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Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)

....ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ......ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ...... Administrator of Waqfs & others…………………..Opposite parties Judgment January 13, 1981. Result: The Rule is made absolute. Lawyers Involved: M. Nurullah, Advocate-For the Petitioner Habibur Rahman with Ahmed Nuru..

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)

....our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs.  Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462   ......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs.  Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462   ...... misconduct in a proceeding u/s 34 of Industrial Relations Ordinance, 1969--Terms and conditions of such employees are regulated by Town Improvement Act and rules ……….. (13) Lawyers Involved: Amir Hossain Khandker, Advocate, instructed by S.M. Huq, Advocate-on-Rec..

Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0

Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....onal, if the case in which the question is raised can be properly dis­posed of in some other way. I, therefore, refrain from striking down the section as unconstitution­al in adherence to the principles set out herein. Fazle Munim J. - This appeal arises from the judgment and order of a......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140   ...... Tara Singh State of Rajsthan, AIR 1975 SC 1487; Shyamlal Vs. State of U.P., AIR 1954 SC 369; Shiva Charan Vs. State of Mysore AIR 1965 SC 280; Bisnunarayana Vs. State of U.P., AIR 1965 SC 1967. Lawyers Involved: Islam, Zamiruddin Ahmed and K Z. Alam, Advocates, instructed by Md. Sajjadul ..

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6

Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)

....which provides that for an application for execution of a decree the period of limitation of three years begins "where there has been an appeal, from the date of the firtal decree." On that principle, the application for restitution was found to have been filed within the period of limitat......preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131   ...... Nath Marwari, AIR 1922 PC 269;Hari Mohan Dalai Vs. Permeswar Shanu, AIR 1932;Cal 308, Atul Chandra Sinha Vs. Kunja Behary Sinha, 27 CLJ 451 (1970), Nagendranath Dev Surendra De, ILR 1933 Cal 1. Lawyers Involved: Syed Ishtiaq Ahmed, Sr. Advocate, instruct­ed by Abu Backkar, Advocate-on..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2

Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)

....e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151   ......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151   ......act. The Small Causes Court has no jurisdiction to go into the question of title, except incidentally…… (4) Case Referred to- Ahmed Shah Khan Vs. Abdul Barkat, 11DLR 427. Lawyers Involved: S.R. Pal, Sr. Advocate, with B.N. Chowdhury, Advocate, instructed by A. Rab I..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1

Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)

....he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......ip;…….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, 1980. Result: The petition is dismissed. Martial Law Regulation No. 1 of 1975, Regulation No.4(4) Whether the Government's power of review ..

Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53

Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)

....orporation. 4. So far as the proceeding taken by the authority of the Corporation in dismissing the petitioner from service is concerned, there has not been any non-compliance of any rule or any principle of natural justice as such since the petitioner was given full opportunity to defend himse......ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86.   ......together. The petitioner being an employee of a corpo­ration set up under the authority of P.O. 27 of 1972 is an employee under the State to be called a State employee as such…....(6) Lawyers Involved: Md. Nurullah with Mahbubul Hue Advocates-For the Petitioner. Md. Khalilu..

Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2

Abdul Bari Vs. State, 1980, 9 CLC (HCD)

....case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52   ......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52   ......ellip;…………………………..............opposite party Judgment November 18, 1980 Result: The Rule is discharged. Lawyers Involved: Abdul Malek, Advocate-For the petitioner. S.K. Sinha, Advocate-For oppos..

Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1

Mansurul Aziz & Another Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others, 1980, 9 CLC (AD)

....e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ......ng a private property under s.3 of the Act cannot be sustained. Arbitrary exercise of power is itself mala fide, that is malice in law………………..(6-9) Lawyers Involved: Shaukat Ali Khan, Advocate, instructed by Santiranjan Karmaker, Advocate-on-R..

Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2

Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)

....he case of Kapti Ram Shil Vs. Sumitra Devi (1) and in the case of Mosharaf Hossain Vs. Bangladesh Jute Industries Corporation (2) the injunction granted by the High Court Division was done of correct principles. 4. So far as the case of Mosharof Hossain is concerned, it is to be observed, that ......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57   ......rder………… (5) Case Referred to- Kanti Ram Shil Vs. Sumitra Devi, 16. DLR 272; Mosharraf Hossain Vs. Bangladesh Jute, Industries Corporation, 29 DLR (SC) 168. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record-For the Appellants. Md. Aftab Hossa..

Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1

Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)

....ircumstances of the composition and organisation of the school it clearly appears that this school is not in conformity with the national edcation policy of the Government pursuant to the fundamental principles of the State Policy. This would be clearly evident from the notification made by the Educ...... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30.    ......hellip; Petitioners Vs. Bangladesh & others……………..Respondents Judgment September 11, 1980. Result: The rule is made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Kairul Huq, Advocates-For the petitioners. S.R..

Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7

Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)

....he defendants 10-17 will be struck of the decree. The order of the learned Munsif for resto­ration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ......he defendants 10-17 will be struck of the decree. The order of the learned Munsif for resto­ration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Ali Ekabbar and others…………………………Opposite Parties Judgment September 11, 1980. Result: The Rule is made absolute. Lawyers Involved: Md. Ayub - For the Petitioner. None - For the Opposite Parties.  Ci..

Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29

Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)

....rney in the manner indicated above and in accor­dance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86     ......rney in the manner indicated above and in accor­dance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86     ......- Goods of A. J. Primrose. 16 Cal 776, Cook Vs. Wilby, 25 Ch. D. 769; Bengal Friends & Co. Vs. Gour Benode Shaba, PLD 1969 SC 477; Sardar Singh Vs. Pissumal H. Bankers. AIR 1958 AP 107. Lawyers Involved: M. G. Rabbani, Advocate, instructed by B. C. Panday-For the Appellants. ..

Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3

Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)

.... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56       ...... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56       ......Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; Zinda Ram Lai Vs. Ramrup Das and others. AIR 1935 Pat 231; Promode Kumar Ray and others Vs. Kali Mohan Saha Pramanik and others; 27 CWN 303. Lawyers Involved: B.N. Chowdhury with Kazi Ebadul Haq, Advocates-For the Petitioners. Md. ..

Category: Property Law | Date: 26 Aug, 1980 | Hits: 2

Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)

....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ......S.P.A. Vs. Thurmann Neilson, (1952)2 QB 84; Unimarine S.A. Panama through Local Agent Bengal Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: Faqueer Shahabuddin Ahmed with Moazzammel Huq Bhuiyan, Rabia Bhuiyan and Shah..

Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1

Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)

....ed order calls for no inter­ference by this Court. The rule is accordingly discharged with­out any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......ed order calls for no inter­ference by this Court. The rule is accordingly discharged with­out any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......uhammad Khan, Lal Khan, AIR 1951 Nag 54; Mangilal Nandram Vs. Zamghagu, AIR 1941 Nag 289; Laksmia Naidu Vs. Krisnaswami Naidu, AIR 1935 Mad 286; Maruti & others Vs. Rang-anath,AlR 1955 Hydl. Lawyers Involved: Raflqul Huq with Md. Aminul Huq, Advocates -For the Petitioners. SR. Pal..

Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1

Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)

....Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267   ......Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267   ....................Petitioner Vs. Md. Serajul Islam & others…………Opposite party Judgment August 1, 1980. Result: The Rule is made absolute Lawyers Involved: Md. Amir Hossain—For the Petitioner. Md. Ruhul Amin—For the ..

Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1

Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)

....ncome Tax Act. The question raised in this application having been answered in the affir­mative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ncome Tax Act. The question raised in this application having been answered in the affir­mative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......pondent Judgment July 22, 1980 Result: The application is rejected. Case Referred to- 36 I.T.R. 1975, 37 I.T.R. 381, 38 I.T.R. 222, 56 I.T.R. 400 and 80 I.T.R. 167. Lawyers Involved: Habibul Islam Bhuiyan, Advocate-For the Applicant Rafique-ul-Huq with T...

Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2

Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)

....of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ......of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ...... 9 Bom L.R. 883; Jeun Muchi Vs. Budhiram Muchi, 32 Cal 339; Suraj Prosad Vs. Baldeo, AIR 1928 All. 111; Misa Pramanik Vs. Khatu Sonar, 54 CWN (DR) 67; Abdul Sheikh Vs. Mohammad Ayub, 24 CWN 380. Lawyers Involved: Anil Chandra Sarker, Advocate, instructed by B.C. Panday, Advocate-on-Record-..

Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1

Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)

....ity of the decree. 5. There is no dispute, that the proposi­tion that has been laid down in the Calcutta Full Bench’s case is well settled.  What re­quires is the application of the principle of the facts of a particular case. It is now well established that the decree be without ......he appeal, set aside the order of the High Court Divi­sion and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in:   ......atikar, 6 D.L.R. 595; Shah Wall Vs. Ghulam Din, 19 D.L.R. (S C) 143; Lala Tripati Prokash Nandi Vs. Bireswar Lal Marwari, 55 C.L.J. 114; Gorachand Haider Vs. Prafulla Kumar Roy, 29 CW.N. 948. Lawyers Involved: Abdus Salam Khan, Advocate, instructed by Md Aftab Hossain, Advocate-on-Rec..

Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221