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Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ......ated 31. 8. 73 passed by the Court of Tribunal constituted under the President's Order No. 13 of 1972. 2. The facts, shortly stated, are that the petitioner who is owner in possession of the holding No. 730 (New) being No. 740 (old) of Mouza Anderkilla, known as Terri Bazar, P.S. Kotwali, C..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....e of Bangladesh Pakistan authorities declared an unjust and treacherous war; and Whereas in the facts and circumstances of such treacherous conduct Banga Bandhu Sheikh Mujibur Rahman, the undisputed leader of 75 million people of Bangladesh, in due fulfillment of the legitimate right of se......said decision of the learned Subordinate Judge. 5. Mr. Moinul Hossain, the learned Advocate appearing, on behalf of the petitioner submits that the learned Subordinate Judge was clearly wrong in holding that the amendment introduced by Ordinance No. 53 of 1962 whereby Pakistan accepted the noti..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....ly after partition of the country was province of East Bengal, and now after the liberation of the country, Bangladesh. The basis of the claim made by the plaintiffs and the co-plaintiffs is that the disputed char is partly a reformation in situation of their lands of Osat Taluk and Howla in Char Il......e Dacca High Court being F A. No. 52 of 1948. This appeal was heard by a Division Branch of the said Court, (Murshed and Idris Ji), who, by their judgment dated 14-7-1960, allowed the appeal in part, holding that Char Ananda part III which was a Govt. Estate having reformed in the old site, the Gove..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....ense. There are, of course, cases where word 'void' or expression 'null and void' have been, construed to mean voidable. The reasoning of those cases show that it was never doubted or disputed, that it does not mean nullity, but that, if the context so permits, then in some cases a r...... 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..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....ballot papers are unauthorized and spurious. 6. Mr. Ahmed Sobhan appearing on behalf of respondent No.3, has raised a preliminary point as to the question that the matter having involved a disputed question of fact the petition is not maintainable. He has also contended that the petitione......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....ion 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 proposition of Mr. Khondker. He however, refuted the contention of Mr. Khondker ......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..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)
....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. ......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..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....rivy Council that the provisions of Section II C.P.C. are not exhaustive and even if a legal proceeding between the same parties in which an earlier decision has been given with regard to a disputed question is not a suit within the strict meaning of the Civil Procedure Code and the' p......at after the dismissal of the writ petition by the Dacca High Court as mentioned above the plaintiff went on appeal to the Supreme Court of Pakistan, which dismissed the appeal on the 26th May 1959 upholding the Order of the Dacca High Court. This judgment of the Supreme court has been reported in 1..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......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..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
....t that it is absolutely false to say that the godown contained timber worth Rs. 62,000/- and that the timber which was found in the godown was sold for proper value.
4. It appears that after the disputed auction sale held on 1.10.54 the plaintiff filed a title suit being Title suit No. 136/54 i...... 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..
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)
....who either becomes incapable to sit as a member or ceases to be a member of the panel. This provision too does not indicate that the advice of the members is indispensable. 26. It can hardly be disputed that if the advice is said to be mandatory, it shall mandatory with respect to advice ...... 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..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
.... on the 9th April, 1970 under Order 21, rule 90 of the Code of Civil Procedure for setting aside the aforesaid auction sale on the grounds, inter alia, that he had been in possession of the disputed land on the basis of a purchase from the judgment-debtors made long before the decree in pu......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..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)
.... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ......, 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..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......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..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....e Labor Court which means they are not appealable. Mr. Huq argues that the decision given under section34 is an award. There is such controversy on this point. So we refrain from going into this disputed question as it is not necessary for the disposal of this writ petition.
22. Mr. Hossai......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..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
.... Union Arbitration Court stating inter alia, that on the 29th of March, 1971 he left the aforesaid premises and on his return to the city sometime after the liberation, he found the petitioner in the disputed premises on the 26th of December, 1971. He accordingly prayed for restoration of possession...... 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..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
....le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......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 ..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
.... that the right of reconveyance was not limited within the family of the vendor. The learned Subordinate Judge accepted the case of the plaintiffs that they are entitled to have a reconveyance of the disputed land on specific performance of contract at claimed. 5. Mr. Abdul Hamid, the learned A...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....ial Court without applying its mind to the question of possession of the Tea Estate has attempted, we must say, quite wrongly to inquire into the facts relating to the nature and validity of the disputed agreement, which are to be decided only after the evidence has been adduced at the hea......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136. ......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 ..Category: Property Law | Date: 3 May, 1972 | Hits: 4
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