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Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)
....Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60 ...... Result: The reference is accepted. Case Referred to- Muhadeo Lal and another Vs. Hossaini Pandy and others ; Upendra Nath Bhattacharjee Vs. Khitish Chandra Bhattacharjee. Lawyers Involved: B. K, Das, Advocate- In support of reference Md. A. Hannan, Advocate- In......of a Jury, the learned Magistrate was required to appoint a legally constituted Jury according to the provision of clause (a) sub-section (1) of section 138 Cr. P.C. & then proceed with the case. Order of filing the case on the basis of the report of the illegally constituted jury cannot be sust..Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1
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 ......- 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. ......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 ..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 ......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. ...... 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 ..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 ......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......his 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. Plaintiff filed Money Suit No. 23 of 1980 f..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. ......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......e for specific performance of a contract in respect of certain household property on the basis of an agreement dated 10-2-73 entered into between plaintiff and defendant No.1. On an application under Order 1 rule 10 of CPC filed by the plaintiff on 28-11-78, defendants Nos.3, 4 and 5 were added as p..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 ....................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 ......rected against the order dated 19.5.84 passed by the learnd Munsif, 3rd Court, Comilla (In charge of 1st 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 th..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
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 ...... 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-......im of the appellant but he ultimately did not appear on the date of hearing of the suit on 12-9-73 when the suit was decreed ex parte. There after on 15-9-73 the respondent filed an application under Order IX, rule 13 read with section 151 of the Code of Civil Procedure for restoration of the suit o..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: ......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....... — For the Appellant. B. Hossain, Advocate-on-Record.- For Respondent No. 1 (ka). Ex Parte—Respondent No. 1(kha). 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 ..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 ......................................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......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. ......roperty should be construed to pass on shipment subject to unpaid seller's lien……..(8) Case Referred To- M/S Begum Mills, Chittagong Vs. Arag Ltd, Karachi, 26 DLR 329 Lawyers Involved: Abu Taher Chowdhury—For the Appellant. Ahmed Sobhan with Md. Fazlu......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. ..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 ......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......olved 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 appreciate..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
......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......mergence of Bangladesh he was freshly appointed as Administrative Manager in the Enterprise which was placed under the Corporation under the nationalisation measures contained in President's Order No. 27 of 1972. The appellant's claim was that he was neither re-appointed as has been obs..
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 ......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......ioner Vs. Chairman, First Labour Court and another...........Respondents Judgment June 12, 1980. Result: The Appeal is allowed. Employment of Lobour (Standing Orders) Act (VIII of 1965) Sections. 18 (1) 25 (c) Labour domestic enquiry - Jurisdiction of L..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. ......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...... Judge, Dacca, and obtained a preliminary decree on contest on 28.2.73. A Pleader Commissioner was appointed by the Court's order dated 18.9.73 to effect partition of the suit properties. By Order No. 77 dated 10.6.75 the learned Subordinate Judge noted that the pleader Commissioner has sub..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....- 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......trator withdrawing the Martial Law and revoking Proclamations of 20th August, 1975, 8th November, 1975 and the third Proclamation of 29-11-76 and repealing all Martial Law Regulations and Martial Law Order. (2) The extent of protection given under the Fifth Amendment to orders made acts and thi..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 ...... 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......shy;said Act does not cover the case of the pure sale with an agreement to reconvey. An out and out sale accompanied by an agreement for reconveyance is within the purview of the President's Order Nos. 88 and 136 of 1972 and No.24 of 1973 whereby provisions of section 95 of the Act have bee..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 ......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, ......cedure, and some detailed rules have been provided in the Code of Civil Procedure. On the question of joinder of parties, in the course of discussion of this question, his Lordship observed that Order I of the Code of Civil Procedure deals with the question of the parties to a suit and by virtu..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 ......te. Case Referred to- Abdul Hadi, Managing Partner, Hadi Brothers Vs. EPWAPDA, W.P. No 448 of 1968 (un-reported); Joseph Vilangandoa Vs. Executive Engineer (PWD), AIR 1978 SC 930. Lawyers Involved: Syed Ishtiaq Ahmed with Habibul Islam Bhuiya, Advocates-For the Petitioners ......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 ..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. ......33; Abdul Haque Miah and others Vs. Abdul Rashid & others, 35 DLR 54 (AD); Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 37 DLR 330 (AD); 37 DLR 220 (AD). Lawyers Involved: Abdul Quayum—For the Petitioner. P.C. Guha—For the Opposite ...... Civil Revision Case No.1027 of 1980. Judgment AM Mahmudur Rahman J. - This Rule arises out of an application under section 115(1) of the Code of Civil Procedure and is directed against the Order dated 28.5.80 passed by the learned Subordinate Judge, 1st Court, Barisal in Miscellaneous App..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. ......red by waiver and acquiescence on the part of the landlord………………(5) Case Referred to- Ramjan Ali Mistry Vs. Hedayetulla, 31 DLR (AD) 183. Lawyers Involved: B.C Panday, Advocate-on-Record- For the Appellant. B.B. Roy Chowdhu...... 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. ..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
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