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Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
.... Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Line Ltd., 28 DLR 231; Unimarine S.A. Panama Vs. Bangladesh, 31 DLR(AD) 112; Haji Mohammudin & Company Vs. The Eastern Japan Trading Company (1924) Vol. 79 Indian Cases 242; Civil Appeals No.28 and 2....... In the present case, admittedly, the defendant No. 1 has got no other property in Bangladesh. If the suit be decreed, and if the vessel in question leaves the port of Chittagong at the present stage, then the object of the money suit may be frustrated. Considering these circumstances I t......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....District Judge, Chittagong passed in Miscellaneous Case No. 333 of 1979 refusing the prayer of the defendant-petitioner to transfer Other Suit No. 183 of 1977 in the 1st. Court of Munsif, Satkania to any other court of competent jurisdiction at Chittagong under section 24 of the Civil Proc......that section 24 C.P.C. confers the High Court Division and District Judge concurrently a very wide discretion to transfer. Withdraw and retransfer suits, appeals of other proceedings at any stage on the application of a party and after notice to the parties and after hearing such of them a......fter hearing such of them as desire to be heard, or of its own motion without such notice, the (High Court Division) or the District Court may at any time. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to t..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... Judgment Mustafa Kamal J. - This application under section 166 of the Companies Act preferred by the petitioner Motiur Rahman seeks the dissolution of May Industries Ltd., a private limited Company incorporated under the Companies Act, 1913. 2. The petitioner's case is that the nomi&s...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ...... Under section 83(2) of the Companies Act there is a presumption attached to this document, until the contrary is 'proved’. The petitioner has not ‘proved' that the minutes of the proceeding of the extra-ordinary generals meeting of the company held on 31.12.78 are not correct. T..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....tiff from his service as Head master. On 30.7.76 another meeting was held which adopted the resolution of the previous meeting and was confirmed. The plaintiff was not allowed to speak anything and only after removal of the plaintiff from the service he was directed to show cause with......uit is maintainable in the present form" where it was not argued that the suit is not maintainable being hit by section 42 of the Specific Relief Act. Whether this objection can be taken at this stage before this Court on Revision would be explained at the appropriate stage. Going back to ......the Specific Relief, Act being only a declaratory suit without any consequential relief. This was the initial illegally caused by the Courts in violation of statutory provision of law making the proceeding coram non-judice and thus revisable by this Court in its Revisional jurisdiction. 7...Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....rned Sessions Judge it appears that he has considered the recommendation made by Public prosecutor for the extension of time and thereafter he extended time. In this view of the matter we do not find any substance in this contention of the learned Advocate for the petitioners. 8. In the result ......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ......ime. In this view of the matter we do not find any substance in this contention of the learned Advocate for the petitioners. 8. In the result the Rule is discharged. The order of stay of further proceeding of G.R. Case No.1046 of 1933 pending before the Upazilla Magistrate Daulatpur, Khulna is ..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....e year from the date of execution of the agreement on receipt of the balance amount of Tata 47,000/- from the plaintiff (In the agreement Ext. 2 none of the aforesaid dates 26.7.77 and 16.7.77 appear anywhere. The only date that is written at the bottom of the first page of the two page agreement Ex...... parties in the appeal. Since we are not dismissing the plaintiff's suit on the ground of defect of parties, it is not necessary for us to allow the application for adding them as parties at this stage. In the result, the appeal succeeds, The judgment and decree passed by the trial court ar......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....esh enquiry as per his order dated 18.3.78. In this connection we may refer to the provisions of section 436 of the Code of Criminal procedure which is as follows:— "436. On examining any record under section 435 or otherwise, the High Court or the Sessions Judge may direct the Distr......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ...... three witnesses were examined on 1.7.74 and time was allowed for examination of further witnesses but on 4.11.74 the complainant filed a petition stating that he was not willing to continue the proceedings as the witnesses were not willing to depose in the case. As such the learned Magistrate ..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....ree Shambhu Prasad Biswas, opposite party No.6 Sree Ranjit Kumar Chowdhury and opposite party No. 8 Sree Nripati Bhusan Das Gupta is in fact a benami transaction and was created by plaintiffs without any consideration whatsoever. In the said suit i.e. Other Suit No. 37 of 1982 the pre-emptor petitio......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ......o preempt, that in the facts and circumstances of the case the petitioners are vitally interested in the result of the suit and that for the ends of justice in order to avoid multiplicity of judicial proceedings, the pre-emptor petitioners should be added as defendants in the suit with a view to giv..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
.... Ali and Fakir Mohammad which facts have been concurrently found by the Courts below and are undisputed by the defendant appellant. The property was not transferred for the benefit of the Wakf or for any other legal necessity of the Wakf. It is evident that the vendors Mutawallis went beyond the sco......ction of the Commissioner". Some exceptions are provided in sub-sections (2), (3) and (4) of the said section in which case no permission is necessary. This point was not raised at any stage of the suit or appeals, There is no mention of this point in the pleading of either party nor ......948/43 of 1950 and ever since they are in possession. It is argued that the plaintiffs continued in possession on the basis of orders obtained by the plaintiffs from the Court staying defendant's proceedings for restitution under section 144 of the Civil Procedure Code. The learned Advocate for ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
