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Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....ng 15 years and did not allow him to create any usufructuary mortgage other than complete usufructuary mortgage, Usufructuary mortgage is defined in section 58 of the Transfer of Property Act but the amending Act of the Bengal Tenancy Act introduced a well definition of "complete usufructuary m......ed appeals under Article 103 (2) (a) of the Constitution. 2. Facts of all the appeals need not be recounted except one as the matters were proceeded on one common ground of validity of some laws which will be mentioned hereinafter. 3. Facts of the case in Writ Petition No. 85 of 1974 ..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 ......ection (2) is to have all the co-sharer tenants or all the tenants holding lands contiguous to the land transferred, before the Court for proper and complete adjudication in accordance with law. A co-sharer tenent or tenant holding land contiguous to the land transferred may waive his..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....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 ......tractor without prior notice was held to be violative of the general principles of the rules of natural justice and on that account declared such order of black-listing was made without any lawful authority having no legal effect as such. A recent decision of a Division Bench of the S..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....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. ......s support in the decision of a Division Bench of Dhaka High Court in the case of Lutfun Naher Vs. Syeda Hashmat Ara reported in 21 DLR 633 DLR 633 wherein it has been held that; "The position in law, therefore, is that the Character of the land is determined by the purpose for which lease ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
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. ......tion 115 of the Code of Civil Procedure and obtained. 3. Mr. Amirul Islam, the learned Advocate appearing on behalf of the petitioner submits that the lower appellate Court committed an error of law apparent on the face of the record while passing the order of stay of the order of the learned M..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....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 ......-emption does not lapse in the event of death, but it devolves upon his legal heirs. The legal heirs inheriting the land are competent to exercise the right of pre-emption in accordance with the law. 6. Mr. Abdus Salam, the learned Counsel appearing for the appellant submitted that Sadat A..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... 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 ......y;inafter called "the Company”, is the appellant. The company which is the appellant in Civil Appeals No. 26 and 27 of 1978 is the employer. 3. As the facts involved and the points of law raised in these appeals are common, they were heard analogously and this judgment will govern al..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....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 ...... and that the document was not binding on him. 9. Mr. Hafizullah, learned Advocate for the appellant, contend that this finding of the appellate Court below is not correct, as it has applied the law relating to documents executed by a pardanashin and illiterate lady to the instant case. The def..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)
....et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ......n order of temporary injunction passed by the Munsif 3rd Court Tangail in O. C. Suit No. 225 of 1977. 2. Petitioner before me is the plaintiff who filed the suit for a declaration that he is the lawfully appointed Nika Registrar in the area of Nagarpur Police Station and that the appointment of..Category: Family Law | Date: 30 Nov, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......n so far as they relate to the promotion of respondeqt Nos. 3 and 4 (in Writ Petition 527/79) and respondent Nos. 3 to 7 (in Writ Petition 528/79) should not be declared to have been made without any lawful authority and of no legal effect and why the respondent Nos. 1 and 2 of the petitions should ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
......peals by special leave are directed against an order of the High Court Division in Writ Petition Nos. 654 and 655 of 1976.
The points for consideration are whether the courts below erred in law in not considering the second stipulation of the agreement which manifestly reserves with t..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ......is a bar to the passing of title by oral gift in favour of the plaintiffs, even if the story of alleged gift be taken to be a true one. He also found that the Transfer of Property Act being a Central law and the provision of Non-Agricultural Tenancy Act being a special law on matters of transfer of ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ...... performance of the contract and that contract has been affirmed by a decree for specific performance of contract, the transferee after the decree does not acquire an interest in the land. He can lawfully maintain and protect his possession and interest in the property. The rights of the ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
...... for any purpose which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh (b) any properly which is in the possession or under the control of the Government under any law for the time being in force.
Explanation: ''Person who is not present in Bangladesh..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......on.
5. "Service of the Republic" means any service, post or office, whether in civil or military capacity, in respect of the Government of Bangladesh, and any other service declared by law to be service of the Republic. If the petitioner falls within this definition then he is entitle..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......n holding that the order passed earlier on 12.4.78 was open to appeal. Leave was granted to consider the question set out above. 2. After hearing Mr. Rouf, we found that an important question of law of public importance was involved and so we sought the assistance of Mr. M.H. Khondker as Amicus..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
......his witnesses if he so likes. On receipt of this notice the petitioner moved this Court and obtained the rule challenging that such a parallel or counter enquiry by a magistrate is not permissible in law as it will cause obstruction to, and Influence the course of justice in his pending case.
3..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......Appellant Vs. Government of Bangladesh & Others………….Respondents Judgment July 6, 1979 Result: The appeal is allowed. Administrative law—Discretionary power— Authority must exercise the power reasonably— Arbitrary e..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
....ly made absolute. Since the rule is not opposed, we make no order as to costs. A. T. M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 301 ......e case. 7. In the result, the impugned order dated 30.10.72 passed by the Labour Court, Khulna in Industrial Relations Ordinance Case No. 22 of 1971 is hereby declared to have been passed without any lawful authority and is of no legal effect. The case is sent back on remand to the Labour Court for ..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC
.... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29 ......Order, 1972. (P. O. 149 of 1972) was passed on 15th December, 1972. Article 2 of this order which is relevant for this purpose reads as: “2. Notwithstanding anything contained in any other law, on the commencement on this order, every person shall be deemed to be a citizen of Bangladesh. ..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
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