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....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
......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 ......al arises out of an order passed by the learned Subordinate Judge 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/- agains..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....rule 40. This rule clearly provided that the Municipal Committee shall determine the percentage on the annual value of the lands and buildings which it subject to auction by the Government It Is claimed by the Municipal Corporation that the Government has authorised 7% of the annual value as ta......uddin Ahmed, J, but I am unable to concur and take a different view which is detailed below. 5. Sonali Bank, respondent filed the writ petition challenging the assessment of municipal taxes for the years 1968-69 and 69-70 and prayed for direction on the Dacca Municipal Corporation to compl......ncial Government may notwithstanding any law relating to the funds vesting in such municipality or any other law for the time being in force, direct any bank in which any moneys of the municipality are deposited or the person in charge of the Government treasury or ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
...., 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 ......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......Mahal. Tongir Haor under Derai police station was taken on Bhag settlement from Bhati Beel Motshajibi Samaboy Samity for the years 1385 and 1386 B.S. by them. They invested a considerable sum of money in the said Fishery, engaged guards, erected Khana Ghar and constructed Ghati Band for catchin..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
....h was a subordinate Court to question the legality of the decree passed by a superior Court. Section 61 of the Ordinance confers exclusive jurisdiction upon the High Court to entertain and decide any claim by or against a Banking Company. Section 63(9) of the Ordinance further empowers the High Cour......al arises out of an order passed by the Subordinate judge allowing an application under section 47 of the Code of Civil Procedure in an execution proceeding. 2. We have heard the learned Counsel for the appellant and perused the impugned order. No one has appeared for the respondent when the ma......nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....run Licensed Measurer's Department.” 8. While the Government thinks that this clause does not authorise the appellant to carry on the trade or business mentioned therein, the appellant claims the right to run the business of weighment, measurement etc. relying on it. Upon a careful re......of association is imparting of instruction and traning, theoretical and practical, in the principles and practices of weighment, measurement, storage, discharge of properties of various cargoes meant for export and import and to run measuring. On October 15, 1979 the Ministry of Commerce directed th......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ugned notification for his premature retirement. The appellant completed 25 year of service more than a year before the order impugned in Writ Petition No. 571 of 1979 was passed. It. was, therefore, claimed that the impugned notification issued on June 5, 1980 was issued for achieving collateral pu......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 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....the right to apply for restitution accrues. The question considered was whether, by the plaintiffs appealing from the decree of the District Judge (first appellate Court) the defendant's right to claim restitution was suspended or whether the doctrine of suspension is applicable in such a case. ......ers………… ................Respondent Judgment November 26, 1980 Result: The appeal is dismissed. Restitution application is not an application for execution of a decree An application for restitution is an independent application, no...... scope of an application for restitution is much wider than that application for execution in that the Court, on an application for restitution may allow, besides restoration of a property, refund of money, payment of compensation, damage and, mesne profits, whereas the executing Court will onl..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....s 1, 3 and 4 who thereafter sold a portion thereof to the other contesting defendants and that they were possessing the land. 3. With regard to the 'Ka' schedule land, the plaintiff claimed that he took settlement from the Bhattacharjees by Exts.1 and 1(a) which have been concurren......the law. This is not legally tenable as a power of attorney executed in terms of Registration Act or under other provisions of law which confers s valid power on the attorney to act as an agent for the principal does not require registration except that its authentication under the law is......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 ..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... compensation. 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) 56 ......-For the Opposite Party No.1. Civil Revision 1472 of 1979 Judgment Md. Altaf Hossain J. - The application under section 115 of the Code of Civil Procedure arises out of an application for preemption under Section 24 of the Non-Agricultural Tenancy Act, 1949 (Act XXIII of 1949) and is......7 only from Dr. Nurul Huq Mondal and his brother Nurul Momin Mondal and thereafter he obtained a certified copy of the kabala and filed the application for pre-emption on deposit of the consideration money and compensation.3. The application was contested by O.P. No. 2 Nurunnahar Banu and O.P. No. 3..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....o furnish security for the properties described in paragraph 4 or to direct the defendant No. I to appear at the Court and show cause why he should not furnish security to the extent of the claimed amount of Tk. 2,27,02, 361/61 and in the meantime pass an order of conditional attachment of......