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....:
"Duty of person in charge of aircrafts, etc.
(1) no person in charge of any aircraft or ship shall bring into Bangladesh from a place outside Bangladesh any person who has not in his possession a valid passport specifically endorsed by a competent authority, whether by way of visa o......d by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On th...... accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
......ial on which it could be said that the passport which Towab was holding at the time of his arrival at Tejgaon Airport is not a valid passport. It is not alleged by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passpor..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
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 ......p;of the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellants. Facts are that accused Amatun Nessa (acquitted since then) inherited 283/4 decimals of land which she sold to the appellant and his cousin by a registered sale-deed dated July 18, 1975 on...... 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 ..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 ......een regarded as just and proper grounds for dissolving a private limited company. 23. In the case of In re : Yenidje Tobacco Company Limited. 1916(2) Ch. 426. this principle was enunciated in England in the case of winding up of a private limited company and the winding up Order of the company ......ss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......t No. 2 might be allowed to enforce the securities as provided in Law and realise its dues against the loan given to the appellant company. 19. Leave was granted to the appellants to examine the question as to whether on the principles of dissolution of a partnership firm, a private limited com..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 ......Judgment M.H. Rahman J. — This appeal by the defendant has arisen out of a suit for specific performance of contract of reconveyance. The plaintiff's case is that he sold the suit land to the defendant for Rs. 3000/- by a registered deed on 13th As win 1370 B. S. on condition of ......preme Court High Court Division (Civil Appellate Jurisdiction) Present: M.H. Rahman J Nazera Begum..................................Appellant Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others.......Respondents Judgment June 30, 1981. ......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 when the beginning and the end of the questioned period of time is clearly specified and dated. As the document was concurrently foun..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ......, 2 BLD (HCD) (1982) 17. ...... contract failed due to circumstances beyond the seller's control--Whether bank liable to encash the guarantee. The bank has agreed to make an unconditional payment on demand without any further question and without reference to the contractor. The words "without any further question and w..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....ion by an order dated April 22, 1975 passed in Second Appeal No. 164 of 1965 set aside the concurrent judgments of the lower appellate court and the trial court in a suit for declaration of title and possession and transferred the case to the Company Judge, that is, the High Court Division on its Or...... section62 "shall not apply" to this case. 2. Appellant filed Title Suit No.11 of 1960 in the 2nd Court of Subordinate Judge, Sylhet against the respondents claiming that the suit land originally belonged to one Prohllad Chandra Sen who, sold it by a registered Kabala dated June ...... Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......jurisdiction to the Company Judge in all matters related to or arising, out of an winding-up proceeding. This order has been challenged in this appeal by special leave by the plaintiff of the suit in question taking two grounds, one being that facts of the case do not attract the jurisdiction of the..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
....ped. In his lengthy affidavit the General Manger, Fish Harbour has tried to take recourse to the plea that although the court had directed the attached trawler to be kept in his custody, the physical possession of the trawler pursuant to the said order, was never made over to him, yet he informed al......he Port and the territorial waters of Bangladesh without obtaining the necessary Customs Clearance as required under the law. Undoubtedly, this is a clear case of flagrant violation of the law of the land by the foreigntrawler in question and the Customs Authorities in their affidavit nowhere disclo......peditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
...... Harbour to keep the trawlers in his custody till security is furnished. The order of the court was duly served upon the Collector of Customs and the General Manager, Fish Harbour and the Trawlers in question were escorted to the Fish Harbour and kept in the custody of the General Manager there.
..
