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Bengal Water Ways Ltd & Another

....ght to vote. The said three brothers held equal number of 'A' class shares i.e. 2200 shares, whereas their mother Mrs. Zohara Khatun held 6400 'B' class shares. Alauddin Ahmed was the Chairman, Rhimuddin Ahmed was the Managing Director and Zahiruddin Ahmed was the Operating Director ......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......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435     ......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435     ..

Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0

Southern Fisheries Ranong Corporation and others Vs. Kingfisheries Industries Ltd. and others, 1981, 10 CLC (HCD)

....er. Communicate the order to the Court concerned expeditiously. Abdul Matin Khan Chowdhury J.—I agree Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 23   ......; ......er. Communicate the order to the Court concerned expeditiously. Abdul Matin Khan Chowdhury J.—I agree Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 23   ......nd others..........Appellants Vs. Kingfisheries Industries Ltd. and others..............Respondent Judgment  June 17, 1981. Result: The appeal is disposed of. Public Servant Disobeying Court's Order Contempt of Court- Lawyers Involved: Sye..

Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2

Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)

.... filed by the petitioner both orally and in writing and the petitioner was required to answer the allegations brought before the Screening Board. From the minutes of the Board it appears; “Chairman and both the members were present Dr. Syed Sajjad Hossain Ex-Vice Chancellor of the Univers......of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first part deals with collaboration, the second part deals with the of ideology of Pakistan and the third part deals with the support of the elements inimical to the liberation struggle or cre......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)

....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 ......Islam J Badrul Haider Chowdhury J Shahabuddin   Ahmed J Dacca Municipal Corporation………………….Appellant Vs Sonali Bank and Ors…………………………….Resp......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

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ......rojul Huq with Zakir Ahmed, Advocates-For the opposite parties Criminal Revision No. 139 & 140 of 1980 Judgment Md. Altaf Hossain J.- These are two applications under sections 435 and 439 of the Code of Criminal Procedure. 2. The facts of Criminal Revision No.139 of 1980 ari......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ...... 197 Cr. P.C. was necessary for prosecution of the O/C Derai P.S. who is a Sub-inspector of police and the police constables, because firstly the S.I. of police and the constables are not the kind of Public Servants who come within the scope of section 197 Cr. P.C. and secondly the offences alleged ..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1

Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)

....ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467     ......Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memorandum of association--Government has the power to direct a registered trade organisation to alter or......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467     ...... to the National Chambers of Commerce which represent both shippers and shipowners. In this regard the Government followed the International Convention of Simplification of Customs Formalities, 1923. Public notice was issued on September 12, 1959 empowering the Chambers of Commerce and Industry of D..

Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113

Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)

.... (AD) (1981)139.   ......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......without any order as to costs. The order   of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139.   ......without any order as to costs. The order   of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139.   ..

Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1

Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)

....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ......ult: The appeal is dismissed Urban Immovable Property Tax Rules, 1957, Rule 10 Rule 10 gives power to amend or alter the valuation only in cases where assessment is yet to be completed and tax is payable. It does not give power to re-open a closed assessment………&he......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ......10 of the Urban Immovable Property Tax Rules no such time limit has been given. The learned Additional Attorney General has submitted that all the demands under the said Act are recoverable under the Public Demands Recovery Act, for which a period of limitation has been prescribed and in mat view of..

Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0

Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)

....(1981) 462   ...... Vs. Chairman, 2nd Laour Courts & Another……………….Respondent  Judgment January 12, 1981 Result: The appeal is allowed. Terms and conditions of the employees of Dacca Improvement Trust are regulated by Town Improvement Act and......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   ......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)

....ts. 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: 1 BLD (AD) (1981) 140   ......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......ts. 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: 1 BLD (AD) (1981) 140   ......er declared to have been made without lawful authority, and agree with the reasons given by my learned Brother Munim, J. in his well reasoned judgment, yet I do not propose to declare Section 9(2) of Public Servants (Retirement) Act, 1974 (Act XII of 1974.) ultra wires the Constitution as the find&s..

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6

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   ......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 ......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   ......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   ..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1

Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)

....ed Muhammad Hussain J Latifur Rahman J Md. Hazrat Ali……………………………………Petitioner Vs. Chairman, Bagladesh Chemical Industries Corporation & another……..Respondents ......ory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutory public authority given in Art. 152(1) of the Constitution are read and considered toge......ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86.   ......ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86.   ..

Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2

Mansurul Aziz & Another Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others, 1980, 9 CLC (AD)

....e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ...... Ruhul Islam J Badrul Harder Chowdhury J Mansurul Aziz & Another………………………Appellants Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others……………&hellip......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ..

Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2

Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)

....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57   ......, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask fo......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57   ......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57   ..

Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1

Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)

.... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30.    ......udgment Syed Muhammad Hussain J. - This rule arising out of an application under Article 102 of the Constitution is directed against an order passed by the Additional Deputy Commiss­ioner, Land Acqusition, Dacca on 19-7-77 requisitioning the premise at 85 Kakrail, Dacca for the acconmodati...... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30.    ......uant to Funda­mental principles of State Policy laid down in part 11 of the Constitution of Bangladesh. This is perhaps the reason why this school was never formally recognised by the Director of Public Instruction of the Government of Bangladesh up to the time when the impugned order of requisi..

Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7

Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)

....Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60     ...... Musabbir Ali & others…………opposite parties Judgment September 4, 1980 Result: The reference is accepted. Case Referred to- Muhadeo Lal and another Vs. Hossaini Pandy and others ; Upendra Nath Bhattacharjee Vs. Khitish Cha­ndra Bhat......Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60     ......Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60     ..

Category: Criminal Law | Date: 4 Sep, 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     ......ent for the principal does not require registration except that its authentica­tion under the law is necessary …………… (5) Whether Power of attorney executed and authen­ticated by a Magistrate or Notary Public in a foreign country could be acted upon as ......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     ......on except that its authentica­tion under the law is necessary …………… (5) Whether Power of attorney executed and authen­ticated by a Magistrate or Notary Public in a foreign country could be acted upon as a valid document in Bangladesh If a notarial..

Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3

Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)

....anu as O.P.W.6. The learned District Judge has found that Opposite Party No. 1 (the petitioner No. 1 here) was the daughter of an established lawyer and his brother was also an established lawyer and Chairman of Bogra Municipality and that it was difficult to believe that a lady of her status could ......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...... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56       ...... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56       ..

Category: Property Law | Date: 26 Aug, 1980 | Hits: 2

Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)

....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ...... 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......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ..

Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1

Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)

....d under Order 7, rule 11 of the Code of Civil Procedure. 2. Plaintiff-Opposite Party No.1 instituted the aforesaid suit for a decree: (a) declaring that the plaintiff is the legally elected Chairman of No.1, Bangora West Union Parishad on the basis of the Chairman election held on 15.1.84 ......tuted the aforesaid suit for a decree: (a) declaring that the plaintiff is the legally elected Chairman of No.1, Bangora West Union Parishad on the basis of the Chairman election held on 15.1.84 and the defendant No.1 is bound to publish the result in the official Gazette; (b) restraining......Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267   ......Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267   ..

Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1