Search Options
Judgment Advanced Search
Displaying 821-840 of 3391 results.
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
.... The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitioner in person. MA Manna, Advocate— For the Respondent No.3. Syed Ishtiaq Ahmed and Khondker Mahbub Uddin Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. ......and at the Bench we have found that this period of two years spent by a young lawyer in the Subordinate Courts to make himself eligible for practice before this Division, does not equip him properly, and adequately to practice as an advocate of this Division. Admittedly, the prac..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....-It was incumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; ......ed as mistake or error on the face of the record. The High Court Division considered that that the court had discretionary power to vary the terms of the contract and pass a decree as deemed just and proper in the facts and circumstances of the case, particularly, as in this case. The High Court Div..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
.... Reported in: 34 DLR (HCD) (1982) 255 ......fendant No.1 contested the suit by filing a written statement controverting all the material allegations made in the plaint asserting, inter alia, that the sale deed in his favor was duty executed on proper consideration. The trial court dismissed the plaintiff's suit. On appeal, the lower appel..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
.... Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali, Advocates— For the Appellant. Mashuque Hossain Ahmed, Advocate— ......Ahmed points out that, this Ext. 9/1 contains a seal of the Police Court, Kushtia dated 21-8-72; which means that the seizure list (Ext. 971) was not only duly prepared but also duly submitted to the proper authority, but the seizure list Ext. 9 which was allegedly prepared by P.W.13 on 16-8-72 was ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....Vs. Bangladesh & Others………………………….Respondent And Mrs. Mamata Ahmed on Behalf of Capt. A. Z. Ghyasuddin Ahmed and Ors……..Appellants Vs. Bangladesh & Others……&hell......t Jurisdiction of the High Court Division under Article 102(5) what is needed here is not so much as the reinterpretation on the Article already made, but to put the construction so given in its proper context. 3. A reading of the Constitution shows, that Bangladesh Constitution envisages ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
....t, Dacca & another…….Respondents (In Writ Petition Nos.6-8 of 1980).
Md. Abdullah.............................Petitioner
Vs.
Chairman, Second Labour Court, Dacca and other………Respondents (In Writ Petition No.285 of 1980).
Judgment
A....... The petitioners contested the said applications before the Labour Court and filed a written statement contending inter alia that the petitioners had been dismissed lawfully after holding a fair and proper enquiry into allegations against them and that there had been no violation of the principles ..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
Bengal Water Ways Ltd & Another
....ormula of the principle of 'just or equitable' clause— Whether or not there are equitable considerations for the application of the Principle must necessarily depend upon the facts and circumstances of each case and the judicial discretion of the court. The allegation made by resp......e cost of the company as well as respondent No. 1. It was, further alleged that profit and loss account of the company was neither audited nor submitted to the Board of Directors, that all assets and properties of the company were mortgaged to respondent No. 2, Bangladesh Shilpa Rin sangstha, succes..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....others.......Respondents Judgment June 30, 1981. Result: The Appeal is dismissed In ascertaining the Period of Time the General Expression is to be Ignored when the Beginning and the End of the Questioned Period of Time is clearly Specified and Dated— The relevant......ith the clearly spelt out period of time i.e. between the 1st Aswin 1370 B.S. to 30th Kartick 1374 B.S. The apparent conflict gets easily resolved when the two expressions as to time are construed in proper perspective. Here in ascertaining the period of time the general expression is to be ignored ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
....;
......e that those beneficial sections incorporated in the Penal Code which appear to have almost gone into oblivion, should be invoked and applied in appropriate cases. We have no doubt in our mind that a proper and judicious application of those penal clauses would have some deterrent and beneficial imp..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....y;dent was never selected by the Selection Board, but somehow by mistake the appointment letter was issued. In the absence of selection by the Board the appointment was invalid. Between the interview and the date when he got the appointment letter there is hardly anything to show that he was se......ent was given and acted upon the appointing authority could not exercise the inherent Power at will. It appears that the learned Judges of the High Court Division have not seen the case from the proper perspective, namely, that the stand of the Government is that the respondent was never s..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chowdhury Vs. Province of East Pakistan, PLD 1957 SC 9;Kunnothat Thathunni MoopilNair Vs. State of Kerala, AIR 1961 SC 552; East and West Steamship Vs. Pakistan, PLD 1958 SC 41;Matajoy Dobey Vs. H.C. Mare, AIR 1956 SC 44; Padfiel......e section aforesaid, I like to adhere to the well established self-set rule which says, the Court will not declare a law unconstitutional, if the case in which the question is raised can be properly disposed of in some other way. I, therefore, refrain from striking down the section as..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....he recovery of the fruit of a decree passed earlier but subsequently reversed. Application for restitution is an application for which no limitation has been specifically provided for in the law and as such it attracts the residuary provision of Art. 181. A restitution application is not an app......f the first appellate Court and restitution takes place during pendency of second appeal, the restitution may be set at naught by the reversal of the decree in the second appeal and possession of the property will change hands once again……. (14, 15 & 17) Case Referred to- ..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 Court Suit Respondents filed S.C.C. suit for eviction of appellants from suit premises claiming title to the premises on the basis of a decree for specific performance passed against the landlords of the appellants. Appellants challenged the title of respondents contending that the ......pon, the plaintiffs filed the ejectment suit against them. 3. Defendants 1 and 2 contested the suit, contending that the suit premises belonged to Gurudas Singha. On his death the suit 'property devolved upon his widow Snehalata and his three sons. Plaintiff 4 Akmal Hossain's fathe..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
....
