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Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
.... and the risk passes to the buyer, who is liable for subsequent charges, and payment for the goods become due……….(6) Property in goods passes to the buyer on shipment unless parties intend otherwise- The normal incidence of an f.o.b. contract is that property in goods ......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....ed to be a valid piece of legislation. 2. In Order to appreciate the contention of Mr. Pal who appears for the Appellant M/S. Dulichand Omraolal, facts in brief may be narrated. The Appellant, a partnership firm, challenged the orders and directions declaring its business and properti....... 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 ..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....rcumstances is unaffected by the formal defects in the Preliminary decree which can be corrected ex debito justitiae….. (14 & 16) Drawing up of final decree without notice to the parties whether Permissible There is no specific provision of serving notice upon the parties o...... 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. ..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....d by the signatory, are normally written by the office, which may be called a clerical function. Since the signature of the Chief Martial Law Administrator is not disputed and the operative part of the order describes him as such and his designation of Chief Martial Law Administrator appea......978. In the meantime P.W.1 Shahidul Karim, a brother of the deceased, lodged an information in the Motijheel P.S. accusing the appellant for the murder of his wife Saleha Begum. In the course of investigation, on the prayer of the Police dead body of the victim was disinterred and another post-..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....he canons of construction and interpretation when they themselves have found the "broad unanimity" is "to take the whole statute together and construe the said provision as a part of the said statute". The learned Judges addressed themselves "we shall have to inter......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 ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....he holding were omitted in the pre-emption case and they were not brought on record in spite of objection taken by the pre-emptees-- The instant suit is not legally maintainable due to defect of parties as several co-sharers by inheritance have not been brought on record. The pre-emptors got su...... Mozaffar Ali Khan was a necessary party which was taken for the first time in the High Court should have been entertained and whether in any view of the matter the case should have been remanded for investigation whether he was a necessary party. 11. While considering the ground upon which the..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....r dated 29th September, 1978 addressed on behalf of the Directorate General of Defence Purchase intimating inclusion of the petitioners in its black-list. 2. Admittedly, the petitioners are partners of a trading firms consisting of two partners who were enlisted as contractors with the Dir......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 ..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....e Judge allowing the application for pre-emption filed under sub-section (1) of section 96 of the State Acquisition and Tenancy Act, 1950 which arose in the following circumstances: The Opposite parties No.1 and 2 filed the aforesaid Miscellaneous case under subsection (1) of section 96 of......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. ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
.... of rent in terms of section 18(1) and 18(5) of the Premises Rent Control Ordinance, 1963, unless there is a contract to the contrary or such payment is covered by waiver and acquiescence on the part of the landlord………………(5) Case Referred to- ...... 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. ..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....uct which ended in his dismissal were independent of any trade union activities as alleged by the employee. Accordingly, there is no scope of application of section 15 of the Ordirtance. 5. Both parties were heard by the Labour Court which held that the applications of the employee before it we...... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....Act, is a transfer of an interest in immovable property. Ownership of physical property consists of a number of right and the owner of such property when he creates a lease, transfers to the lessee a part of the rights of ownership, i.e., the rights of enjoyment of the property, for a period, for co......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....shment Division Order No. ED/SSB/1/79-276, dated 9th April, 1979), inter alia, to examine all proposals for promotion and initial appointments to the posts of Joint Secretary and above and Heads of Department/Autonomous Bodies/Corporations duly processed through the Superior Selection Board and to m......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....mad Abul Vs. Fakir Janan Begum (3) have stated as follows :- "For a valid gift inter vivos under Mohammadan Law these conditions are necessary (a) manifestation of the wishes to give on the part of the donor, (b) acceptance of the donee and (c) taking of possession of the subject matter of...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
.... Specific Performance of Contract Once there is a legal right, the remedy will be available according to the right. It could not be said that when a transferee is in possession of a property in part performance of the contract and that contract has been affirmed by a decree for specific perf......ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....etirement, censure etc.; he has further pointed out that a Government servant is subject to retirement on completion of certain years of his age and is not entitled to any pension unless he attains a particular age or puts in at least 10 years of service, as against a Law Officer who is not subject ......d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
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Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....short one, is not devoid of some public importance as the true scope and import of proviso to Rule 11 of Order 22 of the Code of Civil Procedure is involved. Detailed facts in controversy between the parties need not be set out excepting that the appeal arises out of a suit for partition instituted ......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....e while Mr. M.M. Hoq, the learned Asstt. Attorney General has appeared to opposeit. So far as Mr. Rahman is concerned, his contention is brief and simple. It is that after submission of charge sheet, particularly when the matter is subjudice, the intended counter enquiry is not contemplated in our C......ut of enmity and grudge and that the investigating Officer acting in collusion with the Sub-divisional Officer, Bagerhat, submitted the charge-sheet falsely and that for ascertainment of the truth re-investigation of the case was necessary. The Home Secretary on perusal of this letter of allegation ..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....contention the learned Counsel produced before us a copy of the Dacca Gazette, Part II dated January 25, 1968 publishing the notice for leasing out in auction a number of the fisheries with necessary particulars. In this gazette publication serial No.131 shows that Dhaleswari river fishery was adver......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....Sultan Hossain Khan J Serajul Mostafa………………… petitioner Vs. Ali Ahmed Sikder & others………… opposite parties Judgment April 5, 1979 Result: The Rule is disposed of. Case Referr......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....rst Information Report to the Police against them. The police after investigating the case submitted final report against the chowkidars. The Corporation suspected the petitioner also and drew up a departmental proceeding against him asking him to show because why disciplinary action would not be ta...... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
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