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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. ...... in the background of such State Policy, since there is a direct nexus between the fundamental principles of State Policy and public purpose and public interest as such. In the present case the cause of public purpose and public interest has been advanced for the accommodation of a no..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. ......ed Munsif all Judgments, decrees and orders passed ex parte by any Court after 1st day of March, 1971 and before the commencement of the order which is 7.2.72 were declared null and void. But in this case the decree passed against defendants 1-9 was decreed on compromise. No doubt the decree insofar..Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29
Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)
....;Now quite clearly the nomination of a Jury is a nomination of the Court, which has to try the case and it would seem that irregularity with regard to that matter is an irregularity which goes to the root of the proceedings. Therefore, in may judgment it is doubtful whether in any event the provisio......recommended for setting aside the order dated 6-1-77 passed by Mr. Golam Mortuza, Magistrate 1st Class and Resident Magistrate, Zakiganj in Misc. Case No. 22 of 1976. 2. The above mentioned Misc case No. 22 of 1976 arose out of an application under section 133 of the Code of Criminal Proce..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 ......ay by notification in the Official Gazette, declare that the notarial acts lawfully done by notaries within such country or place shall be recognised within Bangladesh for all purposes or as the case may be, for such limited purposes as may be specified in the notification. 11 A salient pr..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 ...... 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 Ali Mondal by p..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 ......his property. I do agree with the contention of the learned Advocate for the defdt No.1. In view of the facts discussed above I am of the opinion that the plaintiff has failed to make out a case for getting an order of attachment before judgment." 4. This Rule was obtained by the..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. ......urts he should be approached first. Let us examine section 115 as its stands now. Section 115 reads as follows— "Revision-115(1) The High Court Division may call for the record of any case which has been decided by any Court sub-ordinate to the High Court Division and in which no app..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 ......1 by way of mandatory injunction to publish the result of the election of the No.7, Bangora (West) Union Parishad held on 14.1.84. It appears from the petition that the Plaintiff's case is as follows: 3. That the election of the Chairman of the aforesaid Union Parishad was sc..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 ...... income connotes a periodical monetary return coming in with some sort of regularity or expected regularity from definite source, excluding anything in the nature of a mere windfall. In the aforesaid case the question whether compensation received for cessation of agency could be construed as a..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 ......fixed 3-11-73 for order. The respondent having failed to take steps by the date fixed, the learned S.C.C. Judge fixed 24-11-73 for show cause by the respondent as to why the Miscellaneous case should not be rejected on account of his default to furnish the security bond. The respond..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: ...... 47 of the Code but the lower appellate Court on appeal rejected the objection. Thereafter in Second Miscellaneous Appeal the High Court Division allowed the appeal and dismissed the execution case. The High Court Division held that the order of 19-5-7?, permitting the plaintiff, to deposit ..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 ......rden 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. In a case where the question is between two or more brothers of a Hindu-family living jointly having join..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. ......ample, 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 handing over of bills of lading agains..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 ......operty' within the period of 6-9-65 to 16-2-69 subsequent taking over of such property is permissible, but not otherwise. 10. Mr. Pal has, with plausible justification, submitted in the case of Bangladesh Enemy Property Management Board Vs. Md. Abdul Majid DLR (AD) 52, there ..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)
....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 ...... a dispute relating to allegation of theft by the employer against the employee there always remains an incongenial relationship between the parties--In such a relationship it would be no appropriate case where reinstatement would be allowed. Dismissal--Extenuating circumstance— ..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. ......awyers of both sides are to be informed of the recommencement of the Court's proceeding. The decree passed without such intimation will not be a nullity, but in the fact and circumstances of each case the aggrieved party can complain about lack of knowledge of the last leg of the proceedings and..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 ......der directing the respondents No. 2 and 3 to refrain from giving effect thereto. 4. The High Court Division following a decision of the Supreme Court of Bangladesh Appellate Division in the case of Halima Khatun Vs. Bangladesh, (1) summarily rejected the writ petition, in view of complete ..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 ......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 are that the respondent No. 1 purchased the land from resp..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 ...... 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 i..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4