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Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)
....he defendants 10-17 will be struck of the decree. The order of the learned Munsif for restoration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ....... Defendant Nos.1-9 entered appearance but later on compromised the suit with the plaintiff. The suit was decreed on compromise against the defendants 1-9 and ex parte against defendants 10-17 by order dated 5.7.71. Thereafter, defendants Nos.1 to 3 filed an application before the learned Munsif......is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ......83) 86. ..Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29
Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)
....Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60 ...... 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, Zakiga......nce is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60 ...... High Court Division (Criminal Reference) Present: A.S. Faizul Islam Chowdhury J Abdus salam………………………….Petitioner Vs. Musabbir Ali & others…………opposite parties Ju..Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......idence. The person seeking to prove may take recourse to the relevant provisions of the law to discharge this onus of proof. 19. In this view of the matter, we allow the appeal and set aside the orders of the High Court Division and that of the Court of appeal below and remit the case back to t......make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......) Whether Power of attorney executed and authenticated by a Magistrate or Notary Public in a foreign country could be acted upon as a valid document in Bangladesh If a notarial act is done in foreign country by a foreign notary and there is reciprocal arrangement between Banglade..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... compensation. 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) 56 ......t the petitioner has not examined his son for 'obvious reasons." We cannot but come to the conclusion that the petitioner has withheld his son whom he could easily bring as a witness in order to corroborate his assertion that he came to acquire knowledges of the transfer from Dr. ...... BLD (HCD) (1981) 56 ......gh Court Division (Civil Revisional Jurisdiction) Present: Abdul Wadud Chowdhury J Md. Altaf Hossain J Mosammat Nurunnahar Begum & another ………..Petitioners Vs. Abdul Jabbar Mondal & others ……………&hellip..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ......ith Abdul 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 attach......ellip;. Opposite parties Judgment August 6, 1980. Result: The application is rejected. Case Referred to- Paia & Co. S.P.A. Vs. Thurmann Neilson, (1952)2 QB 84; Unimarine S.A. Panama through Local Agent Bengal Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md......ivision (Civil Revisional Jurisdiction) Present: Amirul Islam Chowdhury J Ranadhir Sen J Messrs Ahmed & Sons………………….Petitioner Vs. Messrs Eastern Technique & others…………. Opposite p..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ...... Petitioners. 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 ......etitioner Vs. Md. Abdur Rashid………………………. Opposite Party Judgment August 6, 1980. Result: The rule is accordingly discharged. Case Referred to- Durgaprasad & another Vs. Deepchand & others, ......ision (Civil Revisional Jurisdiction) Present: Amirul Islam Chowdhury J Ranadhir Sen J Nurul Islam & others…………………..Petitioner Vs. Md. Abdur Rashid……………………&..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....ee: (a) declaring that the plaintiff is the legally elected Chairman of No.1, Bangora West Union Parishad on the basis of the Chairman election held on 15.1.84 and the defendant No.1 is bound to publish the result in the official Gazette; (b) restraining the defendats permanently fro......Ruhul 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 Titl...... Md. Serajul Islam & others…………Opposite party Judgment August 1, 1980. Result: The Rule is made absolute Lawyers Involved: Md. Amir Hossain—For the Petitioner. Md. Ruhul Amin—For the Opposite party. Civil Revision N......R (1984) (HCD) 267 ..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ......shy;cation, not mandatory—Application to set aside the decree along with another application seeking Court's direction may be filed within the period of limitation—Court may pass order beyond the period of limitation giving direction—Compliance with the Court's di......n 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ......on is filed along with the application for setting aside the ex parte decree and the Court passes necessary orders on the application directing the applicant either to deposit the decretal money or furnish security bond, and the applicant complies with the direction within the time gi..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
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: ...... decree to see whether the extension of time granted to deposit the balance consideration money for the passing of a decree for specific performance of contract where there was an earlier default order was without jurisdiction. 2. The matter arises out of a suit for specific performance o......rst appellate Court but make no order as to costs. Ed. This Case is also Reported in: ......rned Single Judge of the High Court Division correctly held that the executing Court can go behind the decree to see whether the extension of time granted to deposit the balance consideration money for the passing of a decree for specific performance of contract where there was an earlier ..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 ......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 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) (1......ill be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......discharged, and so the presumption drawn by the trial Court that the property acquired by Rajani in his name is to be presumed to have been acquired by or for the joint family cannot be said to be erroneous, since the contrary has not been shown by the plaintiff. The onus having shifted on to the pl..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. ...... the defendant. 3. The defendant denied the contract altogether. They contended that Abul Hossain was the proprietor of defendant-firm and his son Zakir Hossain who is alleged to have placed the orders for the defendant firm had no authority to do so. Neither Choudhury Babu who is alleged to ha...... in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ......inal 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 of his Court whereby he decreed the suit for the amount claimed in the suit..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 ......;For the 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) Jud...... dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ......y and the Proclamation of Independence and the Laws Continuance Enforcement Order of 10-4-1971. 4. The appellant challenged the impugned orders of the Respondent mainly on two grounds: one is that the orders of the Respondents dated 20-9-65 and 27-10-65 were not made in accordanc..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....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
......9 and 65 of 1980 involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals.
