Search Options
Judgment Advanced Search
Displaying 1201-1220 of 5707 results.
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
..............................Petitioner Vs. Md. Serajul Islam & others…………Opposite party Judgment August 1, 1980. Result: The Rule is made absolute Lawyers Involved: Md. Amir Hossain—For the Petitioner. Md. Ruhul Amin&md......ff, it was submitted, resorted to the contrivance of a declaratory suit and thereby sought to avoid section 26 of the Ordinance No.LI of 1983 which says that no election under this Ordinance shall be called in question except by an election petition under sub-section (2) It has been argued that sect......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 ......tuted the aforesaid suit for a decree: (a) declaring that the plaintiff is the legally elected Chairman of No.1, Bangora West Union Parishad on the basis of the Chairman election held on 15.1.84 and the defendant No.1 is bound to publish the result in the official Gazette; (b) restraining..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....p;……………….Respondent Judgment July 15, 1980 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 mandator......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 ...... case on 10.1.74. In revision at the instance of the respondent the learned Single Judge of the High Court by his judgment dated June 10, 1977 set aside the order of the S.C.C. Judge and directed the trial Court to accept the security bond and to proceed with the Miscellaneous Case according to law.......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)
....ce amount by 24-3-70. 3. The question for consideration in this appeal has teen set out earlier. It is to be seen that the Executing Court which was the trial Court, and which was the successor to the Munsif of the trial Court, held that Munsif in setting aside the ex-parte decree had ado......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: ......as set aside on 30-6-72 and the decree was sealed and signed on 7-12-72. Thereafter the decree was put into execution and the defendent judgement-debtor took exception to it on the ground that the trial Court had no jurisdiction to pass the order on 19-5-72. The executing court allowed the objec......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
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....and acquisition during jointness of the family. In a case where the question is between two or more brothers of a Hindu-family living jointly having joint property, the initial onus is on the person who alleges jointness to show that there a joint family and there was a nucleus of the joint fam......y property, which was possessed by the brothers jointly, nor was there anything to show that Rajani managed the property on behalf of his brother. It then considered the oral and documentary evidence called by the parties and came to a reverse finding to that of the trial Court. 6. On second ap......only seven or eight years before the institution of the suit, and so the defendant was entitled to half of the interest in the suit property. The other plaint allegation was denied. 4. The trial Court on consideration of oral and documentary evidence held that the brothers on the death of......t: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Nemai Kumar ……………….................................Appellant Vs. Ramesh Chandra Dutta and others...................Respondents Judgment June 30, 1980. Result:..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....eed per S.S. "Firdausa" under bills of lading Nos. 129 and 130 dated 6.10.58 and 16.10.58 respectively from Karachi to be delivered to the defendant at Chittagong. As agreed the plaintiff also paid freight and insurance premium for the said consignments on defendant's account and sent ......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. ......ut the arrival of the shipping documents and any notice for retiring the shipping documents on payment of price, freight and insurance charges as alleged. On these pleadings, the parties went on trial and the learned Subordinate judge on consideration of the respective cases of the parties, the...... 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)
....ourt of Bangladesh in Writ Petition No. 121 of 1973) Judgment Kemaluddin Hossain CJ. - The question involved in this appeal as urged by Mr. Pal is a substantial question of law of some public importance; as to whether Ordinance 1 of 1969 was not continued by Laws Continu...... 1965 were framed. The Governor of the then East Pakistan under delegated authority by order of 20-9-65 made in exercise of powers conferred by Rule 181 of the Defence of Pakistan Rules, briefly called the Rules, took over the control and management of the firm along with another firm, and....... 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 ...... also Reported in: 1 BLD (AD) (1981) 1 ..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....of the enterprise, it was claimed that it became a public enterprise within the meaning of the terms as provided in the Comptroller and Auditor-General (Additional Functions) Amendment Act, 1975 so that its accounts are now audited by the Comptroller and Auditor-General of Bangladesh. It gets a...... a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 19, 1979.
3. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (here......as Transmission and Distribution Company Ltd., did or did not maintain the corporate character of a limited company when, in 1972, it was nationalised under the provisions of the Bangladesh Industrial Enterprise (Nationalisation) Order, 1972, (P.O. No. 27 of 1972) and placed under the corporati......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
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....gment April 28, 1980 Result: The Petition is dismissed for non-prosecution. Partition suit Formal defect in preliminary decree does not nullify the work of Pleader Commissoner-Defect in preliminary decree can be corrected ex debito justitlae. It will be plainly an ...... 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. ......fs claimed 2/5th share in each of Schedules 'A’, ’B','C' &'D' properties. Defendants 1-3 filed a joint written statement contesting the suit but at the time of trial defendants 1 & 2 prayed for separate sahams. Dfendant No. 2, the appellant claimed 3/......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)
.... Case Referred to- Halima Khatun Vs. Bangladesh, 30 DLR (SC) 207; State Vs. Haji Joinal Vs. Abedin, 32 DLR (AD) 110, followed; AsmaJilani Vs. Government of Punjab, PLD 1972 SC 139; State Vs. Dosso. PLD 1958 SC 533; Begum Nusrat Bhutto Vs. Chief of Army Staff & Federation of Pakistan, PLD 1......rported to have been derived from such Proclamation, Martial Law Regulations, Martial Law Orders. (3) Whether the decision of the reviewing authority, namely, the Government of Bangladesh can be called in question under Article 102 of the Constitution despite the Proclamation of 6-4-79." ......an explanation in the following term. "Explanation—A case triable by a Court of Session pending before a Magistrate for enquiry may also be transferred to a Martial Law Court for trial." The above provision empowers, inter alia, the Chief Martial Law Administrator to t......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)
....Judgment March 19, 1980. Result: All the appeals are allowed. Case Referred to- Ram Kinkar Vs. Satya Charan, 66IA 50; Macbeth Vs. Chistell, (1910) AC 220; Grev Vs. Pearson, (1857) 6 H.L Case 61. Lawyers Involved: K.A. Bakr, Attorney General, with Abdul Wadud...... of interpretation to construe the word 'transfer' as 'transfer by mortgage'. It was further contended that the learned Judges of the High Court Division were wrong in applying the so called mischief rule as enunciated in Hey don's case to hold that the words out and out sale wit......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
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....egally maintainable due to defect of parties as several co-sharers by inheritance have not been brought on record. The pre-emptors got sufficient opportunity to remove the defect by impleading the persons named in the written objection but they failed to remove the defect, and consequently, the......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 ...... in the absence of contiguous land owners as named in the written objection. To meet this objection the appellants impleaded the persons whose names were, supplied by the pre-emptee. At the trial only two points were pressed, namely, whether the petitioners were the owners of the cont......Judgment March 18, 1980 Result: The appeal is allowed. The pre-emptors cannot succeed on such an application-several co-sharers in the 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 instan..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
.... Plot Nos. 425 and 430 corresponding to S.A. plot No.773 of Mouja Panthadubi which was transferred to the petitioner for consideration of Tk.2,300/-by a registered kabala dated 16.8.72 by the predecessor-in-interest of opposite parties No.3(a) to 3(d) on the allegations, inter alia, that they were o......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. ...... Miscellaneous Appeal No.139 of 1974 in the court of District judge. The appeal, however, on transfer was allowed by the learned subordinate Judge who sent the case back on remand for fresh trial by the learned Munsif with a direction to decide the question as to whether application u......r Vs. Satya Bhoma Nath & others...................Opposite Parties Judgment March 3, 1980. Result: The Rule is discharged. Case Referred to- Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfun Naher Vs. Syeda Hashmat Ara, 21 DLR..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
....ault succeeded both before the trial Court and on revision by the tenant before the High Court Division. The matter was placed before a learned Single Judge of the High Court Division, who on finding some conflicting decisions on the question of default, referred it to the Division Bench, which...... 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. ......as required bona fide for the accommodation of his family. The case of the plaintiff did not succeed on the ground of bona fide use and occupation but his ground for default succeeded both before the trial Court and on revision by the tenant before the High Court Division. The matter was placed befo......ump 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 of section 18(1) and 18(5) of the Premises Rent Control Ordinance, 1963, unless there is a contract to the contrary o..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....irs or their heirs inherit the right along with the land. In a pending proceeding the heirs are entitled to be substituted in the place of the deceased pre-emptor and proceed with the case. So also the right of pre-emption once accrued, the right of pre-emption does not lapse in the event of de......e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ...... transfer of the case land. Their further case is that no notice of sale was served upon them and that in order to avoid pre-emption the kabala was registered in a different Sub-Registry. 3. The trial Court allowed the Miscellaneous case being Miscellaneous Case No. 133 of 1973 against the dece......l is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interest in the land in question the preemption case..