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Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....ssain CJ Fazle Munim J Ruhul Islam J Bqdrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury & Another……….Appellants Vs. Md. Ali Hossain & Others………………..Respondents Judgm......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ...... suit for specific performance of contract. The Small Causes Court has no jurisdiction to go into the question of title, except incidentally…… (4) Case Referred to- Ahmed Shah Khan Vs. Abdul Barkat, 11DLR 427. Lawyers Involved: S.R. Pal, Sr. Advocate, with B.N. Chow......e Court Suit Respondents filed S.C.C. suit for eviction of appellants from suit premises claiming title to the premises on the basis of a decree for specific performance passed against the landlords of the appellants. Appellants challenged the title of respondents contending that the ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
....he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ...... not vested in it and the impugned order of conviction is void. Lawyers Involved: Abdus Sobhan, Additional Attorney-General, with Matiur Rahman, Assistant Attorney-General, instructed by MR Khan, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Pe......;…………………………………………………….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, 1980. Result: ..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
.... This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......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 ......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 ......-1-80 passed by the learned Additional Sessions Judge, Sylhet in Crl. Motion No. 9/111/79 setting aside an order of a Magistrate, 1st Class of Sunamganj passed on 29-6-79 in C.R. Case No. 769 of 1976 and directing him to send the case to the Court of Session for trial. 2. On a First Information..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
....e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
......the Act cannot be sustained.
Arbitrary exercise of power is itself mala fide, that is malice in law………………..(6-9)
Lawyers Involved:
Shaukat Ali Khan, Advocate, instructed by Santiranjan Karmaker, Advocate-on-Record, for the Appellants.
A. ......
Ruhul Islam J
Badrul Harder Chowdhury J
Mansurul Aziz & Another………………………Appellants
Vs.
Secretary, Ministry Of Land Administration And Land
Reforms & Others……………&hellip..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....s. Sumitra Devi, 16. DLR 272; Mosharraf Hossain Vs. Bangladesh Jute, Industries Corporation, 29 DLR (SC) 168. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record, for the Respondents 3-20. C.A. 78 of 1980 from Civil Rul......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask fo..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
.... Vs. Bangladesh & others……………..Respondents Judgment September 11, 1980. Result: The rule is made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Kairul Huq, Advocates-For the petitioners. S.R. Pal with Aminul Huq, ...... 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. ...... BLD (HCD) (1981) 30. ......udgment Syed Muhammad Hussain J. - This rule arising out of an application under Article 102 of the Constitution is directed against an order passed by the Additional Deputy Commissioner, Land Acqusition, Dacca on 19-7-77 requisitioning the premise at 85 Kakrail, Dacca for the acconmodati..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
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 ......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 ......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 ......ent for the principal does not require registration except that its authentication under the law is necessary …………… (5) Whether Power of attorney executed and authenticated by a Magistrate or Notary Public in a foreign country could be acted upon as ..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... Reported in: 1 BLD (HCD) (1981) 56 ...... compensation. 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) 56 ......hellip;…………….Opposite Parties Judgment August 26, 1980 Result: The Rule is made absolute Case Referred to- Hakim Moulvi Md. Mahbub Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; Zinda Ram Lai Vs. Ramrup Das and others. AIR 1935 ......p;……….Opposite Parties Judgment August 26, 1980 Result: The Rule is made absolute Case Referred to- Hakim Moulvi Md. Mahbub Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; Zinda Ram Lai Vs. Ramrup Das and others. AIR 1935 Pat 231; Promode Kuma..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....ejected. Case Referred to- Paia & Co. S.P.A. Vs. Thurmann Neilson, (1952)2 QB 84; Unimarine S.A. Panama through Local Agent Bengal Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: Faqueer Shahabuddin Ahmed......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 ......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 ...... Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: Faqueer Shahabuddin Ahmed with Moazzammel Huq Bhuiyan, Rabia Bhuiyan and Shah Abu Nayeem, Advocates-For the petitioner. S.R. Pal with Anil Chandra Sarker and S.R. K..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....evisional Jurisdiction) Present: Amirul Islam Chowdhury J Ranadhir Sen J Nurul Islam & others…………………..Petitioner Vs. Md. Abdur Rashid………………………. Opposite P......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. ...... & another Vs. Deepchand & others, AIR 1954 SC 75; Methu Vehemandu Vs. Duggiarala Pitchayya, AIR 1946 Mad 497; Thakur Mahtti & others Vs. Jajukoer & another, AIR 1946 Pat 429; Mahebub Khan, Hemmat Khan Vs. Muhammad Khan, Lal Khan, AIR 1951 Nag 54; Mangilal Nandram Vs. Zamghagu, AIR 1......ellip;………. Opposite Party Judgment August 6, 1980. Result: The rule is accordingly discharged. Case Referred to- Durgaprasad & another Vs. Deepchand & others, AIR 1954 SC 75; Methu Vehemandu Vs. Duggiarala Pitchayya, AIR 1946 Mad 497; Thakur..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)
....ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ip;……. Respondent Judgment July 22, 1980 Result: The application is rejected. Case Referred to- 36 I.T.R. 1975, 37 I.T.R. 381, 38 I.T.R. 222, 56 I.T.R. 400 and 80 I.T.R. 167. Lawyers Involved: Habibul Islam Bhuiyan, Advocate-For the Applicant ..Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....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 ......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 ......ellip;……..(12) Case Referred to- Gedi Mai Dharam Das Vs. Huna Mal Shedu. AIR 1931 Lah 332; V.M. Assam Mohammad Sahib Vs. M.E Rahim Sahib, 43 Mad 579; Mohd. Fazil Ali Vs. Karim Khan, 108 P.R. 1894; Raghu Nath Das Vs. Pannalal, 6 1C 945; Mukandi Lal Vs. Pars Ram, 50 1C 971; Jog......0 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 Court..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....also Reported 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: ......hulam Din, 19 D.L.R. (S C) 143; Lala Tripati Prokash Nandi Vs. Bireswar Lal Marwari, 55 C.L.J. 114; Gorachand Haider Vs. Prafulla Kumar Roy, 29 CW.N. 948. Lawyers Involved: Abdus Salam Khan, Advocate, instructed by Md Aftab Hossain, Advocate-on-Record. — For the Appellant. B......Kemaluddin Hossain CJ Ruhul Islam J Shahabuddin Ahmed J Hajee Md. Ahsanullah...................Appellant Vs. Arafatunnessa Bibi, being dead her heirs, Ali Ahmed and others...............Respondents Judgment July 8, 1980. Result: The appe..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....s also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ......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. ......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. ...... F.O.B. Contract (Free on board contract)– F.O.B are contracts 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 be..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....ustries & others.................Respondents Judgment June 18, 1980. Result: The appeal is dismissed Case Referred To- Bangladesh Enemy Property Management Board Vs. Md. Abdul Majid DLR (AD) 52, Lawyers Involved: R. Pal, Sr. Advocate, with S. C. Das,....... 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 ......nvolved: R. Pal, Sr. Advocate, with S. C. Das, Advocate, instructed by Aminul Huq, Advocate-on- Record—For the Appellant. Abdus Sobhan. Addt. Attorney-General, instructed by M R. Khan, Advocate-on-Record—For the Respondent. Civil Appeal No. 23 of 1978 (From the ...... also Reported in: 1 BLD (AD) (1981) 1 ..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....
S.R. Pal, Senior Advocate, with Mohamm-adullah, Advocate, instructed by A. Rab II, Advocate-on-Record-For respondents 1 & 2 (In C.A. 169 of 1979.)
Mozammel Huq Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the respondent 3 (In C.A. 169 of 1979.)
M. Nurullah, ......vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
......nt (In C.A. 169 of 1979).
S.R. Pal, Senior Advocate, with Mohamm-adullah, Advocate, instructed by A. Rab II, Advocate-on-Record-For respondents 1 & 2 (In C.A. 169 of 1979.)
Mozammel Huq Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the respondent 3 (In C.A. 16......In C.A. 169 of 1979.)
M. Nurullah, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For appellant (In C.A. 65 of 1980.)
Syed Ishtiaq Ahmed, Senior Advocate, with K.Z. Alam and Khalilur Rahman, Advocates, instructed by M.R. Khan, Advocate-on-Record-For respondents 1 & ..
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 ......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 ...... Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......nal Jurisdiction) Present: Syed Muhammad Husain J Sultan Hossain Khan J Manager Zeal Bangla Sugar Mills. Ltd..................Petitioner Vs. Chairman, First Labour Court and another...........Respondents Judgment June 12, 1980. Result: The Appe..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....s Case is also Reported in: 1 BLD (HCD) (1981) 46. ...... 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. ......also Reported in: 1 BLD (HCD) (1981) 46. ......the parties or their respective lawyers after the Pleader Commissioner submits his report. But if considerable time has elapsed between the last occasion when the Court had dealt with the proceedings and the submission of the report, it is only fit and proper, and, indeed there is a practice, that t..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 ......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 ......, (1948) AC 87; Padfield Vs. Minister of Agriculture (1968) 1 All E. R. 694; State Vs. Zia-ur-Rahman PLD 1973 SC 49; Zafrul Ahsan Vs. Republic of Pakistan, PLD 1960 SC 113; Abdur Rouf Vs. Abdul Hamid Khan, PLD 1965 SC 671, Federation of Pakistan Vs. Saeed Ahmed, PLD 1974 SC 151; Mohammad Afzal Vs. C......Vs. Saeed Ahmed, PLD 1974 SC 657; AnisminicLtd. Vs. Foreign Compensation Commission, (1969) 1 All E. R. 208; Patterson Vs. District. Commissioner of Accra, (1948) AC 341 Franklin Vs. Minister of Town and Country Planning, (1948) AC 87; Padfield Vs. Minister of Agriculture (1968) 1 All E. R. 694; Sta..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 ......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 ......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 ......te-on-Record-For the respondent. S.R. Pal, Sr. Advocate, appeared as Anmicus Curiae. Civil Appeal No. 31 of 1972 (From Writ Petition 85 of 1974. 46 other appeals were heard analogously and disposed of by this judgment) Judgment B.H. Chowdhury J.- These appeals arise out of ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
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