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Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)

....affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255     ......ee ex parte as of right on the failure of the contesting defendant to appear on the date of hearing without proving a prima facie case as contended by the learned Counsel for the appellant. Under the law the contents of a document is to be proved by producing the document itself for inspection of th..

Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

....he accused before the Special Tribunal under Special Procedure. 21. It is difficult to follow the logic or reasoning behind the Special Tribunal's findings. A witness is subject to the same, provisions of the Evidence Act in a trial un­der P.O. No.8 of 1972 as in a trial under the ordin......;tion the name of the accused appellant any­where in his evidence, farless about his ac­tivities. P.W.3 Nurul Islam in answer to a question from the Court stated that accused Saad Ahmed was a lawyer and Chairman, Peace Committee. We also stated that the accused was Chairman of Razakars. The ..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

Archana Proshad Nandi Vs. Miss Chilia Ran­dolph and others, 1981, 10 CLC (AD)

....t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106.   ......hat where a person is jointly interested in an estate with another person, and purports to deal with the entirely, specific perfor­mance will not be granted against him as to his share. The law intends one to be dutiful rather than to be generous. The parties have entered into a bargain. ..

Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234

Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)

.... out an order of sentence passed by a Court or tribunal, the jurisdictional validity of that order could be looked at. When such a question is agitated before the Court, the Court is first to see the provisions of the law as well as the provisions of the constitution. The nature of the proceeding an......am non judice and malafide—  The jurisdiction of the High Court Division in an application in the nature of Habeas Corpus is to see if a person in custody is there in pursuance of any lawful authority and when a person is serving out an order of sentence passed by a Court or tribunal..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

....order of requisition was passed by the authorized officer and Land Acquisition Officer, Dacca, by his order dated 7.9.79. The respondent society has deposited a sum of Tk. 66, 57,924/88 on 8.11.78 as provisional estimated compensation of 45'10 acres of land. In its supplementary affidavit-in-opp......of Writ Petition Nos. 65/80 and 96/8. The third group comprises of Writ Petition No. 155/8. 3. These three groups of writ petitions were heard consecutively and, as common questions of facts and law are involved in all of them, they will be disposed of by this single judgment. 4. The petit..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....o file a legal suit against the President of Bangladesh. In this connection he referred to Article 52 of the Constitution which reads as follows : “52(1) Without prejudice to the provisions of the Article 53, a President or a Vice President shall not be answerable in any co......was not a valid passport. On the allegation that Towab obtained the passport in question on suppression of material facts in a clandestine manner he may be appropriately dealt with in accordance with law but he could not be refused entry into Bangladesh on such allegation. Power of Attorney&mda..

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 ......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

....ase. After considering many other earlier decisions Lord Willberfore stated that, "this series of cases amounts to a considerable body of authority in favour of the use of the just and equitable provision in a wide variety of situations, including those of expulsion from office. The principle h...... elected as an Additional Director and through Zohura Khatun, Zahiruddin Ahmed got a suit filed, being Title Suit No. 255 of 1973 in the 6th Court of Munsif, Dacca, seeking declaration that she was a lawful owner of 2200 shares and that she was duly elected a Director of the Company. 8. Zahirud..

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)

....of decisions. In Shamsuddin Ahmed, Advocate Vs. Registrar, High Court East Pakistan, reported in 19 D.L.R. (SC) 483 it was held that "Meaning must be given to every word in a statute reading its provision as a whole in a fair and impartial manner in the ordinary and general sense". In A. G......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)

.... 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.       ......rformed by the Supplier and what part has not been performed is not also relevant. In this view of the matter, we are of the opinion that the learned Subordinate Judge has taken a correct view of the law in holding that "the defendant No.1 undertook to make an un-conditional payment of Rs. 1, 5..

