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Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)

....used 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 ...... he dishonestly or fraudulently executes a document with the intention of causing it to be believed that such document was executed by a person by whom he knows that it was not executed or "at a time which he knows that it was not executed." It therefore, clearly appears from the language ......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 ..

Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0

Bengal Water Ways Ltd & Another

....ent 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     ......No. 259 of 1973, in the same Court of the Munsif, and obtained temporary injunction against holding of the meeting with Zohura Khatun. In the course of this litigation, Rahimuddin Ahmed for the first time learnt that Zahiruddin Ahmed by fraud and collusion, introduced a printed Memorandum and Articl......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

Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)

....lf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49   ......ĻĒāύāĻžāϕ⧇ āĻĢ⧇āĻ°ā§Ž āĻ•āĻŦāϞāĻž āĻĻāϞāĻŋāϞ āϰ⧇āϜāĻŋāĻˇā§āĻŸā§āϰāĻŋ āĻ•āϰāĻŋ⧟āĻž āĻĻāĻŋāĻŦ”āĨ¤.........(4) In the instant case the general expression with regard to the time for payment of consideration for the reconveyance, within 4 (four) years, 'appears to be in......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   ..

Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2

Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)

.... appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17.       ......issed. Bank is unconditionally bound to make pay the amount on demand Bank guaranteeing satifactory performance of contract by seller. Seller defaulted in delivering goods within stipulated time. Purchaser called upon the bank to credit the guaranteed amount to its account. Bank refusing t...... 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.       ......ated that they would not require the balance quantity of potato seeds. Ext A(1) is a letter written by defendant No.2 to the plaintiff wherein it is stated that "according to Mr. Aziz, Manager, Farms and Seeds, who was consulted in the meeting and said that since there is no demand, the Corpora..

Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2

Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)

....eal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......he defendants came out with fabricated documents showing that they purchased the land from the same Bank and dispossessed him from the suit land. Hence the suit was filed for declaration of title and recovery of possession. 3. Defendant No. 8, respondent No. 1, contested the suit contending tha......irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ..

Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0

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

.... This Case is also Reported in: 34 DLR (HCD) (1982) 23   ...... accepted as such by that officer, shall be liable for the fulfillment in respect of the matter in question of all obligations imposed on such person-in-charge by or under this Act or any law for the time being in force, and to penalties (including confiscation) which may be incurred in respect of t...... directing attachment of four Trawlers. 2. Facts, in brief, leading to this appeal are that the plaintiff respondent instituted a money suit in the 3rd court of Subordinate Judge, Chittagong for recovery of Tk. 38, 75,000/- against the defendant-appellant. After the institution of the suit the ......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   ..

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)

....t 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 ...... that he has, by his speech, supported the activity which is directed against the liberation struggle and also the creation of Bangladesh. Similarly by going as a delegate of Pakistan Government at a time when he was connected with the University acted in aid and assistance of Pakistan and his activ......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

M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)

....l Revision No. 325 of 1981. Judgment Abdul Wadud Chowdhury J. — This rule is directed against the judgment and order passed by the learned Additional District Judge, 4th Court, Dacca dated 20.12.79 in Misc. Appeal No. 306 Of 1979 affirming those dated 30.7.79 passed by the learned Su......cate for conducting his case but as he was heavily engaged on the date fixed i.e. 20-3-78 in the High Court Division an application for adjournment was filed but unfortunately the Court did not grant time, rejected the two applications filed by the defendant petitioner and decreed the suit ex parte.......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. ..

Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1

Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

....n 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 ......lt with municipal taxation and section 123 empowers the Commissioners to impose tax, rates, tolls and fees Sections 123 is in the following terms :- "123. (1) The Commissioners may, from time to time at a meeting convened expressly for the purpose, subject to the provisions of the Act, ......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)

....n) Present: Chowdhury A.T. M. Masud J Md. Altaf Hossain J Rokeya Begum…………………Petitioner Vs. Shafiqur Rah­man & state……………opposite parties Abdul Karim………......, 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   ......, 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   ......used persons then took them to the house of accused Tofel Ahmed. Thereafter, accused opposite-party No. 1 togeth­er ether With some police constables and accused Giasuddin and Abdur Rab went with arms to the fishery at 2 P. M. on the following day. They took away the nets, ropes and rice from Kh..

