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Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
...., Advocate-on-Record- For the Respondent No. 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 co......e Acquisition and Tenancy Act, 1950. 2. The short question for consideration in this appeal is whether the learned Single Judge of the High Court correctly appreciated the ratio decidendi of the decision of this Court in Motilal Sikder Vs. Benodini Dasi, 28 DLR (AD) 5 and whether the same has b..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....t Petition No. 992 of 1978 Judgment S.M. Hussain J.-This Rule arising out of an application under Article 102 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 Ministr......d any payment of any outstanding bills that might be rendered by the petitioners on account of any contract with such bodies and organisations. This impugned notice was followed by an unilateral decision of the respondent No.2 intimating the petitioners on 29th September, 1978 about their inclu..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
.... Revision Case No.1027 of 1980. Judgment AM Mahmudur Rahman J. - This Rule arises out of an application under section 115(1) of the Code of Civil Procedure and is directed against the Order dated 28.5.80 passed by the learned Subordinate Judge, 1st Court, Barisal in Miscellaneous Appeal No......g the nature of the land, whether the land is agricultural or non-agricultural, is the initial purpose either for taking settlement of land or for purchase of the same. This view finds support in the decision of a Division Bench of Dhaka High Court in the case of Lutfun Naher Vs. Syeda Hashmat Ara r..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
....n the aforesaid fifteenth day of the following month by money order. If the rent remitted by money order is refused, the tenant can deposit the rent with the Rent Controller within fortnight from the date of the receipt of the undelivered rent sent through the postal authority, and when these condit......ned Single Judge of the High Court Division, who on finding some conflicting decisions on the question of default, referred it to the Division Bench, which on consideration of several other decisions held that payment of four months' rent namely, Agrahayan, Pous, Magh and Falgoon of wh..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....ite parties. Civil Revision No. 1488 of 1979 Judgment delivered A.M. Khan Chowdhary J.- This rule was issued calling upon the opposite parties to show cause why the judgment and order dated 11.12.79 passed by District Judge, Dacca in Misc. Appeal No. 414 of 1979 staying the order of ......med the ad-interim order of injunction granted by the learned Munsif as the damage to be caused cannot be compensated by money nor it can be calculated in terms of money. He has relied on 3 decisions, namely, PLD 1960 Dacca 153, AIR 1936 Patna 456 and AIR 1939 All 280. 4. Mr. Rafiqul ..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....ployer fails to give a decision under clause (a) or if the worker is dissatisfied with such decision, he may make a complaint to the Labour Court having jurisdiction, within thirty days from the last date under clause (a) or within thirty, days from the date of the decision, as the case may be unles......sdiction to interfere with the findings of a domestic tribunal. 2. The High Court exercising its writ jurisdiction in the nature of certiorari had no jurisdiction to interfere with the decision of the Labour Court, because the Labour Court acted within its jurisdiction in holding the ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....7 of 1966) Appeal from Appellate Decree Nos. 27 of 1966 and 443 of 1966 Judgment Mustafa Kamal J. - These two second appeals have been preferred against a single judgment of affirmance dated 31.3.65 passed by the Subordinate Judge, Second Court, Sylhet. 2. The plaintiff Dhamai Te......on the finding that the defendant No. 1 occupied the quarters and the land as a licensee and not as a tenant of the plaintiff. 6. The plaintiff preferred Title Appeal No. 441/61' against the decision in T.S. No. 76/58 and the defendant No. 1 preferred Title Appeal No. 432/61 against the dec..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)
....—For opposite party No. Civil Revision No. 614 of 1979 Judgment Shahabuddin Ahmed J.- This rule under section 115 of the Civil Procedure Code calls in question an order dated 30-4-79 of the District Judge Tangail, in Misc. Appeal No. 34 of 1978 reversing an order of te......erved that whether the appointment of defendant Nos. 1 and 2 was in respect of the same area or not is itself the subject matter of the suit and as such temporary injunction would result in the final decision .of the suit itself. In that view of the matter the learned District Judge revised the lear..Category: Family Law | Date: 30 Nov, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....ions should not be directed to withdraw and/or cancel the impugned notifications. 3. Annexure 'C' 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......hy;sideration of the Government and till that is done, it cannot be said that there is any rule of seniority. 17. It was further stated in the affidavits-in-opposition that there is a Government decision being decision of Council Committee of Ministers dated 8-6-77 to the effect that no per..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....ur of the plaintiffs and accordingly he filed an application on 2.12.68 before the Income Tax authority for Income Tax Clearance Certificate to which the Income Tax Authority replied by a letter dated 21.12.68 asking the donor to deposit a sum of Rs. 7,500/ as gift tax. Unfortunately, the ......re any title to the property. Upon these findings the learned Subordinate Judge dismissed the suit and allowed the Succession Certificate case. This appeal is directed against the aforesaid decision of the learned Subordinate Judge. 6. Mr. Khondker Mahbubuddin Ahmed with Mr. Md. Shafi..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....-on-Record—For the Appellants. S.S. Haider, Advocate, instructed by Aminul Huq, Advocate-on Record—For the ResponÂdent, Civil Appeal No. 32 of 1979. (From the Judgment and Decree dated 15-12-76 passed by the High Court in F.A. No. 195 of 1974) Judgment K. Hossain CJ.â...... the nature and character of possession the rights acquired by the parties will determine the remedies available to him. 7. Multiplication of these instances is unÂcalled for, but, one relevant decision for our purpose may also be referred to: Musammat Sundar Vs. Musammat Parbati 16 IA 187 is ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....14 of 1978.
