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Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)

....he principal-cum-secretary of the school and the wife of the then Chief Whip of the National Assembly of Bangladesh became the Head Mistress of the School. The president of the school was headed from time to time by a non-official and at present Mr. Abdus Sobhan, an Advocate of the Supreme Court, is...... 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.    ..

Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7

Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)

.... 1972. I see substance in the contention of the learned Advocate. Article 3, which is relevant, of P.O 12/72 is quoted below:- "3. Notwithstanding any thing con­tained in any other law for the time being in force, all Judgments, decrees or orders passed ex parte by any Court or tribunal or or......he defendants 10-17 will be struck of the decree. The order of the learned Munsif for resto­ration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ..

Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29

Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)

....Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60     ....... The learned Magistrate on receiving the application asked the opposite parties to re­move the obstacles by 15-4-76 or to show case. Subsequently the opposite parties showed cause and prayed for appointment of Jurors. The learned Magistrate himself appointed fore­man of the Jury and he appo..

Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1

Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)

....s of section 32 the power of attorney shall alone be recognised and here we exclude all others excepting which is relevant for our purpose and that is in clause (c) which says if the principal at any time aforesaid does not reside in Bangladesh a power of attorney executed before and authenticated b......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     ..

Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3

Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)

.... to consider material evidence on record and to appreciate the cases of the respective parties and have also erred in law failing to come to a con­clusion that the application for pre-emption was time-barred and that the transaction was a benami transaction. From a consideration of the materials...... 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       ..

Category: Property Law | Date: 26 Aug, 1980 | Hits: 2

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......gladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the Administrative Manager of the Enterprise which is contained in the letter from th..

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