Search Options
Judgment Advanced Search
Displaying 1321-1340 of 5586 results.
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....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 properties as enemy property, and prayed for the surrender of its management and control to the...... also Reported in: 1 BLD (AD) (1981) 1 ......ause Ordinance I of 1969 which was enacted to keep alive the provisions of Rule 182, ceased to be a valid piece of legislation. Alternatively, it was urged that whatever might have been the legal position of Ordnance of 1961, with emergence of Bangladesh as an independent country..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....government under Section 4 of this Order leads to government control over the management and direction of its affairs. Other relevant provisions which went to establish such control over an abandoned property may be seen in Sections 5, 6, 8, 9, 13 and 21 of the Order.
17. Still the question rem......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 & ......ataking transferred under clause (b) shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the Bangladesh Corporation ;
(d) all suits, prosecutions and other legal proceedings instituted by or against the said Corporation in relation to the undertaking ..
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)
.... found in the proceeding before the enquiry officer Labour court cannot reverse his finding. Reinstatement in service— Even when the proceeding before the Enquiry officer suffers from proper compliance with the procedure laid down by the law warranting quashment of the dismissal orde......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......ere reinstatement could be allowed as such. 4. It has been submitted by the learned Advocate for the respondent No. 2 Mr. Aminul Huq that the proceeding before the enquiry officer suffers from illegality in view of the fact that respondent No. 2 was found guilty on the evidence of a accused and..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....ader 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 the lawyers of both sides are to be informed of the re......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......tion of the suit properties. The Pleader Commissioner could not have worked for effecting a partition of the suit properties in the absence of a validly drawn up preliminary decree. There was no legal foundation for his work. His entire exercise was a nullity and the learned Subordinate Judge c..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ther Iftekheruddin alias Babul lodged a complaint in the Motijheel P.S. to that effect. Dr. Mozammel Hoq Chowdhury carried out the post-mortem examination on the dead body of Saleha Begum but without proper investigation submitted report supporting the case of suicide. Dr. Mozammel Huq Chowdhur......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...... petitioner under section 302 of the Penal Code and sentencing him to death and the order dated 29-1-1978 confirming the sentence of death have been taken without lawful authority, and are of no legal effect; and for an order directing the respondents No. 2 and 3 to refrain from giving effect t..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....was a mere amendment of a grammatical error. Lastly, it was contended that the High Court Division erroneously took the view that President's Order No. 24 of 1973 affected certain vested right to property which is violative of the fundamental right guaranteed by the Constitution. 5. Before ......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 ......and interest within the stipulated period no matter whether the profits of the land taken by the mortgage had been of sufficient value to cover the total amount of the loan with interest thereon. The legal effect of it is that after expiry of the stipulated period the property automatically com..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....ufficient opportunity to remove the defect by impleading the persons named in the written objection but they failed to remove the defect, and consequently, the application must be treated as not properly constituted. Section 96, sub-section (2) requires that all the co-sharer tenants of th......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......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 instant suit is not legally maintainable due to defect of parties as several co-sharers by inheritance have not been bro..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 ...... March 5, 1980 Result: The Rule is made absolute. Case Referred to- Abdul Hadi, Managing Partner, Hadi Brothers Vs. EPWAPDA, W.P. No 448 of 1968 (un-reported); Joseph Vilangandoa Vs. Executive Engineer (PWD), AIR 1978 SC 930. Lawyers Involved: Syed Ishtiaq Ahmed ...... held to be violative of the general principles of the rules of natural justice and on that account declared such order of black-listing was made without any lawful authority having no legal effect as such. A recent decision of a Division Bench of the Supreme Court of India reported i..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....imitation was based on evidence on record and I do not find any substance in the contention of the learned Advocate of the petitioner as both the courts below came in this finding on proper consideration of evidences. For the reasons stated above, the order of the court of......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......ously resulted in error in his decision. In view of the above discussion I hold that the petitioner is entitled to get the improvement costs of Tk. 1200/-and the learned court of appeal below was not legally justified in disallowing the petitioner to raise the question of improvement of the land and..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
