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Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....y is that he along with Dr. Md. Mohar Ali, as a Member of a Pakistani delegation, had gone to London during war of liberation to propagate the cause of Pakistan and issued a Press statement which was published in the London Times on July 7, 1971, supporting the Military Junta which was causing depre......f the resolution of the Syndicate he was dismissed from the service of the University with effect from the 13th January, 1972. He then filed a writ petition in the High Court Division challenging the order. 4. The Screening Board found him guilty of the three out of the four charges originally ......eals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ...... of Pakistan. The second and third clauses, if read in the context of the first clause, clearly indicate that they are separate and distinct inasmuch as the offence in the first clause could only be done as an officer in the discharge of his duties or exercise of power, whereas the offences in claus..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......he Petitioner. Abdur Rab-II—For the Opposite Party. Civil 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. Appe...... This Case is also Reported in: 34 DLR (HCD) (1982) 142. ...... DLR (HCD) (1982) 142. ..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ...... Appellant. 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.) Judgm......ismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ...... through the judgment delivered by my learned brothers, Badrul Haider Chowdhury end Sahabuddin Ahmed, JJ. I concur with the judgment of Badrul Haider Chowdhury, J. Ruhul Islam J. - I have gone through the judgment proposed to be delivered by my learned brothers Badrul Haider Chowdhury and..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
...., 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 ......ion 197 Cr.P. C. was necessary before taking cognizance, placed the case before the Sub-divisional Magistrate for necessary action. On 28-2-30 the learned Sub-divisional Magistrate after perusing the order passed by the learned Magistrate on 20-2-80 and being of the opinion that sanction was necessa......cordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......t Division (Criminal Revisional Jurisdiction) Present: Chowdhury A.T. M. Masud J Md. Altaf Hossain J Rokeya Begum…………………Petitioner Vs. Shafiqur Rahman & state……………opposite ..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
....nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......d. Lawyers Involved: Raftque-ul-Huq, Advocate-For the appellant. First Miscellaneous Appeal No. 177 of 1975 Judgment Abdur Rahman Chowdhury J.- This appeal arises out of an order passed by the Subordinate judge allowing an application under section 47 of the Code of Civil ......hy;out any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......udge allowing an application under section 47 of the Code of Civil Procedure in an execution proceeding. 2. We have heard the learned Counsel for the appellant and perused the impugned order. No one has appeared for the respondent when the matter was called on for hearing, although we find the ..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......ithout any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......nce No. 2/78 on May 6, 1978 to run the company without profit. Clause 3(36) of the appellant's Memorandum of Association authorised it to run a licence measurers' department, hereinafter mentioned as L.M.D., for the purpose of imparting instruction in the principles and practices of weighmen..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)
....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. ......-on-Record-For the Respondent. C.A. 113 of 1980 from Writ Petition No. 265 of 1978. Judgment Badrul Haider Chowdhury J. - This appeal by special leave arises from the judgment and order of the High Court Division dated 8th August, 1979 in Writ Petition No. 256 of 1978. 2. Th......s set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ......n Board. An ingenious attempt was made by arguing that appointment letter itself would mean that he was selected by the Board but this argument loses its validity when the appointment letter is questioned on the ground of bona fide mistake. Mistake pre-supposes non-application of mind and in such ca..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)
....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......ejected the appellant's contention. It was submitted by the learned Additional Attorney General that Rule 12 of the Urban Immovable Property Tax Rules Provides First Appeal against the assessment orders passed by the Assessing Officer, before the Deputy Director of Taxation and a Second Appeal b......thout cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......t Division correctly interpreted the provisions of the Urban Immovable Property Tax Rules, 1957 and also whether the said Rules could be applied retrospectively, once the assessment had already been done. 3. The respondent is a company incorporated in Bangladesh, under the Companies Act, 1913, ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
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 ......vocates-For the Opposite parties Civil Revision No.691 of 1979 Judgment Mustafa Kamal J.- This Rule obtained u/s. 115 (old) of the Code of Civil Procedure calls into question an order passed by the learned Additional District Judge, Chittagong dismissing the petitioner's ap......urt Division (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem @ Abul Hasem talukder……………….Petitioner Vs. Administrator of Waqfs & others…………………..Opposite p......me Court High Court Division (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem @ Abul Hasem talukder……………….Petitioner Vs. Administrator of Waqfs & others……………&helli..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 ......at the Dacca Improvement Trust does not answer the description either of the "commercial establishment" or "industrial establishment" as given in the Employment of Labour Standing orders Act, 1965. D.I.T. does not deal any business of advertising nor it is a commercial agency nor......e will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ....... 4. The point raised is an important question. Though the High Court Division had summarily dismissed the petition yet the reason given in the judgment, on scrutiny, appears to be a circuitious one. To quote from the High Court Division judgment: “Both capital and labour are found o..