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Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first part deals with collaboration, the second part deals with the of ideology of Pakistan and the third part deals with the support of the elements inimical to the liberation struggle or cre......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......ights shall he deemed to be transferred," or similar words importing retrospection. I can find nothing in this section to indicate that it is retrospective in its operation, and I think that the plaintiff cannot succeed unless the Act is held to be retrospective." 51. Precisely Presid..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......or the Petitioner. Abdur Rab-II—For the Opposite Party. Civil Revision No. 325 of 1981. Judgment Abdul Wadud Chowdhury J. — This rule is directed against the judgment and order passed by the learned Additional District Judge, 4th Court, Dacca dated 20.12.79 in Misc. ......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......79 affirming those dated 30.7.79 passed by the learned Subordinate, Judge, 3rd Court Dacca, in Misc. Case No.273 of 1978 arising but of Title Suit No. 140 of that Court. 2. The opposite party as plaintiff filed the suit against the petitioner for ejectment. The petitioner filed written statemen..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
....ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ...... are that the father of the petitioner by a deed of Waqf registered on 14.6.51 created a Waqf. It was provided in the said deed that after his death his daughter opposite party No. 2 Nurunnahar Begum and his grand-daughter opposite party No. 3 would jointly become Mutawallis of the said Waqf Estate.......ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ...... party No. 2 as the sole Mutawalli. 3. The petitioner preferred an appeal before the learned District Judge, Chittagong u/s. 32(2) of the Waqfs Ordinance, 1962. The opposite" party No. 3 as plaintiff instituted Other Suit No. 5/77 in the 1st Court of Munsif at Sadar, Chittagong for a decla..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......………………………Respondents Judgment January 8, 1981 Result: The appeal is allowed. Case Referred to- M/s. Dulichand Omraolal Vs. Bangladesh 1981 BLD (AD) 1. Lawyers Involved: MS Dilichand Omraolal......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ...... Chiranjib Sen on 2nd November, 1958 who died on 21st January, 1966. In between came the Indo-Pakistak War in 1965 and the properties of persons residing in India were declared as enemy property. The plaintiff in 1968 filed an application for Letters of Administration and the moot question raised on..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ......e Court Suit Respondents filed S.C.C. suit for eviction of appellants from suit premises claiming title to the premises on the basis of a decree for specific performance passed against the landlords of the appellants. Appellants challenged the title of respondents contending that the ......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ......ises and dismissed that suit. S.C.C. Judge had no jurisdiction to go into the question of paramount title, and in doing so to set aside the decree of a civil Court obtained by predecessor of the plaintiff in a suit for specific performance of contract. The Small Causes Court has no jurisdiction..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask fo......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......emporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask for temporary injunction against the defendants restraining them fr..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)
....he defendants 10-17 will be struck of the decree. The order of the learned Munsif for restoration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ...... This Case is also Reported in:35 DLR (HCD) (1983) 86. ......he defendants 10-17 will be struck of the decree. The order of the learned Munsif for restoration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ......toration of the suit under P.O. 12 of 1972. 2. The learned Munsif by order No.18 dated 17.3.73 set aside the ex parte order dated 5.7.71 and restored the original suit. An application filed by the plaintiff under section 151 of the Code of Civil Procedure on 18.6.73 was also rejected on 20.7.73 b..Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29
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 ......ent for the principal does not require registration except that its authentication under the law is necessary …………… (5) Whether Power of attorney executed and authenticated by a Magistrate or Notary Public in a foreign country could be acted upon as ......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 ......n) Rules, 1973 S. R. Pal, Senior Advocate- appearing as Amicus Curiae C. A. 100 of 1979 from S.A. 973 of 1967 Judgment K. Hossain CJ. - This appeal is by the heirs of the original plaintiff and the question of law involved is of some public importance, in that, whether a power of..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ...... Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: Faqueer Shahabuddin Ahmed with Moazzammel Huq Bhuiyan, Rabia Bhuiyan and Shah Abu Nayeem, Advocates-For the petitioner. S.R. Pal with Anil Chandra Sarker and S.R. K......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ......e party No.1 Asrarul Hossain with Abdul Azim, Advocates-For the Opposite party N.2. Judgment Civil Appeal No. 822 of 1980 Ranadhir Sen J. - This Rule, at the instance of the plaintiff, is directed against the order dated 16-6-80 of the learned Subordinate Judge, refusing th..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......ellip;………. 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. Duggiarala Pitchayya, AIR 1946 Mad 497; Thakur......ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......udgment Amirul Islam Chowdhury J.— This Rule was directed against the order dated 19-11-79 passed by Mr. H. Hoque, Subordinate Judge, 3rd Court, Dacca in T.S. No. 152 of 1973 allowing plaintiff's prayer for amendment of the plaint. 2. Facts giving rise to the present rule ar..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267 ......tuted the aforesaid suit for a decree: (a) declaring that the plaintiff is the legally elected Chairman of No.1, Bangora West Union Parishad on the basis of the Chairman election held on 15.1.84 and the defendant No.1 is bound to publish the result in the official Gazette; (b) restraining......Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267 ......shy;tioner's application filed under Order 7, rule 11 of the Code of Civil Procedure. 2. Plaintiff-Opposite Party No.1 instituted the aforesaid suit for a decree: (a) declaring that the plaintiff is the legally elected Chairman of No.1, Bangora West Union Parishad on the basis of the C..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ......Kemaluddin Hossain CJ Ruhul Islam J Shahabuddin Ahmed J Hajee Md. Ahsanullah...................Appellant Vs. Arafatunnessa Bibi, being dead her heirs, Ali Ahmed and others...............Respondents Judgment July 8, 1980. Result: The appe......he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ......default order was without jurisdiction. 2. The matter arises out of a suit for specific performance of contract and the facts are that the High Court passed an ex parte decree subject to the plaintiff appellant's depositing in Court an amount of Tk. 350/-as balance consideration money by 2..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......t: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Nemai Kumar ……………….................................Appellant Vs. Ramesh Chandra Dutta and others...................Respondents Judgment June 30, 1980. Result:......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......is the appellant and the appeal stands on the question whether the Court of appeal below and the learned Single Judge of the High Court on right principle decreed the suit. 2. Facts are that the plaintiff is the nephew, and the principal defendant is the uncle, and the dispute between them cent..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
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. ...... 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 risk passes to the buyer, who is liable for subsequent charges, and payment for the goods be......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. ...... dated 30.11.65 of the learned Subordinate Judge, 1st Court, Chittagong in Money Suit No. 34 of 1959 of his Court whereby he decreed the suit for the amount claimed in the suit and costs. 2. The plaintiff's case was that in September, 1958 the defendant-firm at Chittagong contracted over ph..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
.... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ......the parties or their respective lawyers after the Pleader Commissioner submits his report. But if considerable time has elapsed between the last occasion when the Court had dealt with the proceedings and the submission of the report, it is only fit and proper, and, indeed there is a practice, that t...... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ......scellaneous Case No 76 of 1975 on 3-11-75 under Order 9 Rule 13 of the Code of Civil procedure along with an application for condonation of delay u/s 5 of the Limitation Act, which was opposed by the plaintiff-respondents. By judgment and order dated 21-5-79 the learned Subordinate Judge dismissed t..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......Judgment March 18, 1980 Result: The appeal is allowed. The pre-emptors cannot succeed on such an application-several co-sharers in the holding were omitted in the pre-emption case and they were not brought on record in spite of objection taken by the pre-emptees-- The instan......l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......he application of either party. The objection as to nonjoinder of necessary parties must be taken at the earliest opportunity by the defendant. Such objection provides an opportunity to the plaintiff to remove the defect by adding parties who were omitted. In taking objection on the ground..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......r Vs. Satya Bhoma Nath & others...................Opposite Parties Judgment March 3, 1980. Result: The Rule is discharged. Case Referred to- Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfun Naher Vs. Syeda Hashmat Ara, 21 DLR......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......g the view that the question of improvement of the land could not be agitated in the appeal preferred by the opposite parties No.1 and 2 as the petitioner did not file any cross-objection. Although a plaintiff or a defendant-petitioner does not file any cross-objection under Order 41 Rule 22 of..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ......ump does not help the tenant from the mischief of default- A tenant by making payment of rent in lump shall ordinarily be treated as a defaulter in the payment of rent in terms of section 18(1) and 18(5) of the Premises Rent Control Ordinance, 1963, unless there is a contract to the contrary o...... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ......ct was served and accepted by him, and in the said notice the tenancy was terminated with the expiry of the month of Bhadra, 1376 B.S. but the defendant did not vacate the premises. 2. The plaintiff alleged that the defendant was a defaulter and the premises was required bona fide for the..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....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. ...... others Vs. Government of the People Republic of Bangladesh & others, 1977 BSCR 32; Serajuddin Bepari & others Vs. Mizanur Rahman & others, 29 DLR ($C) 82,; S.N. Gupta & Co. Vs. Sadaananda Ghoss & others, PLD 1960 Dacca 153. Lawyers Involved: Amirul Islam with Abdu......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. ......an application under Order 39 rule 1 of the Code of Civil Procedure praying for temporary injunction upon the defendants and restraining them from releasing the film namely 'Diwana'. The plaintiff petitioner instituted T.S. No. 532 of 1972 in the Court of Munsif, 3rd Court, Dacca agains..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....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 ......in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb AIR 1965 (SC) 60; Goalunda Fishing Industries Vs. Pakistan, (1970) 22 DLR (Dacca) 349; Errington Vs. Errington, in 1952 (1) All E.R. 149; Cobb and another Vs. Lane, in 1952 (I) All E.R. 1199; Issac Vs Hotel De Paris Ltd., (1960) 1 All E.R. 348......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 ...... Judgment Mustafa Kamal J. - These two second appeals have been preferred against a single judgment of affirmance dated 31.3.65 passed by the Subordinate Judge, Second Court, Sylhet. 2. The plaintiff Dhamai Tea Company Ltd. filed T.S. No. 76/58 in the Court of the Munsif, Second Court, Mou..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
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