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S.R. Pal, Senior Advocate, with Mohamm-adullah, Advocate, instructed by A. Rab II, Advocate-on-Record-For respondents 1 & 2 (In C.A. 169 of 1979.)
Mozammel Huq Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the respondent 3 (In C.A. 169 of 1979.)
M. Nurullah, ......mission & Distribution Co. Ltd. &
another……..……………………………..Respondents
And
A.K.M. Ayub Ali……………………………….......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
......In C.A. 169 of 1979.)
M. Nurullah, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For appellant (In C.A. 65 of 1980.)
Syed Ishtiaq Ahmed, Senior Advocate, with K.Z. Alam and Khalilur Rahman, Advocates, instructed by M.R. Khan, Advocate-on-Record-For respondents 1 & ..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....s Case is also Reported in: 1 BLD (HCD) (1981) 46. ......Rodger Vs. The comptoir d' Escompte de Paris, LR 2 PC 464; Kishore Vs.Yashivantrao, AIR 1957 MB 17; Ahidhar Ghose Vs.The Secretary of State for India-in Council 36 CWN 665;Fazlur Rahman Vs. Sajab Ali, 30 DLR SC 30. Lawyers Involved: M.H, Khandker with Abu Backker Advocates-For the Appe...... 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. ......the parties or their respective lawyers after the Pleader Commissioner submits his report. But if considerable time has elapsed between the last occasion when the Court had dealt with the proceedings and the submission of the report, it is only fit and proper, and, indeed there is a practice, that t..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....in CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abdus Samad & Others……………………Appellants Vs. Md. Sohrab Ali & Others…………………..Respondents ......Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abdus Samad & Others……………………Appellants Vs. Md. Sohrab Ali & Others…………………..Respondents Judgment ......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 instan..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
....been placed before a Full Bench or a Special Bench for decision. But the question, as it appears, has become academic in view of the decision by this division in the case of Raman Ali Mistry Vs. Md. Hedayetullah, 31 DLR (AD) 183 wherein a pronouncement of an interpretation of default as contemp......a contract to the contrary or such payment is covered by waiver and acquiescence on the part of the landlord………………(5) Case Referred to- Ramjan Ali Mistry Vs. Hedayetulla, 31 DLR (AD) 183. Lawyers Involved: B.C Panday, Advocate-on-Rec...... 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. ......ump does not help the tenant from the mischief of default- A tenant by making payment of rent in lump shall ordinarily be treated as a defaulter in the payment of rent in terms of section 18(1) and 18(5) of the Premises Rent Control Ordinance, 1963, unless there is a contract to the contrary o..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
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. ...... (Civil Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Liaquat Hossain Chowdhury………………….Petitioner Vs. Mir Ali Hossain & others…………………… opposite pa......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. ...... others Vs. Government of the People Republic of Bangladesh & others, 1977 BSCR 32; Serajuddin Bepari & others Vs. Mizanur Rahman & others, 29 DLR ($C) 82,; S.N. Gupta & Co. Vs. Sadaananda Ghoss & others, PLD 1960 Dacca 153. Lawyers Involved: Amirul Islam with Abdu..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....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 ...... was registered on April 9, 1972, Respondents 1-6 claimed to be co-sharers by inheritance and respondents 7-9 claimed to be co-sharers by purchase. The case land originally belonged to one Sadat Ali Kari, predecessor-in-interest of respondents 1-6 and as such they claimed as co-sharers by inher......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 ......l is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interest in the land in question the preemption case..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
..... Fakir Janan Begum, 49 JA 195; Gani Mia & other Vs. Wazid Ali, 39 CWN 882 s McEvoy Vs. The Belfast Banking Company Ltd., 1935 AC 24. Lawyers Involved: Khandoker,Mahbubuddini Ahmed with Md. Shafiqur Rahman, Advocates- For the Appellants. Fakir Abdul Mannan with Bazlur Rahman, Advo......rwards and registered, the oral gift would be valid notwithstanding the latter instrument of gift……………… (21) Case Referred to- Mohammad Sohrab Ali Vs. Bazlur Bahman Mia, 1968 SCMR 341; Abdul Motaleb Vs. Mostt. Rezia Begum, 21 DLR (SC) 134; G. ...... 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. ......& another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
....Moriam of village Kamarkhola under P. S. Nawabganj, District Dacca. They had owned and possessed the same physically up to 12-2-74, when they executed a General Power of Attorney in favour of one Sk. Md. Abdul Mannan, son of late Abdul Hamld of Village Churian under PS Nawabgaoj, Dacca authorising t......s Order No. 16 of 1972 and as such Sk. Md. Abdul Mannan had no legal authority to transfer the property in favour of petitioner and his brothers.
