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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. ......ill have to be made as to whether such school flits in with the national education policy pursuant in the fundamental principles of State policy enshrined in the Constitution itself are the laws made accordingly from time to time. Under Article 8(2) of the Constitution, provisions of part II thereof...... Lawyers Involved: Md. Nurul Huq with A.B.M. Kairul Huq, Advocates-For the petitioners. S.R. Pal with Aminul Huq, Advocates-For additional Respondents. Syed J.R. Mudassir, Assistant Attorney General-For Respondent No. 2. W. P. 43 of 1978 Judgment Syed Muhammad Hussain...... In such circumstances public purpose and public interest was interpreted by superior Courts in the context of the statute itself. With the introduction of a Constitution as the fundamental law of the land incorporating fundamental principles of State Policy, the term public purpose and pu..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. ......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. ......absolute. Lawyers Involved: Md. Ayub - For the Petitioner. None - For the Opposite 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 declara......of P.O 12 of 1972. I see substance in the contention of the learned Advocate. Article 3, which is relevant, of P.O 12/72 is quoted below:- "3. Notwithstanding any thing contained in any other law for the time being in force, all Judgments, decrees or orders passed ex parte by any Court or tr..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 ...... notary public, or of a Bangladesh Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country. 10. We may now take the salient provisions to the ...... Vs. Babar Ali Bepari & Others………………… Respondents Judgment August 27, 1980 Result: The appeal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such pow......hellip;… Respondents Judgment August 27, 1980 Result: The appeal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such power of attorney empowers a person to execute a deed of sale or any kind of t..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... have failed to consider material evidence on record and to exercise the jurisdiction vested in them by law resulting in an erroneous finding of facts and a serious miscarriage of justice and there was error of law apparent on the face of record, He further contends that the......s and evidence on record held that the application was not the barred and that Musammat Nurun nabar Banu, O.P. No. 1 was the real purchaser and not the benamdar of Dr. Nurul Huq Mondal, O.P. No.3. He accordingly allowed the application for preemption. 5. On appeal, the learned District Jud......amp; others ……………………….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......red for the Opposite Party No. 1. 7. Mr. Chowdhury contends that the Courts below have failed to consider material evidence on record and to exercise the jurisdiction vested in them by law resulting in an erroneous finding of facts and a serious miscarriage of justice and th..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....e why he should not furnish security to the extent of the claimed amount of Tk. 2,27,02, 361/61 and in the meantime pass an order of conditional attachment of the said properties for the ends of justice." 3. On this application the learned Subordinate Judge passed the order No.2 ......f international commercial transactions. Initially the property in a letter of credit belongs to the buyer who places his money in a bank of his country. It then becomes the property of the bank according to the terms of contract between the buyer and his bank. In the seller's country, the ...... Vs. Messrs Eastern Technique & others…………. Opposite parties Judgment August 6, 1980. Result: The application is rejected. Case Referred to- Paia & Co. S.P.A. Vs. Thurmann Neilson, (1952)2 QB 84; Unimarine S.A. Panama through Lo...... and practice for documentary credits. We refreshed our ideas as to how commercial letters of credits are dealt with in international trade and commerce from the treatise of A.G Davis, "'The law relating to Commercial Letters of Credit." We have also considered the relevant provis..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
.... 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 the case as it thinks fit." 7.......ip;..Petitioner Vs. Md. Abdur Rashid………………………. Opposite Party Judgment August 6, 1980. Result: The rule is accordingly discharged. Case Referred to- Durgaprasad & another Vs. Deepchand & ot......hid………………………. 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. D......ecord of any case which has been decided by any Court sub-ordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law apparent on the face of the record in the decision, the High Court Division may make such order ..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 ......to obstruction and interruption which had gone beyond the control of the Presiding Officer and, as such, he stopped the poll in the said Ward and informed the Returning Officer, defandant No. 2, accordingly. On 14.1.84 the Returning Officer caused a fresh poll to be held in Ward No.2 under......ecree: (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 defendats permanently ...... illegally in Ward No.2 on 14.1.84 without any approval of the Election Commission and thereby contravened rule 29(2) (b) of the Rules. The election held on 14.1.84 was no election in the eye of law and, as such, (he plaintiff did not acquire any interest or legal character or status to obtain ..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 ......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 ......on having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......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 ......Judge of the High Court by his judgment dated June 10, 1977 set aside the order of the S.C.C. Judge and directed the trial Court to accept the security bond and to proceed with the Miscellaneous Case according to law. 4. It has been argued by the learned Advocate appearing for the appellant tha...... 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'......High Court by his judgment dated June 10, 1977 set aside the order of the S.C.C. Judge and directed the trial Court to accept the security bond and to proceed with the Miscellaneous Case according to law. 4. It has been argued by the learned Advocate appearing for the appellant that the require..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: ......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: ......Vs. Arafatunnessa Bibi, being dead her heirs, Ali Ahmed and others...............Respondents Judgment July 8, 1980. Result: The appeal is allowed. Cases Referred to- Shaikh Ayez-uddin Vs. Priya Satikar, 6 D.L.R. 595; Shah Wall Vs. Ghulam Din, 19 D.L.R. (S...... 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 Division corr..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 ......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 ......spondents 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 shifts onto other side on proof of nucleus of joint family and acquisition during jointness of the family. ......e Judge of the High Court held that the issues were of fact and therefore concluded by the findings of the Court of appeal below. The second appeal and dismissed. 7. So far as the proposition of law goes, it is now well settled, that in a case where the question is between two or more brothers ..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 ......Pakistan Enemy Property Management Board, in exercise of its delegated power under rule 182(1), by an order dated 5-10-68 vested the firms in the Additional Custodian of Enemy Property and accordingly these firms continued to be managed in pursuance of this order till the appellant a...... Majid DLR (AD) 52, Lawyers Involved: R. Pal, Sr. Advocate, with S. C. Das, Advocate, instructed by Aminul Huq, Advocate-on- Record—For the Appellant. Abdus Sobhan. Addt. Attorney-General, instructed by M R. Khan, Advocate-on-Record—For the Respondent. Civi...... 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 public importance; as to whether Ordinance 1 of 1969 was not continued by Laws Cont..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....ed that there was any contract with respondent No.1 under which he may terminate his service; and the order of termination was mala fide and passed in violation of the principles of natural justice.
