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....hority. In the facts and circumstances of the case there will be no order as to costs.
Ed.
Sultan Hossain Khan J.—I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 21
......not apply its mind as to why amongst 34 doctors who completed 25 years of service the petitioner should be singled out for compulsory retirement--Such retirement must be held to be discriminatory and ordered with ulterior motive…….(4 & 5)
Cases Referred To-
Dr. Nurul Isla......ill be no order as to costs.
Ed.
Sultan Hossain Khan J.—I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 21
......n
(Special Original Jurisdiction)
Present:
Abdul Wadud Chowdhury J
Sultan Hossain Khan J
Dr. Abu Ahmed Chowdhury…………………Petitioner
Vs.
Bangladesh represented by the Secretary of the Ministry of Health and Popula..
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)
.... 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. ......artiality or bias against the Enquiry Officer….(5 & 6) Premature application for appeal can not be maintainable There is an appeal pending before the authorities against the order of dismissal & since an appeal is pending being a remedy available under statutory rules t......cts 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. ...... (Special Original Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Res..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ...... Syed Ishtiaq Ahmed and Khondker Mahbub Uddin Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. Judgment Abdur Rahman Chowdhury J. — While concurring with the order passed by my learned brother I propose to add a few words of my own. In course of hearing of t...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......cial Original Jurisdiction) Present: Abdur Rahman Chowdhury J ATM Afzal J Kazi Habibul Awal…………………………Petitioner Vs. Bangladesh Bar Council……………Respondent ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......ed but since the sellers were not willing to perform their part of the contract the plaintiff appellant filed the suit and it was decreed by the trial Court. In the judgment of the trial Court in the ordering portion it is stated that the defendant is directed to deliver the suit vessel to the plain...... This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......al facts are a follows: The appellant was the highest bidder for the sale of a vessel named "SS BANGLAR MUKTI" and the respondent accepted the offer of the appellant along with the earnest money, The terms of the payment was 25% of the quoted amount to be paid in case, rest 75% by furnishi..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 ......th witnesses, that accused Emaj and Seraj were wrongfully confined and that the accused party men had ever 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 t......ourt records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ...... Police Station and lodged F.I.R. at 11-40 hours narrating the part of occurrence he had been and requesting the police to come immediately to arrest the accused person. While P.W.3 Nazrul Islam had gone away to Thana, accused appellant Nabiruddin along with other accused party men came in a body an..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 ...... The initial onus that was upon the Plaintiff to prove had not been discharged by adducing the primary evidence, namely, the original document itself for enabling the court to examine the document in order to be satisfied prima facie as to its genuineness by comparing the signatures of the plaintiff......lip;…………………Respondent Judgment November 6, 1981. Result: Appeal is dismissed Burden of Proof—Presumption of Good Faith in Human Transaction as a Presumption of Innocence in Criminal Matters— The burden of pro......ind no illegality committed by the courts below in arriving at the concurrent finding to the effect that the initial burden of proving the case prima facie was upon the plaintiff and having not been done by the plaintiff. In spite of opportunities given, the plaintiff cannot get a decree ex parte. ..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. ......J.— 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, Kus......nt for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. .......W.1 to Pak Military at the police line where P.W.1 was kept confined and was interrogated by a Major who charged him with helping the Bangladesh movement. P.W.1 was mercilessly beaten and after one week he was sent to Chuadanga where he was produced before a Major who also charged P.W.1 with h..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. ......eal is allowed. The suit is decreed to the extent of 2/3rd share of both the defendant 1 and 3 on payment 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. &nb...... order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ......, accordingly, affirmed the decision of the trial Court and dismissed the suit. 3. In the second appeal before the High Court it was contended by the appellant that the contract is divisible one and it can and ought to be enforced against the defendants 1 and 3 in respect of their 2/3 rd s..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ....... 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— ...... execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......Keeping all these factors in view, all that can be said is the ground on which a decision of a Court Martial set up under the Army Act can be challenged by Habeas Corpus petition will be analogous to one we have already conceded to be available under sub-article (5) of Article 102 of the Constitutio..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....he requisitioned property under sections5(6) of the Act, after receiving the report of the Deputy Commissioner together with the case records under section 5(5) of the Act, and, before publishing its decision to acquire the property under section 5(7) the Government shall ex......Acquisition Officer. Dacca, respondent No. 3. They preferred separate appeals before the commissioner, Dacca Division. The Additional Commissioner Dacca Division rejected their appeals by a composite order. They preferred revisional applications before the Minister, Land Administration and Land Refo......d till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......iginal Jurisdiction) Present: Amirul Islam Chowdhury J Mustafa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Admi..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
..... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
...... to 8 and 285 of 1980.
Judgment
Sultan Hossain Khan J.— The Rules in Writ Petition Nos. 6-8 of 1980 under Article 102 of the Constitution are directed against a judgment and order passed by the Second Labour Court. Dacca.
