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Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......nbsp; Ruhul Islam J.- This appeal by special leave is directed against the judgment of the High Court Division in revision affirming the decision of the Subordinate Judge, Dacca, dismissing the application filed by the appellants ..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......er Gurudas Mondal, who, according to the suggestions made to the witness at the trial, was siding with the transferees. The learned Counsel appearing for the appellant referred to a decision of the Supreme Court of Pakistan in the case of Chandra Kumar Maladas Versus Abdul Motaleb..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......, 3rd Court, by his order dated 17.4.63 again allowed the Misc. Case. Thereafter the appellate court below by its order dated 16.-11.64 in Misc. Appeal No. 50/63 dismissed the appeal and affirmed the decision of the trial court. Then the High Court was moved in Civil Revision No. 749/64 and by its o..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... 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. ......estraining the Russian firm from enforcing it. The Russian firm opposed those applications but the trial Court granted the temporary injunction asked for. The High Court reversed the decision and the matter was ultimately taken to the Supreme Court. The Supreme Court quoted from H..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......ged the direction in question. Mr. Ahmad Sobhan referred to Article 102 of the Constitution and canvassed that such direction is not contemplated by the Constitution. He has referred to a decision of the Supreme Court of Pakistan reported in PLD 1970 SC 495. In that decision a question..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ...... figured as P.W.1, in the Miscellaneous case No. 60 of 1963 which was filed against the order of the Wakf Commissioner for recording the plaint schedule properties as Wakf properties. In that decision it was declared that the Darbarsharif and the mosque are not subject matter of the wa..Category: Civil Law | Date: | Hits: 91
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 section 47, Civil Procedure Code holding that limitation would start in this case from May 22, 1965 when the decree was drawn and signed. The learned Subordinate Judge in appeal, relying on the decision in Koshers Mohan Pal vs. Proves Chandra Manual AIR 1924 Cal. 351, reversed the Munsif&rsqu..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....he definition in General Clauses Act, this debt due to the Government of Pak instant has become a debt to the Government of the People's Republic of Bangladesh. This idea to the conclusion that the legislative amendment in the General Clauses Act by President's Order No. 147 of 1972 was not consid...... to show that the declaration (s) made be the assessee under this Regulation are false these will be rejected. The Assessee will have, however, the right to ask for an administrative review of this decision by the Central Board of Revenue. If his prayer is accepted his return etc, will be proces..Category: Fiscal/Taxation Law | Date: | Hits: 98
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. ...... to the proceeding and on such findings reversed the Munsif’s order. In revision under section 115, Civil Procedure Code. The learned Single Judge of the High Court Division relying upon the decision of his Division in Motilal Sikder vs. Binodini Dasi 28 D.L.R (AD) 5 held that the “l..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ...... title can be raised, for the question of title can be raised and determined only in a separate suit. He has further submitted that a third party, such as the respondent lessees, being not bound by a decision in the probate proceedings, are at liberty to question the testator's title in a separate..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... public interest. Notes appended to the Rules gave indication as to how the order of compulsory retirement was to be exercised. 49. In stating that the Notes were promulgated in exercise of legislative power and that they were contemporaneously made the Court observed that the functions of......scriminatory manner; (iv) discretionary power was not necessarily discriminatory and abuse of discretion was not to be easily assumed where discretion vested in the Government; (v) a long series of decisions of superior Courts in India and Pakistan upheld the discretion of the Government to orde..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....uditor-General of Bangladesh. It gets an allocation of funds from development project and its annual development programme has to be approved by the Planning Commission. Due to these measures, both legislative and executive, the status of the company changed from that of an ordinary limited compan......rounds of termination. 38. The appellant, being aggrieved by the aforesaid judgment and order of the High Court Division, moved this Court and obtained leave to consider the applicability of the decision to be given by this Court upon a similar question upon which leave had earlier been granted..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ...... vested in the person, he can be deprived of that right by a capricious or arbitrary executive fiat, without being challenged as being violative of the principles of natural justice. An unjust decision of an administrative authority affecting adversely the right of a person can be scrut..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, 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. There will be no order as to costs. Ed. ......ue of the notification of 3rd December, 1965 the transfer even by a Will was prohibited, and so the prayer for grant of Letter of Administration could not be sustained and in view reversed the decision of the trial Court and allowed the appeal and dismissed the suit and the question set out ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....essions 'done, purported to have been done" in exercise of the power or in the purported exercise of powers' have rendered the actions immune for attack it not tenable. These expressions are merely legislative device to protect those actions which are done in the exercise of jurisdiction and in do......Appeal No. 2 of 1980. (From the Judgment and Order dated 13.6.1979 passed by the High Court Division in Writ Petition No. 508 of 1979) Judgment Kemaluddin Hossain CJ. - I concur with the decision of my learned brother Ruhul Islam J. Fazle Munim J. - I also concur with the judgment ..Category: Constitutional Law | Date: | Hits: 292
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. ......ain from doing any act mentioned in the article…………..(10) No ordinary court can give protection to a member of the Defense Services or of any disciplined force in case he challenges the decision of the authority under which he serves……….(13) The tribunal being empowered by la..Category: Employment/Service Law | Date: | Hits: 102
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......ment of the Tribunal directing rehearing of the case by the Arbitration Court afresh suffers from clear want of jurisdiction and was made without lawful authority and of no legal effect. This decision is under challenge in this appeal on the ground that the learned Judges committed a substa..Category: Constitutional Law | Date: | Hits: 153
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. ......". 6. Proviso to sub-section (1) of section 17 of the Small Cause Courts Act is couched in such a language that in the matter of its interpretation there has been some sharp controversy. In some decisions it has been held that the requirement of making deposit in the Court the amount due from t..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......to this is section 85 of Evidence Act and clause (3) of section 33 of the Registration Act. It is to be observed that the Law of Nations recognises foreign notarial acts. On foreign notarial acts two decisions may be cited which may be of some assistance for our purpose. In the case of A.J. Primor..Category: Others | Date: | Hits: 128
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. ......and Tenancy Act, 1950. 2. The short question for consideration in this appeal is whether the learned Single Judge of the High Court correctly appreciated the ratio decidendi of the decision of this Court in Motilal Sikder vs. Benondini Dasi, 28 D.L.R (AD) 5, and whether the same..Category: Property Law | Date: | Hits: 73
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