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Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....oncurring with the same, I would like to add a few words of my own. We have felt obliged to take notice of aerie in facts that came to light in course of hearing of this matter and also from the Government file that was produced before us by the learned Assistant Attorney General. 2. The p......riginal Jurisdiction) 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 ...... 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 ......Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judg..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....re considered by the Court to have special means of knowledge as members of the family or otherwise, to testify to the relationship of the plaintiff with Gour Majhi. Those statements found on various Government records as to distribution and devolution of the family property and as to ownership, was......dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ...... Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......h Court Division (Second Appeal Jurisdiction) Present: Anwarul Hoque Chowdhury J Gopal Chandra Mondol……………………Appellant Vs. Lashmat Dasi................................Respondent Judgment January 7, 1982. ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....d Choudhury J M.H. Fahman J Zainal Abedin & Another………………………………........Petitioners Vs. Government of Bangladesh & Others…………........Respondents Judgme......sp;J M.H. Fahman J Zainal Abedin & Another………………………………........Petitioners Vs. Government of Bangladesh & Others…………........Respondents Judgment Decemb......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 ......bdul Wadud Choudhury J M.H. Fahman J Zainal Abedin & Another………………………………........Petitioners Vs. Government of Bangladesh & Others…………........Respondents ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ...... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ...... Mortgage Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the C......16 ..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
....alth and Population Control and others......................................Respondents
Judgment
December 2, 1981.
Result:
The Rule is made absolute.
Compulsory Retirement of Government Servant –
No materials were produced before the Court to show that the author......ginal Jurisdiction)
Present:
Abdul Wadud Chowdhury J
Sultan Hossain Khan J
Dr. Abu Ahmed Chowdhury…………………Petitioner
Vs.
Bangladesh represented by the Secretary of the Ministry of Health and Population Control and ot......ltan Hossain Khan J
Dr. Abu Ahmed Chowdhury…………………Petitioner
Vs.
Bangladesh represented by the Secretary of the Ministry of Health and Population Control and others......................................Respondents
Judgment
......ecial Original Jurisdiction)
Present:
Abdul Wadud Chowdhury J
Sultan Hossain Khan J
Dr. Abu Ahmed Chowdhury…………………Petitioner
Vs.
Bangladesh represented by the Secretary of the Ministry of Health and Population Contr..
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
.... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ......ginal Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judg......ud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judgment November 18, 1981. Result: ......ecial Original Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents ..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....as an advocate before subordinate Courts in Bangladesh for a period of two years; (b) he is law graduate and has practiced as an advocate before any High Court outside Bangladesh notified by the Government in the official Gazette; (c) he has, for reason of his legal training or experience ......diction) Present: Abdur Rahman Chowdhury J ATM Afzal J Kazi Habibul Awal…………………………Petitioner Vs. Bangladesh Bar Council……………Respondent Judgment Nov...... The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitioner in person. MA Manna, Advocate— For the Respondent No.3. Syed Ishtiaq Ahmed and Khondker Mahbub Uddin Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. ......nal Jurisdiction) Present: Abdur Rahman Chowdhury J ATM Afzal J Kazi Habibul Awal…………………………Petitioner Vs. Bangladesh Bar Council……………Respondent Judgment..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....cumbent 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; B.R. Bhuiy......Munim J Ruhul Islam J Badrul Haider Chowdhury J Bazlur Rahman Bhuiyan……………………………Appellants Vs. Bangladesh Shipping Corporation…………….Respondent Judgme......-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; ......azle Munim J Ruhul Islam J Badrul Haider Chowdhury J Bazlur Rahman Bhuiyan……………………………Appellants Vs. Bangladesh Shipping Corporation…………….Respondent J..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