4. We have heard the learned Advocates Mr. Anwar Ali Khan and Mr. Syed J.R. Mudassir Hossain, Assistant Attorney Genera], appearing for the petitione......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
......of Public Works & Urban Development, 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 ..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ......Reported in: 31 DLR (HCD) (1979) 427 ......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ...... Kazi Ali Noor………………………………………..Petitioner Vs. Secretary, Ministry of Agriculture and others………….Respondents Judgment July 26, 1979. Result..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....p;……………Respondents Judgment July 12, 1979. Result: The appeal is allowed. Lawyers Involved: M.A. Rouf, Senior Advocate, instructed by Md. Aftab Hossain Advocate-on-Record - For the Appellant. B.C. Panday, Advocate on-Record - For...... Present: Kemaluddln Hossain CJ Ruhul Islam J KM subhan J Abul Bashar Toha…………………….......Appellant Vs. Sujayat Ali and others……………………Respondents Judgm......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......esent: Kemaluddln Hossain CJ Ruhul Islam J KM subhan J Abul Bashar Toha…………………….......Appellant Vs. Sujayat Ali and others……………………Respondents Judgment ..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....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
...... DLR (HCD) (1979) 346
......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
......
Present:
Shahabuddin Ahmed J
Rafiqur Rahman J
Shaikh Keramat Ali..............................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents
Judgment
July 6, 1979.
Result:
The rule is made abso..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
.... Vs. Ali Ahmed Sikder & others………… opposite parties Judgment April 5, 1979 Result: The Rule is disposed of. Case Referred to- Md. Saddat All Khan Vs.The Administrator, Corporation of City Lahore, AIR 1949 Lah 186, Anandamoyee ......il Revisional Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan J Serajul Mostafa………………… petitioner Vs. Ali Ahmed Sikder & others………… opposite parties Judgment ......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ......rties Judgment April 5, 1979 Result: The Rule is disposed of. Case Referred to- Md. Saddat All Khan Vs.The Administrator, Corporation of City Lahore, AIR 1949 Lah 186, Anandamoyee Desai Vs.Rudra Mohanti, 18 CLJ 141, Manicken Vs.Mamanathan Chettiar & others, AIR 1949..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
.... Haider Chowdhury and thereafter appellant on enquiry could learn that relationship actually exists and the families are intricately connected. The respondent's faithful obedient Manager Mr. Md. Eliyas and also Tadbirkar of the case hailing from Sudharam, Noakhali is also related to Mr. Bad......ister has been married to Mr. Elahi Baksh's son and Mr. O. R. Nizam's son who is brother-in-law of Ayaz Bahadur Khan married to a daughter of Mr. Elahi Baksh's family. 5. That P.W.3, Ali Akkas was a typist in the law firm of the lordships and Mr. Nazim A. Rahmam, situated at Tiger M......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......Advocate-on-Record - For the Respondent No.4. K. A. Bakr, Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.9 of 1978. (From the Judgment and order dated 25-8-78 passed by the Appellate Division in Civil Appeal No.9 of 1978). Judgmen..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
....This Case is also Reported in: 31 DLR (HCD) (1979) 241.
...... State.
