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M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)

...." as given in Rule 169 (4) sought to be continued by section 2 of Ordi­nance 1 of 19(9 need Jo be looked into. "Enemy has been defined under clause (a) to mean a Stale or Sovereign of a State at war with or engaged in military operations agai­nst Pakistan, or any individual re......Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J M/S. Dulichand Omraolal……………………………….Appellant Vs. Bangladesh, through the Secretary, Ministry of Industries & others.................Resp......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   ..

Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109

Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, 1980, 9 CLC (AD)

....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 ......) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Mosharraf Hossain Chowdhury…………….Appellant Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another&hell...... 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 ..

Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7

Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)

.... Referred to- Jai Behram Vs. Kedar Nath. AIR 1922 PC269; Rodger Vs. The comptoir d' Escompte de Paris, LR 2 PC 464; Kishore Vs.Yashivantrao, AIR 1957 MB 17; Ahidhar Ghose Vs.The Secretary of State for India-in Council 36 CWN 665;Fazlur Rahman Vs. Sajab Ali, 30 DLR SC 30. Lawyers Involv......il Revisional Jurisdiction) Present: Abdul Wadud Chowdhury J Mostafa Kamal J Md. Wasiq Khan ……………………….Appellant Vs. Md. Sabiq Khan & others……………Respondents Judgmen......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. ..

Category: Property Law | Date: 28 Apr, 1980 | Hits: 3

Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....hellip;….....................Respondent Judgement March 27, 1980 Result: The appeal is dismissed. 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, PL...... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Kh. Ehteshamuddin Ahmed @ Iqbal…………… Appellant Vs. Bangladesh & Others…………….....................Respond......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)

....y;ment is date 26-4-63 which stipulated that the land will be reconveyed if the money is repaid within 19 years. The respondent No.3 made an application under section 95(4) and (5) of the East Bengal State Acquisition & Tenancy Act to the respondent No. 2 for restora­tion of possession of th...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh ……………………………………Appellant Vs. Haji Abdul Gani Biswas & others ………………&hellip......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 ..

Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5

Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)

....leave arises from the judgment dated February 14, 1977 of the High Court of Bangladesh in Civil Revision Case No.1696 of 1968 in con­nection with the preemption case section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The short question for consideration in this appeal......din Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abdus Samad & Others……………………Appellants Vs. Md. Sohrab Ali & Others…………………..Respon......in CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abdus Samad & Others……………………Appellants Vs. Md. Sohrab Ali & Others…………………..Respondents ......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)

....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     ...... (Special Original Jurisdiction) Present: Syed Muhammad Hussain J Sultan Hossain Khan J Lt. Col. (retd) M.A. Mannan & others…………..Petitioners Vs. Bangladesh…………………………&......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     ......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)

....0.11.76. 2. In this application the petitioner has challenged the order of the learned Subordinate 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 Opposit......onal Jurisdiction) Present: AM Mahmudur Rahman J Abdul Majid Akon…………………………………Petitioner Vs. Satya Bhoma Nath & others...................Opposite Parties Judgment March 3......ellip;Petitioner 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 Hash......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

Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)

....9 from C.R. 174 of 1977 Judgment Rubul Islam J. - In this appeal by special leave the question for our consideration is whether the right of pre-emption as conferred under Section 96 of the State Acquisition and Tenancy Act, 1950 is heritable right. 2. Facts relevant for disposal of t...... Kemaluddin Hussain CJ Ruhul Islam J Badrul Haider Chowdhury J Inu Mia & others…………………………..Appellants Vs. Mokhlesur Rahman & others……….. Respondents Judgment Janu......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 ......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 ..

Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

.... 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     ......Islam J KM. Subhan J Badrul Haider Chowdhury J James Finlay & Co. Ltd……………………………….Appellant Vs. Chaiman Second Labour Court, Dacca & Another……… Respondents M...... 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)

....e document. He hold the homestead which-is the subject matter of T.S. No. 98/58 as nonkar tenant as he rendered services to the plaintiff. He built all the huts in question at his own cost. After the State Acquisition and Tenancy Act, 1950 he held the land as tenant under the Government. He is, ther......Civil Appellate Jurisdiction) Present: Mustafa Kamal J Dhamai Tea Co Ltd. ………………........................ Appellants (In S.A. 27/66) Vs. Arjoon Kumar & another…………………….......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         ......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

Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)

....et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430.   ......et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430.   ......et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430.   ......et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430.   ..

Category: Family Law | Date: 30 Nov, 1979 | Hits: 1

Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)

.... Judgment 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. Pro......sion (Special Original Jurisdiction) Present: Chowdhury A. T.M. Masud J Abdul Malek J Mohammad Faizulla…………………Petitioner Vs. Govt. of Bangladesh…………………Respondent ......mpletion of 14 years of service, and this fact would be con­firmed on a reference to the aforesaid Grada­tion list of the Ex-Civil Service of Pakistan corrected up to January, 1979 petitioner Md. Faizullah claimed that he completed 14 years service on 30-12-78 as relied on Annexure 'H......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)

.... 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.           ......ourt Division (Civil Appellate Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hqssain Khan J Alhaj Aklima Khatun & another………. Appellants Vs. Shah Alam & another…………………Respondents ....... Fakir Janan Begum, 49 JA 195; Gani Mia & other Vs. Wazid Ali, 39 CWN 882 s McEvoy Vs. The Belfast Banking Company Ltd., 1935 AC 24. Lawyers Involved: Khandoker,Mahbubuddini Ahmed with Md. Shafiqur Rahman, Advocates- For the Appellants. Fakir Abdul Mannan with Bazlur Rahman, Advo...... 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)

....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. ......pellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Dr. Mohammad Hossain and anr...........................Appellants Vs. Abdul Malek Khan..........................Respondent Judgment August 23, 1979. ......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. ......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

Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

....led a joint affidavit- in-opposition. They have admitted that Sk. Abdul Aziz and Moriam Bibi were the original owners. But they contend that Sk. Abdul Aziz and Moriam Bibi having become citizens of a State which was at war with and engaged in military operation against Bangladesh, the property becam......(Special Original Jurisdiction) Present: Shahabuddin Ahmed J RafiqurRahmaa J Abdul Hakim………………………....Petitioner Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh&helli......Moriam of village Kamarkhola under P. S. Nawabganj, District Dacca. They had owned and possessed the same physically up to 12-2-74, when they executed a General Power of Attorney in favour of one Sk. Md. Abdul Mannan, son of late Abdul Hamld of Village Churian under PS Nawabgaoj, Dacca authorising t......t any lawful authority and is of no legal effect. There will be no order as to coats. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (1979) 402   ..

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

....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   ......preme Court High Court Division (Special Original Jurisdiction) Present: Shahabuddjn Ahmed J Rafiqur Rah­man J Kazi Abdul Wahab......................Petitioner Vs. Bangladesh, (through the Sec­retary, Ministry of Law and Parliamentary Affairs, Law Div......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

Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)

....thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ...... Shahabuddin Ahmed J Rafiqur Rahman J Kazi Ali Noor………………………………………..Petitioner Vs. Secretary, Ministry of Agriculture and others………….Respondents ......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ..

Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2

Shaikh Keramat Ali Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1979, 8 CLC (HCD)

....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   ......t High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rah­man J Shaikh Keramat Ali..............................Petitioner Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents J......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

Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)

....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 ......ivil) Present: Kemaluddin Hossain CJ Rubul Islam J KM. Subban J Lutfu Mia……………………......................Appellant Vs. Government of Bangladesh & Others………….Respondents Judg......d cannot be sustained….. (6) Lawyers Involved: Syed Ishtiaq Ahmed, Sr. Advocate, with Mahmudul Islam, Advocate, instructed by Abu Backkar, Advocate, on Record-For the Appellant. Md. Moksudur Rahman, Deputy Atorney General, instructed by S.S. Hoda, Advocate on-Record-For the Res......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