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Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ...... Vs. Babar Ali Bepari & Others………………… Respondents Judgment August 27, 1980 Result: The appeal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such pow......le lands on amalnama dated 20th Bhadra, 1359 B.S. and that on 19.2.58 Abdul Jabber sold the land to one Siam Sardar from whom the plaintiff purchased on 22.9.58 Bhattacharjees also made a contract to sell the 'Kha' schedule and other lands to the plaintiff, but thereafter the Bhattacharjee w..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
.....152 of 1978 in the Court of 3rd Subordinate Judge, Dacca against defendant Nos.1 and 2 for a decree for specific performance of a contract in respect of certain household property on the basis of an agreement dated 10-2-73 entered into between plaintiff and defendant No.1. On an application under O......hid………………………. Opposite Party Judgment August 6, 1980. Result: The rule is accordingly discharged. Case Referred to- Durgaprasad & another Vs. Deepchand & others, AIR 1954 SC 75; Methu Vehemandu Vs. D...... No. 1 in his written statement and the added defendant Nos.3-5 in their joint written statement have stated that the defendant No.1 did not execute the deed of agreement in suit and did not agree to sell the disputed household property to the plaintiff and that the agreement in suit is a forged, fr..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)
....fit or gain in the business meaning thereby an income as such. Their Lordships of the Privy Council held that such amount of compensation received on account of the termination of an agency agreement was not an income liable to be taxed in the hands of the assessee as such. Such agency agr......on having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ..Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ...... The Appeal is dismissed Sale of Goods Act (III of 1930), Sections 19 & 23 F.O.B. Contract (Free on board contract)– F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the r...... Result: The Appeal is dismissed Sale of Goods Act (III of 1930), Sections 19 & 23 F.O.B. Contract (Free on board contract)– F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
....f association of any scheduled industrial enterprises or, as the case may be, the industrial enterprises placed under a Corporation by an Order under clause (1) of Article 10, or in any charter, agreement, contract or other instrument whatsoever, the Government may, in respect of any such indus......called the Enterprise). His order of appointment as the Administrative Manager of the Enterprise which is contained in the letter from the Minister for Labour is as follows:
"In recognition to his all dedicated and efficient participation in the liberation struggle of Bangladesh Mr. M......vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....of the Constitution cannot be denied. The power of the superior Courts' can by extended to examine jurisdiction of Martial Law Court when it is found that it is coram non-judice. I find myself in agreement with the view expressed by the Supreme Court of Pakistan in the case of State Vs. Zia-ur-R......s. Bangladesh & Others…………….....................Respondent Judgement March 27, 1980 Result: The appeal is dismissed. Case Referred to- Halima Khatun Vs. Bangladesh, 30 DLR (SC) 207; State Vs. Haji Joinal Vs. Abedin, 32 DLR (AD......passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....alidity of some laws which will be mentioned hereinafter. 3. Facts of the case in Writ Petition No. 85 of 1974 are that the respondent No. 1 purchased the land from respondent No. 3 with an agreement to recovery of said land. The agreement is date 26-4-63 which stipulated that the lan......ni Biswas & others ……………………Respondent Judgment March 19, 1980. Result: All the appeals are allowed. Case Referred to- Ram Kinkar Vs. Satya Charan, 66IA 50; Macbeth Vs. Chistell, (1910) AC 220; Grev Vs. P......t;it is more than likely that such a form of transaction shall fall into disuse in no time". It considered that the . right of re-purchase is a 'privilege' granted for the benefit of the seller which is essentially personal in character. The President's Orders were considered i..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
.... up earnest money, security deposit, etc. on account of an alleged breach of contract by the petitioners with the Directorate General of Defence Purchase on account of an alleged non-fulfilment of an agreement. This impugned notice was subsequently followed by another letter dated 29th Septembe......ip;…………………………….Respondent Judgment March 5, 1980 Result: The Rule is made absolute. Case Referred to- Abdul Hadi, Managing Partner, Hadi Brothers Vs. EPWAPDA, W.P. No 448 of 1968 (un-repor......This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78 ..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....d in 29 D.L.R. (SC) 82. 5. It appears that the learned District Judge while considering the merits of the case held that the petitioner was entitled to a monetary compensation as pet term of the agreement in the event of appellant's violating it. He also observed observed that if the stay i...... Hossain & others…………………… opposite parties Judgment January 23, 1980 Result: The rule is discharged. Case Referred to- Mohammad Nural Islam & others Vs. Government of the People Republic of Bangladesh &......e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93. ..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....ting to the other part. This is the initiation of raising of 'industrial dispute.' Then a period of seven days has been provided for negotiation between the parties with a view to reaching an agreement on the issues raised in the communication through the medium of a dialogue. If the parties......hellip;…Respondents Judgment January 7, 1980 Result: Civil Appeal No. 26 and 27 of 1978 are allowed. Appeal Nos. 46 and 47 of 1978 are disposed of. Case Referred to- General Manager, Hotel Inter-Continental vs. Chairman, Second Labour Court, Dacca, 28 DLR 1...... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....uggest a tenancy. Further, in the plaint itself the transaction in question has been described as a lease in more than one place. The appellate Court below then noticed some of the provisions, of the agreement in question Ext. 1(c). In clause I thereof the defendants was authorised "Jo hold&quo......ip;…………………………..Respondent Judgment December 11, 1979. Result: All petitions are dismissed Cases Referred to- Abdullah Vs. Ahmed Din, reported in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb A......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
....e High Court Division in Writ Petition Nos. 654 and 655 of 1976.