Criminal Revision No. 748 of 1977
Judgment
Mohammad Habibur Rahman J.-This rule was issued calling upon the Deputy Commissioner, Bakerganj and opposite party informant Khorshed Ali Bepari to show because why the impugned orders passed on 24-3-77 and 27-7-77 in Special Tribunal...... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
......bsp;
..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)
....ut having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ...... 'A' purporting to be the true copy of a certificate issued by the District Judge, Dacca certifying' that the petitioner was a holder of clerkship card for 1965-66 and was attached to Mr. Ali Ahmed Mukhiear. Annexure 'B' however shows that the petitioner was a registered clerk of......ut having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ......1979. Result: The rule is discharged. Lawyers Involved: Syed Azizul Huq-For the Petitioner A. N.M. Yusuf, (President of Mukhtear Bar Association's) in person. Gour Chandra Das-For the Respondents Writ Petition No. 351 of 1968 Judgment &nbs..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....: 31 DLR (HCD) (1979) 199. ......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ...... No. 479 of 1978) Vs. M. A. Rouf…………………………………Petitioner (In Petition No. 538 of 1978) A.M.M. Rishid Ahmed and Ors…………Petitioner (In Petition No.540 of 1978) Md. Ruhul Amin&helli..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....r he was allowed to resume his duties,; as such that right cannot be taken away by the authority. In support of his contention he has referred to a case reported in 21 DLR (SC) page 238 (Pakistan Vs. Md. Nimayamatullah Farukh) in that case the lordships of the Supreme Court of Pakistan held: &l......said amount of Tk. 10,990/- to the Family Planning Board at Rangpur in four instalments. It was. stated in the petition that while the petitioner was at Rangpur he incurred displeasure of Mr. Hossain Ali, Accountant Cum-Cashler and Dr. S. Alam, District Technical Officer, as the petitioner objected ......s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ......nt: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J A.H.M Abdul Hai………………………….Petitioner Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. Result: Th..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)
....8 DLR (SC) 1; Akbar Ali Vs. Razi-ur Raman Khawaza, (1966) 18 DLR (SC) 426; Mian Jamal Shah's case (1966) 18 DLR (SC) 1; (1966) PLD SC 1. Lawyers Involved: Moinul Hossain, Advocate, with Md. Joynul Abedin, Advocate, instructed by A. Rab-II, Advocate-on-Record - For the Appellant. K......Respondents Judgment November 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. The Member Election Commission, (1966) 18 DLR (SC) 1; Akbar Ali Vs. Razi-ur Raman Khawaza, (1966) 18 DLR (SC) 426; Mian Jamal Shah's case (1966) 18 DLR (SC)......ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ...... Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Abdul Matin………………Appellant Vs. Election Tribunal and Munsiff 2nd Court Comilla & another……………Respondents ..Category: Election Law | Date: 23 Nov, 1978 | Hits: 206
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....e Vs. Indian Union AIR 1950 Orissa 146; Mt Haydari Begum Vs. Jawad Ali AIR 1934 All. 22; Hari Ram Vs. Emperor AIR 1939 FC 43; Gulzar Hassan Vs. Ghulam Murtaza PLD 1970 (SC) 335; Emperor Vs. Atta Md. AIR 1945 Lah. 130. Lawyers Involved: Strajul Huq, Aminal Huq, Zabir Ahmed—For th....... Crown ILR 1945 (Lah) 573; Malhari Ramaji Vs. Emperor 49 Cr. L.J. 460; Re T. Venkateswara. AIR (38) 1951 Mad. 611; Braja Kishore Vs. Indian Union AIR 1950 Orissa 146; Mt Haydari Begum Vs. Jawad Ali AIR 1934 All. 22; Hari Ram Vs. Emperor AIR 1939 FC 43; Gulzar Hassan Vs. Ghulam Murtaza PLD 1970......now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......q J Abdul Malek J Akram Hossain Mondal…………………..Petitioner Vs. Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others……….Respondent Judgment September 26, 1978. Result: ..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ......oyal Chitti & others AIR 1932 P.C I; Barron Vs. Potter and Potter Vs. Barron", Ch. Div. 1914 (1), 895; Mahmudur Rahman and other Vs. Monipur Tea Company Ltd', (1968)20 D.L.R. 133; Punjab Ali Vs. Muharram Hosain (1977) 29 D.L.R, S.C. 185; C. Cooper and Sons, (1937)2. All ER. 466; (1966) ...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ...... Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
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