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Abdul Bari Vs. State, 1980, 9 CLC (HCD)

....case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......et in Crl. Motion No. 9/111/79 setting aside an order of a Magistrate, 1st Class of Sunamganj passed on 29-6-79 in C.R. Case No. 769 of 1976 and directing him to send the case to the Court of Session for trial. 2. On a First Information Report lodged by the petitioner No. 1 Abdul Bari on 29-3-7......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......ellip;…………………………..............opposite party Judgment November 18, 1980 Result: The Rule is discharged. Lawyers Involved: Abdul Malek, Advocate-For the petitioner. S.K. Sinha, Advocate-For oppos..

Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1

Mansurul Aziz & Another Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others, 1980, 9 CLC (AD)

....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 ......Chowdhury J Mansurul Aziz & Another………………………Appellants Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others…………………………&h......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 ......ng a private property under s.3 of the Act cannot be sustained. Arbitrary exercise of power is itself mala fide, that is malice in law………………..(6-9) Lawyers Involved: Shaukat Ali Khan, Advocate, instructed by Santiranjan Karmaker, Advocate-on-R..

Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2

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

.... 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. ......under Article 102 of the Constitution is directed against an order passed by the Additional Deputy Commissioner, Land Acqusition, Dacca on 19-7-77 requisitioning the premise at 85 Kakrail, Dacca for the acconmodation of Little Flower School. 2. Apart from various allegations of mala fide f...... 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. ......hellip; Petitioners Vs. Bangladesh & others……………..Respondents Judgment September 11, 1980. Result: The rule is made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Kairul Huq, Advocates-For the petitioners. S.R..

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

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

....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. ......site Parties. Civil Revision No.1306 of the 1973. Judgment Md. Altaf Hossain J. - Facts leading to the Rule are the following: Plaintiff petitioner filed Title suit No.204 of 1970 for declaration of title in the suit land against opposite party principal-defendant Nos.1-9. In t......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. ......�………………………Petitioners Vs. Ali Ekabbar and others…………………………Opposite Parties Judgment September 11, 1980. Result: The Rule is made absolute. Lawyers Involved: Md. Ayub - For the Petitioner. None - For the Opposite Parties. Ci..

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

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 ......the law. This is not legally tenable as a power of attorney executed in terms of Registration Act or under other provisions of law which confers s valid power on the attorney to act as an agent for the principal does not require registration except that its authentication under the law is......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 ......- Goods of A. J. Primrose. 16 Cal 776, Cook Vs. Wilby, 25 Ch. D. 769; Bengal Friends & Co. Vs. Gour Benode Shaba, PLD 1969 SC 477; Sardar Singh Vs. Pissumal H. Bankers. AIR 1958 AP 107. Lawyers Involved: M. G. Rabbani, Advocate, instructed by B. C. Panday-For the Appellants. ..

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

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

.... 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 ......-For the Opposite Party No.1. Civil Revision 1472 of 1979 Judgment Md. Altaf Hossain J. - The application under section 115 of the Code of Civil Procedure arises out of an application for preemption under Section 24 of the Non-Agricultural Tenancy Act, 1949 (Act XXIII of 1949) and is...... 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 ......Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; Zinda Ram Lai Vs. Ramrup Das and others. AIR 1935 Pat 231; Promode Kumar Ray and others Vs. Kali Mohan Saha Pramanik and others; 27 CWN 303. Lawyers Involved: B.N. Chowdhury with Kazi Ebadul Haq, Advocates-For the Petitioners. Md. ..

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

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 ......l No. 822 of 1980 Ranadhir Sen J. - This Rule, at the instance of the plaintiff, is directed against the order dated 16-6-80 of the learned Subordinate Judge, refusing the plaintiff's prayer for attachment before judgment under Order 38, rule 5 of the Code of Civil Procedure. 2. P......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 ......S.P.A. Vs. Thurmann Neilson, (1952)2 QB 84; Unimarine S.A. Panama through Local Agent Bengal Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: Faqueer Shahabuddin Ahmed with Moazzammel Huq Bhuiyan, Rabia Bhuiyan and Shah..

