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Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;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. ......;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. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....late Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh Bank .................................Appellant Vs. Debendra Nath Dutta …&hel......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
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....llate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Uttara Bank ……………………………&hellip...... 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
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....change Regulation Act (VII of 1947) violative of the equality clauses of the Constitution of Pakistan, 1956 as being discriminatory. The impugned provisions gave power to the Government or the State Bank to determine whether a person offending any provisions of the Act was to be tried under the ord......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. ..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: ......s follows: "Your services have been terminated with effect from 24-5-1979 (forenoon) under clause 7 (h) (v) of your contract/ letter of appointment. You may collect your final settlement dues including 90 days' pay in lieu of notice from the Accounts Department, which will pay the same..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... 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. ...... 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. ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....Appeal No. 22 of 1979 was tried by a Summary Martial Law Court, Patuakhali, on the charge of misappropriation of Taka 1, 53,949/00 by misusing and abusing his powers as Manager of Uttara Bank, Khepupara Branch and was convicted under Regulation II of M.L.R. 1 of 1975 and sentenced to ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
.... transfer or any agreement for such transfer, or change of management through a power of attorney or otherwise, but shall not include a mortgage to Government or to the Agricultural Development Bank or to the Agricultural Development Corporation or to a Co-operative Society or to such other ......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
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
.... Officer, Satkhira, and in due course the smugglers were convicted and sentenced by a competent Court of law and the seized articles were confiscated to the State and handed over to the Bangladesh Bank. The respondent claimed reward under rule 2 of the Resolution at the rate of 20% of the realis......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....on (6) of section 23A of Foreign Exchange Regulation Act, 1947 which confers right of appeal. The provision of appeal reads as under:— "Bangladesh Bank or any other person aggrieved by a judgment of a Tribunal may within three months f......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......paid any consideration for the kabala Exhibit 1(b) by which he purchased the property from Jainab Bibi. On the other hand, Exhibit B series .shows that the defendant had been paying municipal dues for the land in question and Exhibit E shows payment of rent to the Government by the defendan..Category: Property Law | Date: | Hits: 47
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......ation of the transfer has been mentioned as "principal" instead of price and the stamp-paper of the document was purchased by the executant. The learned Subordinate Judge further found that all the dues under the mortgage deed were extinguished by the produce of the land. The High Court Division..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....ed To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State (1981) 33 DLR (AD) 154; Harinagar Sugar Mills Vs. Shyam Sundar, AIR 1961 SC 1669; Bharat Bank Ltd. Vs. Employees of Bharat Bank, AIR 1930 SC 188; Indo-China Steam Navigation Co. Vs. Jasjit ...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
.....................Appellant Vs. Golap Rahman & another….......................... Respondent Judgment June 15, 1981. Cases Referred To- National Bank of Pakistan vs Md. Golam Mostofa, (1975) 27 DLR 158; Aminul Islam vs. James Finlay, (1974) 26......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....was arrested by the order of the Court and it was released on furnishing a bank guarantee for Tk. 30,00,000/-. Accordingly, the High Court Division directed that the decretal amount as covered by the Bank guarantee be released by encashing the guarantee. The counter claim by the defendant for demu......for the unification of rules relating to maritime liens, etc. in 926 enumerated in Article 2 that the following give rise to maritime lien on a vessel: (1) Law costs due to the state, pilotage dues, tonnage dues, etc. and other public taxes. (2) Claims arising out of contract of engagement..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
.... the suit had been filed to dishonour and humiliate her and to extort money from her. She also alleged that the plaintiff took away all her jewelleries which were kept in the safe custody of Habib Bank Limited, Dacca. She also stated that because of the bitter feelings developed between them she...... did not do that. Over and above it appears from the Income Tax Assessment Roll that the plaintiff and the defendants paid the income tax according to their share and cleared up Municipal dues accordingly". (c) "The properties were purchased jointly in the year 1..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ....... Rafique-ul-Huq, the learned Counsel for the creditor Shilpa Rin Sangstha, respondent No. 2, submitted that they repeatedly had given opportunities to the appellant company to repay the dues on easy instalments but the company always defaulted. Before the High Court Division, in the w..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour 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: 34 DLR (AD) 37. ......gh Court Division and the Labour 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: 34 DLR (AD) 37. ..Category: Labour and Industrial Law | Date: | Hits: 108
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:...... penalty would be imposed. The Taxation Officer, Narayanganj by another letter dated 8th' August, 1973 asked respondent to show cause why penalty should not be imposed for non-payment of Government dues. 4. Having failed to get any relief from the appellants, respondent filed Writ Petitio..Category: Fiscal/Taxation Law | Date: | Hits: 76