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Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......pearing for the appellant, has submitted that the learned Subordinate Judge misinterpreted the decision in the case of Kumir Mondal Vs. Pramatha Nath Chowdhury (1962) in 14 DLR 801 in, as much as the principle laid down in the said case is that a borgadar recorded in the C.S. Khatian pleas tenant be......7) of section 3 which militates against a bargadar being a tenant Rent, according to clause (13) of section 3 as we have seen may be in money or in kind and it need not be a fixed amount, there is nothing in law to prevent a landlord from accepting a variable or fluctuating quant..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......e fully warranted by Regulation 12(ii). In the context of the Regulations Dr. Husain submitted that the services of the appellants were lawfully terminated and there was no violation of the principle of natural justice. 9. Bangladesh Bank (Staff) Regulations have been framed to define......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......f justice and fair play. Yes, if the petitioner had been charged with the commission of a minor offence but was punished for a major offence, the impugned order will be contrary to law as well as the principle of natural justice. But on perusal of the affidavit in opposition along with the clarifica......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
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Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......declaration of his legal status ; that according to the plaintiff's own case the authority to vest a Director with the powers of Managing Director having been placed in the general meeting of the principle laid down in the famous case of Foss Vs. Harbottle and that plaintiff has no cause of acti......ous exceptions to this rule which may be summarised as follows: 1. Whether the act complained of is illegal or ultra vires. It cannot be confirmed by majority. 2. Whether what has been done amounts to fraud on the minority and the wrong-doers are in control of the Company if the aggrieved ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
.... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ...... for the respondents has failed to show from his affidavit-in-opposition or from his file whether any notice in this regard had at all been served on the petitioner. There is a clear violation of the principle of natural justice that a man should not be adversely affected without a hearing, and comp...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
.... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ......or as a whole- Since the appeal arose out of partition suit, the suit could not have proceeded without the deceased appellant and respondent who were both defendants in the in the suit- The principle guiding the abatement of an appeal in part or as a whole was, whether, in the event of the...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......'s power to review and stay the proceeding relating to handing over the possession of the undertaking was challenged, Mr. Paul has, however, found the case attractive for restatement of the legal principle, by now well established, that the authority that has the power to make an order has also ...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......o. 2, the dispute was ultimately referred by the Registrar to an arbitrator, after hearing the parties, made an award by his order dated 30, 12, 77 asking respondent No. 2 to pay to the petitioner an amount of Tk. 47, 898, 13 75. Being aggrieved by the award respondent No. 2 filed an appeal under se..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......ession. The defendants contested this suit denying the plaintiff's claim of title and possession altogether and questioned the very maintainability of the suit contending that it is barred by the principle of res judicata as well as by law of limitation. In view of these pleadings of the parties......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......possession of such tenant." We fall to understand how this observation will help the appellant before us. Symbolical possession is a good as actual possession against a judgment debtor, and this principle of law was finally settled as far back as in 1917 by the Judicial Committee of the Privy C......l possession since, in the touzi there were under-tenure holders who were in actual possession. Mr. B.B. Roy chowdhury contends that symbolical possession from the Collector on confirmation of a sale amounted to actual possession and as such the defaulting proprietors stood dispossessed thereby and ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......possession of such tenant." We fall to understand how this observation will help the appellant before us. Symbolical possession is a good as actual possession against a judgment debtor, and this principle of law was finally settled as far back as in 1917 by the Judicial Committee of the Privy C......l possession since, in the touzi there were under-tenure holders who were in actual possession. Mr. B.B. Roy chowdhury contends that symbolical possession from the Collector on confirmation of a sale amounted to actual possession and as such the defaulting proprietors stood dispossessed thereby and ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......son in Court, the fact that he has absented himself is sufficient to constitute a breach of the condition, and therefore, for future of the bond. The 2nd stage relates to realization of the forfeited amount of the bond. After the Court has come to the conclusion that the bond has been forfeited..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
....tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......ld and what the report was and when and how it was made by the Police. As he was not given any opportunity to show cause to prove his innocence the impugned order terminating his service violated the principle of natural justice and was liable to be declared to be void.
3. The defendants contes......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
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Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......uch as it was not the legislative intent that the decision of the Government as to the title to such land or building should be final.
33. It may of course be rightly contended, relying upon the principle laid down in the said Pakistan Supreme Court decisions, that the summary power as had been......les with a view to protecting the enemy properties being utilised in any manner for the benefit of the enemy or in the interest of the enemy State and to the prejudice of Pakistan. Therefore, it amounts to only a control over the enemy property by the Custodian. If after vesting of the enemy pr..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......the effect of altering the law applicable to a claim in litigation which was in existence at the time when the new law came in to force. In Maxwell's interpretation of Statutes, 11th Edition, the principle has been stated as follows: "Every statute, it has been said, which takes away o......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ......The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ...... Under Order 41 rules 23 and25 the Code clearly lays down that there can be no remand unless the conditions laid down in those rules exist…… (10-12) Deduction of the amount payable by the tenant to recover from the landlord— In case of urgency, the tenant..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......upon the High Court to act judicially and to observe the rule of natural justice and that any order made without giving the affected person an opportunity of being heard in violation of the said principle is without jurisdiction. 9. As regards the third question for the consideration of wh......) by the defendant-appellant to the plaintiff respondent within 61 days from this date. In default, the appeal will stand dismissed with costs." 4. As Respondents No.1 to 11 did not pay the amount within 60 days from the date of the judgment as directed, the appeal stood dismissed with cos..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ......sp;7(aa) of 15-11-72 showing the final assessment of compensation the respondents have filed the above Arbitration Case No. 1833 alleging amongst others that they moved the Government for higher amount of compensation for land, structure and other acquired properties but the Government did not ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
.... payment of consideration on 8.7.72. Defendant No.1 has admitted in his cross-examination that the plaintiff did not do his legal work prior to 8th July, 1972, the date on which the last of the three installments of the consideration money was apparently paid under Ext, 5(a), Mr. Rafiqul Huq has ref......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ...... auction in which defendant No. 1, Ayaz Bahadur Khan, offered the highest bid whereupon it was leased out to him on 12.12.66 for a period of 30 years on a consideration of Rs. 93,000/ out of which an amount of Rs. 23,250/- was paid on that day. But as defendant No.1 could not pay the balance of Rs.6..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....d by the controlling authority shall within 7 days of such confirmation deposit 1/10th of the bid money with the pourashava and the balance of his bid money shall be paid by the pourashava in 9 equal installments in advance by the first day of the month for which the installment is due. It is furthe......g that there is an Annexure I which appears to be Confidential direction issued from the office of the Martial Law Administrator, Zone C. Since the petitioner has not made them party the well-settled principles of law is that one can not be condemned without being heard. Keeping in mind this princip......he previous year. Notwithstanding such protest the petitioner participated in the bid and he was the highest bidder at Tk.38 lacs. It is stated that the petitioner approached respondent No.1 that the amount had gone too high and it would be unworkable and accordingly suggested that there should be f..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
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