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Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......mrita Lal Biswas and another, Shailendra Lal Dey, filed the suit being Title Suit No. 468 of 1957 in the Third Court of Munsif, Barisal which was, on transfer to the 6th court of Munsif, Barisal, renumbered as Title Suite No. 71 of 1961, against the respondents for establishment of their auction-..Category: Property Law | Date: | Hits: 45
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....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. ......ngla to the Memorandum and Articles of Association of the Company. Article 4 of the Articles of Association of the Company states that the Company is to be a private company and the number of members of the company for the time being would not exceed 50 (fifty). 4. Pri..Category: Business or Commercial Law | Date: | Hits: 107
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....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. ......r was put in. Thereafter, on May 9, 1967 Title Execution Case No. 36 of 1967 was filed to which an objection was raised by the defendants-appellants under section 47, Civil Procedure Code taking a number of grounds the principal ground being that the execution case was barred by limitation as no..Category: Procedural Law | Date: | Hits: 106
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......e of the transfer to a stranger. The transferee, Who is the appellant here, contested the application contending, among, other things that the application suffered from defect of parties in that a number of co-sharers by inheritance were not impleaded in the application for pre-emption. Tri..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....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. ......tting several promotions since he joined service he was confirmed as Professor of Medicine on April 24, 1963, besides performing his duties he carried on research in Medical Science and published a number of articles and also books. In 1965 the appellant was appointed the Joint Director of the Ins..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......providing for any consequence to follow, or requiring any act or thing to be done, or entitling any person to do any act or thing or take any action whatsoever, as a result of a reduction in the number of the members of such industrial enterprise below a certain number, shall be of no effect i..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......rned- by the country. Licensed Measurers Department is vital to the business of the Steamer and Shipping agents, as well as the country's and international shipping business. 4. There are a number of other organizations viz. Chittagong and Khulna Chambers of Commerce and Industry who were ..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......jected on June 12, 1979 after hearing the Attorney General of the Government of Bangladesh. 8. The main ground for challenging the legality of the proceedings before the special Martial Law Court number, 11 is that the transfer of the case from the Court of the Sub-Divisional Magistrate to the s..Category: Constitutional Law | Date: | Hits: 292
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....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. ......inent to see the nature of controversies with regard to interpretation of the proviso to sub-section (1) and the nature of the reasonings given in support of the different views. On examining a large number of cases it has been observed that the cases disclosed a serious divergence of judicial opi..Category: Procedural Law | Date: | Hits: 147
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......f convenience but of absolute necessity to enable the Court to adjudicate more effectively and completely. Order 1 rule 9 of the Code does not apply when a cause of action arises against a number of persons jointly because when one of such persons is eliminated no cause of action subsis..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....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: ......application for execution and as such restitution is not part of an execution proceeding, nor is it in the nature of an execution proceeding. In support of this contention Mr. Ahmed has relied upon a number of Indian decision, particularly the following cases: Parmeshwar Singh vs. Sitaldin Dube AIR ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....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. ......specified in sub-section (9) the authority concerned shall record, in writing, a good and valid reason thereof"; and (iv) the Explanation thereto shall renumbered as Explanation I and after the Explanation so numbered the following new Explanation shal..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....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. ......mate object with which the relief was sought. In the Privy Council case a preliminary mortgage decree was obtained which was amended in some respects not material to be particularised. There were a number of mortgagors interested in the mortgage some of whom preferred an appeal before the High Co..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......ses may be) he "shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number, character and class of sureties (if any) required". An order of this kind under sec&sh..Category: Criminal Law | Date: | Hits: 51
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......b-section (2) of section 10 in respect of depreciation of buildings, machinery, plan or furniture shall be at percentages of the written down value or original cost, as the case may be equal to the number shown in the corresponding entry in the second column of the following statement. (2) In res..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......n which was declared invalid by a court, whether the invalidity resulted from lack of legislative competence or from contravention of a fundamental right. Learned advocates have referred to a great number of decisions mainly from Indian jurisdiction in support of their respective contentions. ..Category: Constitutional Law | Date: | Hits: 188
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......at the impugned order of dismissal was not in accordance with the provisions of the Ordinance and, therefore the jurisdiction of the Civil Court was not ousted.
9. Mr. Huq referred to, a number of decisions on the effect; of provisions in a statute which aim at the exclusion of Jurisdic..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......ioned cases by the Supreme Court of Pakistan may be applied to cases coming within the rule set out in aforesaid decisions." 14. This principle has been consistently followed by this Court in a number of decisions. Mention may be made of Criminal Appeal No. 4 of 1980. Referring to the decision..Category: Criminal Law | Date: | Hits: 287
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ...... Case No. 3 of 1971 in the Court of Munsif, Sylhet claiming that they are owners of a land which is contiguous to the 'land transferred'. The petition was resisted by the appellant-pre-emptee on a number of grounds the main ground being that the pre-emptors are not contiguous land holders in re..Category: Property Law | Date: | Hits: 66
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......e under section 151 of the Code in exercise of the inherent power of the court to pass any order at its discretion to meet the ends of justice. In support of these contentions he has referred to a number of cases mainly of Indian Jurisdiction, particularly the cases of Wahid Vs Zobedha, AIR..Category: Civil Law | Date: | Hits: 82
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