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Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....nt Board under the Prime Minister Secretariat," it appears, was initiated at the instance of and by Mr. Taheruddin Thakur, the then Minister of State for Information and Broadcasting with a note dated 5-12-74 after discussion with the then Prime Minister Mr. Sheikh Mujibur Rahman. On the basis ......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....rd under the Prime Minister's Secretariat" it appears, was initialed at the instance of and by Mr. Taheruddin Thakur, the then Minister of State for Information and Broad casting with a note dated 5.12.74 after discussion with the then Prime Minister Mr. Sheikh Mujlbur Rahman. On the basis ......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....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 ...... of law or procedure affecting the merits of the case. It could not be said to be a finding arrived at without consideration of the material facts and circumstances on which the trial Court based its decision. The finding as no the ancestry of a party is a finding of fact and need not be very lightl..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....; M.L. Bhowmik, Advocate-For the respondent No.4. Writ Petition No. 259 of 1980. Judgment S.M. Husain J. - In this Writ Petition the petitioners have challenged a memo No. S3-3/78 dated 14.2.80 issued by the Director General of Bangladesh Post Office causing seniority to one Aran......rayer in the writ petition challenging the constitutional validity of the Government Servants (Seniority of Freedom Fighters) Rules, 1979. Thus at present in this writ petition, the only question for decision of this Special Bench is as to whether the aforesaid Government Savants (Seniority of Freed..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....or share thereof can be made under section 90 of the Act. In this view the application for pre-emption must succeed. 11. In the result, this Rule is made absolute and the judgment and order dated 28-11-1977 passed by the Subordinate Judge, Jessore in Miscellaneous Appeal No.47 of 1976 are ......l Hoque— For Opposite Party. Civil Revision No. 54 of 1978. Judgment Sultan Hossain Khan J. — This Rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-emption und..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....ion or share thereof can be made under section 90 of the Act. In this view the application for preemption must succeed. 13. In the result, this Rule is made absolute and the Judgment and order dated 28.11.1977 passed by the Subordinate Judge, Jessore in Miscellaneous Appeal No.47 of 1976 are ...... Hoque, Md. Aminul Hoque - For the Opposite Party. Civil Revision No.54 of 1978. Judgment Sultan Hossain Khan J.- This rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-emption..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... respondents. Appeal from Appellate Decree No. 220 of 1977. Appeal against the decree of Mr. Md. Ibrahim, Special Judge, Court No. 1 and Ex-Officio Additional District Judge of Zilla Dacca dated 23rd day of October, 1976 passed in Title Appeal No. 181 of 1976 affirming the decree of Mr. A......and another Vs. Deonarain Prasad and others, 1956 S.C.A. 316. After noting that the learned Judge in Rajendra Nath's case referred to Binad Lal Pakrashi's case it was observed that the latter decision "makes an inroad on the general principle that no one can confer a better right ..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....land id suit originally belonged to his father. While his father was in possession of the same as owner he sold the suit land to defendant No.1 for a consideration of Tk. 1000/- by a registered deed, dated 20.10.58 and on the same day an agreement was entered into between the said transferee and the......lant. M. A. Jalil—For the Respondent. Second Appeal No.177 of 1979. Judgment Anwarul Hoque Chowdhury J. — This appeal at the instance of the Plaintiff is against the decision of the learned Subordinate Judge reversing those of the learned Munsif, 3rd Court, Dacca pa..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
....ash; This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against the Notification No. Per-1/5A-73/80-1151 dated 5th June, 1980 (Annexure-A) issued by the respondent No.2 retiring the petitioner under sectio....... He also contends that he approached the lawyer for filing a writ petition earlier but he was instructed that on useful purpose will be served by challenging the impugned order as there had been two decisions of the High Court Division upholding discriminatory compulsory retirement.
