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Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....the relationship between the government and civil servants. In describing what is the relationship, Ramaswami J. stated as follows: "It is true that the origin of Government ser­vice is contractual. There is an offer and acceptance in every case." But once appoint­ed to his po...... observed as follows: "It is not usual in measures of this nature to find a carte blanche given to executive authority. In the case-law cited before us, almost all the systems codifying the rights and obligations between the State and its; servants invariably contain the controlling consid..

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6

Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)

....preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131   ......fter the decree of the first Court was modified by the appellate Court and nothing has happened since then to suspend or stay or to be more precise, to revive or give a fresh start to the exercise of rights." 17. This view of the High Court however did not find favour with the judicial Com..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2

Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)

....ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86.   ......shy;ee of Bangladesh Chemical Industries Cor­poration set up under the authority of P.O. No. 27 of 1972 is an employee under the State to be called a State employee as such. 7. So far as the rights and obligations of the employees in the service of the republic is concer­ned, they being..

Category: Constitutional Law, Corporate Law | Date: 21 Nov, 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     ......t of defendant No. 1. We do not intend to express our opinion in this behalf. In the exercise of revisional jurisdiction we are 'not called upon to express our opinion as to the beneficiary's rights under the two let­ters of credit mentioned earlier. The contention of Mr. Pal that a lett..

Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1

Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)

...., page 724: “F.O.B. Contracts Passing of risk and property... "F.O.B." or "free on board" means on board a ship to be named by the buyer, and the seller's contractual duty is there and then to the property in the goods sold to the buyer. Whether or not th......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.   ..

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   ...... Government acquired by the aforesaid laws all the right of management, control and disposal of the property by transfer or otherwise. Upon a true construction of the laws aforesaid, we get, that all rights in such property vest in the Government of Bangladesh and the title of the owner of the prope..

Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109

Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, 1980, 9 CLC (AD)

....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 ......rdinance XVI of 1974), Section 11 of this Act conferred power upon the Government to make rules for carrying out the purposes of this Act. Section 8 of this Act which provided for the exercise of the rights and powers of the Government by the Corporation has subsequently been amended by Ordinance LI..

Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7

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   ......rders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforce­ment of any of the fundamental rights conferred by Part III of the Constitution, but this power could be exercised in relation to o..

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 ......nterests in land and to define the law relat­ing to tenances to be held under the State after such acquisition and other matters connected therewith." Part-V of the Act mainly deals with the rights and obligations of agricultural tenants which was so long controlled and regulated under the ..

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 ......ourt in the case of Syed Abul Karim Vs. Harendra Chandra Dhupi, 14 DLR 847 which contains the following observation: "In the case of pre-emption because of the special provision of the Act, rights of the par­ties cannot be determined without con­sidering the right of others. The pr..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4

Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)

....fence Purchase to supply 300 tons of "Dal-Chana". The petitioners could not supply the said Dal-chana to the Directorate General of Defence Purchase and consequently could not fulfill their contractual obligation. As a result, the Directorate General of Defence Purchase can­celled the ......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     ..

Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

.... 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     ......tement contending, inter-alia, that the application under Section 34 of the Industrial Relations Ordinance, 1969, hereinafter referred to as "the I.R.O.", was not maintainable; and that the rights guaranteed under clause (a) (b) (c) and (d) of subsection (1) of Section 18 of the Employment..

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3

Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)

....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         ......ansfer of an interest in immovable property. Ownership of physical property consists of a number of right and the owner of such property when he creates a lease, transfers to the lessee a part of the rights of ownership, i.e., the rights of enjoyment of the property, for a period, for consideration...

Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1

Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)

....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 ......ion No.P/25/4/50 Ests. dated November 8, 1960, which was published in the Official Gazette as a Centralised Service on all Pakistan basis called the Civil Service of Pakistan and the petitioners' rights and privil­eges for career advancement were protected in terms of the CSP (Composition an..

Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1

Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)

....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. ......cific performance of contract, the transferee after the decree does not ac­quire an interest in the land. He can lawfully maintain and protect his possession and in­terest in the property. The rights of the parties acquired under the decree are the same and they are in joint possession. What ..

Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236

Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

....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   ......the names of his brothers mutated in the Municipality, Dacca Electricity and WASA, and paid rent, taxes and other charges. He has also his name and the names of his brothers recorded in the record of rights and paid rent. While the petitioner and his four brothers have thus been possessing the holdi..

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

....for in terms of his appointment. It has been held there that any and every termination of service is not a dismissal or removal from service. A termination of service brought about by the exercise of contractual right is not purely dismissal or removal. Likewise, the termination of service by compul......d order. In the result the rule is discharged without any order as to costs. Rafiqur Rahman J. — I agree, Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 332   ..

Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1

Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)

....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......eld accordingly, and the successful bidder paid the requisite premium duly and he submitted his duly executed lease deed and possession of the fishery was delivered to him, undoubtedly, some valuable rights of the successful bidder accrued in the fishery. It is true that until lease deed gets approv..

Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1

Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)

....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.     ...... nature of a suit The right, title and interest of the transferee vests in the petitioner, if he is successful and as such the order passed in a preemption proceeding con­clusively determines the rights of the parties with regard to the land in dispute and as such this is an original proceeding ..

Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1

Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)

....ry duties con­ferred upon the public functionaries. In the result, therefore, this petition is dis­missed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103   ......tain­able and accordingly discharged the Rule. 3. Mr. S.R.  Pal, the learned Counsel appearing for the petitioner canvassed that these rules read along with the Memorandums have created rights and liabilities and the rules have been incorporate in the Government Estate   Manu..

Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2