Search Options
Judgment Advanced Search
Displaying 6301-6320 of 7133 results.
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....n 499 of the Penal Code. In this view of the matter, the learned single Judge acquitted the respondent. 2. This appeal involves interpretation of the words "the proceeding of a court of justice" appearing in the 4th exception to section 499 of the Penal Code. Counsel contended t......" begins. Section 204 provides that if the Magistrate is satisfied that there is sufficient ground for proceeding summons or warrant are issued depending upon the nature of the case according to the 4th column of the second schedule "for causing the accused to be brought....... Appellant Vs. Ameaur Rashid Chowdhury…………………Respondent Judgment September 3, 1980. Cases Referred to- Kimber vs. The Press Association Limited 1 QB.(l&93) 1 Q.B. 65; Voni Madho Prosad Si......ssed that the respondent is entitled to the defence of privilege as because he published the complaint petition as an editor, printer, and publisher of the newspaper. He is, therefore protected by law. 13. The argument is misconceived. In section 499 of the Penal Code no such absolut..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....ellants, it might be argued that the mutation was binding upon the appellants but the non-service of notice of the mutation case has not only resulted in the violation of the principles of natural justice so far as the appellants are concerned but is in direct violation of the statutor......ned Judges held that since during the pendency of the pre-emption proceeding the record of right was changed in the name of Salina Bai by mutation, the appellants ceased to be co-sharer tenant and, accordingly, pre-emption was not available to them. 8. The High Court Division accordingly a......led an application under section 24 of the Non-Agricultural Tenancy Act in the Third Court of the Sub-ordinate Judge Dacca. His case was that the 'A schedule property originally belonged to one Samru Goala in whose name C.S. record stood on February 28, 1927. The property was......ular case would depend on the nature of land, the person who holds such land and the relationship between him and the person who claims to pre-empt the land transferred by the former. Since the two laws, namely, Non-Agricultural Tenancy Act and the State Acquisition Act dealt with two kinds of l..Category: Property Law | Date: | Hits: 47
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. ......lip;………………………………………………..Appellant. Vs. Registrar of Joint Stock Companies, Dacca…………………. Respondents Ju......a special type of One Member Company under section 8(2) of the Petroleum Act, 1974, He submitted that Bangladesh Petroleum Corporation and the Company are separate and distinct person in the eye of law and therefore the Jamuna Oil Company are required to hold annual general meeting under the Com..Category: Business or Commercial Law | Date: | Hits: 107
....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.
......edure for rejection of the plaint on the ground that the suit
is hit by section 133 of the Co-operative Societies Act, 1940. The plaintiff
respondents case is that the suit land originally belonged to the appellant
Baitul Aman Co-operative Housing Society Ltd. a registered Society under the
Beng......ct of the
suit property and to get the membership with the Baitul Aman Co-operative
Housing Society Ltd;
(iv) For any other or further relief
or reliefs as the plaintiffs are entitled to in law and equity;
(v)
For all costs of the suit.
2. The application filed by the..
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. ....... 5. On examination of Exhibit C we are satisfied that the application was not signed and subscribed by the pre-emptor but it was signed and subscribed by his co-sharer Gurudas Mondal, who, according to the suggestions made to the witness at the trial, was siding with the transf...... Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. Rakhal Chandra Mondal and others..........................Respondents (In C.A. Nos. 143 to 146 of 1978) Judgment June 7, 1979. Lawyers Involved: Khandkar Mahb......n 117 of the Act, and the order is in conformity with the statutory requirements and the order has been given effect by the co-sharer tenants of the holding, the holding stands separated under the law. If any of the tenants is aggrieved by the order, he can take recourse to appeal as provid..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. ...... no longer a co-sharer. This was challenged in Misc. Appeal No. 148/65 and the Addl. District Judge by his order dated 7.3.70 allowed the appeal by holding that the subdivision was not legal and accordingly allowed the pre-emption case. 5. Being aggrieved by that order the High Court......The Appeal is allowed and the petition for pre-emption is dismissed. The Bengal Tenancy Act (VIII of 1885) Sec. 88A If the subdivision of the jama is done in accordance with law, the preemptor is not a co-sharer. Whether interest of the tenant subsisted after split of the jama in the jami...... Result: The Appeal is allowed and the petition for pre-emption is dismissed. The Bengal Tenancy Act (VIII of 1885) Sec. 88A If the subdivision of the jama is done in accordance with law, the preemptor is not a co-sharer. Whether interest of the tenant subsisted after split of the j..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... 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. ......f the appeal but it is necessary to grant temporary injunction on the ground "the object of the suit will be frustrated and the second appeal filed in this Court will be infructuous" and accordingly passed the order of temporary injunction taking the view that it would not affect preju...... of guarantee. The trial Court rejected the plaint under Order 7 rule 11 of the Code of Civil Procedure holding that the plaintiff has no cause of action and the Court had no pecuniary jurisdiction to try the suit. On appeal the appellate Court below dismissed the appeal and affirmed the judgment......granted by the High Court Division while the second appeal is still pending for disposal. Leave was granted to consider whether the High Court Division acted correctly and in accordance with law in passing the order of injunction. 