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Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....te party No. 2. Moazzem Hossain, Deputy Attorney General-For the State. Criminal Revision No.64 of 1980 Judgment Md. Altaf Hossain J.—This Rule is directed against an order dated 30-1-80 passed by the learned Additional Sessions Judge, Sylhet in Crl. Motion No. 9/111/79 se......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
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 ...... accepting the case of the Respondents found it a fit case for restraining the appellants and so issued the order of temporary injunction. 3. Leave was granted to consider whether in view of the decision in the case of Kapti Ram Shil Vs. Sumitra Devi (1) and in the case of Mosharaf Hossain Vs. ..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....stress of the school as the ex officio secretary thereof. This has been the position even uptil now by virtue of the notification of the Board of Intermediate and Secondary Education, Dacca dated 5th March, 1977 published in Bangladesh Gazette on 24th March, 1977. In such circumstances it ...... 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. ..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)
....A.S. Faizel Islam Chowdhury J.- This reference was made by Mr. S,H. Molla., Special Judge Ex-Offlcio Additional Sessions Judge Sylhet under which he recommended for setting aside the order dated 6-1-77 passed by Mr. Golam Mortuza, Magistrate 1st Class and Resident Magistrate, Zakiganj in ......n may judgment it is doubtful whether in any event the provision of section 537, Criminal P.C., could cure the irregularity in this respect." In that judgment reference was made to the decision in the case of Upendra Nath Bhattacharjee Vs. Khitish Chandra Bhattacharjee. (2) In th..Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....s who orally settled the 'Ka' schedule lands and another plot of land to the plaintiffs son Abdul Jabbar and allowed the plaintiff to possess the 'Kha' schedule lands on amalnama dated 20th Bhadra, 1359 B.S. and that on 19.2.58 Abdul Jabber sold the land to one Siam Sardar from ......s section 85 of the Evidence Act and clause (3) of section 33 of the Registration Act. It is to be observed that the Law of Nations recognises foreign notarial acts. On foreign notarial acts two decisions may be cited which may be of some assistance for our purpose. In the case of A. J. Primros..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
....tion 115 of the Code of Civil Procedure arises out of an application for preemption under Section 24 of the Non-Agricultural Tenancy Act, 1949 (Act XXIII of 1949) and is directed against the judgment dated 9-11-1979 passed by the learned District Judge, Bogra in Misc. Appeal No.50 of 1977 affirming ......s now look into the question of the probative value of the recitals of a document when the question before the Court is whether the document in question is benami or not. On the authority of the decision of the Privy Council in Hakim Moulavi Md. Mahbub Ali Khan Vs. Bharat Indu and others (1) we..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....dul Azim, Advocates-For the Opposite party N.2. Judgment Civil Appeal No. 822 of 1980 Ranadhir Sen J. - This Rule, at the instance of the plaintiff, is directed against the order dated 16-6-80 of the learned Subordinate Judge, refusing the plaintiff's prayer for attachm......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. page 256 and 31 D.L.R. page 112 (A.D.) may be referred." Th..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ioners. SR. Pal with S.K. Sinha, Advocates -For opposite party No.1. Civil Revision 1482 of 1979 Judgment Amirul Islam Chowdhury J.— This Rule was directed against the order dated 19-11-79 passed by Mr. H. Hoque, Subordinate Judge, 3rd Court, Dacca in T.S. No. 152 of 1973 a......y Court sub-ordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law apparent on the face of the record in the decision, the High Court Division may make such order in case as it thinks fit. (2) The Distric..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....Amin—For the Opposite party. Civil Revision No.106 of 1984. Judgment A. T. M. Afzal J.- This Rule at the instance of the defendant No.6-petitioner, is directed against the order dated 19.5.84 passed by the learnd Munsif, 3rd Court, Comilla (In charge of 1st Court) in Title suit......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 ..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 ......of 1976 under s.66 (1) Judgment Syed Muhammad Husain J. - This is an application at the instance of the Commissioner of taxes, Chittagong Zone under Section 66 of the Income Tax Act for the decision of this Court on the question whether an amount received on account of the termination of a..Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....C. Panday, Advocate-on-Record-For the Appellant. C.A. 41 of 1980 from C.R. 396 of 1978 Judgment Ruhul Islam J. - This appeal by special leave arises from the judgment of the High Court dated June 10, 1977 in Civil Revision No. 396 of 1974. 