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Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ......e Court Suit Respondents filed S.C.C. suit for eviction of appellants from suit premises claiming title to the premises on the basis of a decree for specific performance passed against the landlords of the appellants. Appellants challenged the title of respondents contending that the ......the shoes of Santi brothers by devolution of title, finds support from the deposit of the rent at that rate by the Respondents. It appears that it has been asserted both in the plaint and in the evidence that the plaintiffs requested the defendants to pay rent, which they promised to pay but di..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
.... Corporation itself provide for making Rules and Regulations governing the service of the employees of the Corporation invariably inclusive of any disciplinary action. 11. Coming to the admitted facts of the present case it would appear that the authority of the Chemical Industries Corporation ......ory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutory public authority given in Art. 152(1) of the Constitution are read and considered toge......ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
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 ......-1-80 passed by the learned Additional Sessions Judge, Sylhet 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......hall call upon the complainant to produce all his witnesses and examine them on oath. Whereas old sub-section (2A) was an enabling provision authorising the Magistrate enquiring into the case to take evidence, if he thinks fit, of witnesses on oath, the proviso to that sub-section introduced by..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
....orce: and that when after requisition the rent was increased from Tk. 60007- to Tk. 6,5007- per month the question of mala fide in the order .of requisition did not arise.
6. From the undisputed facts as stated above it appears that the premises in question was requisitioned for providing accom......
Ruhul Islam J
Badrul Harder Chowdhury J
Mansurul Aziz & Another………………………Appellants
Vs.
Secretary, Ministry Of Land Administration And Land
Reforms & Others……………&hellip......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
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Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
.... economy is involved, the rule of balance of convenience is to refuse the prayer for temporary injunction. The relevance of this decision, though of importance, is not attracted to the distinguishing facts of this case. 5. Mr. Mian A. Gafur, learned Advocate-on-Record, of course, gives emphasis......, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask fo......f we now turn to the findings of the learned Judges of the High Court Division on the basis of which the injunction has been granted we find that it has been clearly found by them by referring to the evidence of defendant that: "She was not in possession of the suit land but the petitioner..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....ition fee receipts it appears that for Cass-1 only a tution fee Tk. 175/00 per month along with the school fund of Tk. 200/00 per year has been realised as late as in January 1980. From the aforesaid facts and circumstances of the composition and organisation of the school it clearly appears that th......udgment Syed Muhammad Hussain J. - This rule arising out of an application 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 acconmodati...... 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)
....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. ...... This Case is also Reported in:35 DLR (HCD) (1983) 86. ......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
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....ement of Registrar of that country is produced in India, the presumption of section 85 does not arise. These two decisions are not very relevant to the question before us. 18. We now turn to the facts of the present case. It appears that the power of attorney was authenticated before a Mag......ent for the principal does not require registration except that its authentication under the law is necessary …………… (5) Whether Power of attorney executed and authenticated by a Magistrate or Notary Public in a foreign country could be acted upon as ......ecognised as a valid act or document. A reading of s.14 does not indicate any such prohibition or exclusion. Notarial act in foreign country having no reciprocal arrangement can be accepted into evidence if there is evidence to show that the person before whom the notarial act was done was a no..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... Misc. Appeal No.50 of 1977 affirming the Judgment dated 28-5-79 passed by the learned Subordinate Judge, Bogra in Misc. Case No.55 of 1977 allowing the application for pre-emption. 2. The facts of the case may briefly be stayed as follows:- The case plot belong to Dr. Md. Ishaque Al......p;……….Opposite Parties Judgment August 26, 1980 Result: The Rule is made absolute Case Referred to- Hakim Moulvi Md. Mahbub Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; Zinda Ram Lai Vs. Ramrup Das and others. AIR 1935 Pat 231; Promode Kuma......uq Mondal who was a co-sharer in the holding in the benami of his wife Musammat Nurunnahar Banu. 4. The learned Subordinate Judge on consideration of the cases of the respective parties and evidence on record held that the application was not the barred and that Musammat Nurun nabar Banu, ..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....een made in the application. An affidavit-in-opposition was filed by the plaintiff against the affidavit filed on behalf of defendant No. 1. The learned Subordinate Judge on consideration of the facts and materials on record available before him rejected the application for attachment before ju...... 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 Abu Nayeem, Advocates-For the petitioner. S.R. Pal with Anil Chandra Sarker and S.R. K......e basis of an application made by the plaintiff and an order of conditional attachment may be passed even experte. It is, of course, to be borne in mind that it is difficult to produce any conclusive evidence before the Court to prove the intention of a party which is secretly conceived and sou..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....) Mangilal Nandram Vs. Zamghagu (4) Lakshmia Naidu Vs. Krishnaswami Naidu (5) Maruti and others Vs. Rangunath (6) and the case of Dwgaprashand and another Vs. Deepchand and others (7) 13. In the facts of the case we are of the opinion that the learned Subordinate Judge correctly allowed th......ellip;………. Opposite Party Judgment August 6, 1980. Result: The rule is accordingly discharged. Case Referred to- Durgaprasad & another Vs. Deepchand & others, AIR 1954 SC 75; Methu Vehemandu Vs. Duggiarala Pitchayya, AIR 1946 Mad 497; Thakur......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)