3. Plaintiff's case was that it made an offer to de..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of BanglaÂdesh 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. ......ection 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 service shall be treated as on extraordinary leave without any pay from the date......p; Mr. Ahmad Sobhan, the learned Counsel appearing for the appellant canvassed that the High Court Division made the rule absolute by holding that the termination order was passed without any lawful authority and was of no legal effect. In view of such order the rest of the direction is wit..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. ......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. ......ellip;………… Appellant Vs. Madan Meah Chowdhury ..........................................Respondent Judgment June 4, 1980. Case Referred to- Ramsarup Das vs. Raeswar Das, AIR 1950 Patna 184. Lawyer Involved: Ahmed ......on or nominee of the late Sajjadanashin, if at any time it was so indicated. This mode of appointment of a Sajjadanashin by the Murids of the late Sajjadanashin has been recognised by the Courts of law as one of the valid modes to appoint a Sajjadanashin. The Privy Council in the case of Sain Ma..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. ...... inclined to the view taken by the Pakistan Supreme Court as it appears to be based on realistic interpretation of the relevant provisions of law. A decree, before it is prepared, drawn and signed according to law, cannot be, put into execution. The decree cannot be drawn except on a requisite s......hellip;………….Appellants Vs. Abdul Hafiz and ors…..........................Respondents Judgment March 17, 1981. Cases Referred to- Koshers Mohan Pal vs. Proves Chandra Manual AIR 1924 Cal. 351; Government of West Pakist......stored that of the trial court and directed that the execution proceeding should proceed. Special leave has been granted to see whether this order of the High Court Division is well founded in law in the circumstances as set out above. 3. Mr. Abdul Wadud Mian, the learned Advocate, h..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick BroÂthers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review appliÂcation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......sting Assessee inadmissible expenses which were not allowed at the time of the original assessment, the income tax authorities find that such returns have been filed correctly these would be accepted accordingly. (b) If in the light of the wealth stateÂments, personal expenses and other relevan......dvocate, instructed, by Abu Bakkar, Advocate-on-Record—For the Respondent. Civil Review Petition No. 3 of 1980. From the judgment and order dated 30.11.1978 passed by the Appellate Division to Civil Appeal No. 108 of 1978. Judgment Badrul Haider Chowdhury J. - This review petition ......lication was not communicated, and that the demand on the assessment under ins said regulation it inÂvalid, became after the emergence of BanglaÂdesh, M. L. R. N.32 of 1969 ceased to be an existing law, as it does not come within the definition of an existing law. The High Court Division replied t..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. ......possible opportunity the pre-emptor submitted to the pre-emptee an interrogatory asking him to furnish the name and particulars of the left-out co-sharers. Those particulars were in fact furnished accordingly but without an affidavit. The trial court al the instance of the pre-emptor rejected th......dey, Advocate-on-Record—For the Appellant. Md. Yeasin, Advocate, instructed by S.M., Huq. Advocate-on Record — For Respondant No. 1. Exparte— Respondents Nos. 2(i) to 2(iv) & 3 to 11 & (i) to 12(v) & 13. Civil Appeal No. 36 of 1980. (F...... decision in Motilal Sikdar's case as clarified by a subsequent decision in the case of "Abdus Samad vs. Sohrab Ali” (1981) 33 D.L.R (AD) 113 the High Court Division was well founded in law to hold that the ''left out co-sharers of the pre-emptor" had no subsisting right of pre-e..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. ......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. ...... Judgment January 14, 1981. Result: The appeal is allowed. The Succession Act, 1925 (39 of 1925), section 283 In a proceeding for the probate of a Will what the court is requiÂred to see is whether the Will is duly execuÂted and if there is evidence to this effect the court will......as a party in the proceeding so as to contest the proposed grant of the probate alleging that the land under the Will had been declared "as a vested and non-resident property" by the Government under law and that the land was leased out to them by the Government and on that basis they had been posse..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....top-ranking authorities, like the Commissioner of Income Tax and the CenÂtral Board of Revenue. The Court, however, held that there might be cases where improper execution of power could result in injustice to the parties, but the "possibility of such disÂcriminatory treatment cannot necessarily i......nd (ii) that differentia must have a rational relation to the object sought to be achieved by the statute in question. The classificaÂtion may be founded on different basis, namely, geographical, or according to objects or occupations or the like what is necessary is that there must be a nexus be......inistry of Health and Population Control and others…………………………………………Respondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Shamlal vs. State of Uttar Pradesh AIR 1954 S.C. 369; Jibendra Kishore Acharyya vs. Govt. of......No. 489 of 1980) Judgment Kemaluddin Hossain CJ.