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Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)

....in paragraph 4 or to direct the defendant No. I to appear at the Court and show cause why he should not furnish secu­rity to the extent of the claimed amount of Tk. 2,27,02, 361/61 and in the meantime pass an order of conditional attachment of the said properties for the ends of justice." ......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     ..

Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1

Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)

....e cannot defeat the claim of the plaintiff of the suit. The plaintiff was not and could not be aware of the said alleged promissory notes dated 15-8-72 and 30-9-72 and agreement dated 29-10-72 at the time of his deed of agreement dated 10-2-73 as the same was not then in exis­tence and the same ......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. ..

Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1

Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)

....n 15.4.84 or on any subsequent date. By order dated 8.4.84 the learned Munsif asked the defen­dants to show cause within seven days aga­inst the prayer for temporary injunction and in the meantime restrained the defendants from publishing the result of the election of the Union Parishad if t......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

Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)

....ature tagged on fixed capital. This view of their lordships of the Privy Council was subsequently successively affirmed by their lordships of the Supreme Court of India in vari­ous decisions from time to time reported in 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. 1......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 ..

Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2

Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)

....39;s direction may be filed within the period of limitation—Court may pass order beyond the period of limitation giving direc­tion—Compliance with the Court's direction within the time fixed by Court—Application to set aside the decree maintainable. Applicant for setti......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)

....on of law involved in this appeal is whether the lear­ned Single Judge of the High Court Divi­sion correctly held that the executing Court can go behind the decree to see whether the extension of time granted to deposit the balance consideration money for the pas­sing of a decree for specific ......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)

....end otherwise- The normal incidence of an f.o.b. contract is that property in goods passes to the buyer on shipment; (ii) the parties, however may intend that property shall pass at a subsequent time, as for example, on payment of price and charges and on such event property shall pass at such ......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)

.... been defined in Rule 169(1) (a) as any individual who possesses the nationality of a State at war with or engaged in military operations against Pakistan, or having possessed such nationality at any time has lost it without acquiring another nationality. The other details need not be mentioned. 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   ..

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)

....nder a Corporation by, or by an order under clause (1) of Article 10, and all shares and proprietary and other inter­ests, as,have not already vested in the Government by or under any law for the time being in force, shall by virtue of this Article and with any further proceeding or formality, s......ned that the order of termination of his service mentioned above was not with­drawn by the Company. By its order dated April 5, 1974 the services of all officers of var­ious enterprise of the scale of Tk. 600/- and above were placed under the administrative control of the Corporation and wer..

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

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

....e parties whether Permissible There is no specific provision of serving notice upon 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 sub...... 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)

....ead body of Saleha Begum but without proper inves­tigation submitted report supporting the case of suicide. Dr. Mozammel Huq Chowdhury was tried separately in M.L. Case No. 41 of 1978. In the meantime P.W.1 Shahidul Karim, a brother of the deceased, lodged an information in the Motijheel P.S. ac......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)

....) by President's Order No. 24 of 1973. After all these amendments sections 95 and 95A as stand today are as follows: "95. (1) Notwithstanding anything contained in any other law for the time being in force, a raiyat shall not enter into any form of usufructuary mortgage other than a co......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)

.... of sub-section (4) clearly indicates that a co-sharer tenant or a ten­ant having land contiguous to the land trans­ferred, failing to join in the pre-emption pro­ceeding within the given time, shall not have any further right to purchase under this section…….(25, 16 & ......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

Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)

....f sec­tion 96 of State Acquisition and Tenancy Act was maintainable. It may be noted here that after remand the petitioner filed and additional written objection on 4.7.1975 wherein for the first time he alleged that transferred was non-agricultural land. The case after remand was allowed on con......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)

....be observed that from Falgoon, 1375 B.S. to the filing of the suit, the tenant attempted to deposit rent with the Rent Controller, but it appears that he had deposited rent once for three months at a time by Ext. A covering Chaitra, Baisakh and Jaistha, and then again for two months by Ext. A (3) co...... 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

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

....se is that on hearing about the sale after making necessary search in the Sub-Registrar's office and on tak­ing a certified copy of the Kabala on March 8, 1973 they came to know for the first time about the transfer of the case land. Their further case is that no notice of sale was served up......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)

....equirements under this section, his applications cannot be treated to be under section 25. On reference to section 25 it is seen that clauses (a) and (b) of sub-section (1) of sec­tion 25 provide time limits for doing certain things prior to his filing the application before the Labour Court. Cl...... 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

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

.... established procedure. It was stated that the Superior Selection Board recommended the petitioners for promotion in spite of the fact that the petitioners did not complete 14 years of service at the time and that their names were also sent to the said Board by the Establishment Division itself. It ......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 the erstwhile CSP on 2-2-1970 and was subsequently posted as Deputy Secretary to the former..

Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1

Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

....of Rs. 7,500/ as gift tax. Unfortunately, the donor expired on the next day, i.e. on 22.12.68. The defendants are the sons of consanguine brothers of the grand father of the donor and during the life time of the donor the defendants had no connection with him. 3. The defendants filed a petition...... 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

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

.... By the very definition of the "abandoned property" and the authority concerned cannot treat each and every property as an abandoned property and this power cannot be exercised for all time arbitrarily. It was an emergency legislation for the control, management and disposal of certai......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