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)
....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 ......eals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......A. 82 of 1980) CA 19 and 82 of 1980 from W.P. 296 of 1974 and 360 of 1973 Judgment K. Hossain CJ. — These two appeals are heard together as they are dependent upon a common question of law, in that, whether Article 5(b) of Government of Bangladesh (Services Scree..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ...... This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......s are completely different and it cannot be said in the context of the present case that the High Court Division in revision cannot interfere with the decision of the Courts below. In this matter the question is whether sufficient cause has been made out by the petitioner in his application under Or..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
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 ......arties that the Government had directed by notification that the levy of Municipal Tax and Urban Immoveable Tax should not exceed overall ceiling of 17% on annual value of the buildings and lands. Controversy arose whether this 17% excludes or includes the rates on account of conserva......ismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......se it envisaged a Constitution of unitary type. Therefore, apart from the Item 75 in 1956 Constitution for passing a law on land and building there was no other law and In 1972 Constitution this question did not arise because there was no legislative list. In the circumstances, there is only on..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
....ituted Title Suit No 284 of 1979 in the First Court of Subordinate Judge, Sylhet, for permanent injunction and obtained an ad-interim injunction restraining the defendants from interfering with their possession. On 23rd Agrahayan at about 11 P.M. guard Alta and Afta reported to the complainant that ......, 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 ......cordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......ase also section 197 of the Cr. P.C. is not attracted. The learned Advocate has placed before us the case of Aftdur Rahman Vs. King Emperor (1) decided by the Federal Court of India. In that case the question of sanction under section 197 Cr.P.C. for prosecuting two police officers, one Sub-Inspecto..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
....nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......hy;out any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......executing Court can not go behind the decree except on the ground of jurisdiction, whether pecuniary or territorial and within this very strict limits the executing Court is competent to consider the question of legality or otherwise of the decree. 5. In the instant case, the learned Subordinat..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
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 ......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 ......ithout any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......to allow it to do something which it is not authorised by the clauses. Even assuming that clause 3(36) of the appellant's memorandum of association authorised it to carry on the trade, a relevant question might be raised as to whether the Government had the power to amend the clause having the e..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)
....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. ......s set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ......lection Board. An ingenious attempt was made by arguing that appointment letter itself would mean that he was selected by the Board but this argument loses its validity when the appointment letter is questioned on the ground of bona fide mistake. Mistake pre-supposes non-application of mind and in s..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 ......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 ......thout cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......ther expressly or by necessary implication….. (15) Constitution of Bangladesh (1972), Art, 102(2) Alternative remedy / Writ When the impugned action is without jurisdiction, the question of availing statutory alternative remedy does not arise…………. (2..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
....ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ......ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ......urt Division (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem @ Abul Hasem talukder……………….Petitioner Vs. Administrator of Waqfs & others…………………..Opposite p......rur Reza, Advocates-For the Opposite parties Civil Revision No.691 of 1979 Judgment Mustafa Kamal J.- This Rule obtained u/s. 115 (old) of the Code of Civil Procedure calls into question an order passed by the learned Additional District Judge, Chittagong dismissing the petitio..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
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 ......e will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ......ent or industrial establishment within the meaning of the Standing Orders Act and whether the respondent No. 2 is a worker within the meaning of the said Act. 4. The point raised is an important question. Though the High Court Division had summarily dismissed the petition yet the reason given i..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......; Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......ts Md. Moksudur Rahman, Deputy Attorney General, instructed by A.W.Mian, Advocate-on-Record-For respondents. C- A- 67 of 1980 from F. A. 228 of 1976 Judgment K. Hossain CJ. - The question involved in this appeal is whether the learned Judges of the High Court Division were corre..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
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 ......aw contained in Art. 14 of the Constitution. Furthermore, Sec.7 of the Act, quoted above particularly the latter part, which vests the government with the power wholly or partially to exempt any land from the provisions of the Act, is clearly discriminatory in its effect and, therefore, infring......declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ......he constitutionality of the 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 st..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....cree of reversal of 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...... 2. Facts of the case are rather simple. The respondent plaintiffs filed Title Suit No. 68 of 1956 against the appellant-defendants for declaration of .title and recovery of possession of the suit land. The suit was decreed by the Munsif on 29th May, 1957 and the plaintiffs by putting the decree ......, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ......structed by Zinnur Ahmed, Advocate-on-Record-For the Respondent 1. C. A. 56 of 1980 from S. M. A. 45 of 1970 Judgment Shababuddin Ahmed J. —This appeal by special leave calls in question a judgment and order of the High Court Division dated July 24, 1979 in S. M. A. No. 45 of 1..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
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