.... 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. ......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......However, it will depend on the facts of a particular case to see whether there has been default in payment of rent in terms of the statute, but once the fact is established in terms of the Ordinance, legal consequence flowing there from cannot be averted. 5. All that is needed is to see whether..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93. ...... others Vs. Government of the People Republic of Bangladesh & others, 1977 BSCR 32; Serajuddin Bepari & others Vs. Mizanur Rahman & others, 29 DLR ($C) 82,; S.N. Gupta & Co. Vs. Sadaananda Ghoss & others, PLD 1960 Dacca 153. Lawyers Involved: Amirul Islam with Abdu......tioner, but the opposite party No. 1 had already submitted the picture to the Film Censor Board for approval without the signature of the petitioner to which the opposite party No. 1 is not legally entitled. The petitioner filed an application under Order 39 rule 1 C.P.C. praying for ..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....-emption although he was alive till then. 4. The question raised in this appeal can be answered by applying the test whether the right of pre-emption is a personal right or it is attached to the property under pre-emption. 5. Section 96 provides right of pre-emption to the co-sharers ......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...... 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 death, but it devolves upon his legal heirs…………(5) Waiver of the right When a co-sharer is non..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....is given in the definition unless there is any (sic) contrary in the context. There is no necessity to travel elsewhere or to other enactments for the purpose of defining that word or discovering its proper meaning. 15. Section 25 of the Act of 1965 is as follows (1) "Any individ......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......965 (hereinafter referred to as 'the Act'). On merit the High Court found that the Labour Court could not go behind the findings of a domestic enquiry, as its duty was only to see whether the legal requirements prescribed by section 18 of the Act were complied with or not. After finding..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....der No. 9 of 1972, now repealed. It was stated that the Notifications dated 16.11 -65 have no relevancy in Bangladesh as it did not survive, moreover the said rule of seniority dated 16-11-65 was not proper being ex-facie discriminatory as it provided two standards for 'determining seniority-the......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 ......the promotion of respondeqt Nos. 3 and 4 (in Writ Petition 527/79) and respondent Nos. 3 to 7 (in Writ Petition 528/79) should not be declared to have been made without any lawful authority and of no legal effect and why the respondent Nos. 1 and 2 of the petitions should not be directed to withdraw..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....s granted in terms mentioned above. Mr. Asrarul Hossain, the Learned Counsel appearing for the appellant, argued that courts below had not considered the agreement. Annexure "A" in the proper perspective and the second stipulation in the said agreement had amply provided the mana......
Lawyers Involved:
Asrarul Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record - For the Appellant (In both the appeals).
A.N.M. Gaziul Huq, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Respondent No.2 (In both the appeals).
Civil Appeal Nos.8 &......red in law in not considering the second stipulation of the agreement which manifestly reserves with the company the power to take appropriate disciplinary action against the leaders of the legal strike on 14.3.76 and further in not considering that the Company had followed the statutory p..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....e. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. Effective delivery of possession of gifted immovable property in occupation of tenant will be occurred by delivery of title deed. The provision of s......& 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. ......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. They further contended that section 23 of Non-Agricultural Tenancy Act, 1949 is a ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ion Suit 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 conÂtract and that contract has been affirmed by a decree for s......32 DLR (AD) (1980) 24. ................Respondent Judgment August 23, 1979. Result: The appeal is dismissed. Partition Suit 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 t..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....c Works & Urban Development, Government of Bangladesh………..Respondents
Judgment
August 17, 1979.
Result:
The rule is made absolute.
Owner of abandoned property has no legal authority to transfer the property-
An abandoned property within the mean......of Public Works & Urban Development, Government of Bangladesh………..Respondents
Judgment
August 17, 1979.
Result:
The rule is made absolute.
Owner of abandoned property has no legal authority to transfer the property-
An abandoned property within ......ban Development, Government of Bangladesh………..Respondents
Judgment
August 17, 1979.
Result:
The rule is made absolute.
Owner of abandoned property has no legal authority to transfer the property-
An abandoned property within the meaning of the Presi..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
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 ...... Kazi Ali Noor………………………………………..Petitioner Vs. Secretary, Ministry of Agriculture and others………….Respondents Judgment July 26, 1979. Result...... way of reduction in rank and as this punishment has been inflicted without giving him any opportunity to defend himself the impugned order being violative of the said Service Regulations is wholly illegal and without jurisdiction. He has prayed therefore for a declaration from this Court to this ef..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....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. ......esent: Kemaluddln Hossain CJ Ruhul Islam J KM subhan J Abul Bashar Toha…………………….......Appellant Vs. Sujayat Ali and others……………………Respondents Judgment ......ith service of such notice on any respondent who did not appear, either at the hearing in the Court whose decree is complained of or at any proceeding subsequent to the decree of that Court or on the legal representatives of any such respondent; Provided that………&hellip..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
12859279922091749322920092819194875792029198928592769169693291731235931793256931