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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

General Manager, Bogra Cotton Spinning Co. Ltd. Vs. Chairman, Rajshaht Labour Court & another, 1979, 8 CLC (AD)

....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

Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

....uslims. It has been so stated by section 129 of the Transfer of Property Act. He submits that although by virtue of the assent of the Governor-General under sub-section (2) of sec­tion 107 of the Government of India Act., Non-Agricultural Tenancy Act was a valid legis­lation but the provisio...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34.           ......& another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ......ourt Division (Civil Appellate Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hqssain Khan J Alhaj Aklima Khatun & another………. Appellants Vs. Shah Alam & another…………………Respondents ..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3

Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)

....ave decided the ques­tion on the facts before us. In the result, we dismiss the appeal with­out any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......ave decided the ques­tion on the facts before us. In the result, we dismiss the appeal with­out any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......32 DLR (AD) (1980) 24. ......pellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Dr. Mohammad Hossain and anr...........................Appellants Vs. Abdul Malek Khan..........................Respondent Judgment August 23, 1979. ..

Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236

Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

.... RafiqurRahmaa J Abdul Hakim………………………....Petitioner Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh………..Respondents Judgment August 17, 1979. ......ahmaa J Abdul Hakim………………………....Petitioner Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh………..Respondents Judgment August 17, 1979. Result: ......of Public Works & Urban Development, Government of Bangladesh………..Respondents Judgment August 17, 1979. Result: The rule is made absolute. Owner of abandoned property has no legal authority to transfer the property- An abandoned property within ......(Special Original Jurisdiction) Present: Shahabuddin Ahmed J RafiqurRahmaa J Abdul Hakim………………………....Petitioner Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh&helli..

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

.... Ahmed J.- The petitioner, former Deputy Attorney General (Criminal), has challenged in this petition under Article 102 of the Constitution an order dated 10th June, 1978 of the respondent, Government, of Bangladesh, represented by the Secretary. Ministry of Law and Parliamentary Affairs, ......rt High Court Division (Special Original Jurisdiction) Present: Shahabuddjn Ahmed J Rafiqur Rah­man J Kazi Abdul Wahab......................Petitioner Vs. Bangladesh, (through the Sec­retary, Ministry of Law and Parliamentary Affairs, Law Division)&he......diction) Present: Shahabuddjn Ahmed J Rafiqur Rah­man J Kazi Abdul Wahab......................Petitioner Vs. Bangladesh, (through the Sec­retary, Ministry of Law and Parliamentary Affairs, Law Division)…………………..........preme Court High Court Division (Special Original Jurisdiction) Present: Shahabuddjn Ahmed J Rafiqur Rah­man J Kazi Abdul Wahab......................Petitioner Vs. Bangladesh, (through the Sec­retary, Ministry of Law and Parliamentary Affairs, Law Div..

Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1

Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)

....thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ......—For the Respondents 2-5. Writ Petition No. 673 of 1978. Judgment Shahabnddin Ahmed J.- This rule is directed against an order dated 27.7.78 of respondent No. 5, Joint Secretary, Bangladesh Agricultural Development Corporation, briefly the Corporation communicating to the petiti...... Kazi Ali Noor………………………………………..Petitioner Vs. Secretary, Ministry of Agriculture and others………….Respondents Judgment July 26, 1979. Result...... Shahabuddin Ahmed J Rafiqur Rahman J Kazi Ali Noor………………………………………..Petitioner Vs. Secretary, Ministry of Agriculture and others………….Respondents ..

Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2

Shaikh Keramat Ali Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1979, 8 CLC (HCD)

....istrate for enquiry under Chapter XVIII of the Criminal Procedure Code. One of the accused namely, Hashan Mir, respondent No.6, sent a letter dated 24 9.77 to the Secretary, Ministry of Home Affairs, Government of Bangladesh bringing a counter allegation that the murder in question was actually comm......sdiction) Present: Shahabuddin Ahmed J Rafiqur Rah­man J Shaikh Keramat Ali..............................Petitioner Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents Judgment July 6, 1979. Result: The rule i...... Present: Shahabuddin Ahmed J Rafiqur Rah­man J Shaikh Keramat Ali..............................Petitioner Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents Judgment July 6, 1979. Result: The rule is made abso......t High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rah­man J Shaikh Keramat Ali..............................Petitioner Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents J..

Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3

Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)

.... Present: Kemaluddin Hossain CJ Rubul Islam J KM. Subban J Lutfu Mia……………………......................Appellant Vs. Government of Bangladesh & Others………….Respondents Judgment ...... Kemaluddin Hossain CJ Rubul Islam J KM. Subban J Lutfu Mia……………………......................Appellant Vs. Government of Bangladesh & Others………….Respondents Judgment July 6, 1979......, instructed by Abu Backkar, Advocate, on Record-For the Appellant. Md. Moksudur Rahman, Deputy Atorney General, instructed by S.S. Hoda, Advocate on-Record-For the Respondents 1-6. N. H. Khandoker, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent 7-8. ......ivil) Present: Kemaluddin Hossain CJ Rubul Islam J KM. Subban J Lutfu Mia……………………......................Appellant Vs. Government of Bangladesh & Others………….Respondents Judg..

Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1

Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC

....igh Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Res......sion (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Result: The ......Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Result: The rule is mad......rt High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979...

Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1

Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)

.... Property Tax Authority and the Dacca Municipal Committee as stated above, the petitioner was required to pay taxes exceeding the ceiling as fixed by the relevant Model Tax Schedules as framed by the Government under section 35 of the Municipal Administration Ordinance, 1960 (Ordinance No-......ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414.   ......ction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Sonali Bank (formerly National Bank of Pakistan)…………......Petitioner (In Petition Nos. 135 and 242 of 1970) Vs. Taxation Officers, Urban Immovable Property Tax, Dacca & Narayang...... Abdur Rahman Chowdhury J A.T.M. Afzal J Sonali Bank (formerly National Bank of Pakistan)…………......Petitioner (In Petition Nos. 135 and 242 of 1970) Vs. Taxation Officers, Urban Immovable Property Tax, Dacca & Narayanganj Range & o..

Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1

M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)

....ion of public nature. No statutory rules have been made by the Corporation for regulating the terms and conditions of service of its officers and employees. But the Corporation has been following the Government Servants (Discipline and Appeal) Rules, 1976 in the cases of its officers and employees. ......inal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J M. A. Hai........................................Petitioner Vs. Trading Corpora­tion of Bangladesh…………...Respondent Judgment April 3, 1979. Resul......pril 3, 1979. Result: The rule is discharged. Cases Referred to- University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; AIR (SC), 1957, 882; C.A. Nos. 52 of 1977, 106 of 1977 and 138 of 19771979;31 DLR (Appellate Division); 33 AIR 1970 Cal. 179; University of Ceylon Vs. Fern......igh Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J M. A. Hai........................................Petitioner Vs. Trading Corpora­tion of Bangladesh…………...Respondent Ju..

Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1

Md. Bokiotullah Vs. Chairman, Council of Cadet Colleges and Secretary Mi¬nistry of Defence, Govt. of Bangladesh, 1979, 8 CLC (HCD)

....iled to submit a comprehensive reply to the said show cause notice. 9. The respondents confessed the Rule by filing an affidavit-in-opposition affirmed by a Section Officer, Ministry of Defence, Government of Bangladesh, controvert the statement made in the petition. It was stated in the said a......T. M Masud J Muhammad Habibur Rahman J Md. Bokiotullah.........................Petitioner Vs. Chairman, Council of Cadet Colleges and Secretary Mi­nistry of Defence, Govt. of Bangladesh, Old High Court building, Dacca and 2 others.............Respondents Judgment M......nal Jurisdiction) Present: Chowdhury A.T. M Masud J Muhammad Habibur Rahman J Md. Bokiotullah.........................Petitioner Vs. Chairman, Council of Cadet Colleges and Secretary Mi­nistry of Defence, Govt. of Bangladesh, Old High Court building, Dacca and 2 ot...... High Court Division (Special Original Jurisdiction) Present: Chowdhury A.T. M Masud J Muhammad Habibur Rahman J Md. Bokiotullah.........................Petitioner Vs. Chairman, Council of Cadet Colleges and Secretary Mi­nistry of Defence, Govt. of Bangla..

Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1