.... Hotel which was then the Office of the District Peace Committee and produced before the accused. The accused told P.W.1 that he was helping the Bangladesh movement and was opposing the Pakistan Government. He directed the two Biharis to take P.W.1 to Pak Military at the police line where P.W.1......For the Appellant. Mashuque Hossain Ahmed, Advocate— For the State. Criminal Appeal No. 220 of 1973. Judgment Mustafa Kamal J.— This appeal under Article 16(1) of the Bangladesh Collaborators (Special Tribunals) Order, 1972, hereinafter referred to as P.O. ...... Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali, Advocates— For the Appellant. Mashuque Hossain Ahmed, Advocate— ......ent: Mohammad Habibur Rahman J Mustafa Kamal J Saad Ahmed……………………………………Appellant Vs. The State…………………………&h..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....o give different interpretation of a provision, and means, therefore, have to be provided, for the resolution of such conflict. Written Constitution provides a standard by which the legitimacy of the Government's action is to be judged, and it is the function of the Court, which, is endowed with......uhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Jamil Huq (Ex-Captain)………………………Appellants Vs. Bangladesh & Others………………… Respondent ......Vs. Bangladesh & Others………………………….Respondent And Mrs. Mamata Ahmed on Behalf of Capt. A. Z. Ghyasuddin Ahmed and Ors……..Appellants Vs. Bangladesh & Others……&hell...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Jamil Huq (Ex-Captain)………………………Appellants Vs. Bangladesh & Others………………… Respondent ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....t of the plots to their shareholders when they received the notice of requisition which covered their purchased land. The requiring body, the petitioner alleges, has been floated by a handful of high Government officials and businessman, who had ho earlier experience or performance to their credit. ...... Present: Amirul Islam Chowdhury J Mustafa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of......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 ......sdiction) Present: Amirul Islam Chowdhury J Mustafa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration,..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....is 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 these vessels were not to ply at night but in violation of the conditions of certificates......bour (Standing Orders) Act. The decisions cited by him are reported in AIR 1963(SC) 1756 and AIR 1957(SC) 326. He has also pointed out to a decision of the High Court Division of the supreme Court of Bangladesh reported in 33 DLR page 149 wherein it has been held that a single act of neglect of work......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......
(Special Original Jurisdiction)
Present:
Abdul Wadud Choudhury J
Sultan Hossain Khan J
Managing Partner, Messrs, Bank Line Navigation Company.............Petitioner
Vs.
Chairman, Second Labour Court, Dacca & another…….Respondents (In Wri..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ......petitioner as to whether the qualifications of the petitioner were in the category of diploma or degree in Mechanical Engineering. 2. Facts, in short, are that the Establishment Division of Bangladesh Agricultural Development Corporation advertised on 9.8.71 for appointment to the post of ......1981. Result: The Rule is discharged. Considering the matter of promotion of employee to the next higher grade- The employer can assess the value of academic qualification of the candidates while considering their promotion from lower grade. Considering all the facts an......howdhury J Sultan Hossain Khan J A.H.M. Aminur Rahman………………………………………Petitioner Vs. Chairman, BADC & others……………………..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
....din Ahmed, Advocate, Supreme Court of Bangladesh, 40, Dhanmondi Residential Area, Road No. 4 A, Dacca-9………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Hom......
...... 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......
Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh, 40, Dhanmondi Residential Area, Road No. 4 A, Dacca-9………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, represented by the Secretary, Minist..
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 ......ther alleged that profit and loss account of the company was neither audited nor submitted to the Board of Directors, that all assets and properties of the company were mortgaged to respondent No. 2, Bangladesh Shilpa Rin sangstha, successor of the Pakistan Industrial Credit and Investment Corporati......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...... CJ Chowdhury A.T.M. Masud J Abdur Rahman Chowdhury J Bengal Water Ways Ltd & Another……………………….Appellants Vs. Rahimuddin Ahmed & Others……………………&h..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....plaintiff corporation decided that they would not require the balance quantity of 437½ L/tons of paddy seeds and so there could not be any question of non-performance of the contract, that the Government of India declared a state of Emergency on 20.10.62 and the defendant No. 2 could not supp...... (Civil Appellate Jurisdiction) Present: Ranadhir Sen J Md. Altaf Hossain J Pubali Bank…………………….. Appellant Vs. Bangladesh Agricultural Development Corporation and another………Respondents ...... Ranadhir Sen J Md. Altaf Hossain J Pubali Bank…………………….. Appellant Vs. Bangladesh Agricultural Development Corporation and another………Respondents Judgment June 30, 1981 Result: Th......n (Civil Appellate Jurisdiction) Present: Ranadhir Sen J Md. Altaf Hossain J Pubali Bank…………………….. Appellant Vs. Bangladesh Agricultural Development Corporation and another………Respondents ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
.... facts and circumstances of the case.
