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Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ...... Present: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others…………………………......agistrate was of opinion that any crop or other produce of the property that was the subject matter of dispute in a proceedings under section 145 Cr.P.C. pending before him, was subject to speedy and natural decay the Magistrate would make an order for the proper custody or sale of such property, an..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
....Police investigated into the case, examined witnesses, recorded Memo of evidence and submitted a final report (true) in respect of the said case on 26-12-81. It was stated in the final report that no disinterested witnesses were available to prove the charges against the accused persons. The informa......; ...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......wdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
New Dhamai Tea Estate Limited………… Appellant
Vs.
Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents
Judgment
August 6,1982.
Result:
......me importance in determining whether there has been a tenancy or license, to the facts of the instant case is misconceived. A Tea company requires workers for the purpose of plantation. It is all but natural that for ensuring the continuity of service by such workers and also efficiency they should ..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ......lip;…..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is petitioners' inalienable right to enjoy the pr......y;tinct stipulations and conditions in the lease agreement itself under which the Government could resume the Land. In this case not only no notice was over served upon the petitioners even the basic natural and inalienable right of audi alteram partem was given a complete go-bye. 6. Furthermor..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ...... Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judgment January 13, 1982 ......stinct stipulations and conditions in the lease agreement itself under which the Government could resume the land. In this case not only no notice was eves served upon the petitioners, even the basic natural and inalienable right of audi alteram partem was given a complete go bye. 5. Furthermor..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ...... Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......tween two persons are relevant. Under section 144 of the Evidence Act, a court may presume the existence of any fact which it thinks likely to happen regard been had to the common course of natural events and human conduct. Section 50, read with section 114 of the Evidence A..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
..... 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
......t, Dacca & another…….Respondents (In Writ Petition Nos.6-8 of 1980).
Md. Abdullah.............................Petitioner
Vs.
Chairman, Second Labour Court, Dacca and other………Respondents (In Writ Petition No.285 of 1980).
Judgment
A...... contending inter alia that the petitioners had been dismissed lawfully after holding a fair and proper enquiry into allegations against them and that there had been no violation of the principles of natural justice. The learned Labour Court as regards the holding of enquiry into the charges against..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
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. ......or the 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. ......this court for corning to a decision after hearing both the parties in view of the fact that the order passed by the learned Single Judge of the High Court Division was violative of the principles of natural justice. 4. Mr. Nurul Huq, the learned Advocate, appeared on behalf of the defendant pe..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
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 ......Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memorandum of association--Government has the power to direct a registered trade organisation to alter or......9 this Order was challenged by the appellant contending, inter alia, that the Order was passed with malafide intention to debar the appellant from pursuing lawful trade and offended the principles of natural justice. 4. Respondent asserted that the appellant was granted a licence, being licence..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
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. ......ory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutory public authority given in Art. 152(1) of the Constitution are read and considered toge...... 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 himself before suc..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
....vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
......In C.A. 169 of 1979.)
M. Nurullah, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For appellant (In C.A. 65 of 1980.)
Syed Ishtiaq Ahmed, Senior Advocate, with K.Z. Alam and Khalilur Rahman, Advocates, instructed by M.R. Khan, Advocate-on-Record-For respondents 1 & ...... he denied that there was any contract with respondent No.1 under which he may terminate his service; and the order of termination was mala fide and passed in violation of the principles of natural justice.
