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Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......n and that it was taken over by the Government Illegally and without any lawful authority whereat the Government tried to make out a case in their affidavit in opposition that the land was resumed in terms of the lease for the failure of the petitioners to fulfill their part of the obligation as a l...... Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judgment January 13, 1982 ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....r of the President of Bangladesh with the authentication of the Secretary, Establishment Division in the Cabinet Secretariat of the Government of Bangladesh and it Was published in Bangladesh Gazette extraordinary on 24th December, 1979. Rule 2 of the aforesaid Rules says that these Rules shall have......jibnagar, Rule 4 says that a freedom fighter shall be given two years antedated seniority in the post held by him, or in the service he belonged to, on 25th March, 1971 with all attendant benefits in terms of promotion and fixation of pay; Rule 4 has been followed by two examples, first example wher......nts Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ......he person who had obtained such a right to get a reconveyance of the land and also against the person who had undertaken to reconvey the same his successor-in-interest would also be bound by the said terms unless he is a bonafide purchaser for valuable consideration without notice of the agreement. ...... Vs. Kudrat Ali Miah & ors.........................Death-Respondents Judgment December 7, 1981. Result: The appeal is allowed. Cases Referred To- Tazal Hoque and others Vs. Affan and others, 17 D.L.R. Dacca at page 613; Jalil Ahmed Vs. Raish Mia, 20 D...Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ...... Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. Act--Direction is such suit is regulated by law--The discretion is not wide enough to vary the terms of a contract without assigning good reasons for the variation. Specific performance-Vari......-It was incumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ......t contained schedule of land to be sold and recital of payment of Tk. 2.000/- and the signatures of defendant 1 and 3 and the signatures of 4 witnesses. Since the defendants, have not fulfilled the terms of contract, namely, the execution of the kabala and its registration by 17th January 1961,...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Archana Proshad Nandi.....................Appellant Vs. Miss Chilia Randolph and others................Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......g, the Executive Government of the Dominion to obtain by direct request, answers from the Supreme Court of Canada on questions both of Law and fact; and nearly all the province passed Acts in similar terms requiring their own Courts to answer questions put by the provincial Governments. It was held ......Vs. Bangladesh & Others………………………….Respondent And Mrs. Mamata Ahmed on Behalf of Capt. A. Z. Ghyasuddin Ahmed and Ors……..Appellants Vs. Bangladesh & Others……&hell..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......cquire the property under section 5(7) the Government shall examine the allotment list of the respondent society and shall be satisfied that the respondent society has made the allotment in terms of clause 5 of the Agreement Even after such satisfaction the Government may decide that it sh......afa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
..... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
......damage or injure to the goods and property of the employer then it cannot be said that this single act of neglect would not amount to a misconduct under Employment of Labour (Standing Orders) Act. In terms of the conditions of the survey certificate issued by the Marine Department of the Government ......t, Dacca & another…….Respondents (In Writ Petition Nos.6-8 of 1980).
Md. Abdullah.............................Petitioner
Vs.
Chairman, Second Labour Court, Dacca and other………Respondents (In Writ Petition No.285 of 1980).
Judgment
A..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
....Co., Lahore PLD 1958 SC 437 It was observed as follows:
“In a petition for a writ the first question that court has to consider is whether the petitioner has the locus standi to invoke the extraordinary jurisdiction of the court and I consider it to be a basic principle that a person seek......y him in the exercise or purported exercise of the functions of his office, but this clause shall not prejudice the right of any person to take proceedings against the Government.