....ays from 21.08.1982. According to the learned Assistant Attorney General the transitory provisions as contained in section 35 of Ordinance XXIV of 1982 shall apply to cases which were pending in any Court for disposal by trial immediately before the commencement of the Ordinance and t......dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......Revision No. 140 of 1983. Judgment Sultan Hossain Khan J.—These two rules have arisen out of an order passed by the learned Additional Sessions Judge, 2nd Court, Comilla, treating the proceeding of Sessions Case No. 369/1982 as stopped and releasing the accused persons under section ..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....tion was committed by the accused in connection with the struggle for national liberation. The mere fact that the Government have stated that the accused are freedom fighters does not ipso facto give any indemnity for committing any offence against innocent citizens. P.O. 16/73 has no manner of appl......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ......State. Criminal Revision No. 83 of 1981. Judgment Mohammad Habibur Rahman J. - This Rule was issued on 23-2-81 upon the Deputy Commissioner, Chittagong asking him to show cause why the proceeding in Sessions Trial Case No. 569 of 1979 pending in the 1st Court of Additional Sessions Ju..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....and Mr. M.G. Kibria (P.W.1) on behalf of the plaintiff. Ext. 2 is the receipt for Taka 33.000/- granted by Imperial Chemical Industries (Pakistan) Limited. Under terms of the sale the predecessor company of the appellant defendant was required to obtain an Income Tax clearance certificate and fulfil...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ...... provision of Article 4 of President's Order No. 12 of 1972 the period between 1.3.71 to 1.3.72 (both days inclusive) shall be excluded computing the period of limitation prescribed for any legal proceeding. If this period is excluded, the suit is well within time even from the date of contract ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
....a suit before a Munsif praying for a declaration that such order of an ad-hoc appointment of an Assistant Professor in the Law Faculty of Rajshahi University was passed by the Vice-Chancellor without any lawful authority and consequently prayed for perpetual injunction permanently restraining t...... highest officer of the University with regard to an official act of the University has to be established before the trial Court while disposing the suit on merit by the Court concerned. At this stage it is to be further observed that a suit for declaration was instituted by the Dean of La...... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....d. Vs. Fry and others (1946) 2 All E.R. 106; Transatlantic Life Assurance Co. Ltd. (1979) 3 All E.R. 352; AIR Manual Third Edition, Vol, II pp 157-158; Grindtzys. Bank Limited Vs. Mtirree Brewery Company Ltd and another, PLD 1954 Lahore 745. Lawyers Involved: Syed Ishtiaq Ahmed with Rafiqu......r to themselves and thereafter regretting their non-acceptance the Board of Directors permitted Taiwa to transfer their shares in favour of Sigma International Inc. But it cannot be said at this stage with even a prima facie assurance that what the Board of Directors did was illegal or unwarran......he question of transfer of shares from Taiwa to Sigma International Inc was mooted first in the 15th annual general meeting of the company (held on 25.6.79. The relevant portion of the proceedings of the said meeting (An-nexure 3) is as follows :— "7. With the permissi..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....…..(14) State Acquisition and Tenancy Act, (XXVIII 1951); section 90 Code of Civil Procedure (V of 1908); Or. 14 rule 1, Or.8, rules 3, 4 & 5. Evasive denial— Whether any issue is raised by such denial— The doctrine of non-traverse which means that where a......tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......therwise than by such admission." 18. Section 141 C.P.C. provides that the procedure provided in the C.P.C. in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of Civil jurisdiction. The above quoted provisions of Orders 8 and 14 there..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....and the accused pleads not guilty to the charge and claims to be tried, the Sessions Court shall fix a date for the examination of witnesses, and may, on the application of the prosecution issue any process for compelling the attendance of any witness or the production of any document or other ......rcise similar powers in a case triable by the Sessions Court. Section 249 Cr. P. C. also empowers certain Magistrates to stop the proceedings of a case instituted otherwise than upon complaint at any stage without pronouncing any judgment either of acquittal or conviction, and thereupon to release t...... fully appreciate when and under what circumstances an order of acquittal can be passed. 4. If, before framing the charge the Sessions Court considers that there is no sufficient ground for proceeding against the accused, then it shall discharge the accused and record the reasons for so do..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)
..... No. 37 of 1972 the afore-quoted Article 23 became Article 23(1) and the following new clauses were added: “(2) No. provision of law relating to the winding up of companies shall apply to any scheduled industrial enterprise and such industrial enterprise shall not be wound up sake by ord...... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54. ......ng up of companies shall apply to any scheduled industrial enterprise and such industrial enterprise shall not be wound up sake by order of the Government and in such manner as it may direct. (3) All proceedings for the winding up of any scheduled industrial enterprise which immediately before the c..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....s of the original document under the provisions of section 57(5) of the Registration Act…..(9) Under section 33 of the Evidence Act, evidence given by a witness before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judi......ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......;..(9) Under section 33 of the Evidence Act, evidence given by a witness before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judicial proceeding the truth of facts which it states, when the witness is dead or cannot be found or is inc..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
....nstant case also. 6. Mr. M.S.M. Nasirul Islam the learned Advocate for the petitioners next submits that sub-section (3) of section 339C of the Ordinance XXIV of 1982 speaks of a case pending in any court for hearing. According to him as soon as the charge-sheet was submitted and the case ...... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100. ......In this view of the matter we do not find any substance in any of the contention of the learned Advocate for the petitioners. In the result, the Rule is discharged. The order of stay for further proceeding of Sessions Case No.508 of 1982 is vacated. The Sessions Case No.508 of 1982 is now ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....wn finding as to the genuineness of the case. As in the present case charge-sheet has been submitted holding that a prima facie case has been made out against the accused persons, we do not find any reason to quash the proceeding. As regards the submission of the learned Advocate for the p......mentioned in the schedule of the Special Powers Act which are to be tried under the Special Powers Act. We find as no charge that yet been framed by the Court that question can not be decided at this stage. It is true if the Sessions Judge has not been empowered to try cases which falls under Specia...... Criminal Revision No. 30 of 1983. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Khulna and the Opposite Party to show cause why the proceedings of Sessions Case No.119 of 1982 pending before the learned Additional Sessions Judge Cou..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
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