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. ......am Chowdhury J.— This Rule was directed against the order dated 19-11-79 passed by Mr. H. Hoque, Subordinate Judge, 3rd Court, Dacca in T.S. No. 152 of 1973 allowing plaintiff's prayer for amendment of the plaint. 2. Facts giving rise to the present rule are as follows: That......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. ......uhammad Khan, Lal Khan, AIR 1951 Nag 54; Mangilal Nandram Vs. Zamghagu, AIR 1941 Nag 289; Laksmia Naidu Vs. Krisnaswami Naidu, AIR 1935 Mad 286; Maruti & others Vs. Rang-anath,AlR 1955 Hydl. Lawyers Involved: Raflqul Huq with Md. Aminul Huq, Advocates -For the Petitioners. SR. Pal..

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

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

....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 ......t Court) in Title suit No.62 of 1984 rejecting the petitioner's application filed under Order 7, rule 11 of the Code of Civil Procedure. 2. Plaintiff-Opposite Party No.1 instituted the aforesaid suit for a decree: (a) declaring that the plaintiff is the legally elected Chairman of......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 ....................Petitioner Vs. Md. Serajul Islam & others…………Opposite party Judgment August 1, 1980. Result: The Rule is made absolute Lawyers Involved: Md. Amir Hossain—For the Petitioner. Md. Ruhul Amin—For the ..

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 ...... No. 20 of 1976 under s.66 (1) Judgment Syed Muhammad Husain J. - This is an application at the instance of the Commissioner of taxes, Chittagong Zone under Section 66 of the Income Tax Act for the decision of this Court on the question whether an amount received on account of the terminat......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 ......pondent Judgment July 22, 1980 Result: The application is rejected. Case Referred to- 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. 167. Lawyers Involved: Habibul Islam Bhuiyan, Advocate-For the Applicant Rafique-ul-Huq with T...

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 ......nd 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 setting aside ex parte S.C.C. decree may deposit the decretal amount or furnish the requisite se......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 ...... 9 Bom L.R. 883; Jeun Muchi Vs. Budhiram Muchi, 32 Cal 339; Suraj Prosad Vs. Baldeo, AIR 1928 All. 111; Misa Pramanik Vs. Khatu Sonar, 54 CWN (DR) 67; Abdul Sheikh Vs. Mohammad Ayub, 24 CWN 380. Lawyers Involved: Anil Chandra Sarker, Advocate, instructed by B.C. Panday, Advocate-on-Record-..

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: ......d 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 performance of contract where there was an earlier defau......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: ......atikar, 6 D.L.R. 595; Shah Wall Vs. Ghulam Din, 19 D.L.R. (S C) 143; Lala Tripati Prokash Nandi Vs. Bireswar Lal Marwari, 55 C.L.J. 114; Gorachand Haider Vs. Prafulla Kumar Roy, 29 CW.N. 948. Lawyers Involved: Abdus Salam Khan, Advocate, instructed by Md Aftab Hossain, Advocate-on-Rec..

Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221

Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)

....urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......t the correction of the Municipal papers failed and so he filed the suit. 3. The defence was that the two brothers were joint in mess and property, and they separated only seven or eight years before the institution of the suit, and so the defendant was entitled to half of the interest in......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......................................Appellant Vs. Ramesh Chandra Dutta and others...................Respondents Judgment June 30, 1980. Result: Appeal is allowed Hindu Law - Initial Burden Of Proof of Joint Family Property is on One Who Asserts It— Burden s..

Category: Property Law | Date: 30 Jun, 1980 | Hits: 51

M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)

....was promulgated continuing some provisions of the Defence of Pakistan Rules. While the law was so continuing, came the Liberation War and the emergence of Bangladesh as an independent country and the Proclamation of Independence and the Laws Continuance Enforcement Order of 10-4-1971. ......estion involved in this appeal as urged by Mr. Pal is a substantial question of law of some public importance; as to whether Ordinance 1 of 1969 was not continued by Laws Continuance Enforcement Order, 1971, since it ceased to be a valid piece of legislation. 2. In Order to ....... 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 ......pondents Judgment June 18, 1980. Result: The appeal is dismissed Case Referred To- Bangladesh Enemy Property Management Board Vs. Md. Abdul Majid DLR (AD) 52, Lawyers Involved: R. Pal, Sr. Advocate, with S. C. Das, Advocate, instructed by Aminul Huq, Adv..

