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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. ......andkar, Senior Advocate (K.M. Hasan, Advocate with him) instructed by Aminul Huq, Ad­vocate-on-Record—For the Respondents Nos. 1- 6. Ex-Parte.—Respondent No. 1. Civil Appeal No. 78 of 1977 (On appeal from the judgment and order dated 15.4.76 passed by the Hi..

Category: Property Law | Date: | Hits: 47

Bangladesh Freedom Fighters Welfare Tr­ust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)

....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......vocate, Faruque Ah­med, Advocate with him instructed by B.C. Panday, Advocate-on-Record.—For the Appellant. Kazi Shahadat Hossain, Advocate.—For the Respondent. Civil Appeal No. 27 of 1979. (From the Judgment and order dated the 20th January,1978 passed by t..

Category: Employment/Service Law | Date: | Hits: 112

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. ...... 1980. Lawyers Involved : Amirul Islam, Advocate, instructed by Md, Aftab Hossain, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No. 20 of 1980. (From the Judgment and Order dated 30.4.79 passed by the High Court ..

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. ......ain, Advocate-on-Record—For the Appellants. Rafiqur Rahman, Senior Advocate instructed by Ghazi Abdul Mannan, Ad­vocate-on-Record—For Respondent Nos. 1 & 2. Civil Appeal No. 114 of 1980 (From the judgment and order dated April 10, 1980 passed by the High..

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. ......parte—Respondent Nos. 2 to 18 (in C.A. 144/78), Ex-parte—Respondent Nos. 2 to 19 (in C.A. 145/78), Ex-parte—Respondent Nos. 2 to 14 (in C.A. 146/78). Civil Appeal No. 122 of 1977. (From the judgment and order dated 27-8-75 passed by the High Court..

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. ......lip;.Appellants Vs. Abdul Hakim Miazi being dead his heirs Mobaarak Hossain Miazi and others……… Respondents Judgment July 13, 1978. Result: The Appeal is allowed and the petition for pre-emption is dismissed. The Bengal Tenancy Act (VIII o..

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. ......S.M. Huq, Advocate-on- Record.—For the Respondent No. 1. A. Baset Mujumder, Advocate-on-Record.— For the Respondent No. 1. Ex-parte.—Respondent No. 3. Civil Appeal No. 71 of 1980. From the Judgment and order dated the 24th August, 1978 passed by th..

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. ......ellants. S. M. Nurul Huq, Advocate, instructed by S.M. Huq, Advocate-on-Record.—For the Res­pondent Nos. 2 & 3. Ex-parte.—Respondent Nos. 1 & 4. Civil Appeal No. 99 of 1980. (From the judgment and order dated 28.11.79 passed by the High Court..

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. ......-Record.—For the Appellant. M.H. Khondker, Senior Advocate A.K.M. Shafiqur Rahman with him instructed by Md. Aftab Hossain, Advocate-an-Record,—For the Respondent. Civil Appeal No. 48 of 1979. (From the judgment and order dated 25-5-78 passed by the High Court ..

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. ......ash;For the Respondents Nos. 1-11, 13-15 & 18-22. Ex-Parte. —Respondents Nos. 12, 16 &   17. M.H. Khondker, Senior Advocate. —Amicus Curias. Civil Appeal No. 90 of 1980. (From the Judgment and order dated the 31.7.79 passed by the High Co..

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: ......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 by the re..

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. ......n, 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. (From the judgment and order dated March 24, 1977 passed by the High..

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. ......g……..(8) Lawyers Involved: Md. Abdul Rouf, Advocate, instructed by M. R. Khan, Advocate-on-Record-For the Ap­pellant. B.C. Panday, Advocate-on-Record—For the Respondents. Civil Appeal No. 97 of 1980. (From the Judgment and Order dated 31.1.79 passed by the High Court Divis..

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. ......ocate-on-Record.—For the Appellant K.A.Bakr, Attorney-General and A.K. Bhuiyan, Deputy Attorney-General with him, instructed by B. Hossain, Advocate-on-Record. —For the Respondents. Civil Appeal No. 122 of 1980. (From the Judgment and Order dated 29-7-1980 passed by the High Court Di..

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: ......Ahmed, Senior Advocate, with K. Z. Alam, and Khalilur Rahman, Advocates, instructed by M, R. Khan, Advocate-on-Record—For the Respondents 1 & 2. Not represented—Respondent Nos. 3 & 4. Civil Appeal Nos. 169 of 1979 & 65 of 1980. (From the Judgment and Orders dated 19-7-79 and 8-1-1980 p..

Category: Employment/Service Law | Date: | Hits: 104

Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)

.... any law­ful authority. Ed.                           ......For the Respondent Nos. 1 & 2. S. R, Pal, Senior Advocate, with S. C. Das, Advocate, Instructed by A. Rab-II, Advocate-on- Record.—For the Respondent Nos. 3 & 4. Civil Appeal No 36 of 1979 (From the Judgment and order dated 23.2.79 passed by the High Court Di..

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. ......r the Appellants. Md. Moksudor Rahman, Deputy Attorney-General, instructed by A W. Mian, Advocate-on- Record.—For the Respondents 1 & 9. Ex-prate.-Respondents 2-8. Civil Appeal No.67 of 1980 Judgment: Kemaluddin Hossain CJ.- The question Involved in this appeal..

Category: Property Law | Date: | Hits: 39

Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)

....sary to restate the same. 38. The occurrence took place on 18.4.78 and the First Information Report was lodged on 20.4.78. Police submitted charge-sheet on 6.5.78, in the Court of Magistrate, 1st Class. Thereafter on 20.5.78 in pursuance of a notification by the Chief Martial Law Administrator, ......ocate-on-Record—For the Appellant. KA Bakr, Attorney-General (AW Bhuiyan, Assistant Attorney General with him) instructed by B. Hossaion, Advocate-on-Record.—For the Respondents. Criminal Appeal No. 2 of 1980. (From the Judgment and Order dated 13.6.1979 passed by the High Court Divi..

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. ......torney General, instructed by M. R. Khan, Advocate-on- Record—For the Appellants. S. K. Pal, Senior Advocate, instructed by Md. Aflab Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 96 of 1978. (From the Judgment and Order dated 6-12-77 passed by the High Court Divis..

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. ...... the Appellant. (In Cr. A. 23/1979) K.A. Bakr, Attorney-General, A.W. Bhuiyan, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Record--For the Res­pondent. (In both the Appeals). Syed Ishtiaq Ahmed, Senior Advocate—Amicus curiae. Criminal Appeal No..

Category: Criminal Law | Date: | Hits: 62