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Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)

.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51         ......ion of the pleadings the parties came to the view that the Performa defendants No.2 to 8 having no clean hands, were trying to defeat the plaintiff's suit by pleading that they would not take the property from the defendant in collusion with defendant No. 1 Finding that the plaintiff was entitle..

Category: Property Law | Date: 7 Dec, 1981 | Hits: 2

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

....e respondent accepted the offer of the appellant along with the earnest money, The terms of the payment was 25% of the quoted amount to be paid in case, rest 75% by furnishing a Bank guarantee from a scheduled Bank within 21 days of the issuance of confirmed letter of acceptance. It was a term of th......o specific reliefs are contained in the specific Relief Act, 1877. The explanation to Section 12 of the Specific Relief Act reises a presumption that the breach of a contract to transfer movable property can be adequately relieved by compensation unless and until the contrary is proved. Section..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

Archana Proshad Nandi Vs. Miss Chilia Ran­dolph and others, 1981, 10 CLC (AD)

....t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106.   ......before the High Court it was contended by the appellant that the contract is divisible one and it can and ought to be enforced against the defendants 1 and 3 in respect of their 2/3 rd share in the property. The High Court Division in a leng­thy judgment unnecessarily raised certain questions w..

Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

....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   ......ral Meeting held on 23.8.79 gave no objection for requisition and acquisition of the area in question. The requisitioning authority admitted the petitioners allegation that acquisition of the private property of individuals for Co-operative Housing Societies has been prohibited by the Government in ..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Managing Partner, Messrs, Bank Line Na¬vigation Company Vs. Chairman, Second La-bour Court, Dacca and other, 1981, 10 CLC (HCD)

..... In the facts and circumstances there will be no cost of these Rules. Abdul Wadud Chowdhury J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 55   ...... act of neglect would constitute a misconduct or not would vary from the nature of the neglect of work and that a particular work of neglect which may result in accident or endanger the safety of the property of employer may constitute a misconduct. He has also submitted that plying of the vessels b..

Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....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   ..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)

....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......at after Amatunnessa sold away her land under kabala Ext. 1 to the appellant, accused Syeduzzaman approached him to request the appellant to return the land so that he could purchase his sister's property. In view of this evidence there is no substance in the contention of Mr. Karim. 8. In ..

Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0

Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)

....ivil Appeals relied on by Mr. Hasib do not provide any guidance for a decision of this case. In taking this view we are not un-mindful of the fact that in the Bank guarantee Ext. 1 the commitment for scheduled delivery was noted. Reading the Bank guarantee Ext.1 as a whole, we are of the opinion tha...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17.       ..

Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2

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 ......h reports or allegations, made against him in aspect of- (a) "corruption or corrupt practices, reputation of being corrupt, living beyond known and ostensible means of income, or for having property in his own name or in the name of his wife or dependants or other relations disproportionat..

Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67

Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

....r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......ase or reduce any such lax, rate, toll or fee,  or  the  assessment thereof, to such extent as may be specified ; or (b) to suspend, abolish or exempt any person or class of persons or property or class of property from the levy of any such tax, rate, toll or fee, (2) If a dir..

Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111

Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)

....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ......mmovable Property Tax Rules, 1957 reads as follows:- "10. Amendment and alteration-The Assessing Officer may amend or alter the valuation arid Tax payable for a holding. (a) by entering any property which in his opinion ought to have been entered or which has become liable to tax after the..

Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0

Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)

....sts.                    Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126   ......r 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 enemy property the suit was incompetent, Facts are not long, nor are t..

Category: Property Law | Date: 8 Jan, 1981 | Hits: 2

Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....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   ......," it would strike down such law if it is dis­criminatory in its effect. In holding that the impugned provisions of the Travancore-Cochin Land tax Act, 1955 which subjected the same class of property similarly situated to an inci­dent of taxation which resulted in inequality, the Court ..

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6

Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)

....preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131   ......f the first appellate Court and restitution takes place during pendency of second appeal, the restitution may be set at naught by the reversal of the decree in the second appeal and possession of the property will change hands once again……. (14, 15 & 17) Case Referred to- ..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | 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   ......pon, the plaintiffs filed the ejectment suit against them. 3. Defendants 1 and 2 contested the suit, con­tending that the suit premises belonged to Gurudas Singha. On his death the suit 'property devolved upon his widow Snehalata and his three sons. Plaintiff 4 Akmal Hossain's fathe..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1

Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)

....ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86.   ......uring the war of lib­eration the petitioner was away from the country and after the independence he returned to take over the charge of the Factory Administrator since it was treated as abandoned property. During the period the Factory remained abandoned, its administration was carried on by a l..

Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2

Mansurul Aziz & Another Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others, 1980, 9 CLC (AD)

....e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ......p;……Respondents Judgment November 6, 1980. Result: The appeal is allowed. (Emergency) Requisition of Property Act (XIII of 1948), Section 3 Requisition of property-Section 3 provides the authority to the Deputy Commissioner to requisition certain immovabl..

Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2

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   ......nction against the defendants restraining them from interfering with plaintiff's alleged possession of the suit land is generally applicable to a case where a suit for title relating to immovable property is filed and consequential prayer ought to have been made, but has not been made, and an in..

Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1

Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)

.... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30.    ......roperties of private citizens are requisitioned for acquisition. Thus in order to catagorise a schoo.1 to serve public purpose and public interest as referred in section 3 of Emergency Requisition of property Act, 1948 reference will have to be made as to whether such school flits in with the nation..

Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7

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     ...... not a document which requires to be compulsorily registered under the law If such power of attorney empowers a per­son to execute a deed of sale or any kind of transfer or sale of immovable property that power of attorney requires registration under the law.  This is not legally tenab..

Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3