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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 ......unnessa sold away her land under kabala Ext. 1 to the appellant, accused Syeduzzaman approached him to request the appellant to return the land so that he could purchase his sister's property. In view of this evidence there is no substance in the contention of Mr. Karim. 8. In the result, t..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 ......Section 162 of the companies Act, for winding up the company. The application was registered as Matter No. 15 of 1973, which was however dismissed by the learned Company Judge on 22-6-73 in view of an undertaking given by the Managing Director, appellant No. 2, that he would, regularise th..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
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 contention of Mr. Asrarul Hossain that the decisions of the Appellate Division in the Civil Appeals relied on by Mr. Hasib do not provide any guidance for a decision of this case. In taking this view we are not un-mindful of the fact that in the Bank guarantee Ext. 1 the commitment for schedule..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....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 ......efinitely prohibited from exercising its jurisdiction which exclusively vested in the High Court under section 61 and decisions of these courts below were quorum nonjudice" and in that view of the matter transferred the case to the Company Judge. 4. Mr. M. H. Khondaker, the learn..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
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 ...... Whether Three clauses of Art. 5 (b), to be read conjunctively so that conduct or activity which was not in exercise of power or in discharge of duty 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, ..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. ......rned Senior Advocate was engaged, the petitioner knew that the learned Senior Advocate will not be able to appear on that date and as such the petitioner ought to have made alternative arrangement in view of the fact that the case was fixed for that date. The application for adjournment was filed on..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 ....... Badrul Haider Chowdhury. J.—I have had the advantage of going through the judgment passed by my learned brother Shahabuddin Ahmed, J, but I am unable to concur and take a different view which is detailed below. 5. Sonali Bank, respondent filed the writ petition challenging th..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
.... of that section is available to them. We, therefore, see no difficulty in holding that the learned Magistrate Mr. A.W. Sarker and the learned Sub-Divisional Magistrate, Sunamganj, have both taken an erroneous view of law in the cases in holding that as a Sub-Inspector of Police and constables were ......he petitioner and recorded her statement. He also examined 5 other witnesses and upon consideration of the evidence finding involvement of opposite-party No.1 and two constables and being of the view that as O/C Derai P. S. along with two constables were involved in the case, sanction under sec..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 ......tion 8(1) (b) of the Ordinance, it appears that both the contentions remain unsubstantiated and the Government's power to give the direction to delete the clause does exist. 13. In view of the above considerations it is not necessary to refer to other objections raised by the lear..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. ......ondent 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 w..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 ......borated as follows:- Unless there is some declared intention of the legislature clear and unequivocal or unless there are some circumstances rendering it inevitable that he should take the other view, we are to presume that an Act is prospective not retrospective. 19. Rule 10 of the Urban ..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 ......ment in which articles are produced, adapted or manufactured or where the work of making, altering, repairing, ornamenting, finishing or packing or otherwise treating any Article or substance, with a view to their use, transport, sale, delivery or disposal, is carried on or such other class of estab..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 ......g in India were declared as enemy property. The plaintiff in 1968 filed an application for Letters of Administration and the moot question raised on behalf of the Enemy Property Authority was that in view of the notification of 3rd December, 1965 the Letters of Administration could not be granted. T..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 ...... the parties, discharged the Rule on July 29, 1980. It was held, inter alia, that (i) the Act had apparently been made in terms of paragraph 10(2)(b) of the Fourth Schedule of the Constitution and in view of Article 150 of the Constitution the Act was to have effect notwithstanding any other provisi..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....tution be issued, commanding the judgment creditor to restore the property or pay over the proceeds or sale". The English law as quoted above provides that the Court while reversing an erroneous decree may itself give direction for restitution but if it does not do so, a seperate......m the date of the firtal decree." On that principle, the application for restitution was found to have been filed within the period of limitation. The learned Subordinate Judge however, took the view that the application for restitution is not an application in execution but it is an indep..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
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 ......rent was proved, and that the defendant after depositing the rent at the rate of Tk. 17.50 paisa was estopped from saying that the rent of the suit premises still remained at Tk. 251/- and was of the view that had not the defendants any regard to the altered situation, then it was not Understood at ..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)
....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. ...... employee under the State, particularly when the definition of State and statutory public authority given in Article 152(1) of the Constitution of Bangladesh are read and considered together. In that view the present petitioner being an employee of Bangladesh Chemical Industries Corporatio..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....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 ......rt of Sessions for trial. Thereafter, the petitioners have moved this Court and obtained the present Rule. 4. Mr. Abdul Malek, learned Advocate appearing for the petitioner has submitted that in view of the provision of the proviso to sub section (I) of section (4) of the Law Reforms Ordinance ..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1