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Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
.... 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 ......................................Appellant Vs. Ramesh Chandra Dutta and others...................Respondents Judgment June 30, 1980. Result: Appeal is allowed Hindu Law - Initial Burden Of Proof of Joint Family Property is on One Who Asserts It— Burden s..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
.... 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 ......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. ......roperty should be construed to pass on shipment subject to unpaid seller's lien……..(8) Case Referred To- M/S Begum Mills, Chittagong Vs. Arag Ltd, Karachi, 26 DLR 329 Lawyers Involved: Abu Taher Chowdhury—For the Appellant. Ahmed Sobhan with Md. Fazlu..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
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 ....... 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 ......pondents Judgment June 18, 1980. Result: The appeal is dismissed Case Referred To- Bangladesh Enemy Property Management Board Vs. Md. Abdul Majid DLR (AD) 52, Lawyers Involved: R. Pal, Sr. Advocate, with S. C. Das, Advocate, instructed by Aminul Huq, Adv..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....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
......ellip;.Appellant
Vs.
Eastern Refinery Ltd. & Others…………….Respondents
Judgment
June 12, 1980.
Result:
The appeal is dismissed.
Lawyers Involved:
Rafique-ul-Huq, Senior Advocate, instructed by A. Backkar, Advocate-on-R..
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)
....edure of such enquiry. Labour Court can only interfere with the finding of Enquiry Officer/Enquiry Committee if it is found that the enquiry was held unfirly with bad faith without complying with the principles of rules of natural justice and without following the procedure laid down in section 18(1......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 ......e into account the extenuating circumstances that he was the first offender during his service for over 10 years--That being so the dilinquent respondent shall be deemed to have been discharged. Lawyers Involved: Khalilur Rahman—For the petitioner. Aminul Huq—For Responden..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....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. ......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 Appellant. M. Golam Rab..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... 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...... the Constitution vis-a-vis the power of the Chief Martial Law Administrator according to the learned judge the decision in Dosso's case is not based upon correct enunciation of the principles of International Law attributed to Hans Kelsen's theory. They have commented that the doctrine enun......n. PLD 1963 SC 401; Muhammad Ayub Khuhro Vs. Pakistan, PLD 1960 SC 237; Mohammad Afzal Vs. Commissioner, Lahore Division. PLD 1963 SC 401; Zafrul Ahsan Vs. Republic of Pakistan, PLD 1960 SC 113. Lawyers Involved: M. H. Khondker, Sr. Advocate, with Khondker Mahbub Hossain, instructed by Ami..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....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......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 ...... Result: All the appeals are allowed. Case Referred to- Ram Kinkar Vs. Satya Charan, 66IA 50; Macbeth Vs. Chistell, (1910) AC 220; Grev Vs. Pearson, (1857) 6 H.L Case 61. Lawyers Involved: K.A. Bakr, Attorney General, with Abdul Wadud Bhuiyan, Assistant Attorney Gen..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....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 ......rchase under this section…….(25, 16 & 19) Case Referred to- Motilal Sikder Vs. Benodini Dasi, 28 DLR (AD) 5; Syed Abdul Karint Vs. Harandra Chandra Dhupi, 14 DLR 847. Lawyers Involved: Akram Hossain Amin, Advocate-on-Record- For the Appellants Abdul Hamid, ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....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 ......te. Case Referred to- Abdul Hadi, Managing Partner, Hadi Brothers Vs. EPWAPDA, W.P. No 448 of 1968 (un-reported); Joseph Vilangandoa Vs. Executive Engineer (PWD), AIR 1978 SC 930. Lawyers Involved: Syed Ishtiaq Ahmed with Habibul Islam Bhuiya, Advocates-For the Petitioners ..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
.... 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. ......33; Abdul Haque Miah and others Vs. Abdul Rashid & others, 35 DLR 54 (AD); Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 37 DLR 330 (AD); 37 DLR 220 (AD). Lawyers Involved: Abdul Quayum—For the Petitioner. P.C. Guha—For the Opposite ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
.... 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......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. ......desh & 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 Abdul Wadud and Asaduzzaman, Advocates-For the petitioner ..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 ......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 ......ee could not establish by leading evidence that he had (non notified co sharer) knowledge about the transfer, there is no scope for raising the question of waiver of the right……(8) Lawyers Involved: Abdus Salam, Sr. Advocate, instruction by B.C. Panday, Advocate-on-Record-For..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....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...... 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 ......LR (SC) 280; Rats vs. National Arbitration Tribunal, (1948) 1 KB 424; A Roberio vs. Labour Appellate Tribunal, 27 DLR 98; MS Nabisco Biscuit and Bread Factoty, W.P. No. 397 of 1974 (unreported), Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Altaf Hossain and A. W. Bhuiyan, Ad..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....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......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 ......rden Estates Ltd. and another Vs. Crabbe & others, (1957) 3 All E.R. 563; Facchini Vs. Bryson (1952) 1 T.L.R. at P. 1389; Finbow Vs. Ajr Ministry, in (1963) 2 All E.R. 647 AIR 1965 (SC) 610. Lawyers Involved: M. Hafizullah with Mahbubey Alam-For appellant (In S.A. 27 of 1966)..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)
....et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ......et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ...... Vs Shamsuddin Ahmed & others…………………Opposite parties Judgment November 30, 1979. Result: The rule is made absolute. Lawyers Involved: A.N.M. Ruhul Amin—For the Petitioner. Syed Badrul Amio—For ..Category: Family Law | Date: 30 Nov, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....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......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 ...... The Rules are accordingly disposed of. Case Referred to- General Manager, Southern Railway Vs. Rangachari, AIR 1962 (SC) 36 ; Nagnooor v: State of Mysore, AIR 1964 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Province of East Pakistan, PLD 1971 SC 82. Law..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 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.
......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.
.......
Chairman, Rajshaht Labour Court & another.....................Respondents (In both the appeals)
Judgment
September 3, 1979.
Result:
The appeals are dismissed.
Lawyers Involved:
Asrarul Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Recor..
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. ......registered document shall not apply to gifts of immovable property by a Muslim. A valid gift of immovable property with building and structures inter vivos can be made under the Muslim Law by oral gift. According to Mslim Law an oral gift is complete as soon as the declaration of..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....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......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. ......Chandra Das vs. Rajani Kanta Pal, A.I.R 1918 Cal 923; Musammat Sundar vs. Musammat Parbati 16 IA 187; Joydeb Agarwala vs. Baitulmal Karkhana Ltd., (1964) 16 DLR (SC) 706; PLD. (1965) S.C 37. Lawyers Involved: S. R. Pal, Senior Advocate, with Habibur Rahman, Advocate, instructed by S...Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
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