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 ......in part, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property remains a vested property. There will be no order as to costs. &nbs......; Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....1972. After getting several promotions since he joined service he was confirmed as Professor of Medicine on April 24, 1963. Besides performing his duties he carried on research in Medical Science and published a number of articles and also books. In 1965 the appellant was appointed the Joint Directo...... Civil Appeal 122 of 1980 from Writ Petition 489 of 1980 Judgment K. Hossain CJ.- Though I agree with the conclusion reached by the Court, that the appeal be allowed and the Impugned order declared to have been made without lawful authority, and agree with the reasons given by my le......declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ......d by the Court, that the appeal be allowed and the Impugned order declared to have been made without lawful authority, and agree with the reasons given by my learned Brother Munim, J. in his well reasoned judgment, yet I do not propose to declare Section 9(2) of Public Servants (Retirement) Act, 197..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....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 ......, Advocate-on-Record-For the Respondent 1. C. A. 56 of 1980 from S. M. A. 45 of 1970 Judgment Shababuddin Ahmed J. —This appeal by special leave calls in question a judgment and order of the High Court Division dated July 24, 1979 in S. M. A. No. 45 of 1970 reversing the judgme......, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ......ion" is covered by "execution" then the definition of 'decree' would have covered both execution and restitution and these, two terms would not have been specifically mentioned therein. Similarly, if restitution is covered by execution a suit for restitution is barred as ..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 ......uit premises 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 p......ed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ......hers while in possession entered into a contract on 11-12-55 for sale of the suit premises in favour of proforma defendant 3 Nasiruddin and a Bainapatra was executed by, the vendors in favour of one Mohammad Bakht, a benamdar of Proforma-defendant 3. Shakti Benode and his two brothers did not e..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. ......pecifically provided in a statute such power cannot be read into it and exercised. Before the provision for review was brought into this statute by amendment there was provision for appeal against an order of sentence of a Martial Law Court and the appellate power specifically included the power of ......on though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ...... Ahmed J Bangladesh ……………………………………………………….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment Nov..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....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. ...... its Administrative officer. In this connection it may be observed that the petitioner, was ultimately absorbed in the service of Bangladesh Chemical Industries Corporation and when the impugned order of dismissal was served upon the petitioner, he was the employee of the Corporation as such an......an of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ...... Present: Syed Muhammad Hussain J Latifur Rahman J Md. Hazrat Ali……………………………………Petitioner Vs. Chairman, Bagladesh Chemical Industries Corporation & another……..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 ......opposite party No. 2. Moazzem Hossain, Deputy Attorney General-For the State. Criminal Revision No.64 of 1980 Judgment Md. Altaf Hossain J.—This Rule is directed against an order dated 30-1-80 passed by the learned Additional Sessions Judge, Sylhet in Crl. Motion No. 9/111...... In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......visional Jurisdiction) Present: Chowdhury A. T.M. Masud J Md. Altaf Hossain J Abdul Bari………………………..............Petitioner Vs. State………………………&hel..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
....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
......uthority to the Deputy Commissioner to requisition certain immovable property for a public purpose. Providing accommodation to a government office is no doubt a public purpose. But to justify such an order a case is to be made out that alternative accommodation is not available, and it is essen......ny lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
......80.
Result:
The appeal is allowed.
(Emergency) Requisition of Property Act (XIII of 1948), Section 3
Requisition of property-Section 3 provides the authority to the Deputy Commissioner to requisition certain immovable property for a public purpose. Providing accommodation to a go..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....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 ......t is found that the defendant without being in possession, wants to disturb the possession, the Court cannot be powerless to grant temporary injunction in an appropriate case. The order granting injunction must be a speaking order………… (5) Case Ref......l is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......nts 1, 2 and 20 filed O.C. Suit No. 336 of 1975 in the Court of the Subordinate Judge, Tangail for declaration of their title in the suit properties, claiming that the property originally belonged to one Ifrimoni Gatoani and they were her great grand daughters through her daughter Midong. The s..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....s the ex officio secretary thereof. This has been the position even uptil now by virtue of the notification of the Board of Intermediate and Secondary Education, Dacca dated 5th March, 1977 published in Bangladesh Gazette on 24th March, 1977. In such circumstances it becomes absolutel......General-For Respondent No. 2. W. P. 43 of 1978 Judgment Syed Muhammad Hussain J. - This rule arising out of an application under Article 102 of the Constitution is directed against an order passed by the Additional Deputy Commissioner, Land Acqusition, Dacca on 19-7-77 requisiti......here will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30. ......Special Original Jurisdiction) Present: Syed Muhammad Hussain J Sultan Hosain Khan J Mrs. Winifred Rubie & others………………… Petitioners Vs. Bangladesh & others……………..Respondents ..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
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