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

.... 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. ......he Petitioner. Abdur Rab-II—For the Opposite Party. Civil 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. Appe......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)

..... 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 ...... Appellant. Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.— For the Respondent No. 1 Civil Appeal No. 103 of 1980. (From the judgment and order dated 31-5 -79 passed by the High Court Division in Writ Petition No. 135 of 1980.) Judgm......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)

....;…..........Petitioner Vs. Shafiqur Rahman & State……………..........opposite parties Judgment March 4, 1981 Result: Rules are made absolute. Case Referred to- Afzalur Rahman Vs.King Emperor, AIR 1943 FC 18; Nagraj Vs.......said fishery. The Complainant and his cousin Mujibur Rahman thereupon instituted Title Suit No 284 of 1979 in the First Court of Subordinate Judge, Sylhet, for permanent injunction and obtained an ad-interim injunction restraining the defendants from interfering with their possession. On 23rd Agraha......ion 197 Cr.P. C. was necessary before taking cognizance, placed the case before the Sub-divisional Magistrate for necessary action. On 28-2-30 the learned Sub-divisional Magistrate after perusing the order passed by the learned Magistrate on 20-2-80 and being of the opinion that sanction was necessa......, 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   ..

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

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

....nce with law. The appeal is accordingly allowed with­out any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......nce with law. The appeal is accordingly allowed with­out any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......d. Lawyers Involved: Raftque-ul-Huq, Advocate-For the appellant. First Miscellaneous Appeal No. 177 of 1975 Judgment Abdur Rahman Chowdhury J.- This appeal arises out of an order passed by the Subordinate judge allowing an application under section 47 of the Code of Civil ......nce with law. The appeal is accordingly allowed with­out any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ..

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

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

....d 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     ......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

Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)

....ase is also Reported in: 1 BLD (AD) (1981)139.   ......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.   ......-on-Record-For the Respondent. C.A. 113 of 1980 from Writ Petition No. 265 of 1978. Judgment Badrul Haider Chowdhury J. - This appeal by special leave arises from the judg­ment and order of the High Court Division dated 8th August, 1979 in Writ Petition No. 256 of 1978. 2. Th......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.   ..

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)

....n its operation and retrospective effect cannot be given unless such effect is given to it in the statute itself, either expressly or by necessary implication….. (15) Constitution of Bangladesh (1972), Art, 102(2) Alternative remedy / Writ When the impugned action is without ju......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   ......ejected the appellant's contention. It was submitted by the learned Additional Attorney General that Rule 12 of the Urban Immovable Property Tax Rules Provides First Appeal against the assessment orders passed by the Assessing Officer, before the Deputy Director of Taxation and a Second Appeal b......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)

....itioner Vs. Administrator of Waqfs & others…………………..Opposite parties Judgment January 13, 1981. Result: The Rule is made absolute. Lawyers Involved: M. Nurullah, Advocate-For the Petitioner Habibur Rah...... of his jurisdiction in holding that the appeal is not maintainable and that it is peremature. Mr. Nurullah submits that on 6.1.77, the petitioners sister opposite party No. 3 obtained an order of ad-interim injunction in O.C. Suit No. 5/77 restraining the Administrator of Waqfs and opposite party N......vocates-For the Opposite parties Civil Revision No.691 of 1979 Judgment Mustafa Kamal J.-  This Rule obtained u/s. 115 (old) of the Code of Civil Procedure calls into question an order passed by the learned Additional District Judge, Chittagong dismissing the petitioner's ap......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

Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)

.... also Reported in: 1 BLD (AD) (1981) 462   ......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   ......at the Dacca Improvement Trust does not answer the description either of the "commercial establishment" or "industrial establishment" as given in the Employment of Labour Standing orders Act, 1965. D.I.T. does not deal any business of advertising nor it is a commercial agency nor......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   ..

Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0

Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)

....e is also Reported in: 1 BLD (AD) (1981) 126   ......sts.                    Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126   ......in part, in that, the decision of the High Court is con­firmed subject to this modification that the suit shall remain stayed so long the suit property remains a vested property. There will be no order as to costs.             &nbs......sts.                    Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126   ..

