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Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
....) 56 ...... 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 ...... 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)
....hellip;…….Petitioner Vs. Messrs Eastern Technique & others…………. Opposite parties Judgment August 6, 1980. Result: The application is rejected. Case Referred to- Paia & Co. S.P.A. Vs. Thurmann Neilson, (1952)2 Q......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." ......Subordinate Judge, refusing the plaintiff's prayer for attachment before judgment under Order 38, rule 5 of the Code of Civil Procedure. 2. Plaintiff filed Money Suit No. 23 of 1980 for recovery of certain sum of money and made the following prayer: "for a decree against the ......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)
.... Durgaprasad & another Vs. Deepchand & others, AIR 1954 SC 75; Methu Vehemandu Vs. Duggiarala Pitchayya, AIR 1946 Mad 497; Thakur Mahtti & others Vs. Jajukoer & another, AIR 1946 Pat 429; Mahebub Khan, Hemmat Khan Vs. Muhammad Khan, Lal Khan, AIR 1951 Nag 54; Mangilal Nandram Vs.......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. ......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)
....awyers Involved: Md. Amir Hossain—For the Petitioner. Md. Ruhul Amin—For the Opposite party. Civil Revision No.106 of 1984. Judgment A. T. M. Afzal J.- This Rule at the instance of the defendant No.6-petitioner, is directed against the order dated 19.5.84 passed......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 ......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)
....ation having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......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 ......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)
....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 mandatory—Application to set aside the decree along with another application seek&s......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 ......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)
....er 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: ......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: ......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)
.... Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ......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. ......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)
....ls. 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 ...... 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 ....... 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
....issed, 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
......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......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
......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)
....decree can be corrected ex debito justitlae. It will be plainly an act of injustice if for errors of the Court the entire work of the pleader commissioner is nullified, more so when in allocating sahams he has not gone beyond the order portion of the judgment. The pleader commissioner......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. ...... 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)
....ying 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 ......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 ......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)
....t 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 ......) 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......me laws which will be mentioned hereinafter. 3. Facts of the case in Writ Petition No. 85 of 1974 are that the respondent No. 1 purchased the land from respondent No. 3 with an agreement to recovery of said land. The agreement is date 26-4-63 which stipulated that the land will be rec......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)
.... 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 ...... 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 ......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)
....hy;ers 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 with Habibul Islam Bhuiya, Advocates-For the Petitioners M. M. Huq, Assistant Attorney General-For the Respondent. Writ Pe......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 ...... the parties thereto can cancel, terminate and discharge the contract and such action may be followed by appropriate proceeding before the appropriate Court, if at all, for any civil action by way of recovery of damages and compensation on account of any loss incurred due to the breach of any such c......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)
....diction) Present: AM Mahmudur Rahman J Abdul Majid Akon…………………………………Petitioner Vs. Satya Bhoma Nath & others...................Opposite Parties Judgment March 3, 1980. ......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. ......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)
....llant 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. ......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. ...... 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)
.... 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 ......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 ......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)
.... 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 ......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 ...... 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)
....no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......w well settled. The Supreme Court of Pakistan in Abdullah Vs. Ahmed Din, reported in 16 DLR (SC) 169, observes as follows :- “The line of demarcation between a lease and a licence will sometimes be very thin though there is no doubt as to the principle applicable. A lease, as will appear ...... licence documents. The defendant was dismissed from the service of the plaintiff in July 1956. As he did not vacate the land, on demand the plaintiff instituted the suit for declaration of title and recovery of possession. The Government was the defendant no. 2 in the suit. 3. The plaintiff al......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
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