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Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
....the Sub-Inspector of police and the police constables were committed while acting or purporting to act in the discharge of their official duty and they acted in their capacity as servants of the Government and as Public Officers and as such sanction under section 197 of the Cr.P.C. is necessary......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......rojul Huq with Zakir Ahmed, Advocates-For the opposite parties Criminal Revision No. 139 & 140 of 1980 Judgment Md. Altaf Hossain J.- These are two applications under sections 435 and 439 of the Code of Criminal Procedure. 2. The facts of Criminal Revision No.139 of 1980 ari...... (Criminal Revisional Jurisdiction) Present: Chowdhury A.T. M. Masud J Md. Altaf Hossain J Rokeya Begum…………………Petitioner Vs. Shafiqur Rahman & state……………opposite parties ..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....lip;……… Respondent Judgment February 10, 1981 Result: Appeal is dismissed Trade Organization Ordinance (XLV of 196(1); Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, meas......nbsp; ......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......ssain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Bangladesh Steamer Agents Association………………….Appellants Vs. Bangladesh…………………………&hell..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)
....ity could not exercise the inherent Power at will. It appears that the learned Judges of the High Court Division have not seen the case from the proper perspective, namely, that the stand of the Government is that the respondent was never selected by the Selection Board, but somehow by mis......r of the High Court Division dated 8th August, 1979 in Writ Petition No. 256 of 1978. 2. The respondent filed an application under Article 102 of the Constitution of the People's Republic of Bangladesh alleging inter alia that he was appointed as a Custom Inspector on 17.8.77 and he duly jo......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......sain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Chairman, National Board of Revenue & Others……………… Appellants Vs. Md. Jahurul Hoque…………………….. Respond..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)
....973, otherwise penalty would be imposed. The Taxation Officer, Narayanganj by another letter dated 8th August, 1973 asked respondent to show cause why penalty should not be imposed for non-payment of Government dues. 5. Having failed to get any relief, from the appellants, respondent filed Writ......ive in its operation and retrospective effect cannot be given unless such effect is given to it in the statute itself, either expressly or by necessary implication….. (15) Constitution of Bangladesh (1972), Art, 102(2) Alternative remedy / Writ When the impugned action is witho......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...... Fazle Munim J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Assessing Officer, Narayanganj Range, & Others……………….Appellants Vs. Burmah Eastern Limited………………………&..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....any, a banking company or a bank, a broker's office or stock exchange, a club, a hotel or a restaurant or an eating house, a cinema or theatre, or such other establishment or class thereof as the Government may, by notification in the official gazette, declare to be a commercial establishment fo......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 ...... Vs. Chairman, 2nd Laour Courts & Another……………….Respondent Judgment January 12, 1981 Result: The appeal is allowed. Terms and conditions of the employees of Dacca Improvement Trust are regulated by Town Improvement Act and...... Ruhul Islam J Badrul Haider Chowdhury J Chairman, D.I.T. & Another……………………………….Appellants Vs. Chairman, 2nd Laour Courts & Another……………….Respon..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... the property becoming enemy property and the relevant passage may be quoted. "Upon a true construction of the laws aforesaid, we get, that all rights in such property vest in the Government of Bangladesh and the title of the owner of the property remains subject to the overridin......J Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Goutam Ranjan Sen & Others …………… Appellants Vs. Bangladesh & Others………………………&hell......………………………Respondents Judgment January 8, 1981 Result: The appeal is allowed. Case Referred to- M/s. Dulichand Omraolal Vs. Bangladesh 1981 BLD (AD) 1. Lawyers Involved: MS Dilichand Omraolal......Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Goutam Ranjan Sen & Others …………… Appellants Vs. Bangladesh & Others……………………&hel..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... of Mysore, AIR 1965 SC 280; Toro Singh Vs. State of Rajasthan, AIR 1975 SC 1487; Kripa Ram Gupta Vs. R.K. Talwar, AIR 1970 All 296;Neskikar Vs. Union of India; AIR 1972 Mys 71; A.M. Khan Leghory Vs. Government of Pakistan, PLD 1967 Lah 227; Pakistan Vs. Liaquat Ali Khan, PLD 1959 SC 87;Zaibtun Text......unim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………….................Appellant Vs. Bangladesh & Others………………................Respondent ......SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chowdhury Vs. Province of East Pakistan, PLD 1957 SC 9;Kunnothat Thathunni MoopilNair Vs. State of Kerala, AIR 1961 SC 552; East and West Steamship Vs. Pakistan, PLD 1958 SC 41;Matajoy Dobey Vs. H.C. Mare, AIR 1956 SC 44; Padfiel...... Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………….................Appellant Vs. Bangladesh & Others………………................Resp..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
....ers .....................Respondents Judgment November 24, 1980. Result: The petition is dismissed. Martial Law Regulation No. 1 of 1975, Regulation No.4(4) Whether the Government's power of review under Regulation No.4(4) includes the power to convert an acquittal......4. ......;…………………………………………………….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, 1980. Result: ...... Bangladesh ……………………………………………………….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, ..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
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
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....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: 1 BLD (AD) (1981) 95 ......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: 1 BLD (AD) (1981) 95 ......0 Result: The appeal is dismissed. Small Causes Courts Act (IX of 1887), Section 17(1) Proviso Deposit of decretal amount or furnishing of security with the application, not mandatory—Application to set aside the decree along with another application seeking Court...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Benode Behari Saha……………………………..Appellant Vs. Nitya Gopal Saha………………………&he..Category: Civil Law, Procedural Law | Date: 15 Jul, 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
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