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Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)

.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116   ......Pradhan AIR 1930 Gal. 738; Harihar Prasad Singh Vs. Deonarayan 1956 SC A. 316 ; Binad Lai Pakrashi Vs. Kalu Pramanik. (1890) 20 Cal. 708; All India Film Cor. Vs. Shri Raja Cyan (1970) 2 SCR 581. Lawyers Involved: Khondker Mahbubuddin Ahmed, Mahbubey Alam, Quashem Faziul Hug Khan, Mirza Hos..

Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10

Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)

.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51         ......13; Jalil Ahmed Vs. Raish Mia,  20 D.L.R at page 80; Ratish Chandra Vs. Hara Krishna Goldar, 15 D.L.R. at page 654;  Majada Khatun Vs. Rabindra Chandra Roy, P.L.D. (Dacca) at page 112. Lawyers Involved: Md. Yasin—For the Appellant. M. A. Jalil—For the Respondent..

Category: Property Law | Date: 7 Dec, 1981 | Hits: 2

Dr. Abu Ahmed Chowdhury Vs. Bangladesh represen¬ted by the Secretary of the Ministry of Health and Population Control and others, 1981, 10 CLC (HCD)

....presen­ted by the Secretary of the Ministry of Health and Population Control and others......................................Respondents Judgment December 2, 1981. Result: The Rule is made absolute. Compulsory Retirement of Government Servant – No materials w......ior motive…….(4 & 5) Cases Referred To- Dr. Nurul Islam Vs. Bangladesh, 1981 BLD (AD) 140; A.K.M. Arshad Ali Vs. Govt. of Bangladesh in Writ Petition No. 195 of 1981. Lawyers Involved: Syed Istiaq Ahmed with Mahmudul Islam—For the Petitioner. M. M. Ha..

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)

....— For the Petitioner. A. Hasib, Advocate with A. Tariq, Advo­cate— For the Respondents. Writ Petition No. 297 of 1980. Judgment Sultan Hossain Khan J.— This Rule un­der Article 102 of the Constitution is directed against an order of dismissal passed by ......s premature and not maintainable. We however, are inclined to observe that any of our observations as re­gards the merits of the………………….. (7) Lawyers Involved: Moinul Hossain, Advocate with Joynal Abedin, Advocate— For the Petition..

Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2

Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)

....llip;…………Petitioner Vs. Bangladesh Bar Council……………Res­pondent Judgment November 17, 1981. Result: The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitione......lip;…Petitioner Vs. Bangladesh Bar Council……………Res­pondent Judgment November 17, 1981. Result: The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitioner in person. MA Mann..

Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

.... the court by way of an application." 5. Mr. Rafique-ul-Huq, the learned Counsel appearing for the appellant canvassed that the High Court Division had misinterpreted the scope of Order 47, Rule 1 C.P.C. He submitted that decree is the formal expression of adjudication and, there......amp; 12) Case Referred to- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; B.R. Bhuiyan. Vs. B.S. Corporation, 1981 BLD 320. Lawyers Involved: Rafique-ul-Huq, Sr. Advocate with, Aminul Huq, Advocate, instructed by&n..

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   ...... evidence against the accused appellant both as regards fact and law and to substitute its own finding…….(8) Cases Referred To- Imran Ullah Vs. The Crown, 6 DLR (F.C.) 65 Lawyers Involved: Abdul Malek —For the Appellant. Marfat Ali —For the State. ..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3

Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)

....affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255     ......ntiff 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 appellant. Ruhul Amin—For the respondent...

Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

..../-, 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.     ......hellip;…………State Judgment November 3, 1981. Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali..

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.   ...........Respondents Judgment October 28, 1981. Result: The appeal is allowed. Case Referred To- Harendra Chandra Das Vs. Nanda Lal Roy, 36 C.W.N. 1002. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, B. B, Roy Chowdhury, Senior Advocate, ..

Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234

Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)

....ng of the Constitution shows, that Bangladesh Constitution envisages a State, whose fundamental aim is to realise through the democratic process a society, free from exploitation society in which the Rule of Law, fundamental human rights and freedom, equality and justice, political, economic and soc......981 BLD (AD) 378; Khandker Ehteskamuddin Ahmed Iqbal Vs. State, 1981 BLD (AD) 107; Attorney General for the Province of Ontari Vs. Attorney General for the Dominion of Conada, (1912) A.C. 571. Lawyers Involved: For Appellant/Petitioner/Plaintiff: M.H. Khandker, Sr. Advocate, with&nb..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

....ts 3 and 4. Writ Petition Nos. 5, 30, 31, 32, 33, 39, 40, 86, 87,90, 91, 112, 133, 134 and 135 of 1980, 65 & 96 of 1980, 155 of 1980. Judgment Mustafa Kamal J.—These eighteen Rules under Article 102 of the Constitution were obtained by persons owning various plots of land in......oosa Haji Vs. Province of East Pakistan 12 D. L. R. (Dacca) 236; Mohammad Shamsur Rahman vs. Province of East Pakistan 14 DLR 604; Tej Ram Jag Ram Vs. Union of India AIR 1059 Punj 478. Lawyers Involved: Fakir Shahabuddin Ahmed, with Mohammad Ali, Abu Backker, Syed Abu Nayeem, Adv..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Managing Partner, Messrs, Bank Line Na¬vigation Company Vs. Chairman, Second La-bour Court, Dacca and other, 1981, 10 CLC (HCD)

....ioner Vs. Chairman, Second La­bour Court, Dacca and other………Respondents (In Writ Petition No.285 of 1980). Judgment August 13, 1981. Result: The Rules in Writ Petition Nos. 6 and 8 are made absolute. The Rule in Writ Petition No. 7 is disch......-section (3) of section 17 of the Employment of Labour (Standing Orders) Act………(6) Cases Referred To- AIR 1963(SC) 1756; AIR 1957(SC) 32633 DLR page 149. Lawyers Involved: A.R. Yusuf with Akhtar Imam—For the Petitioner (In Writ Petition Nos. 6..

Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2

A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)

.... Chairman, BADC & others………………………………Res­pondents Judgment July 28, 1981. Result: The Rule is discharged. Considering the matter of promotion of employee to the next higher grade- ...... after full examination or investigation into his aca­demic qualifications…………………(5) Case Referred to- Faijullah, (1981) 33 DLR 16. Lawyers Involved: Rabia Bhuiyan with AKM Mozammel Huq Bhuiyan, Advocates— For the Petitio..

Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....ople's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dacca...........Respondents Judgment July 23, 1981. Result: The Rule is made absolute. Passport Act (XXXIV of 1920), ss.3, 4, 5--Bangladesh Passport Order (P.O......irst Assistant Judge, Hyderabad, W.P. (PLD 1960 Kar 826); Sabir Ahmed Chowdhury Vs. The Province of East Pakistan (PLD 1960 Dac 1025); M. A. Khaleq Vs. Pakistan (PLD 1957 Dac 437 (447) Lawyers Involved: Mainul Has sain, K Z. Alam, Md. Joynul Abedin, Advocates—For the Petiti..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)

....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 ...... allowed Penal Code (XLV of 1860), Section 464 Forgery Anti-dating of a Kabala to show that it was executed earlier to defraud the holder of the earlier Kabala amounts to forgery. Lawyers Involved: M. Golam Rabbani, Advocate, instructed by B.C. Panday, Advocate-on-Recor..

Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0

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     ......ompany, 17 D.L.R. (S.C.) 52; Loch Vs. John Blackwood Ltd. 1924 (A.C) 783; Ebrahimi Vs. Westboume Galleres Ltd. 1972(2) All. E.R. 492; In re Yenidje Tobacco Company Limited, (1916) 2 Ch. 426 Lawyers Involved: K.A. Bakr, Sr. Advocate, with Ataur Rahman Khan, Advocate, instructed by..

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)

....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49   ......he State, 19 D.L.R. 381; Safiruddin Kazi alias Safiruddia Vs. Moslem Ali Howladar and others 12 D.L.R. 266; Midnapur Zamindari company Ltd. Vs. Jogendra Kumar Bhoumik and ors. I.C. (Vol. 62) 491 Lawyers Involved: Md. Jane Alain—For the Appellant. No one—For the Respondent..

Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2

Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)

.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17.       ...... Scale Co. Ltd. Vs. Polimex Cakop & National Westminister Bank Ltd. 1978 L.I.L. Rep. 166; Edward Owen Engineering Ltd Vs. Barclay's Bank International Ltd. & another, (1978) Q.B. 159 Lawyers Involved: Asrarul Hossain with Abdul Azim , Advocates- For the Appellant ..

Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2

Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)

....irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......2 Banking Companies Ordinance - Winding up order made— A matter pending before the High Court Division or Appellate Division on appeal cannot be transferred to the Company Judge. Lawyers Involved: M.H. Khandker, Sr. Advocate, with B.K. Das, Advocate, instructed by ..

Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0