6. Some background is necessary to understand the position inter se of th..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
....of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......nal Jurisdiction) Present: Syed Muhammad Husain J Sultan Hossain Khan J Manager Zeal Bangla Sugar Mills. Ltd..................Petitioner Vs. Chairman, First Labour Court and another...........Respondents Judgment June 12, 1980. Result: The Appe......Labour Court can only interfere with the finding of Enquiry Officer/Enquiry Committee if it is found that the enquiry was held unfirly with bad faith without complying with the principles of rules of natural justice and without following the procedure laid down in section 18(1) of the Employment of ..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
.... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ......the parties or their respective lawyers after the Pleader Commissioner submits his report. But if considerable time has elapsed between the last occasion when the Court had dealt with the proceedings and the submission of the report, it is only fit and proper, and, indeed there is a practice, that t......n opportunity to present his case against the report of the Pleader Commissioner. 22. As we said before, no Rule and Orders have been violated but what has been violated here is the principle of natural justice. The appellant ought to have been given an opportunity to file an objection aga..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....This Rule is made absolute. 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) 78 ...... March 5, 1980 Result: The Rule is made absolute. Case Referred to- Abdul Hadi, Managing Partner, Hadi Brothers Vs. EPWAPDA, W.P. No 448 of 1968 (un-reported); Joseph Vilangandoa Vs. Executive Engineer (PWD), AIR 1978 SC 930. Lawyers Involved: Syed Ishtiaq Ahmed ......ainst them by respondent No. 2. This unilateral action of the respbndent No. 2 without prior notice to the petitioners has evidently caused the violation of the general principle of the rules of natural justice. 5. A Division Bench of the Dacca High Court by a judgment dated 6th August, 19..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ......lay & Co. Ltd. & Another……..……………………Respondents Judgment January 7, 1980 Result: Civil Appeal No. 26 and 27 of 1978 are allowed. Appeal Nos. 46 and 47 of 1978 are disposed of. Case Referred t...... Legislature, a more extended meaning may be attributed to the words, if they are fairly susceptible of it. The construction must not, of course, be strained to include cases plainly omitted from the natural meaning of the words". 77. At another place of the book the following princip..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......4 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Province of East Pakistan, PLD 1971 SC 82. Lawyers Involved: Syed Ishtiaq Ahmed with S.A. Latif, Abdul Rah Chowdhury and Rabia Bhuiya, Advocates-For the Petitioners. K.A. Bakr, Attorney General, with MM. Haq and ......rnment was free to accept or not to accept for service in Bangladesh a person who was in the service of Pakistan, Central or Provincial. It was further stated that all services of Pakistan met with a natural death in relation to Bangladesh on her emergence as a sovereign state. The Government of Ban..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ......& another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ......fecting the veracity of the deposition of the witnesses. It is an evidence that P W.9. Shamsul Huda, husband of P.W.2 (Plaintiff No. 2) was present in the sitting where the heba was made. It is not unnatural that at one stage of the sitting the husband of the plaintiff No. 2 might have handled the d..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
....d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......diction)
Present:
Shahabuddjn Ahmed J
Rafiqur Rahman J
Kazi Abdul Wahab......................Petitioner
Vs.
Bangladesh, (through the Secretary, Ministry of Law and Parliamentary Affairs, Law Division)…………………..........notice was served upon him giving him an opportunity to explain his position the impugned order is illegal being violative of Article 135 of the Constitution as well as of the principles of natural justice.
2. The petitioner was first appointed Asst. Attorney General on 3.3.72 and on ..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ......pril 3, 1979. Result: The rule is discharged. Cases Referred to- University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; AIR (SC), 1957, 882; C.A. Nos. 52 of 1977, 106 of 1977 and 138 of 19771979;31 DLR (Appellate Division); 33 AIR 1970 Cal. 179; University of Ceylon Vs. Fern......vant". A decision of the Appellate Division in the case reported in 29 DLR 41 is the guiding principle in respect of matters like this and in the absence of any statutory rules the principles of natural justice shall be applicable to an employee of a, statutory corporation in the case of his di..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)
....out any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256 ......………Petitioner (In Writ Petition No. 674 of 1977) M/S. Thaiwaree Industries Ltd……….Petitioner (In Writ Petition No.850 of 1977). Vs. Bangladesh and others……………….Respondents (In all the cases) ......nd Maritime Zones Act relating to the absolute sovereignty of the State over the economic zone and also to certain cases decided under the International law. Under section 5 of this Act all natural resource as within the economic zone, both the living and non-living on or under the sea bed..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
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