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Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)

....nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......i directed reinstatement of the respondent. Thereafter on 7.9.82 the respondent made a complaint under section 26 of the Standing Orders Act for punishing the appellant as well as the Ma­naging Director, Glaxo (Bangladesh) Ltd. for failing to implement the order and upon this complaint the L..

Category: Labour and Industrial Law | Date: | Hits: 115

M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)

....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......1981. 2. Appellant No. 1, M/s. Gannysons Limi­ted was incorporated under the Companies Act in East Pakistan, as it then was, on 19th September, 1962. Appellant No. 2 is a resi­dent Director holding 19,000 shares of the company since 1962. Other Directors are (1) Ashraf A. Ganny, ..

Category: Property Law | Date: | Hits: 47

Md. Muzaffar Hossain Vs. King Fishers Indus­tries Ltd. and ors., 1984, 13 CLC (AD)

....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......'s costs." 7. On December 20, 1980 the fleeing away of Trawler BT—102 was reported to the Commodore Commanding, New Mooring, Chittagong by the appellant. Copies of the same were sent to (1) The Director, Direc­torate of Fisheries, (2) The Collector of Customs, (3) The Principal Officer, Mer­..

Category: Anti-Corruption Laws | Date: | Hits: 113

Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)

....ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ......ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ..

Category: Property Law | Date: | Hits: 45

BD Inland Water Transport Cor­pn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)

....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 204

Bangladesh Agricul­tural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)

....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......ral Manager, Supply, BADC, Assistant Manager, Movement BADC and Movement Officer, BADC, Narayanganj. Plaintiff-respondent forwarded a photo copy of the application to the Chairman, BADC and Member-Director (Supply) BADC for taking necessary action. Subsequently, Darwan filed a criminal case agai..

Category: Employment/Service Law | Date: | Hits: 63

Abdus Salam Mas­ter alias Salam and another Vs. The State, 1983, 12 CLC (AD)

....naging Director of a Pri­vate Limited Company, executed a false 'deed of transfer' in respect of certain shares of the Company and also forged the "Minute Book" of the proceedings of meetings of the Board of Directors of the Company. The first com­plaint which had been filed on March 17, 1954 was ....... In the said Indian case, the first com­plaint was lodged in 1954 on the allegation that the accused persons, among other things, forged an "Agreement' by which Accused No. 1 was appointed Managing Director of a Pri­vate Limited Company, executed a false 'deed of transfer' in respect of certain s..

Category: Criminal Law | Date: | Hits: 79

Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)

....rt also accepted the plaintiffs' case that the brothers had separated in 1329 BS not in 1308 BS as contended by the defendants. The trial Court noticed Ext. 11 the Assessment Register of the Union Board and found that the assessment in 1328 BS was made in the name of Mali Miah alone and the asse......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..

Category: Property Law | Date: | Hits: 28

State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)

.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 38

Modern Shipping Agencies Vs. Central Inland Water Trans­port Corpn. Ltd. & anr, 1991, 20 CLC (AD)

....89) 10; Mt. Kulsoomun Nissa and another Vs. Noor Mohammad @ Sultan Haider and another AIR 1936 (Allahabad) 666; Firm Kaura Mal Vs. Firm Mathra Dass AIR 1959 (Punj) 646; Mohammad Yousuf Vs. Member, Board of Revenue, West Pakistan, Lahore & 6 others 1970 SCMR 70. Lawyers Involved: ......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ..

Category: Procedural Law | Date: | Hits: 104

Muzaffar Ali and other Vs. Government of Bangla­desh and another, 1991, 20 CLC (AD)

....ning from No. 1578 Gnl. dated 15.11.68 till date which are to be found in Chapter IX under the heading "Exchange Case" of the Land Administration Manual, published by Land Administration Board (Ministry of Land) on 1st. December, 1987. Relying upon the said circulars particularly the o......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..

Category: Property Law | Date: | Hits: 36

Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)

....ndents Judgment June 24, 1990. Cases Referred to- ALN Satnappa Chetti & ors Vs. Thayyanyaki Ammal, AIR 1942 Mad. 698; Anukul Chandra Chakravarti Chairman, Dhaka Dist. Board, AIR 1928 Cal 485. Lawyers Involved: Md. Mozammel Huq, Senior Advocate instructe...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..

Category: Civil Law | Date: | Hits: 99

The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)

....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......It will be recalled that it was with a view to emphasising the fundamental doctrine of Criminal law that the onus to prove its case lies on the prosecution, that Viscount Sankey in Woolmington Vs. Director of Public Prosecutions, 1935 AC 462, observed that" no matter what the charge or where the ..

Category: Criminal Law | Date: | Hits: 49

Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)

....his house alleging that at about 9 a.m. on 21-5-85 his brother Nur Mohammad Miji was pro­ceeding towards Dighirpar Bazar when he was called by his friend Salauauddin to the east of Dighirpar Un­ion Board, at that time fighting was about to ensue between the men of Zaglul Haider and J.M. Iqbal. It ......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282..

Category: Criminal Law | Date: | Hits: 48

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

..... received. No payment made and no objection filed. Issue notice under section 46 fixing 5.4.60. 17.4.61: Notice N/46 duly served. No ob­jection filed. Issue S.P. to be served on the No­tice Board, Thana Notice Board and Kismat fix­ing sale on 9.6.61. 9.6.61: Sale held to-day. No ou......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..

Category: Property Law | Date: | Hits: 35

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

.... no term for payment or assess­ment of rent for the suit land. In 1962 plaintiff, however, received a notice from the Revenue Circle Officer as per Memo. No.1207-E 80/58 dated 28.11.60 issued by the Board of Revenue. The Reve­nue Officer was alleged to have illegally assessed rents under section 5...... provision of law Government wrote the fol­lowing letter on 28th November 1960: "Office of the Board of Revenue, East Pakistan Memo.NoJ207-E-80/58-S &S dated the 28th November, 1960. To The Director of Land Records & Survey, E.P. Tejgaon, Dhaka, Sub: - Assessment of Land Acquired und..

Category: Property Law | Date: | Hits: 47

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

....e of the im­pugned action of the Government. 15. Next in the case of State of Assam V. Gauhati Municipality A. I. R. 1967 (SC) 1398 the State Government took the view that the Gauhati Munici­pal Board "was incompetent to perform or persistently makes default in the performance of the duties imp......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..

Category: Election Law | Date: | Hits: 118

Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)

....ient to note in passing that the concept of the dwelling house had received a very liberal interpretation. See Damodar v. Banwarilal A.I.R. 1960 Cal. 467. In that case there was intervention of Union Board Road between plots 1473 and 1596. The Court con­sidered that it was matter of little conseque......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ..

Category: Property Law | Date: | Hits: 45

Mozher Sawdagar Vs. M. Zahirul Alam, General Manager, BD Shipping Corporation & others, 1988, 17 CLC (AD)

.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29. ......vil Revision Nos 117 and 139 of 1987, Chittagong. 2. Appellant filed Other suit No. 20 of 1987 in the 1st Court of Munsif, Chittagong, against respondents Nos. 1 to 3, General Manager and Managing Director of Bangladesh Shipping Corporation and the Shipping Corporation itself, and also against re..

Category: Business or Commercial Law | Date: | Hits: 95

Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)

...., 1972 (dated 26th March, 1972) provided that all properties and assets which were vested in the Government of Pakistan or any officer appointed by such Government or were vested in or managed by any Board constituted by or under any law or in the former Government of East Pakistan shall be deemed t......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..

Category: Property Law | Date: | Hits: 47