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Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....tory Administrator since it was treated as abandoned property. During the period the Factory remained abandoned, its administration was carried on by a local Management Board consisting of public and Government representatives in which the petitioner was also member and continued to act as the ......he Respondents. Writ Petition No. 448 of 1978 Judgment Syed Mohammed Husain J.- In the application under Article 102, of the Constitution, the petitioner has challenged decision of the Bangladesh Chemical industries Corporation dismissing the petitioner from the service of the Corpora......ory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutory public authority given in Art. 152(1) of the Constitution are read and considered toge......: Syed Muhammad Hussain J Latifur Rahman J Md. Hazrat Ali……………………………………Petitioner Vs. Chairman, Bagladesh Chemical Industries Corporation & another……..Responde..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
....e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
......order a case is to be made out that alternative accommodation is not available, and it is essentially required for providing accommodation to the office of the Comptroller and Auditor General of Bangladesh.
The order of requisition should contain the description of the government officer o......
Ruhul Islam J
Badrul Harder Chowdhury J
Mansurul Aziz & Another………………………Appellants
Vs.
Secretary, Ministry Of Land Administration And Land
Reforms & Others……………&hellip......t:
Kemaluddin Hossain CJ
Ruhul Islam J
Badrul Harder Chowdhury J
Mansurul Aziz & Another………………………Appellants
Vs.
Secretary, Ministry Of Land Administration And Land
Reforms & Others…&helli..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......priate case. The order granting injunction must be a speaking order………… (5) Case Referred to- Kanti Ram Shil Vs. Sumitra Devi, 16. DLR 272; Mosharraf Hossain Vs. Bangladesh Jute, Industries Corporation, 29 DLR (SC) 168. Lawyers Involved: Miah Abdul Gaf......, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask fo......e Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Ramani Marak & Another………….....Appellants Vs. Jamini Marak & Others ………….......Respondents 3-20 ..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....ry 1980. From the aforesaid facts and circumstances of the composition and organisation of the school it clearly appears that this school is not in conformity with the national edcation policy of the Government pursuant to the fundamental principles of the State Policy. This would be clearly evident......isdiction) Present: Syed Muhammad Hussain J Sultan Hosain Khan J Mrs. Winifred Rubie & others………………… Petitioners Vs. Bangladesh & others……………..Respondents Judgment Sept......udgment Syed Muhammad Hussain J. - This rule arising out of an application under Article 102 of the Constitution is directed against an order passed by the Additional Deputy Commissioner, Land Acqusition, Dacca on 19-7-77 requisitioning the premise at 85 Kakrail, Dacca for the acconmodati......ginal Jurisdiction) Present: Syed Muhammad Hussain J Sultan Hosain Khan J Mrs. Winifred Rubie & others………………… Petitioners Vs. Bangladesh & others……………..Respondents Judgment ..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
.... reside in Bangladesh a power of attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Bangladesh Consul or Vice-Consul or representative of the Central Government. The other provisions need not be mentioned. The rule next that calls attention is sub-se......ip;………… (5) Whether Power of attorney executed and authenticated by a Magistrate or Notary Public in a foreign country could be acted upon as a valid document in Bangladesh If a notarial act is done in foreign country by a foreign notary and there is recipr......ent for the principal does not require registration except that its authentication under the law is necessary …………… (5) Whether Power of attorney executed and authenticated by a Magistrate or Notary Public in a foreign country could be acted upon as ......(Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Nurunnessa & others………………….Appellants Vs. Babar Ali Bepari & Others………………… Respo..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....under sub-section (1) or sub-section (2) has been assigned to an Additional Judge, the appeals may be preferred to the Additional Judge. (4) The High Court may, with the previous sanction of the Government, direct, by notification in the official Gazette, that appeals lying to the District......lt: The application is rejected. Case Referred to- Paia & Co. S.P.A. Vs. Thurmann Neilson, (1952)2 QB 84; Unimarine S.A. Panama through Local Agent Bengal Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: ...... Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: Faqueer Shahabuddin Ahmed with Moazzammel Huq Bhuiyan, Rabia Bhuiyan and Shah Abu Nayeem, Advocates-For the petitioner. S.R. Pal with Anil Chandra Sarker and S.R. K...... (Civil Revisional Jurisdiction) Present: Amirul Islam Chowdhury J Ranadhir Sen J Messrs Ahmed & Sons………………….Petitioner Vs. Messrs Eastern Technique & others…………. Opposite parties ..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......ul Huq, the learned Advocate for the petitioners, contends that section 115(1) and (2) are two distinct provisions and are to be read along with other provision of the Code of Civil Procedure and the Bangladesh Civil Courts Act. Mr. Huq further submitted that section 115 CPC should be read with sect......ellip;………. Opposite Party Judgment August 6, 1980. Result: The rule is accordingly discharged. Case Referred to- Durgaprasad & another Vs. Deepchand & others, AIR 1954 SC 75; Methu Vehemandu Vs. Duggiarala Pitchayya, AIR 1946 Mad 497; Thakur...... (Civil Revisional Jurisdiction) Present: Amirul Islam Chowdhury J Ranadhir Sen J Nurul Islam & others…………………..Petitioner Vs. Md. Abdur Rashid………………………. O..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....of the defendant. But the defendant did not retire the shipping documents. Ultimately the plaintiff's Chittagong office got said 1400 bags of rape-seed cleared from the jetty and sold the same at Government controlled rate between 14.11.58 and 31.12.58. The plaintiff had to pay clearing charges ......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. ...... F.O.B. Contract (Free on board contract)– F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payment for the goods be...... Abdul Wadud Choudhury J Md. Altaf Hossain J Biimillah Oil Mills………………………………Defendant-Appellant Vs. Messrs Arag Limited………………………..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....nd Pakistan there was an announcement of ceasefire declaration in the Security Council on 17-9-fiS and both the countries we brought to a conference table by the good offices of the Russian Government at Tashkent where once again a declaration was made on 31st December. 1965 acknowledging ......n Hossain CJ Fazle Munim J Ruhul Islam J M/S. Dulichand Omraolal……………………………….Appellant Vs. Bangladesh, through the Secretary, Ministry of Industries & others.................Respondents ...... also Reported in: 1 BLD (AD) (1981) 1 ......Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J M/S. Dulichand Omraolal……………………………….Appellant Vs. Bangladesh, through the Secretary, Ministry of Industries & others.................Resp..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....ic enterprise. In 1968 all of its shares held by the EPIDC were transferred to the President of Pakistan. After the emergence of Bangladesh, all of its shares: became abandoned and vested in the Government of Bangladesh under the provisions of President's Order No.16 of 1972. With the ......ppeal No.169 of 1979 arises from the judgment and order of a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 19, 1979.
3. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the ......In C.A. 169 of 1979.)
M. Nurullah, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For appellant (In C.A. 65 of 1980.)
Syed Ishtiaq Ahmed, Senior Advocate, with K.Z. Alam and Khalilur Rahman, Advocates, instructed by M.R. Khan, Advocate-on-Record-For respondents 1 & ......)
Present:
Kemaluddin Hossain CJ
Fazle Munim J
Ruhul Islam J
Badrul Haider Chowdhury J
Mosharraf Hossain Chowdhury…………….Appellant
Vs.
