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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 ......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 ......ating of a Kabala to show that it was executed earlier to defraud the holder of the earlier Kabala amounts to forgery. Lawyers Involved: M. Golam Rabbani, Advocate, instructed by B.C. Panday, Advocate-on-Record— For the Appellant Fazlul Karim, Sr. Advocate, instructed by&nb.......C. Panday, Advocate-on-Record— For the Appellant Fazlul Karim, Sr. Advocate, instructed by Aftab Hossain, Advocate-on-Record, for respondents 1-4, B. Hossain, Assistant Attorney General, instructed by Zinnur Ahmed, Advocate-on-Record—For respondent 5 Cr. ..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Bengal Water Ways Ltd & Another
....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 ......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......y's bussiness and since then Rahimuddin Ahmed had been acting as Chairman and Zahiruddin Ahmed as Manging Director of the Company. 7. Further case if respondent No. 1 is that the last Annual General Meeting of the Company was held in December, 1969 and since then no General Meeting of the C..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)
....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 ......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......otahar Ali Miah being dead, his heirs, Faruk Mia & 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 ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
....to have had very little effect. We must remind all concerned once again that law is supreme in the country which must be obeyed and respected. We have had the benefit of the assistance of the learned Deputy Attorney General (Civil) and the learned Deputy Attorney General (Criminal), both of whom hav......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
......;
......ed 27.9.80 directed the Collector of Customs, Chittagong to escort the attached trawlers to the Fish Harbour of the Bangladesh Fisheries Development Corporation at Chittagong and further directed the General Manager of the Fish Harbour to keep the trawlers in his custody till security is furnished. ..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....nce with the procedure laid down under the Code of Criminal Procedure……(5) Lawyers Involved: M. A. Rashid for B. B. Roy Chowdhury—For the Appellant. Mazzem Hossain, Deputy Attorney General—At the request of the Court. A.Y. Salimuzzaman, Assistant Attorne......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 ......s dismissed Code of Criminal Procedure (V of 1898); Section 386 Army Act (XXXIX of 1952); Section 142 Sentence of Fine Imposed by Summary Military Court - Whether Such Fine is a Decree and Can be Executed through Civil Court— In relation to the provision of Army Act which h......cedure laid down under the Code of Criminal Procedure……(5) Lawyers Involved: M. A. Rashid for B. B. Roy Chowdhury—For the Appellant. Mazzem Hossain, Deputy Attorney General—At the request of the Court. A.Y. Salimuzzaman, Assistant Attorney General—..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)
....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 ......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......'s Order No. 67. Boths the points merit consideration. In paragraph 36 of the writ petition it is stated: “That the petitioner has waited in vain all this time, particularly, since the General Clemency was announced on 30th November, 1973 and having regard also to the Prime Minister&#..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 ......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......nsideration in the previous judgments, Bengal Municipal Act 1932 was repealed by the Municipal Administration Ordinance 1960, Bengal Municipal Act, 1932 was promulgated by the Governor General. That Act made applicable to all Municipal Committees in Bengal except Calcutta for which Ca..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
....r prosecuting two police officers, one Sub-Inspector and another Assistant Sub-Inspector, of the Province of Bihar was involved. It was held that as the police officers could be dismissed by the Deputy Inspector General of police and as they were not the kind of public servants to which section......, 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......their official duty. 10. The learned Advocate for the petitioners has taken us through regulation 858 of the Police Regulations of 1943 and it appears from the said regulation that the Inspector General of Police may dismiss or remove any police officer of or below the rank of Inspector. The le..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....ossain, Sr. Advocates, with Khalilur Rahman, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record— For the Appellant K.A. Bakr, Attorney General, with A.W. Bhuiyan, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record— For the Respondent......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......owdhury & Asrarul Hossain, Sr. Advocates, with Khalilur Rahman, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record— For the Appellant K.A. Bakr, Attorney General, with A.W. Bhuiyan, Deputy Attorney General, instructed by B. Hossain, Advocate-on..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)
....ground of bona fide mistake. Mistake pre-supposes non-application of mind and in such case no right accrued to the respondent.........(6 & 7) Lawyers Involved: Abdul Wadud Bhuiyan, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Md. R......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. ......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......ide mistake. Mistake pre-supposes non-application of mind and in such case no right accrued to the respondent.........(6 & 7) Lawyers Involved: Abdul Wadud Bhuiyan, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Md. Roushan Ali, Advo..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)
