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Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....ted as follows:—Respondent Nos. 1 to 14 filed under rules 7 and 9 of Order XXXIV of the Code of Civil Procedure, a suit being O/S No. 49 of 1945 in the Second Court of Subordinate Judge, Chittagong for redemption of a kot-mortgage. Their case was that Mohammad Ashraf Chowdhury, their predecessor......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......ess, foreclosure of the kot-mortgage was not applied for. The mortgagee and after his death his heirs continued to possess the mortgaged land and they are still in possession of the properties. The plaintiff-responders who are the succession-in-interest of the mortgagor also stated that in view of..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....ned by the appellant against Respondent No. 1 and 2 was stayed. 2. The appellant instituted a suit in the Court of the Subordinate Judge, Khulna being Title Suit No. 1000 of 1966 for specific performance of a contract for sale of land against Respondents No. 1 and 2, the t...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......e 1 of the Code. The claim in the said suit is stated to be one for setting aside the exparte decree passed in Title Suit No. 1000 of 1966 and the grounds, as alleged in the proposed plaint, are, in brief, that there was no agreement for sales of land between the appellant an..Category: Property Law | Date: | Hits: 61
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....; Judgment Kemaluddin Hossain J.- In this appeal the question of law involved is, whether the appellant who is a government officer and therefore a public servant and was on deputation on foreign service basis to serve the Chittaranja...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ......edecessor of the appellant as Administrative Officer of the Company. While the appellant was so serving in the company on 31-12-1970, Respondent 2, a trustee of the Provident Fund Trust lodged a complaint before the Sub-Divisional Magistrate, Dacca alleging that the appellant had forged a pr..Category: Employment/Service Law | Date: | Hits: 81
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... Sathiaram Nayar, AIR 1970 Kerala 95 ; Shyamlal Purchit Vs. Jagannath Roy, AIR 1969 Cal. 424; Charanjit Lai Chowdhury, Vs. Union of India AIR 1951 S.C. 14; Shaw & Sons (Salford) Ltd. Vs. Shaw, (1935) 2 K.B. 113 C.A.; Hanumat Gouda Vs. Chichi Giri Gouda Yogan Gouda.&......inarily without any reference to the previous state of the law on the subject of the English law upon which it may be founded; but when it is contended that the Legislature intended by any particular amendment to make substantial changes in the preexisting law, it is impossible to arrive at a conc......title him to bring an action for setting aside the said sale under Order 21, rule 90 of the Code. "The rule in Foss vs. Harbottle, as I understand it, comes to no more than this. First, the proper plaintiff in an action in respect of d wrong alleged to be done to a company or association of per..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....ivision refusing to interfere, in exercise of its revisional jurisdiction, with an order of a Subordinate Judge setting aside an order previously made by his predecessor, issuing a commission for examination of two witnesses in India. 2. The appellants have instituted a suit in ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......espondents No. 1 and 2 by Respondent No. 3, representing himself as an attorney of the appellants and their two co-sharers, is void and without legal effect. The main allegation in the plaint is that the power of attorney, which was purported to be executed by the appellants and thei..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
.... Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by S.M. Huq. Advocate-on-Record.—For petitioner. Not represented—For the Respondents. Civil Petition for Special Leave to Appeal No.57 of 1977. (From the Judgment and Order dated the 28th Jan......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......xt submission of Mr. Sobhan, is that the finding of the learned Judges of the High Court that there is no allegation that the initiation of the proceeding is malafide, is not correct, as the plaintiff has in the plaint made out a case of collusion and malafide. Though the submission of Mr...Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ker, Senior Advocate — For the Petitioner. Mian Abdul Gafur, Advocate, instructed by B.C. Pandey, Advocate-on-Record. Md. A. Aziz, Advocate-on-Record— For the Respondents. Civil Petition for Special Leave to Appeal No. 36 of 1977. (From the Judgment and Order dated 7-1-77 passed by t......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......that sort of tenancy, but that is not the position in the instant case. 7. Learned Counsel has placed before us the description of the subject matter of the tenancy as given in the schedule to the plaint of the suit as well as of the decree passed therein, which has been quoted in paragraph 1 o..Category: Tenancy Law | Date: | Hits: 89
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....ndeswari Aushadhalaya………...Respondent (In Appeal No. 13 of 1975) M/s. Sakti Aushadhalaya (P) Ltd………………………………Respondent (In Appeal No. 24 of 1976) Mr. M.A. Quddus for M/s. Ayurvedic Kutir .......Respondent (In Appeal No. 25 of 1975) Judgment February 2, 1...... expressly empowers the Government, amongst others, to fix the spirit strength of medicinal preparation which is liquor within the meaning of the Act, and whether it is correct in holding the amendment of rule 15 ultra vires the Act. (2) Whether the High Court Division is right in holdi......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
