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Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ......and another Vs. Deonarain Prasad and others, 1956 S.C.A. 316. After noting that the learned Judge in Rajendra Nath's case referred to Binad Lal Pakrashi's case it was observed that the latter decision "makes an inroad on the general principle that no one can confer a better right ..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ......lant. M. A. Jalil—For the Respondent. Second Appeal No.177 of 1979. Judgment Anwarul Hoque Chowdhury J. — This appeal at the instance of the Plaintiff is against the decision of the learned Subordinate Judge reversing those of the learned Munsif, 3rd Court, Dacca pa..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......resent Rule. 8. The Secretary of the Bar Council has entered appearance and filed an affidavit-in-opposition. He has disclosed therein, that the Bar Council in its meeting held on 31-1-81 took a decision in the matter which is as follows:- "considered the representation of 27 LL...Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......hra Pradesh, (AIR 1964 SC 1872) the Supreme Court of India observed; “For there is a distinction which is real though it might not always be capable of exposition, between a mere erroneous decision and a decision which could be characterised as vitiated by "error apparent." A re..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......ver any right to secure their release. He argued that on the basis of the evidence on record the order of conviction and sentence passed against the accused appellant should be upheld. Relying on the decision in the case of Imran Ullah Vs. The Crown, reported in 6 D.L.R. (F.C.) 65, he argued, that i..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ......ppellant. Ruhul Amin—For the respondent. Second Appeal No. 7 of 1981. Judgment Anwarul Hoque Chowdhury J. — This appeal at the instance of the plaintiff is against the decision of the learned Sub-ordinate Judge, Noakhall affirming those of the Munsif, Third Court, Noa..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
..../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ...... the public from its office at Nimbasar Press. The Special Tribunal has completely overlooked the corroboration of defence plea by the aforesaid P.Ws. We record our respectful agreement with the decision reported in 26 DLR 183 that mere association with a Committee per se is not an offence unde..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ......he legal notice from the "plaintiff had executed a kabala for his 1/3 rd share. It also took the view that the contract is void so far the defendant 2 is concerned. It, accordingly, affirmed the decision of the trial Court and dismissed the suit. 3. In the second appeal before the High ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
.... Curtailment of jurisdiction of superior Court--The jurisdiction of the superior Courts is not to be interpreted to have been taken away, and if it is so intended, it may be done by the appropriate legislative or constitutional Authority by experss words and not by implication (Per K. Hossain, CJ)...... (2) (b); Art. 45 & 102 Scope of Enquiry and Interference in Habeas Corpus— Writ - Habeas Corpus--Court Martial- High Court Division has no jurisdiction to interfere with the decision and order of Court Martial except on limited grounds of Coram non judice and malafide&mdash..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......poses, then the society shall surrender the land to the Government for release and restoration under section 8 of the Act. Clause 6 means, in our opinion, that before the Government makes a decision about the acquisition of the requisitioned property under sections5(6) of the Act, aft..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ......ve no right of investigation while considering his case for promotion. She has referred to the provisions of fundamental right as provided in Article 29 of the Constitution and has also referred to a decision in the case of Faijullah reported in (1981) 33 DLR 16. 4. The petitioner was appointed..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......, Advocates, instructed by Syed Sakhawat Ali, Advocate on Record—For Respondent 2. C.A. 37 of 1980 from Appeal No. 8 of 1977 Judgment K. Hossain, CJ: I concur with the decision of Masud, J. Chowdhury A.T.M. Masud, J.— This appeal arises on grant of Special ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......rt decreed the suit holding that the defendant executed the conveyance voluntarily and that the suit was barred by limitation as consideration for the reconveyance was tendered in time. On appeal the decision of the trial court was affirmed. 4. The relevant portion of the agreement of reconveya..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ......defendant No.2 informed them that he had completed 82% of his supply and that in prospect of the balance there was a talk that the plaintiff would not accept the balance. D.W. 1 does not speak of any decision of the plaintiff as alleged. P.W.1 deposing on the side of the plaintiff denies that there ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ...... between the charge and conclusion arrived at being vague and not conclusive, I omit from consideration the charge, though found by the Board against him. 5. As has been pointed out earlier, the decision of these two appeals depend upon true construction of the Article5 (b) of President..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......earned Judge of the High Court Division the plaintiff filed on appeal before the Appellate Division and the Appellate Division allowed the appeal and sent the case back to this court for corning to a decision after hearing both the parties in view of the fact that the order passed by the learned Sin..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....ted by East Pakistan Ordinance No. XXIV of 1961. 11. The upshot of the discussion is that Urban Immovable Properly Tax Act, 1957 was promulgated obviously in pursuance of power conferred by legislative list in item 42. Municipal Committee was to collect tax on behalf of the Provincial Gove......ddin Hossain CJ.—I have had the advantage of going through the judgments proposed to be delivered by my learned brother Badrul Haider Chowdhury, and Shahabuddin Ahmed, JJ. and I concur with the decision of Shahabuddin Ahmed, J. Fazle Munim J.—I have had tit privilege of going throug..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111