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

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

....unsel 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     ......iation. The relevant provisions of the Section as contained in Section 8(1)(b) are as follows :- “8. (1) Notwithstanding anything contained in the Act or in any other Law for the time being in force or in the Article or memorandum, (a) * * * * (b) the appropriate Gover......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     ..

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

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

....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   ...... the year 1957-58 to 1962-63 was made without taking into account the valuation of the Oil Storage Tanks, which formed major portion of construction of the Oil Depot. The omission was detected at the time of assessment of tax for the years 1963-64 to 1969-70. The assessment for the said years was ma......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   ..

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

Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)

....vision (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem @ Abul Hasem talukder……………….Petitioner Vs. Administrator of Waqfs & others…………………..Opposite parties......No. 3 would jointly become Mutawallis of the said Waqf Estate. If any son or daughter is born to the wakif he or she would also be joint Mutawalli along with opposite party Nos. 2 and 3. In course of time a son was born to the wakif, namely, the petitioner. After the death of the wakif a dispute aro......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 ..

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

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

....gh 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   ......t; means any holder of med­ical licence, diploma or degree engaged in the prevention, cure or treatment of diseases of man; (d) "public servant" includes any person who is, for the time being hi the service of the Republic or of any corporation, nationalised enterprise or local au......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   ......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   ..

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

Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)

....f 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   ......view being that this right accrues on the date of the final decree when appeal is preferred from the decree of the first appellate Court. 16. Mr. Ishtiaq Ahmed has contended that the appropriate time for the application is the date of the decree of the first appellate Court whether any appeal t......ree of the appellate Court." 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 th......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)

....ting 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. ......d the other four were sentenced to rigorous imprisonment for ten years. The respondents challenged the legality of this order of the Government in the Writ Petition on the ground that at the relevant time power of review vested in the Chief Martial Law Administrator and not in the Government. The Hi......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. ..

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

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

.... This Case is also Reported in: 1 BLD (HCD) (1981) 86.   ......ation was carried on by a local Management Board consisting of public and Government representatives in which the peti­tioner was also member and continued to act as the Factory Manager till such time when Aziz Match Factory was placed under Bangladesh Fertilizer, Chemical and Pharmaceutical Ind......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

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

....hellip;………..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, Advocates-For additional Respondents. ......he principal-cum-secretary of the school and the wife of the then Chief Whip of the National Assembly of Bangladesh became the Head Mistress of the School. The president of the school was headed from time to time by a non-official and at present Mr. Abdus Sobhan, an Advocate of the Supreme Court, is...... 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.    ..

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

Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)

....es.  Civil Revision No.1306 of the 1973. Judgment Md. Altaf Hossain J. - Facts leading to the Rule are the follo­wing: Plaintiff petitioner filed Title suit No.204 of 1970 for declaration of title in the suit land against opposite party principal-defen­dant Nos.1-9. In the suit, o...... 1972. I see substance in the contention of the learned Advocate. Article 3, which is relevant, of P.O 12/72 is quoted below:- "3. Notwithstanding any thing con­tained in any other law for the time being in force, all Judgments, decrees or orders passed ex parte by any Court or tribunal or or......he defendants 10-17 will be struck of the decree. The order of the learned Munsif for resto­ration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ......he defendants 10-17 will be struck of the decree. The order of the learned Munsif for resto­ration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ..

Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29

Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)

....d 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     ......s of section 32 the power of attorney shall alone be recognised and here we exclude all others excepting which is relevant for our purpose and that is in clause (c) which says if the principal at any time aforesaid does not reside in Bangladesh a power of attorney executed before and authenticated b......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     ..

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