Category: Property Law | Date: 8 Jan, 1981 | Hits: 2

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

....ase 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   ...... Civil  Appeal 122 of 1980 from Writ Petition 489 of 1980 Judgment K. Hossain CJ.- Though I agree with the conclusion reached by the Court, that the appeal be allowed and the Impugned order declared to have been made without lawful authority, and agree with the reasons given by my le......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)

....se is also Reported in: 1 BLD (AD) (1981) 131   ......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   ......, Advocate-on-Record-For the Respondent 1. C. A. 56 of 1980 from S. M. A. 45 of 1970 Judgment Shababuddin Ahmed J. —This appeal by special leave calls in question a judgment and order of the High Court Division dated July 24, 1979 in S. M. A. No. 45 of 1970 reversing the judgme......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

Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)

....ndents and held that the decree for specific performance was fraudulently obtained and therefore the respondents did not acquire title to the suit premises and dismissed that suit. S.C.C. Judge had no jurisdiction to go into the question of paramount title, and in doing so to set aside the decr......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   ......uit premises was about to be taken over by the Custodian of Enemy Property and proforma-defendant 3 moved the authority con­cerned for release of the same and get the prop­erty released by an order dated 18-8-66. Defendants 1 and 2 on getting scent of aforesaid order of release of the suit p......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   ..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1

Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)

.... 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. ......pecifically provided in a statute such power cannot be read into it and exercised. Before the provision for review was brought into this statute by amendment there was provision for appeal against an order of sentence of a Martial Law Court and the appellate power specifically included the power of ......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)

....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.   ...... its Administrative officer. In this con­nection it may be observed that the petitioner, was ultimately absorbed in the service of Bangladesh Chemical Industries Corporation and when the impugned order of dismissal was served upon the petitioner, he was the employee of the Corporation as such an......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

Abdul Bari Vs. State, 1980, 9 CLC (HCD)

....nance. 5. Mr. S.K. Sinha, learned Advocate appearing for Opposite Party No. 2 has, on the other hand, submitted that in the instant case the enquiry under sub-section (2A) of section 202 was already completed before the- coming into force of the Law Reforms Ordinance and there was no further sc......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   ......opposite party No. 2. Moazzem Hossain, Deputy Attorney General-For the State. Criminal Revision No.64 of 1980 Judgment Md. Altaf Hossain J.—This Rule is directed against an order dated 30-1-80 passed by the learned Additional Sessions Judge, Sylhet in Crl. Motion No. 9/111......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   ..

Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1

Mansurul Aziz & Another Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others, 1980, 9 CLC (AD)

....s to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ......uthority to the Deputy Commissioner to requisition certain immovable property for a public purpose. Providing accommodation to a government office is no doubt a public purpose. But to justify such an order a case is to be made out that alternative accommodation is not available, and it is essen­......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ..

Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2

Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)

.... Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57   ......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57   ......t is found that the defend­ant without being in possession, wants to dis­turb the possession, the Court cannot be power­less to grant temporary injunction in an appro­priate case. The order granting injunction must be a speaking order………… (5) Case Ref......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57   ..

Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1

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

....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.    ......General-For Respondent No. 2. W. P. 43 of 1978 Judgment Syed Muhammad Hussain J. - This rule arising out of an application under Article 102 of the Constitution is directed against an order passed by the Additional Deputy Commiss­ioner, Land Acqusition, Dacca on 19-7-77 requisiti...... 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)

....ed and others……………………………Petitioners Vs. Ali Ekabbar and others…………………………Opposite Parties Judgment September 11, 1980. Result: The Rule is made absolute. Lawyers Involved: Md. Ayub - For the Petitioner. None - For the Opposite Pa......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. ....... De­fendant Nos.1-9 entered appearance but later on compromised the suit with the plain­tiff. The suit was decreed on compromise against the defendants 1-9 and ex parte against defendants 10-17 by order dated 5.7.71. Thereafter, defendants Nos.1 to 3 filed an application before the learned Munsif......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