.... 11. The appellant also challenged the maintainability of the Writ Petition contending that it was not maintainable inasmuch as Urban Immovable Property Tax Rules, 1957 provides for appeal before the Deputy Director of Taxation, against the Order of assessment made by the Taxation Officer and withou......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......ction is without jurisdiction, the question of availing statutory alternative remedy does not arise…………. (25) Lawyers Involved: Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant Attorney General, instructed by B. Hossain, Advocat..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)
....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 ...... 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......in Khandker, Advocate, instructed by S.M. Huq, Advocate-on-Record— For the Appellants Faruque Ahmed, Advocate-on-Record—For Respondent No. 2 K.A. Bakr, Attorney General— appeared as Amicus Curiae C.A. 7 of 1980 from W.P. of 1978 Judgement: ..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... Lawyers Involved: MS Dilichand Omraolal Vs. Bangladesh, 1981 BLD (AD). B.N. Chowdhury, Advocate, instructed by A. Rab II, Advocate-on-Record-For the Appellants Md. Moksudur Rahman, Deputy Attorney General, instructed by A.W.Mian, Advocate-on-Record-For respondents. C- A- 67 o......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......………………………Respondents Judgment January 8, 1981 Result: The appeal is allowed. Case Referred to- M/s. Dulichand Omraolal Vs. Bangladesh 1981 BLD (AD) 1. Lawyers Involved: MS Dilichand Omraolal......lved: MS Dilichand Omraolal Vs. Bangladesh, 1981 BLD (AD). B.N. Chowdhury, Advocate, instructed by A. Rab II, Advocate-on-Record-For the Appellants Md. Moksudur Rahman, Deputy Attorney General, instructed by A.W.Mian, Advocate-on-Record-For respondents. C- A- 67 of 1980 from F. A..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... Lawyers Involved: Islam, Zamiruddin Ahmed and K Z. Alam, Advocates, instructed by Md. Sajjadul Huq. Advocate-on-Record-For the appellant. K.A. Bakr, Attorney General, with A.W. Bhuiyan, Deputy Attorney General, Instructed by B. Hossain, Advocate-on-Record-For the Respondents. Civi......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......of U.P., AIR 1965 SC 1967. Lawyers Involved: Islam, Zamiruddin Ahmed and K Z. Alam, Advocates, instructed by Md. Sajjadul Huq. Advocate-on-Record-For the appellant. K.A. Bakr, Attorney General, with A.W. Bhuiyan, Deputy Attorney General, Instructed by B. Hossain, Advocate-on-Record-Fo..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ......preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ......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......preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
....he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......;…………………………………………………….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, 1980. Result: ......acquittal into conviction, the Government exercised jurisdiction which was not vested in it and the impugned order of conviction is void. Lawyers Involved: Abdus Sobhan, Additional Attorney-General, with Matiur Rahman, Assistant Attorney-General, instructed by MR Khan, Advocate-on-Record-F..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....ch of Agrani Bank without any authority, about which the petitioner has also referred to a resolution passed by the previous Management Board for the Factory in question under the Chairmanship of the Deputy Commissioner of Rajshahi wherein the petitioner was authorised to open such Bank Account. The......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. ......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......disciplinary action against any delinquent employees., such authority can be arrogated to the appointing authority by way of 'his right to dismiss such employees under Section 16 of the General Clauses Act. So for as the right of a statutory authority to dispense with the service ..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....ber 18, 1980 Result: The Rule is discharged. Lawyers Involved: Abdul Malek, Advocate-For the petitioner. S.K. Sinha, Advocate-For opposite party No. 2. Moazzem Hossain, Deputy Attorney General-For the State. Criminal Revision No.64 of 1980 Judgment Md. A......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......-1-80 passed by the learned Additional Sessions Judge, Sylhet in Crl. Motion No. 9/111/79 setting aside an order of a Magistrate, 1st Class of Sunamganj passed on 29-6-79 in C.R. Case No. 769 of 1976 and directing him to send the case to the Court of Session for trial. 2. On a First Information...... Result: The Rule is discharged. Lawyers Involved: Abdul Malek, Advocate-For the petitioner. S.K. Sinha, Advocate-For opposite party No. 2. Moazzem Hossain, Deputy Attorney General-For the State. Criminal Revision No.64 of 1980 Judgment Md. Altaf Hossain J.&..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
....
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 immovable property for a public purpose. Providing accomm......ic purpose. But to justify such an order a case is to be made out that alternative accommodation is not available, and it is essentially required for providing accommodation to the office of the Comptroller and Auditor General of Bangladesh.
The order of requisition should contain the desc......
Ruhul Islam J
Badrul Harder Chowdhury J
Mansurul Aziz & Another………………………Appellants
Vs.
Secretary, Ministry Of Land Administration And Land
Reforms & Others……………&hellip......fy such an order a case is to be made out that alternative accommodation is not available, and it is essentially required for providing accommodation to the office of the Comptroller and Auditor General of Bangladesh.
The order of requisition should contain the description of the governmen..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
.... W. P. 43 of 1978 Judgment 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...... 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......rs Involved: Md. Nurul Huq with A.B.M. Kairul Huq, Advocates-For the petitioners. S.R. Pal with Aminul Huq, Advocates-For additional Respondents. Syed J.R. Mudassir, Assistant Attorney General-For Respondent No. 2. W. P. 43 of 1978 Judgment Syed Muhammad Hussain J. - T..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
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