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Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......e respondent having not joined his assignment on transfer, his service was terminated. 3. This order of termination was challenged by the respondent before the High Court Division in an application under Article 102 of the Constitution. The learned Judges of the High Court Division s..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ually being the only member it cannot hold any meeting with the appellant who is an employee and a nominee-shareholder of the Bangladesh Petroleum Corporation. 2. The appellant filed an application under sections 79(3) and 76 of the Companies Act, 1913 for condonation of delay i..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......sp; Ruhul Islam J.- This appeal by special leave is directed against the judgment of the High Court Division in revision affirming the decision of the Subordinate Judge, Dacca, dismissing the application filed by the appellants under Order VII, rule 11 of the Code of Civil Procedure for re..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ...... East Bengal State Acquisition and Tenancy Act, 1950 could be ignored by the Civil Court in a pre-emption case on the ground of irregularity in passing the order. Respondent No. 1 filed an application under Section 96 of the Act, for pre-emption of the transfer effected by his co-sharer ..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......A of the Bengal Tenancy Act runs thus:— "88A. (1) Notwithstanding anything contained in section 88, where the Provincial Government is the sole landlord, the Revenue Officer, on application made to him by one or more co-sharer tenants for the division of a holding and for dis&s..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......der Section 42 of the Specific Relief Act. It also rejected the petition for amendment of the plaint. The plaintiff’ filed his second appeal which was admitted for hearing and then he Bled an application for injunction for restraining the respondent 1 for making demand and restraining ..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......consequently, because, on general principles a person cannot be allowed to reap double benefit. This decision in the case of Pakistan vs. A. B. Isaac (1970) 22 D.L.R (SC) 371 has no manner of application because in the facts and circumstances of the present case no such foundation was laid ..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......plaintiff died on 16.8.71 during the pendency of the suit without making any Will and without appointing any successor. Thereafter on 22.9.71 the respondent Madan Miah Chowdhury filed an application under Order 22, rule 10(1) of the Code of Civil Procedure before the Munsif, 2nd Court,..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......p; Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the period of limitation under Article 182 of the Limitation Act for filing an application for execution of a decree runs from the date when the final decree was passed or from t..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....al by issuance of notice of demand under section 29 read with section 45 has become a debt due to the Government under section 46 of the Income-tax Act. The assessee had made part-payment only. Since fresh notice of demand was issued to pay and the assessee failed to do so he will be deemed to be ......t No.1. on 31.1.1974 in respect of the declaration of excess income on the grounds that an Administrative Review Application before the Central Board of Revenue was filed bat the result of the said application was not communicated, and that the demand on the assessment under ins said regulation it..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......d sold under a kabala dated 18-6-70 alleging that he was a co-sharer of the land but was not given any notice of the transfer to a stranger. The transferee, Who is the appellant here, contested the application contending, among, other things that the application suffered from defect of parties i..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ...... was subsequently killed during the War of Liberation in 1971. She further claimed to be in possession of the property under the Will. During the pendency of the proceeding the respondents filed an application on April 4, 1976 under Order 1 rule 10, Civil Procedure Code to be added as a party in t..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ...... conditions of his service which are continued by paragraph 10 of the Fourth Schedule of the Constitution. 19. After hearing the appellant and the respondents who contested the appellant's Writ application, a Bench of the High Court Division set aside the impugned order after declaring it as b..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
.... 1968 he ceased to be an employee of this company as it terminated his service by a notice dated June 22, 1971 with effect from the date just mentioned. 4. After the emergence of Bangladesh he was freshly appointed as Administrative Manager in the Enterprise which was planed under the Corporati...... company changed from that of an ordinary limited company to that of a public enterprise which is owned by the government and controlled by the corporation. 8. The respondent's case was that the application under Article 102 of the Constitution was not maintainable in view of the fact that the ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......d to a person before being condemned applies not only to judicial or quasi judicial proceedings but also to administrative proceedings provided the relevant statute does not exclude its application end requires the administrative authority concerned to base its decision on an objectiv..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ...... who died on 21st January, 1966. In between came the Indo Pakistan War in 1965 and the properties of persons residing in India were declared as enemy property. The plaintiff in 1968 filed an application for Letter of Administration and the moot question railed on behalf of the Enemy Proper..Category: Property Law | Date: | Hits: 39
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......nse service or of any disciplined force, no remedy against the decision of such court or tribunal is available by invoking writ jurisdiction. So the High Court Division is incompetent to entertain an application under Article 102 of the Constitution against the Screening Board dealing with the respo..Category: Employment/Service Law | Date: | Hits: 102
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....nal. A Division Bench on examining the different provisions of the President's Order No. 13 of 1972 held that judgment of the Tribunal directing rehearing of the case by the Arbitration Court afresh suffers from clear want of jurisdiction and was made without lawful authority and of no lega...... 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 Order No. 13 of 1972 with Boxirhat Union Arbitrati..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) 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: 33 DLR (AD) 131. ......aha ……………………….Respondent Judgment July 15, 1980. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ..Category: Procedural Law | Date: | Hits: 147
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ade the purchase in the benami of her minor sons, and, as such, the sale cannot be made subject-matter of pre-emption. Their further case is that the original holding was never auction-sold nor any fresh settlement was taken by the original tenants and no fresh or separate holding was created in ......her the same has been correctly applied to the facts and circumstances of this case. 3. Facts relevant for disposal of the appeal are that the pre-emptor respondent No. 1 filed an application claiming to be a co-sharer in the holding and prayed for preemption of the transf..Category: Property Law | Date: | Hits: 73
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