General Manager, Titas Gas Transmission & Distribution Co. Ltd. &
another&hell..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... 1980 Result: The appeal is dismissed. Case Referred to- Halima Khatun Vs. Bangladesh, 30 DLR (SC) 207; State Vs. Haji Joinal Vs. Abedin, 32 DLR (AD) 110, followed; AsmaJilani Vs. Government of Punjab, PLD 1972 SC 139; State Vs. Dosso. PLD 1958 SC 533; Begum Nusrat Bhutto Vs. Chi......t: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Kh. Ehteshamuddin Ahmed @ Iqbal…………… Appellant Vs. Bangladesh & Others…………….....................Respondent ......Vs. Saeed Ahmed, PLD 1974 SC 657; AnisminicLtd. Vs. Foreign Compensation Commission, (1969) 1 All E. R. 208; Patterson Vs. District. Commissioner of Accra, (1948) AC 341 Franklin Vs. Minister of Town and Country Planning, (1948) AC 87; Padfield Vs. Minister of Agriculture (1968) 1 All E. R. 694; Sta...... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Kh. Ehteshamuddin Ahmed @ Iqbal…………… Appellant Vs. Bangladesh & Others…………….....................Respond..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 ......) 8 ......te-on-Record-For the respondent. S.R. Pal, Sr. Advocate, appeared as Anmicus Curiae. Civil Appeal No. 31 of 1972 (From Writ Petition 85 of 1974. 46 other appeals were heard analogously and disposed of by this judgment) Judgment B.H. Chowdhury J.- These appeals arise out of ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh ……………………………………Appellant Vs. Haji Abdul Gani Biswas & others ………………&hellip..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 ......1. Civil Appeal No. 117 of 1979 from C.R. No. 1696 of 1963 Judgment Ruhul Islam J. - This appeal by special leave arises from the judgment dated February 14, 1977 of the High Court of Bangladesh in Civil Revision Case No.1696 of 1968 in connection with the preemption case sectio......Judgment March 18, 1980 Result: The appeal is allowed. The pre-emptors cannot succeed on such an application-several co-sharers in the holding were omitted in the pre-emption case and they were not brought on record in spite of objection taken by the pre-emptees-- The instan......din Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abdus Samad & Others……………………Appellants Vs. Md. Sohrab Ali & Others…………………..Respon..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....of the Constitution is directed against a notice No. 215/2261 DGDP/ASC/P-8 dated 22nd September, 1978 made on behalf of the Director General of Defence Purchase in the Ministry of Defence of the Government of Bangladesh with notice to all concerned Ministries, Divisions, Directorates, auto......l Original Jurisdiction) Present: Syed Muhammad Hussain J Sultan Hossain Khan J Lt. Col. (retd) M.A. Mannan & others…………..Petitioners Vs. Bangladesh……………………………&h...... March 5, 1980 Result: The Rule is made absolute. Case Referred to- Abdul Hadi, Managing Partner, Hadi Brothers Vs. EPWAPDA, W.P. No 448 of 1968 (un-reported); Joseph Vilangandoa Vs. Executive Engineer (PWD), AIR 1978 SC 930. Lawyers Involved: Syed Ishtiaq Ahmed ...... (Special Original Jurisdiction) Present: Syed Muhammad Hussain J Sultan Hossain Khan J Lt. Col. (retd) M.A. Mannan & others…………..Petitioners Vs. Bangladesh…………………………&..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....ellip;………… opposite parties Judgment January 23, 1980 Result: The rule is discharged. Case Referred to- Mohammad Nural Islam & others Vs. Government of the People Republic of Bangladesh & others, 1977 BSCR 32; Serajuddin Bepari & ......; opposite parties Judgment January 23, 1980 Result: The rule is discharged. Case Referred to- Mohammad Nural Islam & others Vs. Government of the People Republic of Bangladesh & others, 1977 BSCR 32; Serajuddin Bepari & others Vs. Mizanur Rahman & other...... others Vs. Government of the People Republic of Bangladesh & others, 1977 BSCR 32; Serajuddin Bepari & others Vs. Mizanur Rahman & others, 29 DLR ($C) 82,; S.N. Gupta & Co. Vs. Sadaananda Ghoss & others, PLD 1960 Dacca 153. Lawyers Involved: Amirul Islam with Abdu......rt Division (Civil Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Liaquat Hossain Chowdhury………………….Petitioner Vs. Mir Ali Hossain & others…………………&hellip..