The points for consideration are whether the courts below erred in law in not considering the second stipulation of the agreement which manifestly reserves with the company the power to take appropriate disciplinary ac&s......LR (AD) (1979) 329.
......of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....dur Rahman Choudhury, however, expressed to him to make a document of gift. He further deposed in his cross-examination that Abdur Rahman Choudhury gave the documents of the suit property and another agreement for lease to the plaintiff No.1. He stated that he did not see giving of any rent receipt ......rred by delivery of title deed. The provision of s.23 of the Non-agricultural Tenancy Act prohibiting transfer of non-agricultural tenancy without a registered document shall not apply to gifts of immovable property by a Muslim. A valid gift of immovable property with buildi...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....mpromise. Order 23 Rule 3 of the Code deals with compromise. It reads as:- "Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole......tioner Vs. Ali Ahmed Sikder & others………… opposite parties Judgment April 5, 1979 Result: The Rule is disposed of. Case Referred to- Md. Saddat All Khan Vs.The Administrator, Corporation of City Lahore, AIR 1949 Lah 186, Ana......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....respondent 1, being the highest bidder, and out of the consideration of Tk. 93,000/- he paid Tk. 23,520/- on December 12, 1965; and the respondent being unable to pay the balance entered into an agreement with the Daud Petroleum Limited for subletting the suit land for a period of 30 years, on ......ellant. Rafique-ul-Huq, Senior Advocate, instructed by B. Hossain, Advocate-on-Record - For the Respondent No.1. Abu Bakkar, Advocate-on-Record - For the Respondent No.4. K. A. Bakr, Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.9......ng dealership in petroleum to the respondent. As per agreement possession of the suit land was delivered to the Daud Petroleum and the latter constructed the petrol pump and respondent 1 started selling petroleum as a dealer of Daud Petroleum from 1971. In February 1972 the respondent 1 approac..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
....ch a case the Special judge takes cognizance independent of section 190(1)(b) and on the basis of the power as contained in section27(1) of the Special Powers Act. We are in respectful agreement with the said view. As section 27(1) of Special Powers Act corresponds to sectio......and another……………………Opposite parties
Judgment
March 9, 1979.
Result:
The rule is accordingly discharged.
Cases Referred to-
Dost Mohammad Vs. The State, (1977) 29 DCR 122; Salimuddin Ahmed Vs. The State (1976) 28 DL...... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
....rch 9, 1979
Result:
Both the petitions are dismissed.
No lack of power of the Government to make the promise—Government bound by the promise.
Government took the decision on agreement to release the Mill in question. Lack of power on the part of the Government so to do is n......lip;…………………..Respondents
Judgment
March 9, 1979
Result:
Both the petitions are dismissed.
No lack of power of the Government to make the promise—Government bound by the promise.
Government took the decision on agre...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....on the facts and circumstances of the present case to enter upon any detailed examination of the decisions cited or any elaborate discussion of .this rather interesting question, for we are in entire agreement with the High Court that neither the learned Guardian Judge 1 nor the learned District Jud......esented by the Secretary Ministry of Home Affairs and others……….Respondent Judgment September 26, 1978. Result: The Rule is made absolute. Cases Referred to- Ramji Lal Vs. Rex AIR 1949 East Punjab 67; Kishori Lal Vs. Crown ILR 1945 (Lah) 573; Malhar......now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....ration of the Managing Director at a fixed rate, and also of the Directors at the same rates on certain conditions. Chairman's remuneration is found to have been provided for by some other mutual agreement and when the Managing Director's remuneration was Tk. 2500/- p.m. Chairman's remun......hellip;..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: The appeal is allowed. Cases Referred to- In re Yenidje Tobacco Co Ch. Div. 1916 (2) 426; Shri Ladli Prasad Vs. The Karnal Distillery......ng up petition respondent No. 2 (Managing Director) met the authorities of the Sangstha and saved the situation by promising to submit a fresh proposal to pay the instalments including a proposal for selling out some of the old vessels of the Company and depositing the sale proceeds to the Sangstha...Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....ers have filed copies of the correspondence between them and the complainant opposite party which would show that the parties were doing business from before and the amount was paid as advance as per agreement. 8. Section 406 B.P.C. provides that whoever commits criminal breach of tru......i—For the State. Criminal Revision No. 327 of 1978. Judgment A.T.M. Masud J. –This Rule was Issued calling upon the Deputy Commissioner, Chittagong and opposite party No. 1 to show cause why the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Divisional Mag......r alia, the petitioners induced the complainant and one Mr. S. Alam to believe that they got 6020 and 644 woolly Georgette Saree materials which are otherwise known as Sippon Saree and they agreed to sell 14.000 yards at the rate of Tk. 28/-per yard and the petitioners were entrusted with Tk. 100,00..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
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