Facts in short are that the respondent No. 2 in......these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
...... Division
(Special Original Jurisdiction)
Present:
Abdul Wadud Choudhury J
Sultan Hossain Khan J
Managing Partner, Messrs, Bank Line Navigation Company.............Petitioner
Vs.
Chairman, Second Labour Court, Dacca & another…….Responden..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....ule. This Rule is accordingly 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) 97. ......tes— 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 certain orders of promotion superseding the petitioner, directing a committee to examine the certificat......acts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ......ul Wadud Chowdhury J Sultan Hossain Khan J A.H.M. Aminur Rahman………………………………………Petitioner Vs. Chairman, BADC & others………………&helli..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
....1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
......lieved on resignation of the offices held under the Government of Bangladesh he was not entitled to hold the diplomatic passport. He did not also change the profession shown in the gratis passport in order to reflect his correct status. Before expiry of the validity of the gratis passport (No. B1345...... accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
......hman J
Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh, 40, Dhanmondi Residential Area, Road No. 4 A, Dacca-9………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, represented by the Secreta..
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 ......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 ...... 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 ......gistered on July 18, 1975 but was antedated intending to be believed that it was executed on July 5, 1975 i.e. earlier than the appellant's sale-deed. Accused Ibrahim, husband of Amatun Nessa was one of the attesting witnesses of this sale-deed, other accused persons are closely inter-related wi..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 ......72(2) All. E.R. 492. This was an appeal by one Ebrahimi, against the decision of the Court of Appeal, allowing an appeal by the respondents, against the judgment of a learned single Judge, whereby he ordered the winding up of the company on a petition presented by the appellant under Section 22......ss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......ation that he had encroached upon the Managing Director's right to run the affairs of the company. Appellant No. 2 Zahiruddin Ahmed called an extra-ordinary general meeting on 26-10-73 to appoint one more Director, with a view to completely oust respondent No. 1 Rahimuddin Ahmed from the managem..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 ......vocate for the appellant. In the result the appeal is dismissed. The Judgments and decree of the Courts 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 ......preme Court High Court Division (Civil Appellate Jurisdiction) Present: M.H. Rahman J Nazera Begum..................................Appellant Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others.......Respondents Judgment June 30, 1981. ...... Judgment June 30, 1981. Result: The Appeal is dismissed In ascertaining the Period of Time the General Expression is to be Ignored when the Beginning and the End of the Questioned Period of Time is clearly Specified and Dated— The relevant portion of the agreement..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. ......has placed before us two unreported decisions of the Appellate Division Civil Appeal No.80 of 1978. Trading Corporation of Bangladesh Vs. Makhan Lall & Co. Ltd. and others was directed against an order of the High Court making an adinterim injunction absolute. The purchaser in that case invoked ......, 2 BLD (HCD) (1982) 17. ......of the supplier, the bank is bound unconditionally to pay the amount on demand. The only condition of the bank guarantee is that the purchaser should make a demand on the bank and when this has been done. the condition of the guarantee has been fulfilled and the bank is bound to make the payment wit..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 ......lip;….Respondent Judgment June 25, 1981 Result: Appeal is allowed. Banking Companies Ordinance (LVII of 1962), Section 62 Banking Companies Ordinance - Winding up order made— A matter pending before the High Court Division or Appellate Division on appe...... Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......udge in all matters related to or arising, out of an winding-up proceeding. This order has been challenged in this appeal by special leave by the plaintiff of the suit in question taking two grounds, one being that facts of the case do not attract the jurisdiction of the Company Judge and the other ..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
....er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
......
Moazzaem Hossain, D.A.G. (Criminal)— At the request of Court.
Appeal from Original Order No. 501 of 1981.
Judgment
Abdur Rahman Chowdhury J.— This appeal arises out of an order passed by the learned Subordinate Judge directing attachment of four Trawlers.
2. Facts, ......peditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
......l arises out of an order passed by the learned Subordinate Judge directing attachment of four Trawlers.
2. Facts, in brief, leading to this appeal are that the plaintiff respondent instituted a money suit in the 3rd court of Subordinate Judge, Chittagong for recovery of Tk. 38, 75,000/- against..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......A.Y. Salimuzzaman, Assistant Attorney General—For the Respondent. Appeal from Original Order No. 3 of 1973 Judgment Abdur Rahman Chowdhury J. — This appeal arises out of an order passed by the learned Subordinate Judge directing the execution case to proceed in accordance ......ecords at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......-Min-HJ(I) dated 18.1.72 issued by the Ministry of Home Affairs, Government of Bangladesh. The learned Counsel has drawn our attention to paragraph (d) of the Order wherein it was stated that the prisoners convicted by the Summary Military Courts, Special Military Courts should be released forthwith..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
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