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Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....nder section 33 of the said Act. 2. The case of Respondent No. 1 is that on 18-9-69 he had purchased 520 shares of the Respondent company (Respondent No.2) from Kamala Kanta Chakraborty who executed an instrument in that behalf embossed on a plain paper affixed with share transfer adhesiv......aq, Advocate-on-Record-For the Appellant. Rufiq-ul-Huq, Advocate (T. Islam, Advocate with him) instructed by B. Hossain, Advocate-on- Record—(For the Respondent No. 1). Ex-parte—Respondent No. 2. Civil Appeal No. 78 of 1974. (On appeal from th......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..Category: Business or Commercial Law | Date: | Hits: 113
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....sul Huq and Tajul Islam. 4. It will appear from the above that there is no conflict or any variation between the statement of P.W. 1 in the F I.R. and his evidence at the time of trial excepting that in the F.I.R. he did not mention that all the accused persons assaulted both Shamsul......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ...... 307/34 of the Penal Code, and Criminal Appeal No. 3 of 1973 was filed by the accused persons who were convicted upon trial. The two appeals are taken up together for dismissal. 2. True prosecution case in short is as follows: On 1st Baishakh, 1375 B.S., cor..Category: Criminal Law | Date: | Hits: 39
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... year provided for institution of a suit for pre-emption is to be counted from the date of dispossession in 1962, and the suit was filed well within time. 3. Leave was granted to examine the following questions raised by the appellants viz:— 1) Whether the lea......r the Appellants. Syed Ishtiaq Ahmed, Senior Advocate with Zamiruddin Ahmed and K.Z. Alam, Advocates instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent 1. Ex-parte—For Respondents 2-6. Civil Appeal No. 112 of 1979. (From the Judgment an...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....of 1969 on March 22, 1973. 2. The appellant filed an application under section 66/1) of the Banking Companies Ordinance, 1962 (hereinafter referred to as the 'Ordinance') for the public examination of the respondent who was the former Secretary of Patuakhali Bank Limited (in liqu......by Aminul Huq, Advocate-on-Record—For the Appellants. K.A. Bakr, Attorney General, B. Hossain Advocate-on-Record.—Rule 1, Order XLV, Supreme Court (A.D.) Rules, 1973. Ex parte—Respondent. Civil Appeal No. 31 of 1979. (From the judgment and order dat......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 101
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....declaration of plaintiffs' title to the land as they were out of possession all through. He claimed independent title to the suit land on the basis of purchase. He contended that the sale-deed executed in favour of plaintiffs' father was not acted upon and their father did not acquire any t......ellants. Khondaker Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondent No. 2. Civil Appeal No 98 of 1980. (From the judgment and de......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....vision No. 579 of 1970 was made absolute on the ground that the reporting of the proceedings in the weekly paper of the respondent was substantially true and therefore protected under the 4th exception to section 499 of the Penal Code. In this view of the matter, the learned single Judge ac...... to several newspapers which published it. Hence the publication was privileged. Facts show that an application for the issue of the summons for perjury was made before three Justices by counsel ex parte, and without any evidence being given on oath. The Justices granted a summons for perjur......d either inquire into the case himself or direct a Magistrate or Police Officer so to do for the purpose of ascertaining the truth or falsehood of the complaint, section 203 provides for dismissal of complaint if the Magistrate is satisfied after considering the statement on oath and t..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
.... land in the latter part of January, 1973. On making enquiries the appellants came to know about the transfer in February, 1973. As the schedule properties are non-agricultural homestead which existed for over twenty years prior to the appellants' purchase, they filed the aforesaid pet....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....sh Abandoned Properties (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972). (c) The Bangladesh Oil and Gas-Corporation also known as "Petro-Bangla" in exercise of the powers vested in it by section 8 2) of Petroleum Act, 1974(Act No. LXIX of 1974)......spondents Judgment November 24, 1980. Lawyers Involved : Amirul Islam, Advocate, instructed by Md, Aftab Hossain, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No. 20 of 1980. (From the Judgment and......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 107
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
.... observed that there was nothing on record to show that the order of the Circle Officer (Revenue) was passed following the procedure as contemplated under section 117 of the Act. 5. On examination of Exhibit C we are satisfied that the application was not signed and subscribed by the......rd.— For the Appellants (in all the appeals). B.B. Roy Chowdhury, Advocate, instructed by B, Hossain, Advocate-on-Record.—For the Respondent No. 1 (in all the appeals). Ex-parte—Respondent Nos. 2 to 18 (in C.A. 143/78). Ex-parte—Respondent Nos. 2 to ......e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 49
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....y or any public interest. By granting injunctions the court had restrained the respondent bank from honoring the letter of guarantee. 7. In the case of Howe Richardson Scale Co. Ltd.Vs. Polimex Cekop and National Westminster Bank Ltd. 1978 (Lloyd's Law Reports) 166 the sel......e with Mahbubey Alam, Advocate, instructed by S.M. Huq, Advocate-on- Record.—For the Respondent No. 1. A. Baset Mujumder, Advocate-on-Record.— For the Respondent No. 1. Ex-parte.—Respondent No. 3. Civil Appeal No. 71 of 1980. From the Judgment and o...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