2. Civil Appeal No.169 of 1979 arises from the judgment and order of a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 19, 1979......ion is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
......eration struggle of Bangladesh Mr. Musherrof Hossain Chowdhury, Ex-Internal Auditor of Titas Gas Transmission and Distribution Company Ltd. and the Chief Accountant of Zonal Council; South East Zone, Govt. of the People's Republic of Bangladesh is hereby appointed as the Administrative Mana..
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 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 ...... 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 Employment of Labour (Standing orders) Act. Labour Court arrogated to itself the power of appellate authority against Enquiry ......ade 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 ......urt High Court Division (Special Original Jurisdiction) Present: Syed Muhammad Husain J Sultan Hossain Khan J Manager Zeal Bangla Sugar Mills. Ltd..................Petitioner Vs. Chairman, First Labour Court and another...........Respondents Judgment ..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
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. ......lae. It will be plainly an act of injustice if for errors of the Court the entire work of the pleader commissioner is nullified, more so when in allocating sahams he has not gone beyond the order portion of the judgment. The pleader commissioner's report cannot be set aside on the......mp; others……………Respondents Judgment April 28, 1980 Result: The Petition is dismissed for non-prosecution. Partition suit Formal defect in preliminary decree does not nullify the work of Pleader Commissoner-Defect in preliminary de......ment April 28, 1980 Result: The Petition is dismissed for non-prosecution. Partition suit Formal defect in preliminary decree does not nullify the work of Pleader Commissoner-Defect in preliminary decree can be corrected ex debito justitlae. It will be plainly an a..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 ......other 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 app...... ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ...... Vs. Zia-ur-Rahman, PLD 1973 SC 49; Federation of Pakistan Vs. Saeed Ahmed, PLD 1974 SC 657; AnisminicLtd. Vs. Foreign Compensation Commission, (1969) 1 All E. R. 208; Patterson Vs. District. Commissioner of Accra, (1948) AC 341 Franklin Vs. Minister of Town and Country Planning, (1948) AC 87; Padfi..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 ......espondent No. 2 for restoration of possession of the said land. This petition was allowed on 30-3-73 and thereafter the respondent No. 1 filed the Writ petition urging, inter alia, that the said order is without lawful authority inasmuch as section 95 A of the aforesaid Act does not cover ......or disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......cle 102 of the Constitution making the said Rules absolute. These are certificated appeals under Article 103 (2) (a) of the Constitution. 2. Facts of all the appeals need not be recounted except one as the matters were proceeded on one common ground of validity of some laws which will be m..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 ......ppear from a perusal of the provisions of section 96 that it was the intent of the legislature that the penalty for non-impleading a person as contemplated in sub-section (2) is the invalidity of the order which may ultimately be made in the said proceeding. The question whether a person is a necess......d order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......ent of the learned Single Judge it appears that he agreed with the finding of the lower Appellate Court that some co-sharers by inheritance in the holding were omitted from the proceeding, but he condoned this defect on the ground that the requirement with regard to the making of parties in a pre&sh..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 ......urchase to all to 44 authorities named therein and this was followed by the black-listing of the petitioners by the Directorate General of Defence Purchase. The aforesaid impugned notice and the order for black-listing of the petitioners have been marked as Annexures 'P'and 'Q' ......of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78 ......ivision (Special Original Jurisdiction) Present: Syed Muhammad Hussain J Sultan Hossain Khan J Lt. Col. (retd) M.A. Mannan & others…………..Petitioners Vs. Bangladesh……………………&helli..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. ......laneous Appeal No.15 of 1977 reversing that of the learned Munsif, 1st Court, Pirojpur in Miscellaneous Case No.7 of 1973 dated 30.11.76. 2. In this application the petitioner has challenged the order of the learned Subordinate Judge allowing the application for pre-emption filed under sub-sect......and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfun Naher Vs. Syeda Hashmat Ara, 21 DLR 633 DLR 633; 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 (......vil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Abdul Majid Akon…………………………………Petitioner Vs. Satya Bhoma Nath & others...................Opposite Parties Judgment ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
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