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Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
.... and void. Unless they are so, the proceeding cannot continue in accordance with the law, which means the law under which the proceeding was being proceeded with. There is an additional reason for so holding, inasmuch an order which is a nullity cannot give rise to any effective or quasi-effective o......ision, to use a comprehensive term, is null and void. Two expressions in the article require interpretation; first, ex parte and second, 'null and void'. 6. The expression ex parte governs three classes of decision; judgments, decrees and orders. The decision again must have been p..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....n given by the plaintiff should be accepted as correct. The second contention of Mr. Khondker is that the injunction itself in some cases could be consequential relief and the Court below in error in holding otherwise. 4. Mr. Amed Hossain, the learned Advocate has not disputed the second propos......perty and he also held that the prayer for declaration and for injunction was not maintainable. He, however, held that the plaintiff was given a chance to modify the plaint for declaration and for recovery of khas possession giving proper market value of the Tea Estate, in default the suit shall sta..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....al by Special leave from the decision of a learned Single Judge of the High Court, Dacca passed in Revision. 2. Landlord-Respondents obtained an ex parte rent decree in R.S. 63/59 in respect of the holding No. 64 Santinagar, Dacca, against one Nihar Bala Sen W/o. late Suresh Chandra Sen. The prope......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....the learned Deputy Attorney-General appearing in support of the appeal has canvassed before us firstly that (1) in the facts and circumstances of the case the Court below erred in law and fact in not holding that the deed of partnership is nothing but a creation of a firm for evading payment of taxe...... business at 6, Ram Prosad Shah Lane, Calcutta. The Company was represented by its partners Walamjee Deoji and Karman Narain who brought this suit against the erstwhile Province of East Bengal for recovery of Tk. 11,000/- by way of compensation and damages for illegal and wrongful attachment and tak..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
.... upon for ascertaining the value of the stock of timber which was pledged to the Bank.
11. On the aforesaid findings the learned Subordinate Judge has dismissed the plaintiff's Title Suit on holding that the plaintiff has failed to substantiate his allegations and that the Title Suit was no......ment
January 9, 1975.
Result:
The appeal is allowed
Cases Referred To-
Kunj Beharilal Vs. The Bharagava Commercial Bank, I.L.R. 40 Allahabad 522; A.I.R. 1918 Allahabad 363,;Cooveriji Umersey Vs. Mareji Vagaji & another, A.I.R. 1937 Bom 26; Hindusthan Co-operative Bank Li..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
.... 38. Conciliation having failed, the dispute was referred by the Khulna News Print Employees' Union to the Industrial Court which in its award ordered the re-instatement of Nurul Gani after holding that as his services were terminated without assigning any cause, the order was wrongfu......, taken made or issued under the corresponding provision of this Act " 15. It is to be noted that under section 42 of the Labour Disputes Act, 1965 the legislature conferred upon the Government the power to make rules for carrying into effect the purpose of the Act. The relevan..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....ed Munsif, without going into the merits of the case has set aside the sale by a brief order on the ground that the decree-holder did not obtain the requisite permission from the Board of Revenue for holding the same. What was meant by the learned Munsif is that the auction-safe in question had been......Law of India", Vol. I, 1968 to mean that the learned Acting Chief Justice (as he then was) did not really make any distinction between Pre-Constitution and post-Constitution Laws and practically over-ruled the decision given in the ease of Behram Khurshid Pesikaka Vs. State of Bombay reported i..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
...., Advocates —For Respondents No. 2. Petition No.408 of 1969. Judgment Fazle Munim J.- This Rule is directed against the judgment and order of the Second Labour Court, Chittagong, holding the petitioner to be a "Worker"-within the meaning of section 2(h) of th......er section 25(1)(a) of the Employment of Labour (Standing Orders) Act, 1965 (hereinafter referred to as the "Standing Orders Act") to the respondent company stating that they are governed by the provisions of the Shops and Establishment Act, 1965. He claimed that according to sec..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....time. I cannot see, however, how this deposit of money for the performance of the contract can be considered to be an act either prescribed or allowed by the Code. I have no hesitation, therefore, in holding that section 148 C.P.C. has no application." 16. The question whether se......ed by the Code. This provision has obviously no application to a case where time is fixed by the court in a decree for performing an obligation which arises out of a contract between the parties. Moreover, if we consider that the power under the aforesaid provision can be invoked even in a case wher..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....r Court null and void.