.... "In this connection it may be further mentioned that in view of the setting aside the impugned order the petitioner though considered to remain in service shall be treated as on extraordinary leave without any pay from the date of passing of the impugned order that is on......nstructed by Aminul Huq, Advocate-on-Record-For the Appellants. S. M. Nurul Huq, Advocate, instructed by S.M. Huq, Advocate-on-Record.—For the Respondent Nos. 2 & 3. Ex-parte.—Respondent Nos. 1 & 4. Civil Appeal No. 99 of 1980. (From the judg......rection is not contemplated by the Constitution. He has referred to a decision of the Supreme Court of Pakistan reported in PLD 1970 SC 495. In that decision a question of salary for the period of dismissal was considered and it was held that when dismissal of a Government servant is wrong..Category: Employment/Service Law | Date: | Hits: 101
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....bsp; Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the period of limitation under Article 182 of the Limitation Act for filing an application for execution of a decree runs from the date when the final decree was passed or from the date when the......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..Category: Procedural Law | Date: | Hits: 106
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....oshi AIR 1957 S.C. 892; Krepa Ram Gupta vs. R.K, Talwar AIR 1970 All. 296; A.M. Khan Leghery vs. Govt. of Pakistan, PLD 1967 Lah, 227 ; Pakistan vs. Liaquat Ali Khan (1959) 11 D.L.R (SC) 73; Zaibtun Textile vs. Central Board of Revenue PLD 1971 Kar. 333; Regional Manager vs. Pawan. K. Dubey AIR 1976......osts. 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: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......meted out to the appellant he, in course of his argument, also mentioned the violation of Article 135 of the Constitution which provides for giving an opportunity of being heard before any order of dismissal, removal or reduction in rank is made by the Government. Reference is, therefore, made t..Category: Employment/Service Law | Date: | Hits: 180
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....e could not have acquired them with the income he derived from his meagre salary, they being disproportionate to the known source of his income. 2. On January 5, 1976 the respondent submitted his explanation to the Screening Board wherein it was stated that there was no incident on May 4 and 5, ...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......by law to be a service of the Republic." The words "civil or military" have not been interpreted in Article 152. Reference may be made in this connection to Article 135 which lays down provisions for dismissal, etc. of the civilian public officers and occurs in Part IX of the Constitution, which rel..Category: Employment/Service Law | Date: | Hits: 102
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
.... is dismissed. The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte decree and the Court passes necessary orders on the application directing the applicant eit...... dismissed. The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte decree and the Court passes necessary orders on the application directing the applicant either......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..Category: Procedural Law | Date: | Hits: 147
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....gainst the appellant-defendant 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 into execution got delivery of possession of the land on 26th August, 1957. But the defendants filed an......ocate, Instructed by Abu Backkar, Advocate-on-Record. — For the Appellants. Rafiqur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondents No. 2-12. Civil Appeal No. 56 of 1980. (From the Judgement and order of......the appellate court if appeal is 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: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....turned to their native village completely disillusioned as they did not get any help there. The plaintiff asked defendant No. 1 to return their title deeds and the signed papers but on various pretexts he did not return the papers. After a few days the plaintiffs got notices from the District Su......ucted by Miah Abdul Gafur, Advocate on Record—For the Appellants. K. A. Bakr, Senior Advocate, instructed by M.R. Khan, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos. 2 to 17. Civil Appeal No. 97 of 1978. (From the judg......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....973. The judgment-debtors are the appellants and have raised the following question for determination by this Court- 1. Whether section 14 of the Limitation Act is available in an execution proceeding. 2. In the facts of this case whether it could be said that th......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ...... 1970 which was resisted by the judgment-debtor-appellants under section 47 of the Code, on the ground it was barred by Limitation having not been filed within three years from the date of the dismissal of the 1st Execution case under Article 182 of the Limitation Act. This objection was neg..Category: Property Law | Date: | Hits: 54
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....he services of the employees of the Bangladesh Water Development Board, mentioned below are no longer required In the interest of the People's Republic of Bangladesh; Now, therefore, in exercise of powers conferred by Article 6 of the Government of Bangladesh (Service) Order, ......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......he rule of double jeopardy may be examined from another aspect. If the delinquent employee is found guilty of the charge in a departmental proceeding, for which the maximum punishment may be 'dismissal', whereas if he is found guilty of the same offence in a criminal case he is liable to su..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....din Ahmed, J. Badrul Haider Chowdhury J.—I have gone through the judgment passed by Shahabuddin Ahmed, J. I agree that T could not subscribe to the views expressed therein. 2. Facts are given by my brother and it is not necessary to detail them. ......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......he extreme punishment and a second show cause notice was issued. Thereafter the matter was referred to the Public Service Commission seeking its advice as to whether the extreme punishment of dismissal should be imposed upon the respondent. The Public Service Commission gave advic..Category: Employment/Service Law | Date: | Hits: 87
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