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Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....adesh it cannot be held that the Government can deal with the Prize Court money as it deem fit excepting in the manner referred to in the judgment of the High Court Division. For the reasons stated above, the contention of the learned Attorney-General are found unacceptable, not becau......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... specified, time, which shall not be less than seven days, and not more than ten days from the date the charge has been communicated to him, why the penalty proposed shall not be imposed, and also to state whether he desires to be heard in person. If he so desires, the authority shall within twenty ......that the High Court Division on the application of any persons aggrieved, may give such directions or orders to 'any persons or authority, including any performing any function in connection with the affairs of the Republic as may be perpetrated for the enforcement of any of the fundamental rights..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....tory begins. After liberation, Rajballay Saha an ex-teacher of St. Gregory's School approached the Respondent No. 4 and gave a scheme for running the school, which would fetch better income. It is stated by the said Respondent that he believed in good faith and made Saha the Head Master. Though ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 65
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... the parties and in presence of their respective Advocates opened the bags of the respective centres and found that the gunny bags of Hafizia Madrasha did not contain result-sheet-and consolidated statement, and that the gunny bags of Rupsha Primary School Centre contained all She materials but ...... DLR (AD) 337 and further the rule laid down in 28 DLR (AD) 51 has no manner of application. In the other case, the Presiding Officer went out to answer the call of nature. These are all post-poll affairs. These had nothing to do with the election of the candidate for Chairmanship and these laps..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....efined' as much will depend on the facts and circumstances of each cases, but then it is not vague as to rob it of ail meanings. Mala fide, must be alleged, and facts constituting mala fide are to be stated, and when called upon by the Court, the party alleging mala fide must establish it by affidav......ther equally efficacious remedy is provided by law — (a) on the application of any person aggrieved-make an order— (i) directing a person performing any functions in connection with the affairs of the Republic or of a local authority to refrain from doing that which he is not permitted..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....t was loaded which was brought to Chalna. (2) There was undue delay and deviation; as such the defendants were liable for damage. 3. Descendants 1, 2, 3, 4, 5 and 8 by filing 3 different written statements resisted the suit firstly, on the ground that there was no conversion of the salt; seco......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....modernised the existing shop and constructed first floor on the building. The appellant paid rent to the Government upto 1367 B.S. but since then the office of the Government Acquired Estate where he tendered rent was not accepting it. Previous to the acquisition of rent receiving ......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 61
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....e Magistrate found It true and after drawing up of the proceedings appointed Officer-in-Charge of the local police station the receiver. The police report disclosed that both the parties were in a state to break the peace over the harvesting of paddy grown there. All the Courts below have reject......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ..Category: Criminal Law | Date: | Hits: 39
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....e learned Counsel appearing in support of the review petition submitted that this Division while following the case of Randhi Appalaswami vs. Randhi Surjanarayanmurti, 52 C, W. N. (P. C.) 505, has stated the proposition of law relating to proof of joint family property in a way which requires a ......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ari; and that he exchanged the premises No. 207A, Park Street, Calcutta for half share of the premises Nos. 12/1 and 12/2, Farashganj Road, Dacca (schedule 'A') belonging to Rama Nath Das. He also stated that at all material times he was in possession of the properties in suits, and the title de......ions made in the plaint. Her case, shortly stated, is that the premises No. 207A, Park Street, Calcutta was purchased by her with her own money. Her husband (plaintiff) used to look after her affairs. The plaintiff had no money at that time to purchase the property. Premises No. 25. 23..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....statutory meeting of the company was held and the company failed to pay its huge debt to respondent No. 2 and that non co-operation of respondent No. 1 in holding the Board's meeting resulted in a state of deadlock for which appellant No, 2 was responsible as he had proceeded to transfer shares ......ew of an undertaking given by the Managing Director, appellant No. 2, that he would regularise the matter and allow respondent No.1, Rahimuddin Ahmed to discharge his duties in the comp toy's affairs. The learned Judge directed appellant No 2 Zahiruddin Ahmed to implement the undertaking gi..Category: Business or Commercial Law | Date: | Hits: 110
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
.... in the following terms: "Messrs Mannan Brothers have applied to this Committee for permission to obtain exchange value of a sum of Rs. 71,500/00 (Rupees seventy one thousand five hundred only) stated to have been deposited by him/her/them in demonetised notes as per your receipts listed below......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....ings were drawn merely to victimise the employee for his trade union activities'. In its opinion the findings of the domestic enquiry were perverse. Accordingly, the Court ordered his reinstatement in the company's service. 5. The company moved the High Court under Article 102 of......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
....is challenged or called in question. 5. We had occasion, in Civil Appeal No. 46 of 1979. People's Republic of Bangladesh Vs. Sri Madan Gopal Jew Bigraha wherein the acquisition of debuttor estate by general notification dated 2-4-56 under section 3(1) of East Bengal State Acquisition and ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 66
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 94
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....e trial Court. With regard to the plaintiffs' document Ext. 6 which the appellate Court did not at all consider the High Court Division held that the khatian did not support the plaintiffs case as stated in para 2 of the plaint, that 14 annas 8 gondas and 2 karas and 2 1cranti share of the suit ......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....quashing of the proceeding. 3. The FIR in the case was filed by one Md, Ataur Rahman, Inspector, DAB, Dhaka on 27.8.87. He himself investigated the case and submitted charge sheet as already stated above against the appellant and one Md. Abdul Khaleque Bain upon which cognizance was taken.......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 51
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