16. Mr. Asrarul Hossain, the learned Advocate for the bank, has impugned the finding of the Labor Court as well. He first contends that the Labor Court is totally wrong in holding that the order of dismissal is retrospective. The order of dismissal, according to the learn...... Court shall consist of a Chairman and two members to advise the Chairman, one of the members to represent the employers and the other to represent the workmen, all being appointed by the Provincial Government)
10. A reference to the corresponding provision of the repealed enactment will be fru..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
.... has stated that he entered into an agreement of purchase with one Madhusudhan Basak, son of late Kalchand Basak of the premises situated at 28/1 Gopumohan Basak Lane appertaining to plot Not 5461 of holding No. 3, Sheet No. 50 of Dacca Collectorate comprising an area of 0216 acre. But the vendor ha...... Mia stated to him that the respondent No. 2 Was hiding somewhere in the city and asked him to look after his house, but he was feeling helpless and wanted to leave the house on the petitioner taking over possession of the same. As such, the petitioner got into possession of the house at the request..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
....y. They were marked material exhibits at the trial. 8. Both the Courts below rejected the contesting defendants plea of abandonment of the suit land by Sarat Sashi and also their other pleas, holding further that the lease and the kabala dated 16-1-56 in favour of the plaintiff and his wife ...... 1966, affirming those of the Subordinate Judge, Additional Court, Khulna in Title Suit No. 50 of 1964. 2. The suit was for declaration of the plaintiff's title in the land in suit and for recovery of possession thereof, if found to be out of possession. 3. The petition is by defendant..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....operative and without jurisdiction and for permanent injunction restraining the defendants from leasing out the suit property to any person. So, the lower Appellate Court committed an error of law in holding that the present suit is not maintainable inasmuch as the government was not impleaded as a ......tion Case No.193G/75‑76 in the Office of the Circle Officer (Rev) Gournadi and accordingly, a separate khatian was opened with regard to Ka schedule land. Since then he has been paying rent to the Government. The land is not enlisted as Vested and Non‑resident property. It is alleged that on the..Category: Property Law | Date: 3 May, 1972 | Hits: 4
....
12. The last point urged by the learned Advocate for the petitioner is that no evidence of victimisation was given in this case before the Labour Court and as such the Labour Court erred in law in holding that the order of termination was passed with a view to victimise the complainant No. 1 for ......akistan Labour Disputes Act, 1965 was constituted and deemed to be constituted under the Ordinance of 1969, as will be apparent from clause (b) of sub-section (2) of section 67 of this Ordinance. Moreover, the procedure of appointing the member adviser of the Labour Court is substantially the same i..
Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
....assailing the direction for seizure of arms must accordingly fail. 17. I find substance, however, in Mr. Ataur Rahman Khan's objection relating to the direction on Mr. Hashem, a Magistrate, for holding an inquiry, with a view to examining the question as to desirability of cancellation of the ......of Tangibari PS to seize the petitioner's firearms and Mr. Hashem, the Magistrate, to hold an inquiry as to the desirability of cancellation of the licences were also without jurisdiction, not being covered by any provision of the Code of Criminal Procedure. 5. The learned Deputy Legal Remembr..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
....ion and it is a long standing practice, tradition and custom of all the "Imambaras" in the Muslim World. The respondent No. 9 also supported the statements of the respondent No. 4 regarding holding of meeting on 18-5-2003 by the local elites and the decision taken therein that no restricti...... from 1st to 10th of Muharram to remind the people coming to observe the functions within the Imambara not to use shoe, cap and umbrella and such sign board is generally removed after the function is over i.e. after 10th of Muharram. At one stage, of his submissions upon referring to his affidavit i..
Category: Property Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....Judge, 7th Court, Dhaka for disposal, who by the impugned judgment and decree dated 24.8.2009 (decree signed on 30.8.2009) dismissed the appeal in disagreeing with the sole finding of the trial Court holding that (1) defendant No.3, Fazle Elahi executed the bainapatro on behalf of his minor daughter......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....ho transferred the case land to opposite party Nos.1 and 2 by a so-called deed of exchange in order to defeat the right of preemption of the petitioner. The pre-emptor is a co-sharer of the case holding and the preemptee opposite party Nos.1 and 2 are stranger to the case land. No notice of tra......r in Miscellaneous Case No.6 of 2004 is set aside and accordingly, the appeal being Misc. Appeal No.34 of 2001 is re-admitted. 27. Since, the case has been dragging over a period of 12 (twelve) years, the Court of appeal below is directed to hear and dispose of the..Category: Civil Law, Procedural Law | Date: | Hits: 2
Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)
....enancy Act (XX VIII of 1951); Section 96 Right to claim preemption a Hindu Widow – During the period of her life time a Hindu widow is a complete owner and co-share of any property or holding in question, with the right to claim partition and consequently having the right to claim pr......nection reference maybe made to Section 3 of the Hindu Women's Rights to the Property Act No. XVIII of 1937. Sub-Section 1 of Section 3 of the said Act says that when a Hindu governed by the Dayabhag School of Hindu Law dies intestate leaving any property, his widow shall be ..Category: Property Law | Date: | Hits: 3
....verning Body has no knowledge of the same as it did not receive any prior notice before the same was held, secondly, the authority concerned has no jurisdiction to pass an order of suspension without holding the inquiry mentioned in the aforesaid section, such an inquiry is to be held only after giv......(1975) 602
..
Category: Constitutional Law | Date: | Hits: 2
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