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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: ......ity of the decree. 5. There is no dispute, that the proposition that has been laid down in the Calcutta Full Bench’s case is well settled. What requires is the application of the principle of the facts of a particular case. It is now well established that the decree be without ...... 2. The matter arises out of a suit for specific performance of contract and the facts are that the High Court passed an ex parte decree subject to the plaintiff appellant's depositing in Court an amount of Tk. 350/-as balance consideration money by 24-3-70 failing which the suit shall stand dis..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 ...... Judgment Kemaluddin Hossain CJ.- Defendant is the appellant and the appeal stands on the question whether the Court of appeal below and the learned Single Judge of the High Court on right principle decreed the suit. 2. Facts are that the plaintiff is the nephew, and the principal de......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. ...... then to the property in the goods sold to the buyer. Whether or not the seller in fact passes the property to the buyer on shipment, the risk passes. The presumption would, therefore, appear on principle to be that, in the case of an F.O.B. contract, the seller intends to fulfill his contract ......appeal is directed against the judgment and decree dated 30.11.65 of the learned Subordinate Judge, 1st Court, Chittagong in Money Suit No. 34 of 1959 of his Court whereby he decreed the suit for the amount claimed in the suit and costs. 2. The plaintiff's case was that in September, 1958 t..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
....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
......tion. Further, he denied that there was any contract with respondent No.1 under which he may terminate his service; and the order of termination was mala fide and passed in violation of the principles of natural justice.
6. Some background is necessary to understand the position ......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
..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
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. ......being given an opportunity to present his case against the report of the Pleader Commissioner. 22. As we said before, no Rule and Orders have been violated but what has been violated here is the principle of natural justice. The appellant ought to have been given an opportunity to file an ...... 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 ...... but also the validity of the national legal order, irrespective of how or by whom such a, change is brought about," are wholly unsustainable and cannot be treated as good law either on the principle of stare decisis or otherwise. In deciding the question of supremacy of the Constitution v......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 ..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 ......nsequences do arise which are absurd or unjust, it would set the Court to inquire if it was the intention of the law maker to use the words in their ordinary significance". Having propounded the principle correctly, the learned Judges took pains to find that the amendment by President's Ord......shall not exceed, by any agreement express or implied, seven years: Provided that any such usufructuary mortgage may be redeemed at any time before the expiry of the said period on payment of an amount which shall bear the same proportion to the total consideration money received by t..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 ......he pleading before the framing of the issues. So that the other party may not be taken by surprise and is prejudiced in the matter of taking steps to meet the objection. According to his Lordship the principle relating to a partition suit has got n6 application to a proceeding for pre-emption. His L......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)
....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 ......he allegations levelled against them by respondent No. 2. This unilateral action of the respbndent No. 2 without prior notice to the petitioners has evidently caused the violation of the general principle of the rules of natural justice. 5. A Division Bench of the Dacca High Court by a jud......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. ...... as it appears from the finding of the Lower Appellate Court to effect. Whereas admittedly the opposite party No.1 is neither a co-sharer not a boundary man." In that view of the matter the principle of law as enunciated in the case reported in 37 DLR 220 (AD) has got no manner of appli&sh......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
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. ...... Procedure Code. It was held in that case that although the Specific Relief Act deals with perpetual injunction leaving temporary injunctions to be regulated by me Civil Procedure Code, 1908 the same principles in the Specific Relief Act, 1877 must equally apply to the granting of temporary inj...... No.1 is the sole proprietor of M/S Selraj Production. He was faced with financial difficulties as such he accepted the petitioner as a partner in producing the said film. The petitioner paid an amount of Tk. 2,75,000/-on 15-11-77 to the opposite party No. 1 who executed document on 15-11-77 wh..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 ......nnected issues. One of us who delivered the judgment in the case of Administrator, Omar Sons Ltd, Vs. The Chairman, First Labour Court, Dacca and another. (3) observed as follows: "The principle to be followed in matters dealing with the same subject, 'where there are parallel law...... Section 34 can certainly be invoked for the necessary relief against such infringment, if other conditions of the said section are fulfilled because victimisation for trade union activities may amount to an infringment of right guaranteed or secured by any law. But it appears to us that if Sec..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 ......lah Vs. Ahmed Din, reported in 16 DLR (SC) 169, observes as follows :- “The line of demarcation between a lease and a licence will sometimes be very thin though there is no doubt as to the principle applicable. A lease, as will appear from section 105 of the Transfer of Property......he appellate Court then found that the defendant no. 1 has been in possession of the suit land for the 'last 25/26 years. It found that the defendant no. 1 has, been described as a tenant and the amount paid by him has been described as rent in Ext. 3, a rent record book, in Exts. C, C (1) and C..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......he Superior Selection Board found them fit and recommended them for promotion. The non-consideration of the cases of the petitioners for promotion, in the circumstances, is clearly a violation of the principle of equality of opportunity guaranteed by Article 29 of the Constitution of Bangladesh......Committee, it was done with a comment of the Establishment Division that their cases could not be considered because they had not, completed 14 years of service in Class 1. This clearly tantamount to non placing of the petitioners cases before the President for consideration in as much as ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
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. ......ance from the tenant and after deduction of the advance per month a sum of Rs. 2,500/- was being received She also could not say how much money was being deducted from the rent, nor she could say the amount of loan which was being deducted from the loan. She stated that they received a total sum of ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......e right acquired by the parties under the decree for specific performance of contract which has not been executed. If the parties have acquired a right which the law recognizes then the fundamental principle of jurisprudence is that where there is a right there must be a remedy. 5. It is ther...... 54 of the Transfer of Property Act cannot alter the nature of the transaction between the vendor and the vendee or affect the pre-emptor's right in respect of it and if the transaction amounts to a sale in fact, then notwithstanding that it is not in the form prescribed by secti..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....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
......no show cause notice was served upon him giving him an opportunity to explain his position the impugned order is illegal being violative of Article 135 of the Constitution as well as of the principles of natural justice.
2. The petitioner was first appointed Asst. Attorney General on ......exercise of contractual right is not purely dismissal or removal. Likewise, the termination of service by compulsory retirement in terms of any specific rule as to the condition of service is not tantamount to infliction of punishment. It is true that misconduct, negligence, inefficiency or other di..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
....iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
...... simple. It is that after submission of charge sheet, particularly when the matter is subjudice, the intended counter enquiry is not contemplated in our Criminal law, rather it is against the general principle of law relating to criminal trial and that by directing this parallel enquiry the officer.......iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ......t that of an employee under a private employer governed under the ordinary law of "Master and Servant". A decision of the Appellate Division in the case reported in 29 DLR 41 is the guiding principle in respect of matters like this and in the absence of any statutory rules the principles o...... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
.....
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
.......
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
...... the charge-sheet that they were irregularly admitted for getting undue favour and wrongful gain from the fathers of those cadets in the matter of purchase of a house at an abnormally low price which amounts to misconduct and corruption as defined in rule 2(b) and (c) of the Cadet College Employees ..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
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