....Union Parishad in question on the basis of the election including the fresh poll which was held on 14.1.84. The defendant-petitioner has prayed for rejecting the plaint on the ground that even on the facts as disclosed in the plaint it will be seen that the fresh poll held on 14.1,84 was in violatio......tuted the aforesaid suit for a decree: (a) declaring that the plaintiff is the legally elected Chairman of No.1, Bangora West Union Parishad on the basis of the Chairman election held on 15.1.84 and the defendant No.1 is bound to publish the result in the official Gazette; (b) restraining......the Election Commission as well as against the defendant-petitioner in the conduct of proceedings subsequent to the holding of election on 14.1.84, and, as such, the parties should be allowed to lead evidence in the suit in support of their respective position and the plaint should not be rejected i..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....d. Fazil Ali Vs. Karim Khan was followed by Reid, C.J. in Raghu Nath Das. Vs. Panna Lal, 6 1C 945 and Shadi Lal, J. In Mukandi Lal Vs. Pars Ram, 50 1C 971. 8. In the case in A.I.R. 1931 Lab. 332 facts in short are that an application was filed by the judgment-debtor fqr setting aside an ex part......0 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 seeking Court......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)
....decree for specific performance of contract where there was an earlier default order was without jurisdiction. 2. The matter arises out of a suit for specific performance of contract and the facts are that the High Court passed an ex parte decree subject to the plaintiff appellant's deposi......Kemaluddin Hossain CJ Ruhul Islam J Shahabuddin Ahmed J Hajee Md. Ahsanullah...................Appellant Vs. Arafatunnessa Bibi, being dead her heirs, Ali Ahmed and others...............Respondents Judgment July 8, 1980. Result: The appe......is to be remembered that this order in substance is one of review, and that is quite apparent as this application was numbered as Miscellaneous case No 15 of 1972, and that after hearing and taking evidence on 19th May, 1972 time was extended to 30th June. 1972, and when the deposit was made on ..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: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Nemai Kumar ……………….................................Appellant Vs. Ramesh Chandra Dutta and others...................Respondents Judgment June 30, 1980. Result:......he suit, and so the defendant was entitled to half of the interest in the suit property. The other plaint allegation was denied. 4. The trial Court on consideration of oral and documentary evidence held that the brothers on the death of their father were joint in mess. Their father left p..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
.... at a subsequent time, as for example, on payment of price and charges and on such event property shall pass at such subsequent time; (iii) intention is a question of fact and has to be gathered from facts and circumstances of each case; (iv) the mere fact that an f.o.b. contract provides for handin...... F.O.B. Contract (Free on board contract)– F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payment for the goods be......t of price, freight and insurance charges as alleged. On these pleadings, the parties went on trial and the learned Subordinate judge on consideration of the respective cases of the parties, the evidence on record and the circumstances of the case decreed the suit of the plaintiff. Being aggrie..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....;ance Enforcement Order, 1971, since it ceased to be a valid piece of legislation. 2. In Order to appreciate the contention of Mr. Pal who appears for the Appellant M/S. Dulichand Omraolal, facts in brief may be narrated. The Appellant, a partnership firm, challenged the orders and di...... 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
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 ......nal Jurisdiction) Present: Syed Muhammad Husain J Sultan Hossain Khan J Manager Zeal Bangla Sugar Mills. Ltd..................Petitioner Vs. Chairman, First Labour Court and another...........Respondents Judgment June 12, 1980. Result: The Appe......vides that reinstatement can be ordered in appropriate case. In a dispute where there is an allegation of theft by the petitioner against respondent No. 2 even if such allegation may not be proved in evidence there always remains an in congenial relationship between the employer and the employee it ..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....;dant No. 1 appellant in both two appeals and Mr. M Gholam Rabbani with Mr. Ranesh Chandra Maitra. learned Advocates, apparel for the plaintiff respondents in both the two appeals. 6. Short facts necessary for the disposal of the two appeals are that late Khan Bahadur Md. Sadiq died in 196......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 submission of the report, it is only fit and proper, and, indeed there is a practice, that t...... 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)
....ccipito parietal region. According to the Doctors' opinion death was due to shock and haemorrhage as a result of both the injuries which were ante-mortem and homicidal in nature. 7. Material facts found by the Special Martial Law Court on the evidence led by the prosecution are that the vic......Vs. Saeed Ahmed, PLD 1974 SC 657; AnisminicLtd. Vs. Foreign Compensation Commission, (1969) 1 All E. R. 208; Patterson Vs. District. Commissioner of Accra, (1948) AC 341 Franklin Vs. Minister of Town and Country Planning, (1948) AC 87; Padfield Vs. Minister of Agriculture (1968) 1 All E. R. 694; Sta......9; opinion death was due to shock and haemorrhage as a result of both the injuries which were ante-mortem and homicidal in nature. 7. Material facts found by the Special Martial Law Court on the evidence led by the prosecution are that the victim Saleha was married to appellant Kh. Ehteshamuddi..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
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