(2) During his terms of office no criminal proceedings whatsoever shall be instituted or continued against a Presid...... by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On the..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......p of a private limited company and the winding up Order of the company made by a learned Single Judge, as upheld in Appeal, as it was proved that the two directors of the company were not on speaking terms, that the so called meetings of the Board of Directors have been almost a farce or comedy, and......ormula of the principle of 'just or equitable' clause— Whether or not there are equitable considerations for the application of the Principle must necessarily depend upon the facts and circumstances of each case and the judicial discretion of the court. The allegation made by resp..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ...... to reconvey the land. 2. The defendant's case is that the plaintiff was to pay back the consideration within 30th Bhadra 1374 B. S.; that the plaintiff was entrusted with the writing of the terms of the agreement and he got the date of reconveyance inserted as 30th Kartick instead of 30th ......others.......Respondents Judgment June 30, 1981. Result: The Appeal is dismissed In ascertaining the Period of Time the General Expression is to be Ignored when the Beginning and the End of the Questioned Period of Time is clearly Specified and Dated— The relevant..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ......nce of the contract of purchase and supply entered into between the plaintiff and defendant No.2 and this is to be read with the principal contract itself. The learned Advocate submits that under the terms of the contract Ext.2, if the contractor failed to deliver the stores or any consignment there...... Ranadhir Sen J Md. Altaf Hossain J Pubali Bank…………………….. Appellant Vs. Bangladesh Agricultural Development Corporation and another………Respondents Judgment June 30, 1981 Result: Th..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......the Banking Companies Ordinance, transfer of the appeal is prohibited under sub-section (5) of this section Mr. M.H. Khondaker has also referred to sub-sections (3) and (4) of section 62 in terms of which this proceeding if it was pending in the trial court was to be disposed of by that co......is also Reported in: 1 BLD (AD) (1981) 421 ..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
....er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
......General Manager dated 20.12.80 signed by him informing all concerned about the disappearance of the detained trawler BT-102 which was addressed to the Commodore Commanding. Chittagon in the following terms:
"With reference to the above, this is to inform here that the detained Thai Trawler......;
..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......d without any prejudice to the freedom of the teacher or officer to hold any political views........” Art 38(2) of the schedule, the first statutes of the University provide that "the terms of the contract shall be determined without prejudice to the right of the employee concerned t......of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first part deals with collaboration, the second part deals with the of ideology of Pakistan and the third part deals with the support of the elements inimical to the liberation struggle or cre..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......ve his case represented in view of the engagement of the learned Advocate engaged by him, the interest of justice demands that the petitioner should be given a chance for the rehearing of the case on terms or else the petitioner would suffer irreparable loss for no fault of his only in engaging a Se......or the Petitioner. Abdur Rab-II—For the Opposite Party. Civil Revision No. 325 of 1981. Judgment Abdul Wadud Chowdhury J. — This rule is directed against the judgment and order passed by the learned Additional District Judge, 4th Court, Dacca dated 20.12.79 in Misc. ..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......alcutta Municipal Act of 1923 was promulgated, Chapter V dealt with municipal taxation and section 123 empowers the Commissioners to impose tax, rates, tolls and fees Sections 123 is in the following terms :- "123. (1) The Commissioners may, from time to time at a meeting convened expre......Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dacca Municipal Corporation………………….Appellant Vs Sonali Bank and Ors…………………………….Resp..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......1. Since the appellant falls within the definition of "registered trade organization" provided in the Ordinance and about which no controversy has been raised, the appellant is bound by the terms of its Section as quoted above. 12. Considering the scope of clause 3(36) of the appellan......Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memorandum of association--Government has the power to direct a registered trade organisation to alter or..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ......as to how he got the appointment letter without being selected. The Collector concluded that it was clearly by mistake that the appointment letter had been sent to him. In this view of the matter, in terms of paragraph 3(1) of the appointment letter his service was terminated. Incidentally, in the a......y;dent was never selected by the Selection Board, but somehow by mistake the appointment letter was issued. In the absence of selection by the Board the appointment was invalid. Between the interview and the date when he got the appointment letter there is hardly anything to show that he was se..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
.... before the Director of Taxation against the Order of the Deputy Director, and as such there being adequate remedies provided in the statute itself, the petitioner should not be allowed to invoke the extraordinary jurisdiction under Article 102 of the Constitution, without preferring appea......age 389, has stated the principle of construction as follows:- “Before giving such a construction to an Act of Parliament one would require that it should either appear very clearly in the terms of the Act or arise by a necessary and distinct interpretation, and perhaps no Rule of constru......ult: The appeal is dismissed Urban Immovable Property Tax Rules, 1957, Rule 10 Rule 10 gives power to amend or alter the valuation only in cases where assessment is yet to be completed and tax is payable. It does not give power to re-open a closed assessment………&he..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
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