Judgment
Shahabudin 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. Mi......m for pension. In these circumstances, the Court held that the petitioner was entitled to protection of Article 311 of the Indian Constitution.
11. Mr. Paul has referred to this Indian decision particularly to meet some new questions raised by the respondents in their supplementary af..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....aruque Ahmed—For the Petitioner. A. Hasib—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,......ed against an order dated 27.7.78 of respondent No. 5, Joint Secretary, Bangladesh Agricultural Development Corporation, briefly the Corporation communicating to the petitioner the. Corporation's decision demoting him from his post of Assistant Manager in junior executive grade to the post of Of..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
....pondents.
Writ Petition No. 159 of 1978
Judgment
Shahabuddin Ahmed J.- This rule under Article 102 of the Constitution calls in question the legality of a notice dated 15.11.77 (Annexure-F) of the Chairman, Baintala Union Parishad, under P.S. Ramphal, District K......cer.' of the government concerned committed gross contempt of Court by obstructing the course of Justice in a matter which is subjudice. In support of this contention Mr. Rahman has relied upon a decision of the Patna High Court, 50 Crl Law Journal, (1949) 474 and also a decision of this Court i..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....ondent 7-8. C. A. 73 of 1979 from W. P. 494 of 1979 Judgment Ruhul Islam J. - This appeal by special leave is directed against the judgment and order of the High Court Division dated February 22, 1979 in Writ Petition No. 494 of 1978. 2. The appellant filed the Writ petit......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
....portunity of establishing his case before the Labour Court. Since we propose to send it back on remand we do not think it advisable to go into merits of the case. 7. In the result, the impugned order dated 30.10.72 passed by the Labour Court, Khulna in Industrial Relations Ordinance Case No. 22 of 1...... 1965 and as such the finding of the Labour Court without any evidence on record that the petitioner was not a worker, could not be sustained. 5. It appears that the Labour Court has relied on a decision reported in P L D 1970 Dacca 707 and held that petitioner being a Supervisor under Responde..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ......f 1967 Judgment Abdul Wadud Chowdbury J. - This Rule arises out of a proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act and is directed against the concurrent decision of the Courts below allowing pre-emption. This rule was issued for examination of the quest..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....e—For the Respondent. Writ Petition No. 438 of 1978. Judgment Shahabuddin Ahmed J. - This rule under Article 102 of the Constitution is directed against an order dated 13.4.78 of the respondent, the Bangladesh Trading Corporation, briefly, the Corporation, remov......the statute, the P.O. No. 68 of 1972. The position of the petitioner is, however, not that of an employee under a private employer governed under the ordinary law of "Master and Servant". A decision of the Appellate Division in the case reported in 29 DLR 41 is the guiding principle in res..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....
Chowdhury A. T. M. Masud J.-This Rule was issued calling upon the respondents to show cause as to why the order of compulsory retirement of the petitioner as contained in Annexure "F" dated 11-12-76 and "G" dated 28-12-76 passed by the respondents should not be declared to ...... communicating statement of the allegation on which the charge is based is to give the person affected notice of all relevant facts which the authority might take into consideration before taking any decision and as such on furnishing the statement of the allegation as provided under Rule 5(e) (1) w..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....irman. Water Development Board (Respondent No.2) on 28.7.76, against which the petitioner served a notice of demand for justice on 17.9.76. Thereafter the petitioner was suddenly served with an order dated 17.2.77 by respondent No.1 purporting to retire him from services with effect from 1.3.77 unde......commended by his superior officers and the proposal with all necessary papers was forwarded by the superintending Engineer on 19.10.74 but the papers went round from one office to another without any decision till he received the order dated 11.6.77 regretting the Government's inability to allow..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
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