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Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....l and also for compensation. Ad-interim injunction was obtained restraining the corporation from disposing of the vessel to any other person. The trial court decreed the suit in part and rejected the prayer for compensation with the observation: “Within 90 days from the Order provided the...... The appeal is allowed. Specific Relief Act (1 of 1877) Section 22 & 26 Sale of Goods Act (III of 1930), Section 58 Code of Civil Procedure (V of 1908). O.XLVII r.6 Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. A......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....he Order of the High Court Division that the writ jurisdiction is barred by the ouster clause in sub-Article (5) of Article 102 of the Constitution. The High Court Division also refused the prayer for certificate for leave on the ground that the Court had no jurisdiction to entertain the p...... lawful authority and when a person is serving out an order of sentence passed by a Court or tribunal, the jurisdictional validity of that order could be looked at. When such a question is agitated before the Court, the Court is first to see the provisions of the law as well as the provisions of the......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
.... to appeal to the Appellate Division against this decision of this court. In this view of the matter, he prays that the operation of the impugned order of requisition may be stayed for ten weeks. The prayer is allowed and the operation of the impugned order of requisition is stayed till 21st October......al J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and Md......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....re of the opinion that the amendment prayed for is to be allowed. Moreover, we are of the opinion that the amendment would not in any way change the nature and character of the case. Accordingly, the prayer for amendment of the cause title of the writ petition as to the description of the petitioner...... it could be said that the passport which Towab was holding at the time of his arrival at Tejgaon Airport is not a valid passport. It is not alleged by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in questio......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
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Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
....on of the suit the plaintiff prayed for attachment of for trawlers belonging to the defendant-appellant. The court allowed the prayed and directed attachment of the four trawlers, subsequently on the prayer of the plaintiff the court by another order dated 27.9.80 directed the Collector of Customs, ......udge directing attachment of four Trawlers.
2. Facts, in brief, leading to this appeal are that the plaintiff respondent instituted a money suit in the 3rd court of Subordinate Judge, Chittagong for recovery of Tk. 38, 75,000/- against the defendant-appellant. After the institution of the suit ......er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
......er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....l Huq on that date was engaged in the High Court Division and as such an application for adjournment of the case on that ground was filed before that court. The learned Subordinate Judge rejected the prayer. Another application was filed by the petitioner after the rejection of his first application......earned 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 statement and contested the suit. During the pendency of......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. ......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. ..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
....te after perusing the order passed by the learned Magistrate on 20-2-80 and being of the opinion that sanction was necessary to prosecute the police officer and constables under section 197 Cr. P. C. prayer for taking cognizance of the case was rejected. The petitioner thereafter moved this Cou......bul Hossain the younger brother of the husband of the petitioner protested when the accused persons and 2 police constables caught him and assaulted him. Thereafter the accused persons took away the aforesaid articles and Eksir Mia to the house of accused Tofel Ahmed where accused opposite part......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....o the conclusion that the DIT is a commercial establishment and the respondent No. 2 is a worker within the meaning of the Employment of Labour (Standing Orders) Act, 1965 and accordingly granted the prayers. The decision of the Labour Court was challenged by way of writ petition by the DIT. The Hig...... Improvement Trust is not a commercial or indurstrial establishment and its employees are not workers within the meanting of Employment of Labour (Standing Orders) Act, 1965 - Such employees connot enforce the provision of s. 18 of that Act relating to subsistence allowance pending inquiry into misc......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....d Letters of Administration. On appeal a Division Bench of the High Court Division held that by virtue of the notification of 3rd December, 1965 the transfer even by a will was prohibited, and so the prayer for grant of Letters of Administration could not be sustained and in that view reversed the d...... K. Hossain CJ. - The question involved in this appeal is whether the learned Judges of the High Court Division were correct in dismissing the suit brought by the predecessor of the appellants for the grant of Letters of Administration on the ground that the property in question being an enem......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....l and having been made without lawful authority and also for cancelling, withdrawing and/or rescinding it. Subsequent to the issuance of the Rule the appellant amended the Writ Petition by adding the prayer for giving direction to reinstate him in the posts held by him in the Institute. 4. Fact......ra wires the Constitution as the finding that the order under challenge is vitiated by malice in law is sufficient to dispose of the appeal. As regards the constitutionality of the section aforesaid, I like to adhere to the well established self-set rule which says, the Court will not......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
