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....e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
......the matter could be settled by negotiation with the lessors. The lessee chose to take recourse to the extraordinary power of the government to requisition the property. We are constrained to take the view that there was some amount of high-handedness in making the order of requisition, and the ..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......on, however, accepting the case of the Respondents found it a fit case for restraining the appellants and so issued the order of temporary injunction. 3. Leave was granted to consider whether in view of the decision in the case of Kapti Ram Shil Vs. Sumitra Devi (1) and in the case of Mosharaf ..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....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 ......enticated by a Notary Public or any Court or Judge, Magistrate could be accepted, but it was done before a person not mentioned in section 85 of the Evidence Act and so it could not be accepted. This view by its contrary formulation has asserted the affirmative provision of section 85 of the Ev..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....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 ...... record available before him rejected the application for attachment before judgment and vacated the ad interim order of attachment granted by him on 20-5-80. The learned Subordinate Judge was of the view that the petition for attachment before judgment suffered from insufficient materials. He obser..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....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. ......d defendant Nos. 4 and 5 are the benamdars of the added defendant No. 3. 4. On 20-12-79 plaintiff filed an application under Order 6 rule 17 CPC for amendment of the plaint on the ground that in view of the assertions made by defendant No.1 and added defendant Nos. 3-5 in their respective writt..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
...., the learned Advocate for the petitioner has submitted that the learned Munsif completely misconceived the grounds upon which the prayer for rejection of the plaint was made and further upon an erroneous view of law and fact rejected petitioner's application. He has submitted that the suit......ot Convene the election again He further found that the plaintiff had brought the suit legally and there was not bar under section 9 or the code of Civil Procedure to proceed with the suit. Upon such view of the matter, he rejected the application of the petitioner as already referred to above. ..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)
....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 ......was not an income liable to be taxed in the hands of the assessee as such. Such agency agreement was constituted as an apparatus for making profits and was in its nature tagged on fixed capital. This view of their lordships of the Privy Council was subsequently successively affirmed by their lordshi..Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....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 ......Court of Small Causes Act in all suits cognisable by it and in all proceedings arising out of such suits: Provided that an applicant for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presenting his application, either deposit in the Court ..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....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: ......correctness of the order. After a lengthy judgment the Additional District Judge allowed the appeal and restored the execution case. On Second Miscellaneous Appeal the learned Single Judge took the view that the order passed on 11 3-70 by the Munsif was OQ absolute terms which fixed 24-3-70 as t..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....as discharged, and so the presumption drawn by the trial Court that the property acquired by Rajani in his name is to be presumed to have been acquired by or for the joint family cannot be said to be erroneous, since the contrary has not been shown by the plaintiff. The onus having shifted on to the...... brothers. Trial Court also found that in the ancestral 4.00 annas share of the property purchased from their co‑sharer by Rajani in his name was blended in the Joint family property, and upon that view the trial Court held that the suit property was also the joint property. 9. The Court of a..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
..... 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 ...... not be mentioned as we get true import of the enactment from the wording of the first clause of section 2 of the Ordinances. If this provision is read in isolation,' without keeping in view that the parent Ordinance had ceased to exist on the revocation of the Proclamation of Eme..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....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
......rise which is owned by the government and controlled by the corporation.
11. The respondent's case was that the application under Article 102 of the Constitution was not maintainable in view of the fact that the appellant was governed by the ordinary law of master and servant. Further,..
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)
....of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......ement 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 there was n..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
.... 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. ......edure, read with Sections 151 & 153 thereof for correction of the preliminary decree and has submitted that the acceptance of the report of the Commissioner be upheld ex debito justi-tiae in view of the fact that a clerical error of the Court should not be allowed to vitiate the entire proc..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....aw attributed to Hans Kelsen's theory. They have commented that the doctrine enunciated by Hens Kelsen was not only misapplied in Dosso's case but also the decision proceeded on the erroneous assumption that his doc-trine was the generally accepted doctrine of the Modern Jurisprude...... 4. The High Court Division following a decision of the Supreme Court of Bangladesh Appellate Division in the case of Halima Khatun Vs. Bangladesh, (1) summarily rejected the writ petition, in view of complete ouster of the jurisdiction of the Court by clause (6) and (7) of M.L.R. 4 of M..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....at the President's Order No. 24 of 1973 has led to the constitutional difficulty which, however, 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......s section 95 A of the aforesaid Act does not cover the case of the pure sale with an agreement to reconvey. An out and out sale accompanied by an agreement for reconveyance is within the purview of the President's Order Nos. 88 and 136 of 1972 and No.24 of 1973 whereby provisions of se..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....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 ......aw. A co-sharer tenent or tenant holding land contiguous to the land transferred may waive his right to purchase the land, but on this consideration there is hardly any scope for taking the view that the requirement of sub-section (2) is not mandatory but is merely directory. Second p..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....ner without filing any cross-objection under Order 41, rule 22 of the Civil Procedure Code was not entitled to urge this point. The learned Advocates submits that the court of appeal below on an erroneous view of law did not allow to raise this point and decide the same although there......6 of the Act fell for consideration as all other points had been decided earlier by the courts below and as such the learned Subordinate Judge was not to consider those points afresh and in that view of the matter the contentions of the learned Advocate for the petitioners on other points excep..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. ......he trial Court in that from Falgoon, 1375 B.S. till the filing of the suit the tenant though deposited rent but it was irregular amounting to default. 3. Leave was granted to consider whether in view of the conflicting decisions of different Benches of the High Court the matter ought to have be..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. ......and 3 submits that the learned District judge was perfectly justified in passing the order of stay of the order of ad-interim injunction granted by the learned Munsif. He further submits that in view of the fact that the plaintiff's claim can be compensated by money as such he is not entitl..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
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