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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 ......are based on surmises and conjectures rather than on evidence and could not be sustained. 8. As against this Mr. Rabbani contends that both the points urged on behalf of the petitioners are questions of facts and they have been concluded by the concurrent findings of the Courts below and t...... 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..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 ...... defendant No. 1 and as such attachable under Order 38, rule 5 of the Code of Civil Procedure. Mr. S.R. Paf, the learned Advocate appearing for defendant No. 1, contends that the letters of credit in question are not properties, but they merely represent a promise. In the background of these content......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..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. ......to the High Court Division for revision of an order of the District Judge made under sub-section (2) shall lie where the High Court Division grants leave for revision on an error of an important question of law occasioning failure of justice, and the High Court Division may make such order in t......) 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..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 ...... submitted, resorted to the contrivance of a declaratory suit and thereby sought to avoid section 26 of the Ordinance No.LI of 1983 which says that no election under this Ordinance shall be called in question except by an election petition under sub-section (2) It has been argued that section 26 of ......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..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 ......dgment 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 termination of a contract for sole distri......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)
....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 ......rom C.R. 396 of 1978 Judgment Ruhul Islam J. - This appeal by special leave arises from the judgment of the High Court dated June 10, 1977 in Civil Revision No. 396 of 1974. 2. A short question has been raised in this appeal, for our consideration: Whether the Application for se......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..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: ...... Civil Appeal No.25 of 1980. (From the Judgment and Order dated 8-8-79 passed by the High Court Division is S. M. A. No. 28 of 1975). Judgment Kemaluddin Hossain CJ.- The question of law involved in this appeal is whether the learned Single Judge of the High Court Div......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..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 ......f Joint Family Property is on One Who Asserts It— Burden shifts onto other side on proof of nucleus of joint family and acquisition during jointness of the family. In a case where the question is between two or more brothers of a Hindu-family living jointly having joint property, the......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 ..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....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. ......, 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 subsequent time; (iii) intention is a question of fact and has to be gathered from facts and circumstances of each case; (iv) the mere fac...... 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..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
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 ......vil Appeal No. 23 of 1978 (From the Judgment and order dated 4-3-77 passed by the High Court of Bangladesh in Writ Petition No. 121 of 1973) Judgment Kemaluddin Hossain CJ. - The question involved in this appeal as urged by Mr. Pal is a substantial question of law of some p......;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..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
......979 and 65 of 1980 from Writ Petition Nos. 471 of 1979 and 178 of 1978.
Judgment
Fazle Munim J.- These two appeals, namely, Civil Appeal Nos. 169 of 1979 and 65 of 1980 involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals.
......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
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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 ......einbefore. 5. It appears that the management while passing the final order of dismissal against the respondent No. 2 did not take into account the extenuating circumstance that the delinquent in question was the first offender during his service for over 10 years. That being so, the petitioner ......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 ..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. ......Pleader Commissioner's report in so far allocating sahams to the parties is concerned has not gone beyond the order portion of the learned Subordinate Judge's judgment dated 28-2-73. The question is, will the formal defects in the preliminary decree, which are clerical in nature, nullif......;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..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....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 ......) 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 great public importance: - "(1) Whether the proce......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..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 ......mended and a new section being section 95A has been inserted in the said Act. A number of Writ petitions were filed and the High Court Division disposed of these petitions by one judgment as the same question of law of public importance had been raised and on consideration of which a certificat......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)
....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 ......he High Court of Bangladesh in Civil Revision Case No.1696 of 1968 in connection with the preemption case section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The short question for consideration in this appeal is whether the learned Single Judge of the High Court corr......dge of the High Court correctly appreciated the ratio decidendi of the decision of this Court in Motilal Sikder Vs. Benodini Dasi, 28 DLR (AD) 5 and whether the same has been correctly applied to the facts and circumstances of this case. 3. Facts relevant for disposal of the appeal are th..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 ......ice to all concerned Ministries, Divisions, Directorates, autonomous bodies, Corporations and other Government and semi-Government statutory organisations numbering in all 44, the notice in question asked the persons concerned to stop payment to the petitioners of any out-statanding bills ......ing no legal effect as such. A recent decision of a Division Bench of the Supreme Court of India reported in AIR 1978 SC 930 has also upheld the aforesaid proposition of law. 6. In the foregoing facts and circumstances of the case and the reasons stated hereinbefore and subject to obs..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. ......istrict judge. The appeal, however, on transfer was allowed by the learned subordinate Judge who sent the case back on remand for fresh trial by the learned Munsif with a direction to decide the question as to whether application under sub-section (1) of section 96 of State Acquisitio......learned Advocate relied upon the case of Abdul Haque Miah and others Vs. Abdul Rashid & others reported in 35 DLR 54 (AD). But the decision is of no assistance to the learned Advocate as the facts of that case are different from the facts of the instant case before me. In that case the..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. ......urt and on revision by the tenant before the High Court Division. The matter was placed before a learned Single Judge of the High Court Division, who on finding some conflicting decisions on the question of default, referred it to the Division Bench, which on consideration of several other......also been held that enquiry about compliance of the provisions of the statute may call for consideration of fact; at each point. There may be a case of waiver or acquiescence or such supervening facts and circumstances as to make the compliance with the enactment beyond the control of the tenan..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. ......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. ......ed Advocate for the petitioner in any way. The cases reported in AIR 1939 Allahabad 280 and AIR 1936 Patna 466 also do not support the contention of the learned Advocate for the petitioner. Moreover, facts of these two cases are distingushable from the facts of the present one. In this view of the m..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
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