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Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....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......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 ..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
.... decree to see whether the extension of time granted to deposit the balance consideration money for the pasĀsing 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......he appeal, set aside the order of the High Court DiviĀsion and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....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......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)
.... 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......of the defendant. But the defendant did not retire the shipping documents. Ultimately the plaintiff's Chittagong office got said 1400 bags of rape-seed cleared from the jetty and sold the same at Government controlled rate between 14.11.58 and 31.12.58. The plaintiff had to pay clearing charges ..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....;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......nd Pakistan there was an announcement of ceasefire declaration in the Security Council on 17-9-fiS and both the countries we brought to a conference table by the good offices of the Russian Government at Tashkent where once again a declaration was made on 31st December. 1965 acknowledging ..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
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)
.... 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 ......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)
....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...... 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. ..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....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...... 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) 110, followed; AsmaJilani Vs. Government of Punjab, PLD 1972 SC 139; State Vs. Dosso. PLD 1958 SC 533; Begum Nusrat Bhutto Vs. Chi..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....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 ......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)
....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......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 ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....urchase to all to 44 authorities named therein and this was followed by the black-listing of the petitioners by the Directorate General of Defence Purchase. The aforesaid impugned notice and the order for black-listing of the petitioners have been marked as Annexures 'P'and 'Q' ......of the Constitution is directed against a notice No. 215/2261 DGDP/ASC/P-8 dated 22nd September, 1978 made on behalf of the Director General of Defence Purchase in the Ministry of Defence of the Government of Bangladesh with notice to all concerned Ministries, Divisions, Directorates, auto..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....laneous Appeal No.15 of 1977 reversing that of the learned Munsif, 1st Court, Pirojpur in Miscellaneous Case No.7 of 1973 dated 30.11.76. 2. In this application the petitioner has challenged the order of the learned Subordinate Judge allowing the application for pre-emption filed under sub-sect......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. ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
....h on which the rent falls due, and if the landlord refuses to accept the rent tendered by the tenant, the tenant must remit the rent within the aforesaid fifteenth day of the following month by money order. If the rent remitted by money order is refused, the tenant can deposit the rent with the Rent...... 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
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
.... opposite parties. Civil Revision No. 1488 of 1979 Judgment delivered A.M. Khan Chowdhary J.- This rule was issued calling upon the opposite parties to show cause why the judgment and order dated 11.12.79 passed by District Judge, Dacca in Misc. Appeal No. 414 of 1979 staying the ord......ellip;………… opposite parties Judgment January 23, 1980 Result: The rule is discharged. Case Referred to- Mohammad Nural Islam & others Vs. Government of the People Republic of Bangladesh & others, 1977 BSCR 32; Serajuddin Bepari & ..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....a certified copy of the Kabala on March 8, 1973 they came to know for the first time about the transfer of the case land. Their further case is that no notice of sale was served upon them and that in order to avoid pre-emption the kabala was registered in a different Sub-Registry. 3. The trial ......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 ..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....os. 863 do 864 of 1974. Judgment K. Hossain CJ. - I concur with the decision of my learned brother Fazle Munim, J. Fazle Munim J. - These appeals arise from the same judgment and order of the High Court passed in Writ Petitions No. 863 and 864 of 1974 on January 7, 1977. In Civi......ving failed to accept the demands of the Union, the employees of both the Organisations resorted to strike after observing all the formalities and the strike continued for over a month, whereupon the Government referred the dispute to the Second Labour Court Dacca for adjudication which was register..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....in the property to use the same for the purpose of the plaintiff's gain." Mr. Das argues that the circumstances make it quite clear that the defendant No. 1 was given exclusive possession in order that a full right may be created in his favour and in order that he may use the suit land to h......ndant was dismissed from the service of the plaintiff in July 1956. As he did not vacate the land, on demand the plaintiff instituted the suit for declaration of title and recovery of possession. The Government was the defendant no. 2 in the suit. 3. The plaintiff also filed T.S. No. 98/58 in t..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)
....l Amio—For opposite party No. Civil Revision No. 614 of 1979 Judgment Shahabuddin Ahmed J.- This rule under section 115 of the Civil Procedure Code calls in question an order dated 30-4-79 of the District Judge Tangail, in Misc. Appeal No. 34 of 1978 reversing an order......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. ..Category: Family Law | Date: 30 Nov, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....ry obligation to place their cases to the Council Committee for consideration and making recommendation to the President, whose approval is the final legal requirement before the issuance of the orders for promotion. It was also stated that the Establishment Division issued impugned Notifi......9; to Writ Petition No.527/79 is Establishment Division Notification No. ED (SA-1)-2/79-208 dated the 20th April, 1979 promoting respondent Nos.3 and 4 as Joint Secretary from Deputy Secretary to the Government of Bangladesh. 4. Annexure 'C' to Writ Petition No.528/79 is Establishment D..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1