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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. ......ive punishments relevant for the internal organisation of such statutory corporation. That is why P.O. 27 of 1972 has provided for framing of Rules and Regulations in order to give effect to the provisions of the said Presidential Order. Article 24 of the President's Order 27 of 1972 provid..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......enquiry under Chapter XVIII of the Cr. P.C. which was pending immediately before coming into force of the Law Reforms Ordinance is required to be held, conducted an disposed of in accordance with the provisions of the said Code as amended by the Ordinance. The learned Advocate has further submitted ..Category: Criminal Law, Procedural Law | Date: 18 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. ......ears only and it appears that after the expiry of two years there has not been any further renewal or extension of such recognition at all. Even there is no registration of this school under the provisions of East Pakistan Registration of Private Schools Ordinance XX of 1962. 4. Thus the q..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)
....Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60 ......as made to the decision in the case of Upendra Nath Bhattacharjee Vs. Khitish Chandra Bhattacharjee. (2) In the latter mentioned case it was held that a Jury constituted in violation of the provisions of section 138 is not legally constituted, and is in capable of making a legally bin..Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1
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 ......or sale of immovable property that power of attorney requires registration under 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 d..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 ......credits are dealt with in international trade and commerce from the treatise of A.G Davis, "'The law relating to Commercial Letters of Credit." We have also considered the relevant provisions of Negotiable Instruments Act in this connection. On consideration of these authorities i..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. ......on 115(1) and 115(2) is concurrent and the litigant is at liberty to choose the forum. Mr. Rafiqul Huq, the learned Advocate for the petitioners, contends that section 115(1) and (2) are two distinct provisions and are to be read along with other provision of the Code of Civil Procedure and the Bang..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....ion in the said Union Parishad under the Local Government (Union Parishad) Ordinance, 1983, Ordinance No.LI of 1983, and the Rules made thereunder and to direct the defendant No.1 by way of mandatory injunction to publish the result of the election of the No.7, Bangora (West) Union Pa......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)
....80 Result: The appeal is dismissed. Small Causes Courts Act (IX of 1887), Section 17(1) Proviso Deposit of decretal amount or furnishing of security with the application, not mandatory—Application to set aside the decree along with another application seeking Cour......learned Judge mainly relied upon a Full Bench decision of the Lahore High Court in the case of Gedi Mal Dharam Das Vs. Huna Mai Shedu Ram, AIR 1931 Lah 332. The Full Bench has taken the view that the provisions as contained in proviso to sub-section (1) of section 17 are directory and the ..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: ......e-cutability of the decree. In so doing, the Court is to follow the principles set out above. It may further be observed; that absence of jurisdiction is to be held keeping in view all the relevant provisions of the Code of Civil Procedure or other relevant laws. 6. Turning to the facts of..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
..... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ......anwhile, however, Emergency was withdrawn on 16-2-1969 and on the date Ordinance 1 of 1969 Enemy Property (Continuance of Emergency Provision) Ordinance 1969 was promulgated continuing some provisions of the Defence of Pakistan Rules. While the law was so continuing, came the Liberation Wa..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
....of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ...... Act, 1965 the Labour Court is required to decide a matter arising thereunder in a summary way as it deems proper. It has already been held in various decisions of this court that under the aforesaid provisions of section 25 of the said Act a Labour Court is not a court of appeal sitting o..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
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. ...... same as confirmed or varied; but where the Court sets aside the report or reports it shall either issue a new Commission or make such other order as it shall think fit." 20. In view of the provisions of Order 26 Rule 14(3) of the Code Mr. Rabbani submites, no illegality, irregularity or m..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....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 ......to whether the Constitution of Bangladesh having been allowed to be continued under the Proclamation of August 20, 1975, retained its supremacy. The Attorney-General submitted that the different provisions of the Proclamations sufficiently indicate that the Constitution was allowed to be operat..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 ......th an agreement to reconvey. An out and out sale accompanied by an agreement for reconveyance is within the purview of the President's Order Nos. 88 and 136 of 1972 and No.24 of 1973 whereby provisions of section 95 of the Act have been amended and a new section being section 95A has been i..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....uous to the land transferred may waive his right to purchase the land, but on this consideration there is hardly any scope for taking the view that the requirement of sub-section (2) is not mandatory but is merely directory. Second part of sub-section (4) clearly indicates that a co-sharer......g cannot be fatal to the same. The learned Judge quoted certain passage from the decision in Motilal Sikder Vs. Benodini Dasi which runs as under:- "It does not appear from a perusal of the provisions of section 96 that it was the intent of the legislature that the penalty for non-impleadi..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. ...... Area. This section has got no manner of application to case of an agricultural land situated outside the Municipal Area. In the present case the land being admittedly situated outside Municipal area provisions of section 24 of the Non-Agricultural Tenancy Act has little application. Moreover, under..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. ......yment of rent granted by the Ordinance is clearly taken away by the express language of sub-section (5) of section 18. In that decision it has also been held that enquiry about compliance of the provisions of the statute may call for consideration of fact; at each point. There may be a case of ..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. ...... ad-interim order of injunction was made under Rule 3 of order 39 of the Code of Civil Procedure, which is not appealable under Order 43. The order of temporary injunction which may be made under the provisions of Order 39 is contained in Rule 1 or 2 of the said Order. Rule 3 of the said Order provi..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10