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Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
...., whether Section 270 of Government of India Act was applicable, which required sanction of the government, before a civil or criminal proceeding is taken against a person, for acts done in execution of duty as the servant of the Crown of India. The Full Bench held that criminal proceeding......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......dings because firstly, it is an embargo upon entertaining any future petition, and secondly, it does not say that earlier petitions which have already been entertained should not be proceeded with. Indeed, from the wordings of the memo in question we do not find any embargo upon carrying into effect..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......of 1979. 2. Accused -respondents were put on trial before the Sessions Judge. Bogra, to answer a charge under Section 467 read with Section 34 of the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellants. Facts are that accuse......79. 2. Accused -respondents were put on trial before the Sessions Judge. Bogra, to answer a charge under Section 467 read with Section 34 of the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellants. Facts are that accused Ama..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......he defendant has arisen out of a suit for specific performance of contract of reconveyance. The plaintiff's case is that he sold the suit land to the defendant for Rs. 3000/- by a registered deed on 13th As win 1370 B. S. on condition of repurchase of the same land from the defendant on rep..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ......n does not in the ordinary way depend on the correct resolution of a dispute as to the sufficiency of performance by the seller to the buyer or by the buyer to the seller as the case may be under the sale and purchase contract ; the bank here simply is concerned to see whether the event has happened...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......ion. 3. Defendant No. 8, respondent No. 1, contested the suit contending that the transaction under the Kabala dated June 9, 1945 between Prohllad Chandra Sen and the Bank was not an out and out sale but was a mortgage on conditional sale, that the plaintiff's predecessor by the subsequent ......the Kabala dated June 9, 1945 between Prohllad Chandra Sen and the Bank was not an out and out sale but was a mortgage on conditional sale, that the plaintiff's predecessor by the subsequent sale-deed dated August 22, 1953 did not acquire valid title and that the Bank went into liquidation in Ju..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....Respondent. Appeal from Original Order No. 3 of 1973 Judgment Abdur Rahman Chowdhury J. — This appeal arises out of an order passed by the learned Subordinate Judge directing the execution case to proceed in accordance with law. We have heard the learned Counsel for the app......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....ition being petition No. 296/47. He mentioned that on 19th December, 1971, he was kidnapped from his residence by an armed gang. He was mercilessly beaten and tied to to a post inside a room to await execution on the following morning. He passed the night almost in an unconscious condition. On the f......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
.... on the annual value of buildings and land". Item No t3 relates to lighting rate and fire rate'. Item No. 14 relates to "conservancy rate'. Item No. 15 relates to "Rate for the execution of any works of public utility". Item No. 16 relates to "Rate for the provision ......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
....of 1975 Judgment Abdur Rahman Chowdhury J.- This appeal arises out of an order passed by the Subordinate judge allowing an application under section 47 of the Code of Civil Procedure in an execution proceeding. 2. We have heard the learned Counsel for the appellant and perused the im......nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
....ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ......ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ...... order of the Administrator of Waqfs removing the petitioner as one of the Mutawallis of a Waqf estate. 2. Facts necessary for the disposal of the Rule are that the father of the petitioner by a deed of Waqf registered on 14.6.51 created a Waqf. It was provided in the said deed that after his d..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ......duced, adapted or manufactured or where the work of making, altering, repairing, ornamenting, finishing or packing or otherwise treating any Article or substance, with a view to their use, transport, sale, delivery or disposal, is carried on or such other class of establishments including water tran......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... assumed where the discretion vested in top-ranking authorities, like the Commissioner of Income tax and the Central 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 discriminat......by the Government for retirement under Section 9(2) without any discrimination. In Jibendra Kishore's case the acquisition of the interests of rent-receivers was not "piecemeal but wholesale", as was pointed out by the learned Chief Justice. No selection was involved. The interest......ey-General also relied on observations as occur in the same judgment. "We are not unmindful of the fact that a very wide discretionary power has been conferred on the Government and, indeed, the contemplation that such wide powers in the hands of the executive may in some case be misu..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....hellip;……… ................Respondent Judgment November 26, 1980 Result: The appeal is dismissed. Restitution application is not an application for execution of a decree An application for restitution is an independent application, no mat......f the order does not so provide, another order may be made, or a writ called a writ of restitution be issued, commanding the judgment creditor to restore the property or pay over the proceeds or sale". The English law as quoted above provides that the Court while reversing an erroneou......ence was made to execution, clearly indicates the legislative intent to keep restitution completely seperate from execution. In respect of the last point the learned judge observed: "Indeed the old section leads to the contrary view, for while it expressly provided that restitution wo..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ......In the recent settlement operation the suit plot was recorded in the names of Shakti brothers, Shakti Benode and his two brothers while in possession entered into a contract on 11-12-55 for sale of the suit premises in favour of proforma defendant 3 Nasiruddin and a Bainapatra was executed......uted and registered through Court. He obtained delivery of possession through Court on 8-5-66 in presence of the defendants. Proforma-defendant 3 made a gift of the suit premises by a registered deed of gift on 9-4-70, in favour of the plaintiffs. Proforma-defendant 3 after acquisition of title..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ...... The appeal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such power of attorney empowers a person to execute a deed of sale or any kind of transfer or sale of immovable property that power of attorney requires registrat......ult: The appeal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such power of attorney empowers a person to execute a deed of sale or any kind of transfer or sale of immovable property that power of attorney requires r..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
....hy;tion. The undisputed legal position is that onus is upon the applicant seeking pre-emption to prove the date of knowledge if the applicant comes long after the usual period of limitation following execution and registration of the deed. In the instant case, the petitioner has come with his applic......d counter-foils of cheques on the back of which there were writings signed by Israil Hossain. The learned District Judge has found that these cheques were in instalments, some before the date of sale and some after the date of sale. We have perused the counter-foils Ext. A (3) and A (5) and the......ciate the law involved. Mr. Chowdhury has pointed out that in coming to this conclusion the Courts below have mainly relied on the recitals of the document itself and on the evidence of the deed-writer who was examined as P.W.2, The Courts below have only referred to the evidence of the de..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....the summons of the above mentioned suit, there is every possibility that the defendant No. 1, shall dispose of all his movable and immovable properties with intent to obstruct and delay the execution of the decree in the above-mentioned suit, if and when, be passed against the defenda......se of Paia and Co. S.P.A. Vs.Thurmarnn Neilson. (1) He has specifically relied upon the following passage occurring in the judgment of Lord Justice Denning, as his Lordship then was: "The e sale of goods across the world is now usually arranged by means of confirmed credits. The buyer......of Credit." We have also considered the relevant provisions of Negotiable Instruments Act in this connection. On consideration of these authorities it appears that the state of promise is indeed the starting point of international commercial transactions. Initially the property in a l..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......he added defendant Nos. 3-5 are bona fide purchasers for value without notice and that the added defendant Nos. 3-5 have made improvements of the disputed household property at huge several sale deeds in pursuance to two promissory notes dated 15-8-72 and 30-9-72 and a deed of agreement da......ed written statements in the in suit. Defendant No. 1 in his written statement and the added defendant Nos.3-5 in their joint written statement have stated that the defendant No.1 did not execute the deed of agreement in suit and did not agree to sell the disputed household property to the plaintiff..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)
....ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ong Zone under Section 66 of the Income Tax Act for the decision of this Court on the question whether an amount received on account of the termination of a contract for sole distributorship for sale of gramophone records from the Gramophone Company concerned can be said to be an income fo......ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ..Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2
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