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Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....taking further evidence in the matter. 2. The facts, in short, necessary for proper appreciation of the contention under consideration may be stated thus: Respondents 1 and 2 challenged legality of the order of the Tribunal and filed an application under Article 7(5) of the President'......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ..Category: Constitutional Law | Date: | Hits: 153
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
.... non-suited the plaintiff on the ground that his claim to the land on the basis of the Kabala Ext. 3 e), and the power of attorney Ext. 4 on the basis of which the Kabala was granted, did not confer legal title to the plaintiff. The first appellate Court reversed the finding of the trial Court but......edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....sted by Respondent, Joint Secretary, Ministry of Land Administration and Land Revenue, setting aside the order of his predecessor-in-office, have been made without any lawful authority and are of no legal effect, and for a direction to the Respondent lo cancel and withdraw the notice of 21st July, ......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 160
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....o. 38 of 1969 dated August 28, 1974 reversing that of the Subordinate Judge and dismissing the suit for cancellation of sale-deed dated February 7, 1964 on declaration that it is fraudulent, illegal and void. 3. Plaintiff's case in short is that the plaintiff-appellants are members o......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Govt. of BanglaÂdesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....tive tribunal wherein the presence of the claimant for reward is essential to comply with the rules of principle of natural justice and to afford him an opportunity to establish his claim upon legal evidence." According to the learned Judges, "Without such proceeding any determina......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....uld concentrate here more on the question of power of ParliaÂment to validate a law foiled or declared incompetent by a Court of law. Parliament has the power to validate a law declared by a Court illegal by removing the cause of illegality or infirmity. The basic condition of validation is that Pa...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....ry for disposal of the appeal are that the appellants filed the above noted writ petition before the High Court Division under Article 102 of the Constitution of Bangladesh calling in question the legality of the order of conviction passed by the Appellate Tribunal on setting aside the order of ......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
.... arises from the judgment of the High Court Division in Writ Petition No. 180 of 1978 declaring the order removing the respondents from service under the President's Order No. 9 of 1972, as illegal and without any lawful authority. Facts in short relevant for disposal of the appea......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......came to the suit premises in June 1974 as a visitor, he was in the service of the respondent from the year 1972 to 1,973 Moreover, even if he be not looked upon as a member of the respondent's family status being definitely higher than that of a servant in the family being the wife's brother and als..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....free will carried out." The same view was again reiterated by the Judicial Committee in the case of Hem Chandra V. Suradhani Debya, AIR 1940 P.C. 134. 7. For the legal position of the question of burden of proof there are innumerable decisions of the super......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..Category: Property Law | Date: | Hits: 57
....t of the appellant University filed O. C. Suit No 185 of 1968 in the First Court of Munsiff Sadar, Mymensingh, for a declaration that the order of his dismissal from service on October 30, 1968 was illegal, void and without jurisdiction. It was stated by him that he was employed as an Overseer on Ju......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....onsÂtruction and repair work done in the Dak-Bungalow of the Rabiya Kabir Kalyan Trust and similar work done in his paternal home at Doshpara at the expense of the GovernÂment through corrupt and Illegal means and by abuse of his official position and thereby pecuniary advantage of Tk. 4,58,631/-.......w Court and the order of Government on review are set aside, The orders of convicÂtion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... Justice. Ruhul Islam J.— These four appeals by special leave arise from different judgments of the High Court Division in writ petitions filed by the respondents separately calling in question legality of the orders impugned thereÂin. Respondents being members of the Police Service holding t...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or comÂpulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil ComÂpany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....unim J.—This arises out of the judgment passed in Writ Petition No. 672 of 1978 on July 18, 1980. 2. The petitioner which is Company incorporated under the Companies Act challenged the legality of the order of the Labour Court, Chittagong directing it to give termination benefits to......ry of workers." 3. Mr. Asrarul Hossain, Counsel for the appellant company, made strenuous efforts to show that the views taken by the Labour Court and the High Court Division on the status of respondent No. 1 namely, whether he is a worker or a member of the management staff of t..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....ard authority and the Government authority and the Court has very little to do with these things, unless they became relevant to decide the public purpose. But to declare the requisition order as illegal and to have been passed without legal authority amounts to a complete denial of the realities...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 65
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....litary law, and that he was wrongfully held in custody. The writ issued and on the return, it was submitted that the arrest and subsequent detention of the applicant by the military authorities was illegal, because he was arrested in Belgium contrary to Belgium law, and his arrest was not in complia......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......doubt maritime claims but all maritime claims are not maritime liens. Only certain types of maritime claims give rise to the liens. It is well settled that the parties cannot by agreement confer lien status on a claim which is not by nature a lien. An action in rem is brought against the vessel wher..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....es and shops, etc, within the area of the hat and bazar and also to fix up the rent. You are, requested to hand over the formal possession to the Tdr. concerned by 25-7-69 failing which legal action will be taken by the Govt." 3. This affected the prop......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 61
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....n Ahmed J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant-app......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....xpiry of 60 days if no decision is taken by the second parties within 60 days the First Party is entitled to get full salary. That the Second Parties have kept the First Party under suspension most illegally and without any lawful authority." 5. He further prayed for a direction on the Second Pa......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ..Category: Labour and Industrial Law | Date: | Hits: 108
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