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...... the plaintiff's prayer for attachment before judgment under Order 38, rule 5 of the Code of Civil Procedure. 2. Plaintiff filed Money Suit No. 23 of 1980 for recovery of certain sum of money and made the following prayer: "for a decree against the defendant No.1 for realisat..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ately are false, fictitious, fraudulent, collusive, ante-dated and fabricated documents without considerations and the same have been mala fide, manufactured to harass the plaintiff and to defeat his claim in the suit. The said alleged promissory notes, agreement and sale deeds are not binding on th......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. ..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....ut as the Election Commission refused to publish the result in the official Gazette and defendant No.2 directed holding of fresh election in the aforesaid Ward No.2, the plaintiff filed the suit claiming the afore- said reliefs. 4. The defendant-petitioner filed the application under ......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 ..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
.... rental of Tk.40/- The suit was instituted after determining the tenancy by serving a notice under section 106 of the Transfer of Property Act. The respondent filed written statement denying the claim of the appellant but he ultimately did not appear on the date of hearing of the suit on 12-9-7......nd the period of limitation giving direction—Compliance with the Court's direction within the time fixed by Court—Application to set aside the decree maintainable. Applicant for setting aside ex parte S.C.C. decree may deposit the decretal amount or furnish the requisite se......ion is filed along with the application for setting aside the ex parte decree and the Court passes necessary orders on the application directing the applicant either to deposit the decretal money or furnish security bond, and the applicant complies with the direction within the time g..Category: Civil Law, Procedural Law | Date: 15 Jul, 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: ......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......arned 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..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....is directed against the judgment and decree 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 defe......h; 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 become due……….(6) Proper......aintiff was entitled to get the decree which the learned Subordinate judge has passed. 6. Now we will come to the question whether there was any legal impediment for the plaintiff to recover the money or, as argued by the learned Advocate for the defendant as to whether the contract was frustra..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
....inted as Administrative Manager in the Enterprise which was placed under the Corporation under the nationalisation measures contained in President's Order No. 27 of 1972. The appellant's claim was that he was neither re-appointed as has been observed in the judgment of the High Court Di......smission and Distribution Company Ltd. (hereinafter 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 particip......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)
....lauses (d), (e) and (g) of the Proclamation the supremacy of the Constitution as declared in that article is no longer unqualified. In spite of this Article, no constitutional provision can claim to be sacrosanct and immutable. The present constitutional provision may, however, claim super......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 ..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......e reconveyed if the money is repaid within 19 years. The respondent No.3 made an application under section 95(4) and (5) of the East Bengal State Acquisition & Tenancy Act to the respondent No. 2 for restoration of possession of the said land. This petition was allowed on 30-3-73 and therea...... 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 land will be reconveyed if the money is repaid within 19 years. The respondent No.3 made an application under section 95(4) and (5)..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
.... the same has been correctly applied to the facts and circumstances of this case. 3. Facts relevant for disposal of the appeal are that the pre-emptor respondent No. 1 filed an application claiming to be a co-sharer in the holding and prayed for pre-emption of the transfer of 45 acre......ub-section (1), Similarly, all the contiguous land owners are to be made parties in the application falling under the second part of sub-section (1). Sub-section (4) provides the period of limitation for the remaining co-sharer tenants or the tenants holding land contiguous to the land transferred, ......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 ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....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 ......ot fulfill their contractual obligation. As a result, the Directorate General of Defence Purchase cancelled the contract with the petitioners' firm. This was followed by the issuance of the aforesaid impugned notice by the Directorate General of Defence Purchase to all to 44 author......i-Government statutory organisations numbering in all 44, the notice in question asked the persons concerned to stop payment to the petitioners of any out-statanding bills and to hold up earnest money, security deposit, etc. on account of an alleged breach of contract by the petitioners with th..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
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