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Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....to how the government could re-enter and take possession without the intervention of the court. Viewed from any stand point, it must be held that the impugned action of the government was illegal and without jurisdiction. It necessarily follows that the petitioners' inalienable right t......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....arned Assistant Attorney General. 2. The petitioner in the Rule have although maintained that they had a valid lease for the Tea Garden in question 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 af......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. ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....clause (b) of sub-paragraph (2) of paragraph 10 of the 4th schedule of the Constitution or article 136thereof, it is to be considered whether granting two years antedated notional seniority by a legal fiction as has been made in Government Servants (Seniority of Freedom Fighters) Rules. 1979 ca...... this connection it may be mentioned mat the respondent No. 4 was evidently brought by the authority concerned within the category of clause II of Rule 3 as aforesaid in order to ascribe upon him the status of a freedom fighter. Rule 3(II) says that a freedom fighter inter alia means any person bein..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....3.6.49. Time against the plaintiff could only run after the date of redemption. As the suit was filed on 10.5.61 it was clearly not barred by limitation. 7. Mr. Ahmed has next contended that the legal status of a mortgagee of a mortgage by a conditional sale being that of the transferee, defend....... Time against the plaintiff could only run after the date of redemption. As the suit was filed on 10.5.61 it was clearly not barred by limitation. 7. Mr. Ahmed has next contended that the legal status of a mortgagee of a mortgage by a conditional sale being that of the transferee, defendant No..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
.... Bangladesh imparting such education. We do not know whether the Committee has been able to evolve or put some thing into the syllabus or the curriculum with a view to impart to the students the legal training that is required under Article 21 of the Order. If along with the course and syl......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....however, by Order No. 52 dated 13-5-81 dismissed the review petition on the ground that "when the remedy is available in the form of appeal before the higher appropriate court, I do not find any legal scope to entertain this review application as maintainable." 4. As against this Orde......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. ..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)
....e 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, the plaintiff served a legal notice on 8.1.1961. Defendant 1 was not willing to execute the kabala, the defendants, howeve......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. ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....ilitary Law, and that he was wrongfully held in custody. The writ issued and on the return, it was submitted mat the arrest and subsequent detention of the applicant by the military authorities was illegal, because he was arrested in Belgium contrary to Belgian Law, and his arrest was not in complia......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 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....20.10.78. The scheme was forwarded by the Additional Deputy Commissioner (L.A) to the Government on 30.4.79. Hence the embargo placed by Memo dated 5.7.79 is not applicable to the present scheme. All legal formalities have been observed in the requisition proceedings and the lands have been acquired......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 ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....ise of power or in the discharge of his duty. In this view of the matter, the recommendation of the Screening Board for dismissal was declared to have been made without any lawful authority and of no legal effect. The High Court Division noticed: “It was no doubt found that he had issued ......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 ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....which is not warranted by law. To sum up, the writ petition by Dacca Municipal Corporation is not maintainable and imposition of any rate beyond permissible limit would be unconstitutional and illegal. All rates and taxes combined together cannot exceed 17% where urban property tax is in f......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 ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
....ed Advocate for the respondent on record. 3. It appears that an application under section 47 of the Code of Civil Procedure was filed by the respondent before the executing Court challenging the legality of a decree passed by the learned Company Judge of the then High Court under section 6......nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....authorise any person of organisation to issue certificate of origin or certificate of weighment, measurement or quality of goods which are exported or imported. 7. In spite of Constitutional and legal issues raised by the learned Counsels on both sides, the whole controversy seems to rest on th......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 ..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)
....e High Court Division made the Rule absolute and the impugned order dated 28. 12. 77 terminating the services of the respondent was declared to have been passed without any lawful authority and of no legal effect. Leave was granted to consider the question whether the appointment letter is......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. ..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)
....he respondent was not competent to file the Writ Petition. 12. The High Court Division after hearing the parties made the Rule absolute and the impugned notice was declared to have been passed illegally and without any lawful authority. The High Court Division, however, held drat me Oil Storage......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
....the Waqfs Ordinance, 1962. The opposite" party No. 3 as plaintiff instituted Other Suit No. 5/77 in the 1st Court of Munsif at Sadar, Chittagong for a declaration that the order of removal was illegal and also asked for some consequential relief. 4. The learned Additional District Judge di......ively with his sister opposite party No. 3 so that the petitioner does not have to hand over charge to the opposite party No. 2. Mr. Habibur Rahman further complains that after obtaining the order of status quo at the time of issuance of the Rule from this Court on 7.6.79, the petitioner preferred a..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
.... 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.” 7. He further prayed for a direction on the se......our 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: 1 BLD (AD) (1981) 462 ..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ting the statement that the appellant completed 25 years of service appeared in the notice. In his petition under Article 102 of the Constitution the appellant prayed for declaring this notice illegal and having been made without lawful authority and also for cancelling, withdrawing and/or resc......on January 5, 1972 and November 12, 1972 the appellant was appointed Director and Professor of Medicine of the Institute with effect from 19.1.71. The Government granted the appellant ad-hoc rank and status of Joint Secretary in 1974, and in 1975 he was given the ad-hoc rank and status of Addit..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6