13. We accordingly direct the Bureau of Ami-Corruption to take appropriate and necessary steps in consultations with the Deputy Attorney General (Criminal), Government of Bangladesh to prosecute the delinquent under the law and lodge complaint before the Sp......trawlers, subsequently on the prayer of the plaintiff the court by another order dated 27.9.80 directed the Collector of Customs, Chittagong to escort the attached trawlers to the Fish Harbour of the Bangladesh Fisheries Development Corporation at Chittagong and further directed the General Manager ......;
......ivision
(Civil Original Jurisdiction)
Present:
Abdur Rahman Chowdhury J
Abdul Matin Khan Chowdhury J
Southern Fisheries Ranong Corporation and others..........Appellants
Vs.
Kingfisheries Industries Ltd. and others..............Respondent
Judgment
..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....on (Criminal Appellate Jurisdiction) Present: Abdur Rahman Chowdhury J Abdul Matin Khan Chowdhury J Sasanka Sekhar Bose @ Mona Bose....................Appellant Vs. Government of Bangladesh.........................Respondent Judgment May 5, 1981. Re......nal Appellate Jurisdiction) Present: Abdur Rahman Chowdhury J Abdul Matin Khan Chowdhury J Sasanka Sekhar Bose @ Mona Bose....................Appellant Vs. Government of Bangladesh.........................Respondent Judgment May 5, 1981. Result: App......s dismissed Code of Criminal Procedure (V of 1898); Section 386 Army Act (XXXIX of 1952); Section 142 Sentence of Fine Imposed by Summary Military Court - Whether Such Fine is a Decree and Can be Executed through Civil Court— In relation to the provision of Army Act which h......rt Division (Criminal Appellate Jurisdiction) Present: Abdur Rahman Chowdhury J Abdul Matin Khan Chowdhury J Sasanka Sekhar Bose @ Mona Bose....................Appellant Vs. Government of Bangladesh.........................Respondent Judgment May 5, 1981..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....hellip;……………………………….. Respondent Judgment April 30, 1981 Result: Appeal is dismissed Government of Bangladesh (Services Screening) Order, 1972 – Whether Three clauses of Art......;…………………………….. Respondent Judgment April 30, 1981 Result: Appeal is dismissed Government of Bangladesh (Services Screening) Order, 1972 – Whether Three clauses of Art. 5 (b), to be......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......ent: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Registrar, University of Dacca…………………Appellants Vs. Dr. Sajjad Hossain And University of Dacca………….Respondent ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
.... the Dacca Municipal Corporation to comply with the provisions of the Model Tax Schedule, under section 35 of the Municipal Administration Ordinance, 1960. It is admitted by both the parties that the Government had directed by notification that the levy of Municipal Tax and Urban Immoveabl......position. In 1962 a constitution was promulgated and the novel feature of the Constitution was that the central list was given and all other matters were left with the Province. Next the emergence of Bangladesh and the Constitution of the People's Republic of Bangladesh was promulgated and it co......Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dacca Municipal Corporation………………….Appellant Vs Sonali Bank and Ors…………………………….Resp......erred by the Khulna Municipality which, however, was not proceeded with and was disunited. The High Court Division relied on the decision of this Court in the case of American Life Insurance Co. Vs. Dacca Pourashava, reported in (1979) 31 D.L.R. (A.D ) 276. The majority view is that the ra..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
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