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Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....ional Jurisdiction) Present: A. T. M. Afzal J Md. Serajul Islam..........................Petitioner Vs. Md. Serajul Islam & others…………Opposite party Judgment August 1, 1980. Result: The Rule is made absolute Lawyers In......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 ......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)
....tation 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 security bond along wit......condition precedent to the making of an application for setting aside the decree that the applicant should, at the time of presenting his application, deposit in Court or tender the security for payment of the same; and (iii) Those which lay down that the words are directory to this extent......of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....t where there was an earlier default order was without jurisdiction. 2. The matter arises out of a suit for specific performance of contract and the facts are that the High Court passed an ex parte decree subject to the plaintiff appellant's depositing in Court an amount of Tk. 350/-as bala...... subject to the plaintiff appellant's depositing in Court an amount of Tk. 350/-as balance consideration money by 24-3-70 failing which the suit shall stand dismiss. The plaintiff did not make the payment by the date fixed and the Munsif by his order dated 6-670 dismissed the suit for default in......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: ..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
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 ...... 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) Property in goods passes to the bu......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 ....... 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. ......e in Schedules 'A','B','C' and 'D'-properties and 1/10th share in schedule 'D(1)' properties. He also claimed an enhanced share in the suit properties for loan advanced to his late father, Defendant No. 4 claimed a share of 1/3rd in Schedule 'D(1)'..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......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 ......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)
....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......by any raiyat shall not exceed, by any agreement express or implied, seven years: Provided that any such usufructuary mortgage may be redeemed at any time before the expiry of the said period on payment of an amount which shall bear the same proportion to the total consideration money re&s...... into force on 22-2-29. The object of the legislature was to protect a raiyat "so that no mahajan can keep a raiyat out of his land for more than 15 years at the most" in return for a petty loan. This section permitted an occupancy raiyat to create a complete usufructuary mortgage for..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......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 ......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)
....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......irectorates, autonomous bodies, Corporations and other Government and semi-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 deposi......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. ......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- ......Respondent Judgment February 6, 1980. Result: The appeal is dismissed. Payment of rent in lump does not help the tenant from the mischief of default- A tenant by making payment of rent in lump shall ordinarily be treated as a defaulter in the payment of rent in terms o...... 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 ...... 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......ng pointer to tenancy. The other circumstances and conduct of the parties, as discussed by the appellate Court below, also indicate that the defendant was treated by the plaintiff as a tenant and the payment made by the defendant was treated as rent. Mr. Hafizullah has made no submissions on the app......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 ......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......ay & Baker and letter from the May & Baker extending the tenancy were handed over to the donors, He also stated that May and Baker made correspondence with the plaintiffs but did not make any payment of rent without any indemnity bond. He further stated that the plaintiffs, however, took all......the tenant and after deduction of the advance per month a sum of Rs. 2,500/- was being received She also could not say how much money was being deducted from the rent, nor she could say the amount of loan which was being deducted from the loan. She stated that they received a total sum of Tk. 2,500/..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......- on two occasions, and thereafter the learned Judges have discussed all the six defence, witnesses and on a balance of evidence, came to the conclusion that the defendants had not been able to prove payment of only Tk. 5000/- by the plaintiff of-the consideration money. In coming to this conclusion......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
......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
..
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. ......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......iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
......iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
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