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....party in the writ petition. The writ was issued against the Collector alone. It was held that the writ issued will not be effective because the Collector will not be in a position to carry out the mandate of the court. Mandamus will not go when it appears mat it would be futile in its result. In the......r about 7 hours without assigning any reason. The aforesaid officer asked Towab to go back as he would not be allowed to re-enter Bangladesh and the said officer also informed Towab that this was the decision of the Government of Bangladesh. Towab protested and requested the said officer either to a..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....efraud the complainant-appellants. Facts are that accused Amatun Nessa (acquitted since then) inherited 283/4 decimals of land which she sold to the appellant and his cousin by a registered sale-deed dated July 18, 1975 on consideration of Tk. 2500/- but after 10 days she again sold the same land to......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Bengal Water Ways Ltd & Another
.... I concur with the decision of Masud, J. Chowdhury A.T.M. Masud, J.— This appeal arises on grant of Special Leave to appeal preferred by the Appellants against the judgment and Order dated 28-7-78 passed by the High Court Division in Appeal No. 8 of 1977 reversing the Order of the C......, Advocates, instructed by Syed Sakhawat Ali, Advocate on Record—For Respondent 2. C.A. 37 of 1980 from Appeal No. 8 of 1977 Judgment K. Hossain, CJ: I concur with the decision of Masud, J. Chowdhury A.T.M. Masud, J.— This appeal arises on grant of Special ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....endant's case is that the plaintiff was to pay back the consideration within 30th Bhadra 1374 B. S.; that the plaintiff was entrusted with the writing of the terms of the agreement and he got the date of reconveyance inserted as 30th Kartick instead of 30th Bhadra 1374 B. S. in collusion with th......rt decreed the suit holding that the defendant executed the conveyance voluntarily and that the suit was barred by limitation as consideration for the reconveyance was tendered in time. On appeal the decision of the trial court was affirmed. 4. The relevant portion of the agreement of reconveya..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....een fulfilled and the bank is bound to make the payment without any further question and without reference to the contractor. As to what the purchaser is entitled to recover from the supplier as liquidated damage and /or penalty for the default of the supplier is a question between the purchaser and......defendant No.2 informed them that he had completed 82% of his supply and that in prospect of the balance there was a talk that the plaintiff would not accept the balance. D.W. 1 does not speak of any decision of the plaintiff as alleged. P.W.1 deposing on the side of the plaintiff denies that there ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....nstructed by B. Hossain, Advocate on Record—For respondent 2. C.A. 69 of 1980 from S. A. 164 of 1965 Judgment Shahabuddin Ahmed J.— The High Court Division by an order dated April 22, 1975 passed in Second Appeal No. 164 of 1965 set aside the concurrent judgments of t......ision accepted this contention and held that the "Civil Court was definitely prohibited from exercising its jurisdiction which exclusively vested in the High Court under section 61 and decisions of these courts below were quorum nonjudice" and in that view of the matter transferr..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....he quoted speech "is an eloquent testimony that he displayed zeal and ardour in favour of the then Military Ruling." 24. The Board perused the charges in June 1973 and the charge-sheet dated 21st June, 1973 were served upon Dr. Syed Sajjad Hossain when, he was in Dacca Central Jail. I...... between the charge and conclusion arrived at being vague and not conclusive, I omit from consideration the charge, though found by the Board against him. 5. As has been pointed out earlier, the decision of these two appeals depend upon true construction of the Article5 (b) of President..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....il Revision No. 325 of 1981. Judgment Abdul Wadud Chowdhury J. — This rule is directed against the judgment and order passed by the learned Additional District Judge, 4th Court, Dacca dated 20.12.79 in Misc. Appeal No. 306 Of 1979 affirming those dated 30.7.79 passed by the learned S......earned Judge of the High Court Division the plaintiff filed on appeal before the Appellate Division and the Appellate Division allowed the appeal and sent the case back to this court for corning to a decision after hearing both the parties in view of the fact that the order passed by the learned Sin..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....lant. Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.— For the Respondent No. 1 Civil Appeal No. 103 of 1980. (From the judgment and order dated 31-5 -79 passed by the High Court Division in Writ Petition No. 135 of 1980.) Judgment ......ddin Hossain CJ.—I have had the advantage of going through the judgments proposed to be delivered by my learned brother Badrul Haider Chowdhury, and Shahabuddin Ahmed, JJ. and I concur with the decision of Shahabuddin Ahmed, J. Fazle Munim J.—I have had tit privilege of going throug..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