.... the given date of acquisition was of the notice under section 93A (4) (a) or gazette notification under section 93A 4(h). 3. The Deputy Commissioner of Dacca assessed the compensation for the Chala land at the rate of Rs. 3,500/-per acre, and Rs. 2,800/- per acre for the Nal land. T......shy;tion of the property which has been acquired. The provisions set out, no doubt, have given all the necessary details governing the assessment of compensation, nevertheless, because of the amendment introduced by Ordinance XIH of 1963 on 15. 8. 1963, a question has arisen as to the rule ......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....le 98 of the then Constitution of Pakistan by which certain notices issued by Respondent No. 2, the Assessing Officer, asking the said Companies to furnish returns in respect of their holdings for the purpose of imposition of tax under the East Pakistan Urban Immovable Property Tax Act,......otification was illegal, because of non-mention of any authority competent to issue such Notification sub-section (3) of section 1 of the Act was amended by East Pakistan Act V of 1967 and by such amendment the Provincial Government of East Pakistan was mentioned as the authority competent to is......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Barber vs. Manchester Region......learned Attorney-General did not press the second point as to the maintainability of the petition under Article 102 of the Constitution in view of the fact that the statutory Corporation has now by amendment of the General Clauses Act is regarded a Local Authority. 5. This appeal has been hear......ion in respect of distribution of ration cards by the Y. D. Cs and checking up of the statements and returns thereto to apprise J. D. Y. (P & A) of the weekly progress; (3) Attending to public complaints and investigation of the same as and when necessary with the approval of J. D. Y. (P&A..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....p; Mahmud Husain C J: This appeal by special leave is against a judgment of a Single Judge of the High Court Division passed in Civil Revision. 2. Respondent No. 1. filed a title suit for declaration that the order dismissing him as Grade-II Officer (2nd officer) in Janata Bank, Mun......ank, Head Office, Dacca. The appellant filed an application under Order 7, rule 11 of the Code of Civil Procedure for rejecting the plaint. The respondent thereafter filed an application for amendment of the plaint whereby he wanted deletion of the second prayer, namely, that the responden......ce as Grade-H Officer under the Managing Director, Janata Bank, Head Office, Dacca. The appellant filed an application under Order 7, rule 11 of the Code of Civil Procedure for rejecting the plaint. The respondent thereafter filed an application for amendment of the plaint whereby he ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....C. (Pak) 307; Ramchandra Datta Vs. Jogesh Chandra Datt (1873) 19 W.R. 353; National Telephone Company Limited Vs. His Majesty's Post Master General, (1913) A.C. 546 (H.L.); Secretary of State for India vs. Chelikani Rama Rao, L. R. 43 LA. 192 same case I.L.R. 39 Mad. 617 same case 20 C.W.N......se under clause (a) sub-section (4) were served on 18.9.1961, and notices under clause (h) of sub-section (4) were published on 3.10.1963. Since the last mentioned notices were published after the amendment by Ordinance III of 1965, the learned Attorney-General has rightly abandoned the poi......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Habibur Rahman Howlader Vs. State and another, 2001, 30 CLC (AD)
.... November 7, 2000. Result: The petition is dismissed. The Negotiable Instruments (Amendment) Act, 1994, Section 138 Since a legal notice was served within fifteen days of information of return of the cheques, there was no valid ground for quashing the proceeding. Lawyer......ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ......ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ..Category: Business or Commercial Law | Date: | Hits: 117
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....cord—For the Petitioner M Shafique Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 221 of (From the Judgment and Order dated 29-06-2000 p......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ......o dispose of the suit expeditiously preferably within three months from the date of receipt of the copy of the judgment. 2. The short fact leading to this petition is that the plaintiff respondent filed Title Suit No.3 of 1999 under section 20(2) and 21 of the Trade Marks Ac..Category: Intellectual Property Law | Date: | Hits: 224
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... The Companies Act, 1994 (XVIII of 1994), Section 233 The Companies Act, 1994 has given wider power to the Court under section 233 for the protection of the interest of the minority share holders. The High Court Division passing t......ng Director respectively in place of former Chairman and the Managing Director. The resolution adopted changing the articles were submitted to the Registrar, Joint Stock Companies for recording the amendment of Articles 101(a) and 145. Although respondent No. 2 (petitioner before us) was replaced...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
.... Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference. Lawyers Involved: MA Jalil, Adv......urt Division in Civil Revision No. 3509 of 1999 discharging the Rule upholding order dated 10-5-1999 passed by the learned Assistant Judge, Assasuni, Satkhira in Title Suit No.173 of 1998 allowing amendment of the plaint. 2. The short fact leading to this petition is that th......Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference. &..Category: Procedural Law | Date: | Hits: 82
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowe......t Judgment December 10, 1996. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may......; Judgment Md. Abdur Rouf J.- This appeal, following leave, by the plaintiff is from the judgment and order dated 13-1-93 passed by a Single Bench of the High Co Divi..Category: Property Law | Date: | Hits: 58
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....der VII rule 11 Cause of action Only the averments made in the plaints are to be considered to come to a finding as to whether those disclose a cause of action and while deciding an application for rejection of the plaint the court must not travel beyond the averments made in the plaint.............gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ......k Ltd. and another.................. Respondents Judgment June 26, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Cause of action Only the averments made in the plaints are to be considered to come to a finding as to whether those disclose a cause of action and..Category: Civil Law | Date: | Hits: 105
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
....ode of Civil Procedure, 1908 (V of 1908) Order XXII rule 9 The suit as a whole had not been abated on account of death of one of the appellants during pendency of the appeal before pronouncement of the judgment of the appeal. The suit being one for declaration of title the r...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......favour of Mohiuddin Ahmed and further deed of sale dated 12-5-1975 by defendant Nos. 1 to 8 in favour of defendant No. 9 in respect of certain property mentioned in schedule “C” of the plaint was false, fraudulent, collusive without any consideration and void and to have those deeds ..Category: Property Law | Date: | Hits: 46
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