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....o him, to victimisation by the company. During the pendency of his case before the Labour Court in which he raised an industrial dispute, the company initiated two separate proceedings against him on some base-less charges it is alleged. In the first proceeding, the allegation revealed that he preve......High Court passed in Writ Petitions No. 863 and 864 of 1974 on January 7, 1977. In Civil Appeals No. 46 and 47 of 1978, Ally Akbar, who is an employee of James Finlay & Co. Ltd. (hereinafter called "the Company”, is the appellant. The company which is the appellant in Civil Appea...... in trade union activities. His involvement ultimately led, according to him, to victimisation by the company. During the pendency of his case before the Labour Court in which he raised an industrial dispute, the company initiated two separate proceedings against him on some base-less charges ......lay & Co. Ltd. & Another……..……………………Respondents Judgment January 7, 1980 Result: Civil Appeal No. 26 and 27 of 1978 are allowed. Appeal Nos. 46 and 47 of 1978 are disposed of. Case Referred t..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....Issac Vs Hotel De Paris Ltd., (1960) 1 All E.R. 348; Crane Vs. Morris, (1955) 3 AH. E.R. 77; Addiscombe Garden Estates Ltd. and another Vs. Crabbe & others, (1957) 3 All E.R. 563; Facchini Vs. Bryson (1952) 1 T.L.R. at P. 1389; Finbow Vs. Ajr Ministry, in (1963) 2 All E.R. 647 AIR 1965 (SC) 610.......ut that agreement must be a formal agreement i.e., it must be executed by both parties to the agreement, and, if required to be registered, it must also be registered. A unilateral document cannot be called in aid to determine a question of this nature. I am of the opinion, therefore, that the appel......dinate Judge, Second Court, Sylhet heard the two appeals together and by a single judgment dated 31.3.65 dismissed both, the two appeals, substantially agreeing with and upholding the findings of the trial Court. 7. The plaintiff has preferred S.A. No. 27/66 and the defendant No. 1 has preferre......in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb AIR 1965 (SC) 60; Goalunda Fishing Industries Vs. Pakistan, (1970) 22 DLR (Dacca) 349; Errington Vs. Errington, in 1952 (1) All E.R. 149; Cobb and another Vs. Lane, in 1952 (I) All E.R. 1199; Issac Vs Hotel De Paris Ltd., (1960) 1 All E.R. 348..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
.... September 10, 1979 Result: The Rules are accordingly disposed of. Case Referred to- General Manager, Southern Railway Vs. Rangachari, AIR 1962 (SC) 36 ; Nagnooor v: State of Mysore, AIR 1964 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Province of Ea......r permanent appointment in 1965 by the erstwhile Government^ of Pakistan as a member of the former Civil Service of Pakistan on the basis of the results of a country wide open competitive examination called the "Central Superior Services Examination". He was promoted to the senior scale of......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 ......4 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Province of East Pakistan, PLD 1971 SC 82. Lawyers Involved: Syed Ishtiaq Ahmed with S.A. Latif, Abdul Rah Chowdhury and Rabia Bhuiya, Advocates-For the Petitioners. K.A. Bakr, Attorney General, with MM. Haq and ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....hellip;. Appellants Vs. Shah Alam & another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent exec......t was not maintainable in the absence of a prayer for recovery of khas possession. The defendants contended that the plaintiffs acquired no title in the suit property on the basis of the so-called oral gift which is an afterthought and concocted with ulterior motive for illegal gains.......nd the acceptance of the gift by the donors and these evidences of the witnesses could not be impeached at all with reagrd to the main ingredients necessary to prove a gift. He has submitted that the trial Court was wrong in observing that the plaintiffs did not state anything in their depositi......& another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....nd. He can lawfully maintain and protect his possession and interest in the property. The rights of the parties acquired under the decree are the same and they are in joint possession. What is sought is to enjoy the property in severally for convenience. In such circumstances, a partition sui......n second paragraph of section 45 of the Transfer of Property Act. It is true that the learned Judges of the High Court applied the rule, but in so applying they have fully considered the evidence called by both sides and have found that the plaintiff's two witnesses, plaintiff himself and P.W.......ich was contested mostly on two grounds. First, as to the quantum of share of the plaintiff, whether it was 1/3rd or 1/6th; and, secondly, the suit for partition by the plaintiff was incompetent. The trial Court negatived the first part of the claim of the plaintiff, holding that his contribution wa......32 DLR (AD) (1980) 24. ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....gh Court Division in S.A. No.185 of 1972). Judgment Kemaluddln Hossain CJ.- Appellant is one of the defendants and the question in this appeal by leave, though a 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......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. ......s in controversy between the parties need not be set out excepting that the appeal arises out of a suit for partition instituted by the plaintiff respondent. It was decreed in preliminary form by the trial Court and on appeal the first appellate Court dismissed the same and a second appeal was filed......esent: Kemaluddln Hossain CJ Ruhul Islam J KM subhan J Abul Bashar Toha…………………….......Appellant Vs. Sujayat Ali and others……………………Respondents Judgment ..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
93859284128011429221128592799174932292009281875792029285927693279169917312356931