- Though I agree with the conclusion reached by the Court, that the appeal be allowed and the impugned order declared to have been made without lawful authority, and agree with the reasons given by my learned brother Munim J. in his well-reason..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....lication under Article 102 of the Constitution was not maintainable in view of the fact that the appellant was governed by the ordiÂnary law of master and servant. Further, the principles of natural justice were not available to the appellant, as his service was terminated in terms of his contract ...... (2) the Government shall as from such commencement or date be the sole shareholder in, or owner of, such indusÂtrial enterprise." 16. The affairs of the unit or enterprise will be carried on according to its own Memorandum and Articles of Association as well as the provisions of the Compani...... called the Enterprise). His order of appointment as the AdÂministrative Manager of the Enterprise which is contained in the letter from the Minister for Labour is as follows: "In recognition to his all dedicated and efficient participation in the liberation straggle of Bangladesh Mr. Musha......o. 471 of 1979 and 178 of 1979 and 178 of 1978 respectively.) Judgment: Fazle Munim J.- These two appeals, namely, Civil Appeal Not. 196 of 1979 and 65 of 1980 Involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals. Civil Appeal..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....s to run the organization as a non-profit 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......se 3(36) by which the appellant earns to run the organization as a non-profit 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 th......lved: Hamidul Huq Chowdhury, with Asrarul Hussain, Senior Advocates, Md. Khalilur Rahman, Advocate, instructed by M. R. Khan, Advocate-on-Record.—For the Appellant. K.A, Bakr, Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General, instructed by S. S. Huda, Advocate-o......quot;. The order has been issued under Section 8(1) (b) of the Ordinance which is as follows;— “8(1) Notwithstanding anything contained in the Act or in any other law for the time being in force or in the articles or memorandum— (b) The (Appro..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ble by a Court of Session, having been transÂferred to the Special Martial Law Court, depriving the appellant from the advantages and remedies available under the Code of Criminal Procedure, grave injustice has been done to the appellant. The argument howÂever could not be praised further in view ......not be treated as good law either on the principle of state devises or otherwise, In deciding the question of supremacy of the Constitution vis-a-vis the power of the Chief Martial Law Administrator according to the learned Judges, the decision in Dosso's case is not based upon correct enunciation ......¦â€¦.Appellant Vs. Bangladesh and others………………………………………….Respondents Judgment March 27, 1980. Result: The appeal is dismissed. Cases Refereed to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Asma Jilani vs. GovernÂment of Punjab, PLD 19......aw Court No. II, Dacca convicting the petitioner under section 302 of the Penal Code and sentencing him to death and the order dated 29.1.1978 confirming the sentence of death have been taken without lawful authority, and are of no legal effect; and for an order directing the respondent Nos. 2 and 3..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. ...... 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. ......¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment January 31, 1979. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Articles 133, 102(5), 102(2)(a)(ii). Being an inspector of police the respondent is a member of disciplined force. A court or tribunal set up under the ......ed. The Constitution of Bangladesh, 1972, Articles 133, 102(5), 102(2)(a)(ii). Being an inspector of police the respondent is a member of disciplined force. A court or tribunal set up under the law to deal with any matter relating to a disciplined force cannot be directed under article 102(5) ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....ion 4 provides that a Sessions Judge may, on review, set aside, vary or modify any order, judgment or sentence or make orders for retrial or such other orders as he deems necessary for the ends of justice. The expression "Sessions Judge" was inserted by substituting the word "Gove......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. ......sh; For the Appellant. (In Cr. A. 22/1979) Shamsul Huq Chowdhury, Advocate instructed by Aftab Hossain, Advocate-on-Record.—For the Appellant. (In Cr. A. 23/1979) K.A. Bakr, Attorney-General, A.W. Bhuiyan, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Rec......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. ..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. ......stituted. The Tribunal accepted the contention and after setting aside the order of the Thana Magistrate remanded the case for rehearing by a properly constituted Arbitration Court according to law Validity of this order was challenged by the respondent by filing an application&n......nbsp; Ruhul Islam J. - This appeal by special leave arises from the judgement of the High Court Division in Writ Petition No. 60 of 1976. Leave was granted to consider the question raised by the appellant-whether under the provisions of the President's Or......lant did not appear before the Arbitration Court, and as such it has no jurisdiction to make any order. The Thana Magistrate caused notices to be served on the parties, who as required in the law, appeared, on consideration of the report submitted by the Magistrate as per directio..Category: Constitutional Law | Date: | Hits: 153
15701569156715661565156415631562156115601559155815561555155415531551155015491548