Ruhul Islam J
Badrul Harder Chowdhury J
Mansurul Aziz & Another………………………Appellants
Vs.
Secretary, Ministry Of Land Administration And Land
Reforms & Others……………&hellip......p;……Respondents
Judgment
November 6, 1980.
Result:
The appeal is allowed.
(Emergency) Requisition of Property Act (XIII of 1948), Section 3
Requisition of property-Section 3 provides the authority to the Deputy Commissioner to requisition certain immovabl..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
....p;……….Opposite Parties Judgment August 26, 1980 Result: The Rule is made absolute Case Referred to- Hakim Moulvi Md. Mahbub Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; Zinda Ram Lai Vs. Ramrup Das and others. AIR 1935 Pat 231; Promode Kuma......n is benami or not. On the authority of the decision of the Privy Council in Hakim Moulavi Md. Mahbub Ali Khan Vs. Bharat Indu and others (1) we may safely observe and hold that the system of putting property benami is so extremely common in Indian Subcontinent that the mere fact of a deed bein..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
.... Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: Faqueer Shahabuddin Ahmed with Moazzammel Huq Bhuiyan, Rabia Bhuiyan and Shah Abu Nayeem, Advocates-For the petitioner. S.R. Pal with Anil Chandra Sarker and S.R. K......, from this learned Court. 3. That on receipt of 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-ment..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....Kemaluddin Hossain CJ Ruhul Islam J Shahabuddin Ahmed J Hajee Md. Ahsanullah...................Appellant Vs. Arafatunnessa Bibi, being dead her heirs, Ali Ahmed and others...............Respondents Judgment July 8, 1980. Result: The appe......will be of such a nature as to make it a void decree or a nullity. The distinction between void and voidable decree is to be borne in mind. If the decree is voidable then unless it is avoided by a proper procedure, the decree stands, and is to be executed. In this regard, wrong exercise of juris..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....t: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Nemai Kumar ……………….................................Appellant Vs. Ramesh Chandra Dutta and others...................Respondents Judgment June 30, 1980. Result:......ide on proof of nucleus of joint family and acquisition during jointness of the family. In a case where the question is between two or more brothers of a Hindu-family living jointly having joint property, the initial onus is on the person who alleges jointness to show that there a joint family ..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
.... also Reported in: 1 BLD (AD) (1981) 1 ......Pal who appears for the Appellant M/S. Dulichand Omraolal, facts in brief may be narrated. The Appellant, a partnership firm, challenged the orders and directions declaring its business and properties as enemy property, and prayed for the surrender of its management and control to the..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....In C.A. 169 of 1979.)
M. Nurullah, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For appellant (In C.A. 65 of 1980.)
Syed Ishtiaq Ahmed, Senior Advocate, with K.Z. Alam and Khalilur Rahman, Advocates, instructed by M.R. Khan, Advocate-on-Record-For respondents 1 & ......government under Section 4 of this Order leads to government control over the management and direction of its affairs. Other relevant provisions which went to establish such control over an abandoned property may be seen in Sections 5, 6, 8, 9, 13 and 21 of the Order.
17. Still the question rem..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
93429651955993469721954996509546954493309331932993289280918991921280114212859279