's Republic of Bangladesh for any purpose whatsoever; Parliament was dissolve..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......he Disciplined Force. (2) Whether the finding of the High Court Division, that there was no evidence supporting the conclusion of the Enquiry Committee, is sustainable in view of the materials on record. (3) Whether the learned Judges-were well founded in law in observing that the Screening ......es or of any disciplined force in case he challenges the decision of the authority under which he serves……….(13) The tribunal being empowered by law to deal with any member of the defense service or of any disciplined force, no remedy against the decision of such court or tribunal is ava..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......, as such, any order passed by the Sessions Judge in review cannot be questioned under sections 435/439 of the Code of Criminal Procedure. 5. After hearing the appellants it was felt that a service of some Senior Advocate was necessary to assist the Court. Accordingly, Syed Ishtiaq Ahmed,..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......legality of the order of the Tribunal and filed an application under Article 7(5) of the President's Order No. 13 of 1972 with Boxirhat Union Arbitration Court. The Arbitration Court forwarded the record of the case to the Thana Magistrate recording that the appellant did not appear before the A......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....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. ......petition praying for time for furnishing required security bond. The learned S.C.C. Judge allowed time to the respondent to furnish the security bond by 25-9-73 and fixed 14-11-73 for return of the service of notice in the Miscellaneous Case. The respondent neither filed the security bond nor took..Category: Procedural Law | Date: | Hits: 147
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