3. This pe..
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)
....D.C. 2. Facts in short are that while the petitioner was working as Clerk-cum-Store Keeper in B.A.D.C., Bhola Zone-I, Bhola, Barisal, Assistant Engineer of B.A.D.C., Bhola Zone, by a letter dated 23-12-77 issued a charge sheet against the petitioner alleging misappropriation of 9745 gallon...... 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. ..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
.... 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 in the High ......resent Rule. 8. The Secretary of the Bar Council has entered appearance and filed an affidavit-in-opposition. He has disclosed therein, that the Bar Council in its meeting held on 31-1-81 took a decision in the matter which is as follows:- "considered the representation of 27 LL...Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
.... that the entire consideration money amounting to Tk. 1, 14, 25,000/00 had been accepted by the Corporation form Madina Shipping Company. by way of bank guarantee. The court, however, by Order No. 52 dated 13-5-81 dismissed the review petition on the ground that "when the remedy is available in......hra Pradesh, (AIR 1964 SC 1872) the Supreme Court of India observed; “For there is a distinction which is real though it might not always be capable of exposition, between a mere erroneous decision and a decision which could be characterised as vitiated by "error apparent." A re..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......ver any right to secure their release. He argued that on the basis of the evidence on record the order of conviction and sentence passed against the accused appellant should be upheld. Relying on the decision in the case of Imran Ullah Vs. The Crown, reported in 6 D.L.R. (F.C.) 65, he argued, that i..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....r party to prove that it was not so. A plaintiff without proving his case prima facie would not as of right, get a decree in his favor merely because the contesting defendants were absent on the date of hearing …….......(5) Lawyers Involved: K. S. Nabt—For the appe......ppellant. Ruhul Amin—For the respondent. Second Appeal No. 7 of 1981. Judgment Anwarul Hoque Chowdhury J. — This appeal at the instance of the plaintiff is against the decision of the learned Sub-ordinate Judge, Noakhall affirming those of the Munsif, Third Court, Noa..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....sh; This appeal under Article 16(1) of the Bangladesh Collaborators (Special Tribunals) Order, 1972, hereinafter referred to as P.O. No.8 of 1972, is directed against the judgment and order dated 12-3-73 passed by Mr. R.K. Biswas, Sessions Judge and Member, Special Tribunal, Kushtia i...... the public from its office at Nimbasar Press. The Special Tribunal has completely overlooked the corroboration of defence plea by the aforesaid P.Ws. We record our respectful agreement with the decision reported in 26 DLR 183 that mere association with a Committee per se is not an offence unde..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
.... Advocate, B. K. Das, Advocate instructed by S. M. Huq, Advocate on-Record (absent) -For the Respondent No. 1. Civil Appeal No. 32 of-1981 (One appeal from the judgment and decree dated 7th August, 1979 passed by the High Court Division in Second Appeal No. 791 of 1965.) J......he legal notice from the "plaintiff had executed a kabala for his 1/3 rd share. It also took the view that the contract is void so far the defendant 2 is concerned. It, accordingly, affirmed the decision of the trial Court and dismissed the suit. 3. In the second appeal before the High ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....ly within the jurisdiction of an Appellate Court. In the given case the learned Attorney-General has drawn our attention to the declaration of suspension of rules under the Army Act by a notification dated 4th July, 1981 and the notice of joint trial under Rule 25 which authorised the joint trial of...... (2) (b); Art. 45 & 102 Scope of Enquiry and Interference in Habeas Corpus— Writ - Habeas Corpus--Court Martial- High Court Division has no jurisdiction to interfere with the decision and order of Court Martial except on limited grounds of Coram non judice and malafide&mdash..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
.... 3 of the East Bengal (Emergency) Requisition of Property Act, 1948, hereinafter referred to as the Act, simultaneously with notices under section 5(3) of the Act bearing the same date. They filed written objection to the Additional Deputy Commissioner (L.A.) Dacca, respondent No......poses, then the society shall surrender the land to the Government for release and restoration under section 8 of the Act. Clause 6 means, in our opinion, that before the Government makes a decision about the acquisition of the requisitioned property under sections5(6) of the Act, aft..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....o should be habitual. In the instant cases ex facie the charge is for negligence of duty and not for neglect of duty as it will appear from the. reading of the charge-sheet and the order of dismissal dated 21.3.75. Be it a charge of negligence of work or neglect of work, it is sure that it is not a ......dul Hannan in their services with 20% back wages and ordered termination of services of Master Abdulla u/s. 19 and 20 of the Employment of Labour (Standing Orders) Act, 1965. This decision of the Labour Court has been challenged in these Rules.
Mr. A. R. Yusuf with Mr. Akhta..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
.... 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 and circums......ve no right of investigation while considering his case for promotion. She has referred to the provisions of fundamental right as provided in Article 29 of the Constitution and has also referred to a decision in the case of Faijullah reported in (1981) 33 DLR 16. 4. The petitioner was appointed..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
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