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Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......n as an absolute rule, because if the suit is otherwise maintainable, and if it is found that the defendant without being in possession, wants to disturb the possession, the Court cannot be powerless to grant temporary injunction in an appropriate case. The order granting injunct......er 5, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to as............Respondents 3-20 Judgment November 5, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for conseque..Category: Civil Law, Property Law | Date: 5 Nov, 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 ......espondents 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 transfer or sale o...... 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......settlement from the Bhattacharjees by Exts.1 and 1(a) which have been concurrently held by the Courts below that they were invalid and the plaintiff did not acquire any title on them and no leave was granted on the issue. 4. As regards to the 'Kha' schedule lands all the three Courts be..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
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 ......much absent here in this petition. The allegations which the plaintiff has made in para 3 of the petition are vague and general allegations and as such it cannot be considered for exercising the powers conferred in Order 38, rule 5 C.P.C. and in this connection the decision reported in 27 D.L.R...... 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......ubordinate Judge on consideration of the facts and materials on record available before him rejected the application for attachment before judgment and vacated the ad interim order of attachment granted by him on 20-5-80. The learned Subordinate Judge was of the view that the petition for attac..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....to extend time to comply with the above noted requirement and the application must be rejected. The other view is that the requirement of the proviso is directory and the power to extend time is discretionary. In an appropriate case the Court is competent to extend time. The third view is that ......the requirements thereof or obtain a direction from the Court by filing a separate application for compliance of the requirement. It would be absolutely unreasonable to say that Court's power to give direction is circumscribed by the period of limitation, that is to say, the Court...... 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'......iance of the proviso to sub-section (1) of section 17 of the Provincial Small Cause Court Act? Along with this another short question has been raised is whether the Small Cause Court has the power to grant time for filing security bond beyond the period of limitation for setting aside the ex pa..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...... law involved in this appeal is whether the learned Single Judge of the High Court Division correctly held that the executing Court can go behind the decree to see whether the extension of time granted to deposit the balance consideration money for the passing of a decree for specific perfo..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
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 ......d under authority of the Ordinance, Defence of Pakistan Rules 1965 were framed. The Governor of the then East Pakistan under delegated authority by order of 20-9-65 made in exercise of powers conferred by Rule 181 of the Defence of Pakistan Rules, briefly called the Rules, took over t...... 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....... 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 ..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
......sp; its own Memorandum and Articles of Association as well as the provisions of the Companies Act. Under the provisions of Sections 5,6 and 7 of the Order the Government was empowered to do away with any obstacles which it may be faced with in managing such company or enter&s......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......ing aggrieved by the judgment of the High Court Division passed on July, 19, 1979 the appellant moved this Court and obtained Special Leave to appeal on August 31, 1979. The points on which leave was granted were—
"(1) Whether the appellant was in the service of the company or i..
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 ...... 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 guilty. Unless......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 ......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)
.... 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. ......on is, will the formal defects in the preliminary decree, which are clerical in nature, nullify the entire work of the Pleader Commissioner. 13. We do not see why in such a situation the general power of the Court to act ex debito justitiae should not be resorted to. As held by the privy Counci...... 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...... 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)
....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 ......ial Law Regulations and Martial Law Order. (2) The extent of protection given under the Fifth Amendment to orders made acts and things done or taken by any person or authority in exercise of the powers derived or purported to have been derived from such Proclamation, Martial Law Regulations, Ma......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......(1) summarily rejected the writ petition, in view of complete ouster of the jurisdiction of the Court by clause (6) and (7) of M.L.R. 4 of Martial Law Regulation No. 1 of 1975. 5. Leave was granted in the background of lifting of Martial Law by the Proclamation of April 6, 1979 to exa..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 ......he Officer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as may be fixed in the order. (5) If the mort......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......iled and the High Court Division disposed of these petitions by one judgment as the same question of law of public importance had been raised and on consideration of which a certificate was also granted. Vires of President's Order No. 88 of 1972 was also challenged whereby section 95A ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
