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Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......he trial Court as to the eligibility of a pre-emptor u/s 90 of the Act to pre-empt a transfer have been expressed by some Single Benches of this Court. 2. The petitioners as pre-emptors filed an application u/s 96 of the Act to pre-empt the transfer. The said application was contested by the pr..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....#39;s interest determines his position as the lessor. The relationship of lessor and lessee cannot subsist beyond the mortgagee's interest unless the relationship is agreed to by the mortgagor or fresh relationship is recreated. This the mortgagor or the person succeeding to the mortgagor's ...... the latter decision "makes an inroad on the general principle that no one can confer a better right than he has got, and later decisions have generally shown a disposition to continue its application within narrow limits.” 11. It was further observed that the decision in Binad..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
....hority. In the facts and circumstances of the case there will be no order as to costs.
Ed.
Sultan Hossain Khan J.—I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 21
......r the Petitioner.
M. M. Hague, Asstt. Attorney General—For the Respondent.
Writ Petition No. 428 of 1981
Judgment
Abdul Wadud Chowdhury J. — This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Banglade..
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)
....orari jurisdiction under Article 102 of the constitution is not entitled to take a different view or reverse the finding of the enquiry committee on appreciation or review of the materials afresh as placed before the enquiry officer. The petitioner though in his explanation named cert......uring enquiry he has not requested the enquiry officer to have examined them. Further there was no allegation of partiality or bias against the Enquiry Officer….(5 & 6) Premature application for appeal can not be maintainable There is an appeal pending before the authoritie..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....aw-maker is that an advocate should gain legal training or experience before he is allowed to practice before this Court. 20. Now upon the petitioner's interpretation of the rule a fresh LL.M. Degree holder who has just got enrolled as an advocate should get the exemption of two y...... (Annexure-B to the petitioner). He was enrolled as an Advocate on the roll of the Bar Council on the 1st day of September, 1980 upon compliance with all legal requirements. The petitioner by an application dated 17-11-80 addressed to the Chairman, Bar Council prayed for permission to practice ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....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. ......the corporation refused to accept it by taking the plea that the court had decreed the mode of payment, namely, the entire quoted amount was to be paid in cash. This has caused confusion for which an application for review was filed before the court. A new fact was brought to the notice of the court..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....r P.W.9 nor P.W.10 was named in the first information report, nor were they cited in the charge-sheet nor were they examined by the police. They were not formal witnesses. They came to depose certain fresh facts which contain some serious allegations against the accused which can in dependently be m....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....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. ......for considering these points which however was not relevant for the disposal of the second appeal. Section 15 was considered at length and conclusion was reached that section 15 has no manner of application. Though section 17 was noticed but the learned Single Judge, it appears, has not cons..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....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 ......o jurisdiction to interfere with the decision and order of Court Martial except on limited grounds of Coram non judice and malafide— The jurisdiction of the High Court Division in an application in the nature of Habeas Corpus is to see if a person in custody is there in pursuance of..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....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 ......y of the Ministry, who heard their petitions rejected the same on the ground that as notices under section 5 of the Act have already been served, there is no scope for filing the revisional applications. 5. The petitioners of Writ Petition No. 65 of 1980 of the second group allege tha..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
..... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
......ticle 102 of the Constitution are directed against a judgment and order passed by the Second Labour Court. Dacca.
Facts in short are that the respondent No. 2 in all the Rules filed an application before the Labour Court under Section 25(1)(b) of the Employment of Labour (St..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
....c passport. He did not also change the profession shown in the gratis passport in order to reflect his correct status. Before expiry of the validity of the gratis passport (No. B134505) he obtained a fresh passport No. 183020 on 13-4-79 from Bangladesh Mission at Bonn, suppressing the fact of his al...... the hearing was concluded on 2nd April, 1981 and the judgment was reserved. After the Proclamation of Emergency on 30th May, 1981 the matter has been placed today for further hearing. By an affirmed application the petitioner has stated that in view of the Proclamation of Emergency suspending enfor..
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 ......nciples. There cannot be any precise definition or inflexible formula 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 a..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
....er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
......n of this court and the learned Vacation Judge, by his order dated 15.10.80 directed the release of three trawlers out of four and the trawler BT-102 was directed to be kept under attachment till the application for leave was disposed of by that Division. The appeal thereafter was taken up for heari..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....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 ......e High Court Division held that the act or conduct charged were not done in the exercise of powers or in discharge of his duties. I have found it difficult to accept the interpretation of law and its application. 16. Of the three charges found against the respondent the first and second are sim..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......he hearing of the suit. Thereafter he engaged Mr. Md. Nurul Huq senior Advocate of this court for conducting the suit. Mr. Nurul Huq on that date was engaged in the High Court Division and as such an application for adjournment of the case on that ground was filed before that court. The learned Subo..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....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 ......ee with the view in American Life Insurance Co Vs. Dacca Pourashava 31 DLR (AD) 276 where it was observed: "In the premises we find that the High Court Division had wrongly held that the application was maintainable and erred in setting aside the order of the controlling authority."..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
....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 ......ocate-For the appellant. First Miscellaneous Appeal No. 177 of 1975 Judgment Abdur Rahman Chowdhury J.- This appeal arises out of an order passed by the Subordinate judge allowing an application under section 47 of the Code of Civil Procedure in an execution proceeding. 2. We h..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....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. ...... letter itself would mean that he was selected by the Board but this argument loses its validity when the appointment letter is questioned on the ground of bona fide mistake. Mistake pre-supposes non-application of mind and in such case no right accrued to the respondent.........(6 & 7) ..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)
....g asked for, respondent furnished more particulars. Thereafter Taxation Officer, Narayanganj Range, revised the valuation of the holding at the Godnail Depot of the respondent, under Rule 10 and made fresh assessments for 16 years, that is 1957-58 to 1972-73, on the ground that valuation of the Oil ......and in mat view of the matter, it cannot be said that under Rule 10 an unrestricted wide power has been given to the Assessing Officer. We find no substance in this contention because the question of application of the Public Demand Recovery Act would arise only after a valid assessment has been mad..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
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