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)

....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 ......smission 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 the Minister for Labour is as follows: "In recognition to his all dedicated and efficient particip......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 ......ellip;.Appellant Vs. Eastern Refinery Ltd. & Others…………….Respondents Judgment June 12, 1980. Result: The appeal is dismissed. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by A. Backkar, Advocate-on-R..

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 ......quiry - Jurisdiction of Labour Court— A Labour Court is not a Court of appeal sitting over the finding of domestic enquiry--Nor is the Enquiry Officer/Enquiry Committee is a criminal court for the purpose of following procedure of such enquiry. Labour Court can only interfere with the fin......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 ......e into account the extenuating circumstances that he was the first offender during his service for over 10 years--That being so the dilinquent respondent shall be deemed to have been discharged. Lawyers Involved: Khalilur Rahman—For the petitioner. Aminul Huq—For Responden..

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. ......p;…….Appellant Vs. Md. Sabiq Khan & others……………Respondents Judgment April 28, 1980 Result: The Petition is dismissed for non-prosecution. Partition suit Formal defect in preliminary decree does not null...... 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. ......d' Escompte de Paris, LR 2 PC 464; Kishore Vs.Yashivantrao, AIR 1957 MB 17; Ahidhar Ghose Vs.The Secretary of State for India-in Council 36 CWN 665;Fazlur Rahman Vs. Sajab Ali, 30 DLR SC 30. Lawyers Involved: M.H, Khandker with Abu Backker Advocates-For the Appellant. M. Golam Rab..

Category: Property Law | Date: 28 Apr, 1980 | Hits: 3

Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....ster of the jurisdiction of the Court by clause (6) and (7) of M.L.R. 4 of Martial Law Regulation No. 1 of 1975. 5. Leave was granted in the background of lifting of Martial Law by the Proclamation of April 6, 1979 to examine the following questions which were considered to be of grea......o death by the judgment and order dated August 5, 1978 which has been duly confirmed. Against the order of conviction and sentence the appellant moved the High Court Division in its writ jurisdiction for an order declaring the proceedings taken in passing the judgment and order dated 5.8.78 in M.L. ......- This appeal by special leave is directed against the judgment and order dated June 13, 1979 passed by the High Court Division in Writ Petition No- 50 of 1979. The appellant was tried by the Special Martial Law Court No. II, Dacca on a charge under section 302 of the Bangladesh Penal Code in M.L. C......n. PLD 1963 SC 401; Muhammad Ayub Khuhro Vs. Pakistan, PLD 1960 SC 237; Mohammad Afzal Vs. Commissioner, Lahore Division. PLD 1963 SC 401; Zafrul Ahsan Vs. Republic of Pakistan, PLD 1960 SC 113. Lawyers Involved: M. H. Khondker, Sr. Advocate, with Khondker Mahbub Hossain, instructed by Ami..

Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3

Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)

....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 ......e reconveyed if the money is repaid within 19 years. The respondent No.3 made an application under section 95(4) and (5) of the East Bengal State Acquisition & Tenancy Act to the respondent No. 2 for restoration of possession of the said land. This petition was allowed on 30-3-73 and therea......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 ...... Result: All the appeals are allowed. Case Referred to- Ram Kinkar Vs. Satya Charan, 66IA 50; Macbeth Vs. Chistell, (1910) AC 220; Grev Vs. Pearson, (1857) 6 H.L Case 61. Lawyers Involved: K.A. Bakr, Attorney General, with Abdul Wadud Bhuiyan, Assistant Attorney Gen..

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 ......ub-section (1), Similarly, all the contiguous land owners are to be made parties in the application falling under the second part of sub-section (1). Sub-section (4) provides the period of limitation for the remaining co-sharer tenants or the tenants holding land contiguous to the land transferred, ......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 ......rchase under this section…….(25, 16 & 19) Case Referred to- Motilal Sikder Vs. Benodini Dasi, 28 DLR (AD) 5; Syed Abdul Karint Vs. Harandra Chandra Dhupi, 14 DLR 847. Lawyers Involved: Akram Hossain Amin, Advocate-on-Record- For the Appellants Abdul Hamid, ..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4

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