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......gricultural land and used for residential purpose and as such cannot be pre-empted under section 96 of the State Acquisition and Tenancy Act. On reading the original deed by which lease was granted mainly for "purpose not connected with agriculture" their Lordships made the above..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93. ......e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93. ...... Hossain & others…………………… 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 &......ion restraining opposite party No.1 from releasing the film "Diwana" before the learned Munsif, 3rd Court, Dacca who passed an order on 28.11.79 asking the defendants to show cause and also granted ad-interim injunction on the same date. Being aggrieved the opposite party No. 1 preferred a..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ......ed mainly in a managerial or administrative capacity; or (ii) Who, being employed in a supervisory capacity, exercised, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of managerial or administrative nature.” 17. As the......hellip;…Respondents Judgment January 7, 1980 Result: Civil Appeal No. 26 and 27 of 1978 are allowed. Appeal Nos. 46 and 47 of 1978 are disposed of. Case Referred to- General Manager, Hotel Inter-Continental vs. Chairman, Second Labour Court, Dacca, 28 DLR 1......parent on the face of the record. 7. In Civil Appeals No. 26 and 27 of 1978, the company, James Finlay & Co. Ltd., which is the appellant raised the following point upon which leave was granted by this Court: "Whether the High Court after holding that the applications under s..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......ip;…………………………..Respondent Judgment December 11, 1979. Result: All petitions are dismissed Cases Referred to- Abdullah Vs. Ahmed Din, reported in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb A......te Court interpreted the word "hoia" to mean occupation and keeping possession, of the suit land. The words used in the document, according to the appellate Court, indicate that a lease was granted to the dependant. The uninterrupted possession of the suit land for the last 25 years sugges..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
....of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
......655 of 1976.
The points for consideration are whether the courts below erred in law in not considering the second stipulation of the agreement which manifestly reserves with the company the power to take appropriate disciplinary action against the leaders of the legal strike on 14.3.7......LR (AD) (1979) 329.
......aving been adequately compensated on a holiday "there was no scope for taking action against the two workers". In this view of the matter the petitions were rejected.
5. Leave was granted in terms mentioned above. Mr. Asrarul Hossain, the Learned Counsel appearing for the ap..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ......rred by delivery of title deed. The provision of s.23 of the Non-agricultural Tenancy Act prohibiting transfer of non-agricultural tenancy without a registered document shall not apply to gifts of immovable property by a Muslim. A valid gift of immovable property with buildi......e plaintiffs have set up the case of verbal gift to defeat the claim of these defendants in the disputed property and that the suit ought to be dismissed and the succession certificate should be granted to the defendants. The facts relating to the succession case need not be stated separately s..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
....t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
......1972 means-
any property owned by any person who is not present in Bangladesh or whose whereabouts are not known or who has ceased to occupy, supervise or manage in person his property.
The power to treat a property as an abandoned property is limited-
The mere service of notice on wi...... Government of Bangladesh………..Respondents
Judgment
August 17, 1979.
Result:
The rule is made absolute.
Owner of abandoned property has no legal authority to transfer the property-
An abandoned property within the meaning of the Presidents Order No. ......t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......f efficient discharge of duties and contending that his service was not found to be satisfactory. The Government however, did not take any action by way of punishment but the President in exercise of powers conferred on him by the President's Order No. 6 of 1972, removed him from service without......irs, Law Division)…………………...................Respondent
Judgment
August 2, 1979.
Result:
The rule is discharged
Cases Referred to-
A.I.R. 1973 SC 1135; Weekly Law Reports, October 29, 1971 page 1582; Criminal Revision Case......d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......Government of Bangladesh & Others………….Respondents Judgment July 6, 1979 Result: The appeal is allowed. Administrative law—Discretionary power— Authority must exercise the power reasonably— Arbitrary exercise of the power wit........ (6) Lawyers Involved: Syed Ishtiaq Ahmed, Sr. Advocate, with Mahmudul Islam, Advocate, instructed by Abu Backkar, Advocate, on Record-For the Appellant. Md. Moksudur Rahman, Deputy Atorney General, instructed by S.S. Hoda, Advocate on-Record-For the Respondents 1-6. N. H. Khan......lleging, inter-alia, that the appellant being the highest bidder at the auction of Dhaleswari River Fishery within Police Station Nasirnagar in the district of Comilla held on August 24,1977 for granting lease of the fishery for a term of three years. 1384 B. S. to 1386 B. S. at the annual rent..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
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