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Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
.... 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......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......General-For Respondent No. 2. W. P. 43 of 1978 Judgment 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 requisiti..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)
....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...... This Case is also Reported in:35 DLR (HCD) (1983) 86. ....... Defendant Nos.1-9 entered appearance but later on compromised the suit with the plaintiff. The suit was decreed on compromise against the defendants 1-9 and ex parte against defendants 10-17 by order dated 5.7.71. Thereafter, defendants Nos.1 to 3 filed an application before the learned Munsif..Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29
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 ...... Musabbir Ali & others…………opposite parties Judgment September 4, 1980 Result: The reference is accepted. Case Referred to- Muhadeo Lal and another Vs. Hossaini Pandy and others ; Upendra Nath Bhattacharjee Vs. Khitish Chandra Bhat...... A.S. Faizel Islam Chowdhury J.- This reference was made by Mr. S,H. Molla., Special Judge Ex-Offlcio Additional Sessions Judge Sylhet under which he recommended for setting aside the order dated 6-1-77 passed by Mr. Golam Mortuza, Magistrate 1st Class and Resident Magistrate, Zakiga..Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....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......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 ......idence. The person seeking to prove may take recourse to the relevant provisions of the law to discharge this onus of proof. 19. In this view of the matter, we allow the appeal and set aside the orders of the High Court Division and that of the Court of appeal below and remit the case back to 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)
....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......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......t the petitioner has not examined his son for 'obvious reasons." We cannot but come to the conclusion that the petitioner has withheld his son whom he could easily bring as a witness in order to corroborate his assertion that he came to acquire knowledges of the transfer from Dr. ..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
.... 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...... 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......ith Abdul Azim, Advocates-For the Opposite party N.2. Judgment Civil Appeal No. 822 of 1980 Ranadhir Sen J. - This 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 attach..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....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 ......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...... Petitioners. SR. Pal with S.K. Sinha, Advocates -For opposite party No.1. Civil Revision 1482 of 1979 Judgment Amirul Islam Chowdhury J.— This Rule was directed against the order dated 19-11-79 passed by Mr. H. Hoque, Subordinate Judge, 3rd Court, Dacca in T.S. No. 152 of ..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
.... 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 ......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......Ruhul Amin—For the Opposite party. Civil Revision No.106 of 1984. Judgment A. T. M. Afzal J.- This Rule at the instance of the defendant No.6-petitioner, is directed against the order dated 19.5.84 passed by the learnd Munsif, 3rd Court, Comilla (In charge of 1st Court) in Titl..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 ......ip;……. Respondent Judgment July 22, 1980 Result: The application is rejected. Case Referred to- 36 I.T.R. 1975, 37 I.T.R. 381, 38 I.T.R. 222, 56 I.T.R. 400 and 80 I.T.R. 167. Lawyers Involved: Habibul Islam Bhuiyan, Advocate-For the Applicant ......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)
....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......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......shy;cation, not mandatory—Application to set aside the decree along with another application seeking Court's direction may be filed within the period of limitation—Court may pass order beyond the period of limitation giving direction—Compliance with the Court's di..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
.... 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......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...... decree to see whether the extension of time granted to deposit the balance consideration money for the passing of a 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 o..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....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 ......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:......in the case. 10. In the result the appeal is allowed and the decision of the High Court and that of the Court 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) (1..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
.... an Assistant Manager of the plaintiff-company at Chittagong office has proved the invoices Exts. 5-5(d) which were sent from their Karachi office and has also stated that the plaintiff-firm has sent lawyer's notices Exts. 1(a) and 1(b) to the defendant firm which they had refused. He has furthe...... 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...... the defendant. 3. The defendant denied the contract altogether. They contended that Abul Hossain was the proprietor of defendant-firm and his son Zakir Hossain who is alleged to have placed the orders for the defendant firm had no authority to do so. Neither Choudhury Babu who is alleged to ha..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
.... 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...... also Reported in: 1 BLD (AD) (1981) 1 ......;For the Appellant. Abdus Sobhan. Addt. Attorney-General, instructed by M R. Khan, Advocate-on-Record—For the Respondent. Civil 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) Jud..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....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......In C.A. 169 of 1979.)
M. Nurullah, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For appellant (In C.A. 65 of 1980.)
Syed Ishtiaq Ahmed, Senior Advocate, with K.Z. Alam and Khalilur Rahman, Advocates, instructed by M.R. Khan, Advocate-on-Record-For respondents 1 & ......9 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 Appeal No.169 of 1979 arises from the judgment and order of a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 19, 1979..
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)
....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--......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...... 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 (Standing orders) Act. Labour Court arrogated to itself the power of appellate authority against Enquiry ..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....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......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......lae. It will be plainly an act of injustice if for errors of the Court the entire work of the pleader commissioner is nullified, more so when in allocating sahams he has not gone beyond the order portion of the judgment. The pleader commissioner's report cannot be set aside on the..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (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......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......other Ruhul Islam J. Fazle Munim J. - I also concur with the judgment of my learned brother Ruhul Islam J. Ruhul Islam J. - 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 app..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....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 ......te-on-Record-For the respondent. S.R. Pal, Sr. Advocate, appeared as Anmicus Curiae. Civil Appeal No. 31 of 1972 (From Writ Petition 85 of 1974. 46 other appeals were heard analogously and disposed of by this judgment) Judgment B.H. Chowdhury J.- These appeals arise out of ......espondent No. 2 for restoration of possession of the said land. This petition was allowed on 30-3-73 and thereafter the respondent No. 1 filed the Writ petition urging, inter alia, that the said order is without lawful authority inasmuch as section 95 A of the aforesaid Act does not cover ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....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......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-emption case and they were not brought on record in spite of objection taken by the pre-emptees-- The instan......ppear from a perusal of the provisions of section 96 that it was the intent of the legislature that the penalty for non-impleading a person as contemplated in sub-section (2) is the invalidity of the order which may ultimately be made in the said proceeding. The question whether a person is a necess..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
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