....e nephew of the husband of the complainant petitioner before the Sub-divisional Magistrate postmortem examination of the dead body of Eksir Mia was held on 22-12-79. On 31-12-79 i.e. on the date of filing of the complaint, Mr. A.W. Sarker, Magistrate, 1st Class, Sunamganj examined the......, 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 ..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....979 which runs as follows :- “Whereas the grounds of objection of the Bangladesh Steamer Agents Association raised through their lawyers M/S. B. Ahmed & Co. in their No. B. 182/BA/1175 dated 20-8-79 in reply to the notice conveyed under this Ministry No. 1(33)/75-T. O. dated 11-8-79 h......s further stated by the respondent that most of the members of the appellant association are of foreign origin and as such it looks after the interest of their foreign principals. In pursuance of the decision of this court the respondent issued a show cause notice upon the appellant on August 11, 19..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)
....as 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 selected b......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. ..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)
.... from W.P. 222 of 1973 Judgment Chowdhury A.T.M. Masud J. — This appeal by special leave arises out of a judgment of a Bench of the High Court Division in Writ Petition No.222 of 1973 dated 1st. September, 1977. 2. Leave was granted for examining the question as to whether the H...... the holding from Tk. 54,822/- to Tk. 31,920/-. 4. Since the taking over of the business of Burmah Shell, the respondent has been paying the Urban Immovable Property tax on the basis of the said decision of the Assistant Commissioner. By a Memo dated 20th May, 1970, Taxation Officer, Narayangan..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
....me of issuance of the Rule from this Court on 7.6.79, the petitioner preferred an application for stay of further proceedings of O.C. Suit No. 5/77 which was granted by the learned Munsif by an order dated 28.7.79. The petitioner, therefore, by his own conduct has shown that he is not intereste......arding the petitioner's application in 1979 for staying further proceedings of O.C. suit No. 5/77, Mr. Nurullah submits that this application was preferred so that, in case a favourable decision of this Court is obtained, the entire question of removal can be agitated before the Court ..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....Court allowed the petition and directed the second party" to calculate and to pay subsistence allowance equivalent to half of his wage upto 6.6.77 and full wages with effect from 7.6.77 till the date of termination of the departmental proceedings. "It is clear that the respondent invoked S......ion that the DIT is a commercial establishment and the respondent No. 2 is a worker within the meaning of the Employment of Labour (Standing Orders) Act, 1965 and accordingly granted the prayers. The decision of the Labour Court was challenged by way of writ petition by the DIT. The High Court Divis..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......tue of the notification of 3rd December, 1965 the transfer even by a will was prohibited, and so the prayer for grant of Letters of Administration could not be sustained and in that view reversed the decision of the trial Court and allowed the appeal and dismissed the suit and the question set out e..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... the learned Counsel tried to show that the merit of the appellant as a doctor was undoubtedly recognised even by the Government the paragraph reads as follows: "As matter of fact the order dated 21.11.78 by the respondent No. 2 in the file at note sheet Page 2 relieving the petitione......ry manner; (iv) discretionary power was not necessarily discriminatory and abuse of discretion was not to be easily assumed where discretion vested in. the government; (v). a long series of decisions of superior Courts in India and Pakistan upheld the discretion of the Government to order ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....shy;tion for execution of a decree and as such it is not governed by Art. 182 but it is governed by Art. 181 of the Limitation Act. Right to apply for restitution accrues under Art. 181 from the date of the final decree when appeal is preferred from appeallate decree of reversal and not from th...... as such restitution is not a part of an execution proceeding, nor is it in the nature of an execution proceeding. In support of this contention Mr. Ahmed has relied upon a number of Indian decisions, particularly the following cases: Parmeshwar Singh Vs. Sitaldin Dube, AIR 1934 All 626(FB..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....emises was about to be taken over by the Custodian of Enemy Property and proforma-defendant 3 moved the authority concerned for release of the same and get the property released by an order dated 18-8-66. Defendants 1 and 2 on getting scent of aforesaid order of release of the suit promise......t. As a proposition of law, the submission of Mr. Pal is sound, but from the findings of the two Courts below, we find it difficult to accept the challenge to the soundness of the learned judge's decision. As has been observed that if the first question of the leave order does not stand, the sec..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
.... the Constitution, the petitioner has challenged decision of the Bangladesh Chemical industries Corporation dismissing the petitioner from the service of the Corporation communicated to him by letter dated 16th February, 1978 by the Acting Chief of Personnel of the Corporation. 2. The petitione......n, Advocat-For the 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 servic..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
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