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

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

....r 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 Original Side, under the provision of section 62 of the Banking Companies Ordinance, 1962 which gives exclusive jur......sive jurisdiction in this case but we shall assume that the Company Judge got such jurisdiction and that it was pending when the Ordinance came into force and see whether me transfer was permitted by law. 6. Transfer of a pending proceeding from a civil court to the High Court Division is not a..

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)

....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   ......ons for their prayer for withdrawal at that belated stage. This court upon a consideration of the application filed by the plaintiff respondent alleging the escape of the trawler in question from the lawful custody of the respondent Nos. 6 and 7, directed the General Manager, Fish Harbour to show ca..

Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2

Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

.... Army Act (XXXIX of 1952); Section 142 Sentence of Fine Imposed by Summary Military Court - Whether Such Fine is a Decree and Can be Executed through Civil Court— In relation to the provision of Army Act which have been made applicable in the case of summary Military courts and the......o. 3 of 1973 Judgment Abdur Rahman Chowdhury J. — This appeal arises out of an order passed by the learned Subordinate Judge directing the execution case to proceed in accordance with law. We have heard the learned Counsel for the appellant and the learned Assistant Attorney Gen..

Category: Procedural Law | Date: 5 May, 1981 | Hits: 2

Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)

....ry free from corrupt officials, collaborators in officials wedded to the ideology of Pakistan for effectively carrying out the urgent task of national reconstruction, it was thought necessary to make provisions for careening of Government servants and other officials mentioned in the said Presidenti......0) 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 Screening) Order,..

Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67

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

....k, respondent filed the writ petition challenging the assessment of munici­pal taxes for the years 1968-69 and 69-70 and prayed for direction on the Dacca Municipal Corporation to comply with the provisions of the Model Tax Schedule, under section 35 of the Municipal Administration Ordinance, 19......he limits of the municipality at ghats or landing places constructed and main­tained by the Commissioner; and (j) any other tax which the Commissio­ners are empowered to Impose under any law for the time being in force. (2) The Commissioner may from time to time, as a meeting co..

Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

...., 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   ...... under section 197 Cr. P.C. was required rejected the prayer of the complainant for taking cognizance of the case. The petitioner thereafter moved this Court and obtained a Rule. 4. The point of law involved in both the Rules being the same, they are taken up together for hear­ing and are b..

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

Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)

....n 63(3) of the Ordinance after the statutory period of limita­tion, if so thinks fit. The learned Subordinate Judge has suite unnecessarily embarked on a dis­cussion and interpretation of the provisions of a statute which was beyond his jurisdiction and competence to do and appeared to be qu...... carefully in such situations before rushing to judgment. We find no reason why the judgment-debtor could not have moved this Court for the redress of his griev­ances, if any, in, accordance with law. We are, therefore, satisfied that the impugned order can­not be sustained in law. 6. I..

Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2

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

....sp;8 of the aforesaid Ordinance to pass the impugned Order. Being aggrieved by this Order the appellant moved this Division and obtained leave to consider whether the impugned Order violated the provision of Articles 27 and 40 of the Constitution and also to consider whether......istry of Commerce issued the impugned Order on October 15, 1979 which runs as follows :- “Whereas the grounds of objection of the Bangladesh Steamer Agents Association raised through their lawyers M/S. B. Ahmed & Co. in their No. B. 182/BA/1175 dated 20-8-79 in reply to the notice con..

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

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

....x is payable. It does not give power to re-open a closed assessment…………….(21-22) Interpretation of statute--Retrospective operation Ordinarily a statutory provision is prospective in its operation and retrospective effect cannot be given unless such effec......mpetent to file the Writ Petition. 12. The High Court Division after hearing the parties made the Rule absolute and the impugned notice was declared to have been passed illegally and without any lawful authority. The High Court Division, however, held drat me Oil Storage Tanks form part of me &..

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 ...... opposite party No. 2. Mr. Nurullah submits that since the non-com­pliance with the statutory requirement of hand­ing over charge was involuntary and was due to the intervention of a Court of law, the learned Additional District Judge should have held that the appeal was not maintainable. He..

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