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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 ...... Result: The appeal is accordingly allowed. Lawyers Involved: Raftque-ul-Huq, Advocate-For the appellant. First Miscellaneous Appeal No. 177 of 1975 Judgment Abdur Rahman Chowdhury J.- This appeal arises out of an order passed by the Subordinate judge allowing an ......n order passed by the Subordinate judge allowing an application under section 47 of the Code of Civil Procedure in an execution proceeding. 2. We have heard the learned Counsel for the appellant and perused the impugned order. No one has appeared for the respondent when the matter was called on..

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     ...... alter or modify its memorandum and articles of association…….(9-11) Lawyers Involved: Hamidul Haq Chowdhury & Asrarul Hossain, Sr. Advocates, with Khalilur Rahman, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record— For the Appellant ......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..

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)

.... Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Chairman, National Board of Rev­enue & Others……………… Appellants Vs. Md. Jahurul Hoque…………………….. Respondent ......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.   ......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..

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   ......ion, 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, Advocate-on-Record— For the......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..

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 ......……..Opposite parties Judgment January 13, 1981. Result: The Rule is made absolute. Lawyers Involved: M. Nurullah, Advocate-For the Petitioner Habibur Rahman with Ahmed Nurur Reza, Advocates-For the Opposite parties Civil Revision No.691 of 1979 ...... are that the father of the petitioner by a deed of Waqf registered on 14.6.51 created a Waqf. It was provided in the said deed that after his death his daughter opposite party No. 2 Nurunnahar Begum and his grand-daughter opposite party No. 3 would jointly become Mutawallis of the said Waqf Estate...

Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1

Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)

....sh 1981 BLD (AD) 1. 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 respond......sts.                    Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126   ......AD) 1. 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-......………………………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..

Category: Property Law | Date: 8 Jan, 1981 | Hits: 2

Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....C 369; Shiva Charan Vs. State of Mysore AIR 1965 SC 280; Bisnunarayana Vs. State 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. ......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   ......ersed the decision of the High Court involved the con­sideration of the extent of discretionary power of the government. As to the exercise of discre­tionary power of the government, Hamoodur Rahman J. observed. "The broad principles' upon which the grouping had to be done unde......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..

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   ......(1970), Nagendranath Dev Surendra De, ILR 1933 Cal 1. Lawyers Involved: Syed Ishtiaq Ahmed, Sr. Advocate, instruct­ed by Abu Backkar, Advocate-on-Record-For the Appellants. Rafiqur Rahman, Sr. Advocate, instructed by Zinnur Ahmed, Advocate-on-Record-For the Respondent 1. C. A......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..

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. ......tion, 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-For the Petitioner. ......;…………………………………………………….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, 1980. Result: ..

Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53

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

....o 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.   ......is 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..

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 ......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 ...... Ruhul Islam J Badrul Harder Chowdhury J Mansurul Aziz & Another………………………Appellants Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others……………&hellip..

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

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

....s. Sumitra Devi, 16. DLR 272; Mosharraf Hossain Vs. Bangladesh Jute, Industries Corporation, 29 DLR (SC) 168. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record, for the Respondents 3-20. C.A. 78 of 1980 from Civil Rul......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   ......, 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..

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

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

.... Vs. Bangladesh & others……………..Respondents Judgment September 11, 1980. Result: The rule is made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Kairul Huq, Advocates-For the petitioners. S.R. Pal with Aminul Huq, ...... 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.    ...... 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..

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

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     ......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     ......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 ..

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

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

.... 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       ......he evidence of the deed-writer, adduced in his examination-in-chief but both of them have failed to consider his evidenced cross-examina­tion. In his evidence in cross-examination P.W. 2 Mokbulur Rahman, the deed-writer, has cate­gorically stated that he has no independent rec­ollections......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..

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

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

....ejected. Case Referred to- Paia & Co. S.P.A. Vs. Thurmann Neilson, (1952)2 QB 84; Unimarine S.A. Panama through Local Agent Bengal Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: Faqueer Shahabuddin Ahmed......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     ...... 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..

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

Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)

....evisional Jurisdiction) Present: Amirul Islam Chowdhury J Ranadhir Sen J Nurul Islam & others…………………..Petitioner Vs. Md. Abdur Rashid………………………. Opposite P......ed order calls for no inter­ference by this Court. The rule is accordingly discharged with­out any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......ed order calls for no inter­ference by this Court. The rule is accordingly discharged with­out any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......ellip;………. Opposite Party Judgment August 6, 1980. Result: The rule is accordingly discharged. Case Referred to- Durgaprasad & another Vs. Deepchand & others, AIR 1954 SC 75; Methu Vehemandu Vs. Duggiarala Pitchayya, AIR 1946 Mad 497; Thakur..

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

Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)

....s also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138.   ......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138.   ......has denied the suggestion that the Karachi office of the plaintiff consigned the goods to Chittagong office in the name of the defendant in order to dispose of the goods in black market. P.W. 4 Abdur Rahman Ibrahim is the Manager of the plaintiff coy at Chittagong. He says that he received the bills...... F.O.B. Contract (Free on board contract)– F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payment for the goods be..

Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1

M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)

....ustries & others.................Respondents Judgment June 18, 1980. Result: The appeal is dismissed Case Referred To- Bangladesh Enemy Property Management Board Vs. Md. Abdul Majid DLR (AD) 52,  Lawyers Involved: R. Pal, Sr. Advocate, with S. C. Das,....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1   ....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1   ...... also Reported in: 1 BLD (AD) (1981) 1   ..

Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109

Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, 1980, 9 CLC (AD)

.... S.R. Pal, Senior Advocate, with Mohamm-adullah, Advocate, instructed by A. Rab II, Advocate-on-Record-For respondents 1 & 2 (In C.A. 169 of 1979.) Mozammel Huq Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the respondent 3 (In C.A. 169 of 1979.) M. Nurullah, ......vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 61 ......f 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 & 2 (In C.A. 65......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 & ..

Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7