6. Some background is necessary to understand the position inter se of the Enterp......te, be the sole shareholder in, or owner of, such industrial enterprises."
19. The affairs of the unit or enterprise will be carried on according to its own Memorandum and Articles o......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 participation in the liberation struggle of Bangladesh Mr. M......f 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.
2. Civil A..
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)
....ourt can only interfere with the finding of Enquiry Officer/Enquiry Committee if it is found that the enquiry was held unfirly with bad faith without complying with the principles of rules of natural justice and without following the procedure laid down in section 18(1) of the Employment of Labour (......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 ......complying with the principles of rules of natural justice and without following the procedure laid down in section 18(1) of the Employment of Labour (Standing orders) Act. Labour Court arrogated to itself the power of appellate authority against Enquiry officer when it found the delinquent not ......bour court cannot reverse his finding. Reinstatement in service— Even when the proceeding before the Enquiry officer suffers from proper compliance with the procedure laid down by the law warranting quashment of the dismissal order, reinstatement cannot follow as a matrer of course--..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....t Formal defect in preliminary decree does not nullify the work of Pleader Commissoner-Defect in preliminary decree can be corrected ex debito justitlae. It will be plainly an act of injustice if for errors of the Court the entire work of the pleader commissioner is nullified, mo......rt to act ex debito justitiae should not be resorted to. As held by the privy Council in Jai Behram Vs.Kedar Noth (1) it is inherent in the general jurisdiction of the Court to act rightly and fairly according to the circumstances towards all parties involved. As was said by Cairns L.C. in Rodger Vs...... dismissed for non-prosecution. Partition suit Formal defect in preliminary decree does not nullify the work of Pleader Commissoner-Defect in preliminary decree can be corrected ex debito justitlae. It will be plainly an act of injustice if for errors of the Court the entire work......ae….. (14 & 16) Drawing up of final decree without notice to the parties whether Permissible There is no specific provision of serving notice upon the parties or their respective lawyers after the Pleader Commissioner submits his report. But if considerable time has elapsed betw..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....t of Session, having been transferred to the Special Martial Law Court, depriving the appellant from the advantages and remedies available under the Code of Criminal Procedure, grave injustice has been done to the appellant. The argument, however, could not be pressed further in view ......nnot be treated as good law either on the principle of stare decisis or otherwise. In deciding the question of supremacy of the Constitution vis-a-vis the power of the Chief Martial Law Administrator according to the learned judge the decision in Dosso's case is not based upon correct enunciatio......s. Bangladesh & Others…………….....................Respondent Judgement March 27, 1980 Result: The appeal is dismissed. Case Referred to- Halima Khatun Vs. Bangladesh, 30 DLR (SC) 207; State Vs. Haji Joinal Vs. Abedin, 32 DLR (AD......urt No. II, Dacca convicting the petitioner under section 302 of the Penal Code and sentencing him to death and the order dated 29-1-1978 confirming the sentence of death have been taken without lawful authority, and are of no legal effect; and for an order directing the respondents No. 2 and 3..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 ......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 ......ni Biswas & others ……………………Respondent Judgment March 19, 1980. Result: All the appeals are allowed. Case Referred to- Ram Kinkar Vs. Satya Charan, 66IA 50; Macbeth Vs. Chistell, (1910) AC 220; Grev Vs. P......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 ......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 ...... Vs. Md. Sohrab Ali & Others…………………..Respondents Judgment March 18, 1980 Result: The appeal is allowed. The pre-emptors cannot succeed on such an application-several co-sharers in the holding were omitted in the pre......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)
....em by respondent No. 2. This unilateral action of the respbndent No. 2 without prior notice to the petitioners has evidently caused the violation of the general principle of the rules of natural justice. 5. A Division Bench of the Dacca High Court by a judgment dated 6th August, 1971 in Wr......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 ......ip;…………………………….Respondent Judgment March 5, 1980 Result: The Rule is made absolute. Case Referred to- Abdul Hadi, Managing Partner, Hadi Brothers Vs. EPWAPDA, W.P. No 448 of 1968 (un-repor......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. ......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. ......hellip;…Petitioner Vs. Satya Bhoma Nath & others...................Opposite Parties Judgment March 3, 1980. Result: The Rule is discharged. Case Referred to- Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfun Naher Vs. S......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
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