2. A short question has been raised in t...... 6. Proviso to sub-section (1) of section 17 of the Small Cause Courts Act is couched in such a language that in the matter of its Interpretation there has been some sharp controversy. In some decisions it has been held that the requirement of making deposit in the Court the amount due from t..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....For the Appellant. B. Hossain, Advocate-on-Record.- For Respondent No. 1 (ka). Ex Parte—Respondent No. 1(kha). Civil Appeal No.25 of 1980. (From the Judgment and Order dated 8-8-79 passed by the High Court Division is S. M. A. No. 28 of 1975). Judgment K...... that the jurisdiction of the executing Court to go behind the decree is now well settled and the locus classicus on this point is the case of Gorachand Haider Vs. Prafulla Kumar Roy, a Full Bench decision of the Calcutta High Court-reported in 29 CW.N. 948, which has been uniformly followed sin..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 ....... The Court of appeal below as well as learned Judge of the High Court both committed an error in law in allocating the onus of proof in the case. 10. In the result the appeal is allowed and the decision of the High Court and that of the Court of appeal below are set aside and that of the trial..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....bhan with Md. Fazlul Karim— For the Respondent. Appeal from original decree No. 5 of 1966. Judgment Md. Altaf Hossain J. - This 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 ......mpediment for the plaintiff to recover the money or, as argued by the learned Advocate for the defendant as to whether the contract was frustrated. The learned Advocate for the defendant has placed a decision reported in 26 D.I.R. (Dacca) 329 (M/S. Begum Mills. Chittagong Vs. Arag Limited. Karachi)...Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....he Appellant. Abdus Sobhan. Addt. Attorney-General, instructed by M R. Khan, Advocate-on-Record—For the Respondent. Civil Appeal No. 23 of 1978 (From the Judgment and order dated 4-3-77 passed by the High Court of Bangladesh in Writ Petition No. 121 of 1973) Judgment ......lready pointed out is incompatible with the provisions of law as understood in its true context. What continued is the state of affairs as an enemy property or firm as it existed on 16.2.69? The decision in the context of the facts was apt; but certain observation as we have stated is misleadin..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....ort for duties immediately. The officer currently holding the aforesaid post should vacate and will work as an officer on Special Duty until further orders."
4. Respondent No.1 by his order dated May 24, 1979 terminated the service of the appellant with effect from the same day "under......rounds of termination.
46. The appellant, being aggrieved by the aforesaid judgment and order of the High Court Division, moved this Court and obtained leave to consider the applicability of the decision to be given by this Court upon a similar question upon which leave had earlier been granted..
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 1978. Judgment Syed Muhammad Husain J. - This rule arising out of an application under Article 102 of the Constitution is directed against a decision of the First Labour Court dated 24.1.78 in complaint Case No.11 of 1977 directing reinstatement of the respondent No. 2 in the......t No. 2. Writ Petition No. 181 of 1978. Judgment Syed Muhammad Husain J. - This rule arising out of an application under Article 102 of the Constitution is directed against a decision of the First Labour Court dated 24.1.78 in complaint Case No.11 of 1977 directing reinstate..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....ed as T. S. No. 56 of 1972 of the Fourth Court of Subordinate Judge, Dacca, and obtained a preliminary decree on contest on 28.2.73. A Pleader Commissioner was appointed by the Court's order dated 18.9.73 to effect partition of the suit properties. By Order No. 77 dated 10.6.75 the learned ...... 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)
....Ruhul Islam J. Fazle Munim J. - I also concur with the judgment of my learned brother Ruhul Islam J. Ruhul Islam J. - This appeal by special leave is directed against the judgment and order dated June 13, 1979 passed by the High Court Division in Writ Petition No- 50 of 1979. The appellant...... 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, Martial Law Orders. (3) Whether the decision of the reviewing authority, namely, the Government of Bangladesh can be called in question ..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
.... 3. Facts of the case in Writ Petition No. 85 of 1974 are that the respondent No. 1 purchased the land from respondent No. 3 with an agreement to recovery of said land. The agreement is date 26-4-63 which stipulated that the land will be reconveyed if the money is repaid within 19 year...... be deemed to have been extinguished and the mortgagor thereafter would on application made either to Civil Court or Revenue Court be restored to possession. The Calcutta High Court in number of decisions held that anomalous mortgage with possession given to the mortgagee, namely, mortgage..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
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