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....ving failed to accept the demands of the Union, the employees of both the Organisations resorted to strike after observing all the formalities and the strike continued for over a month, whereupon the Government referred the dispute to the Second Labour Court Dacca for adjudication which was register......epted by the Labour Court which held that the application was maintainable and ordered the reinstatement of the employee concerned. Against this decision the appellant company moved the High Court of Bangladesh under Article 102 of the Constitution. The appellant company did not succeed before the H......lay & Co. Ltd. & Another……..……………………Respondents Judgment January 7, 1980 Result: Civil Appeal No. 26 and 27 of 1978 are allowed. Appeal Nos. 46 and 47 of 1978 are disposed of. Case Referred t......Islam J KM. Subhan J Badrul Haider Chowdhury J James Finlay & Co. Ltd……………………………….Appellant Vs. Chaiman Second Labour Court, Dacca & Another……… Respondents M..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....ndant was dismissed from the service of the plaintiff in July 1956. As he did not vacate the land, on demand the plaintiff instituted the suit for declaration of title and recovery of possession. The Government was the defendant no. 2 in the suit. 3. The plaintiff also filed T.S. No. 98/58 in t......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 ......in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb AIR 1965 (SC) 60; Goalunda Fishing Industries Vs. Pakistan, (1970) 22 DLR (Dacca) 349; Errington Vs. Errington, in 1952 (1) All E.R. 149; Cobb and another Vs. Lane, in 1952 (I) All E.R. 1199; Issac Vs Hotel De Paris Ltd., (1960) 1 All E.R. 348......Civil Appellate Jurisdiction) Present: Mustafa Kamal J Dhamai Tea Co Ltd. ………………........................ Appellants (In S.A. 27/66) Vs. Arjoon Kumar & another……………………...Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)
....et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ......et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ...... O. C. Suit No. 225 of 1977. 2. Petitioner before me is the plaintiff who filed the suit for a declaration that he is the lawfully appointed Nika Registrar in the area of Nagarpur Police Station and that the appointment of defendant Nos. 1 and 2 as Nika Registrars for the same area is illegal, ......et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ..Category: Family Law | Date: 30 Nov, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....9; to Writ Petition No.527/79 is Establishment Division Notification No. ED (SA-1)-2/79-208 dated the 20th April, 1979 promoting respondent Nos.3 and 4 as Joint Secretary from Deputy Secretary to the Government of Bangladesh. 4. Annexure 'C' to Writ Petition No.528/79 is Establishment D...... Original Jurisdiction) Present: Chowdhury A. T.M. Masud J Abdul Malek J Mohammad Faizulla…………………Petitioner Vs. Govt. of Bangladesh…………………Respondent Syed Mohammad Huss......4 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Province of East Pakistan, PLD 1971 SC 82. Lawyers Involved: Syed Ishtiaq Ahmed with S.A. Latif, Abdul Rah Chowdhury and Rabia Bhuiya, Advocates-For the Petitioners. K.A. Bakr, Attorney General, with MM. Haq and ......sion (Special Original Jurisdiction) Present: Chowdhury A. T.M. Masud J Abdul Malek J Mohammad Faizulla…………………Petitioner Vs. Govt. of Bangladesh…………………Respondent ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
......of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
......
Lawyers Involved:
Asrarul Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record - For the Appellant (In both the appeals).
A.N.M. Gaziul Huq, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Respondent No.2 (In both the appeals).
Civil Appeal Nos.8 &......Present:
Kemaluddin Hossain CJ
KM Subhan J
Badrul Haider Chowdhury J
General Manager, Bogra Cotton Spinning Co. Ltd.................Appellant (In both the appeals)
Vs.
Chairman, Rajshaht Labour Court & another.....................Respondents (In both..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
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