.... 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 for temporary injunction agains...... Judgment November 5, 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 plaint......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 ......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 ..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....l 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 the plaintiff's prayer for attachment before judgment under Order 38, rule 5 of the Code of Civil Procedure. ......l 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 the plaintiff's prayer for attachment before judgment under Order 38, rule 5 of the Code of Civil Procedure. 2. P......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 ......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 ..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....rul 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 are as follows: ......am 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 are as follows: That......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. ......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. ..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....fendants from holding fresh poll in Ward No.2 on 15.4.84 or on any subsequent date. By order dated 8.4.84 the learned Munsif asked the defendants to show cause within seven days against the prayer for temporary injunction and in the meantime restrained the defendants from publishing the re......t Court) in Title suit No.62 of 1984 rejecting the petitioner'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......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 ......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 ..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....nsideration money of Rs. 350/- made earlier on 11-3-70. The Plaintiff again made another application on 17th February, 1972 for converting the application to one under Order 9, rule 4 and this prayer was allowed, It is to be remembered that this order in substance is one of review, and that ......d Single Judge of the High Court Division correctly held that the executing Court can go behind the decree to see whether the extension of time granted to deposit the balance consideration money for the passing of a decree for specific performance of contract where there was an earlier defau......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: ......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: ..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.....W.1 Shahidul Karim, a brother of the deceased, lodged an information in the Motijheel P.S. accusing the appellant for the murder of his wife Saleha Begum. In the course of investigation, on the prayer of the Police dead body of the victim was disinterred and another post-mortem was hold by a B......o death by the judgment and order dated August 5, 1978 which has been duly confirmed. Against the order of conviction and sentence the appellant moved the High Court Division in its writ jurisdiction for an order declaring the proceedings taken in passing the judgment and order dated 5.8.78 in M.L. ......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 ......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
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....resh hearing. Thereafter the case was heard for the third time by the learned Munsif, 1st Court, Pirojpur. This time the learned Munsif by his order dated 30.11.76 dismissed the case and rejected the prayer for pre-emption holding that the case was not maintainable under sub-section (1) of section 9......f, 1st Court, Pirojpur in Miscellaneous Case No.7 of 1973 dated 30.11.76. 2. In this application the petitioner has challenged the order of the learned Subordinate Judge allowing the application for pre-emption filed under sub-section (1) of section 96 of the State Acquisition and Tenancy Act, ......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. ......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. ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....s it relates to Annexure 'C' to' the petitions, to the extent stated above are made absolute. 54. The Rules are accordingly disposed of without any order as to costs. 55. On the prayer of the learned Assistant Attorney General the operation of the order is stayed for a week, bu......6. In Writ Petition No.527 of 1979 petitioner Mohammad Faizullah, Deputy Secretary, Government of Bangladesh, Ministry of Local Government, Rural Development and Co-operatives, was selected for permanent appointment in 1965 by the erstwhile Government^ of Pakistan as a member of the former......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....ending, inter-alia, that the suit was not maintainable and raised several other objections as to valuation, Court fee, etc. They further alleged that the suit was not maintainable in the absence of a prayer for recovery of khas possession. The defendants contended that the plaintiffs acqui......ants. Fakir Abdul Mannan with Bazlur Rahman, Advocates-For the Respondents. F.A. 47 of 1975 Judgment Abdul Wadud Chowdhury J. - This appeal by the plaintiffs arises out of a suit for declaration that the plaintiffs are the owners of the property on the basis of a gift and is dir...... 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. ...... 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
....s writ petition has challenged an order dated 18.7.77 issued under signature of respondent No. 2 Section Officer, Ministry of Works ft Urban Development of the Government of Bangladesh, rejecting his prayer to release a municipal holding from the list of abandoned properties and directing him to vac...... of 1972
By the very definition of the "abandoned property" and the authority concerned cannot treat each and every property as an abandoned property and this power cannot be exercised for all time arbitrarily. It was an emergency legislation for the control, management and disposal o......t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
......t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
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