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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. ......ntation on the lands thus leased out, The Tea Board itself was set up by the then Government of Pakistan ID accordance with the provision of order 46 of 1959 with Headquarter as Dacca sod its primary duty was to bring under tea cultivation virgin and fallow lands by leasing out those on long terms t..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 ......rties framed Issue No. 3 thus: “Is the plaintiff a co-sharer of the schedule, properties. If so, what is the extent of his share.” 6. It was framed so by the court as it was the duty of the plaintiff to prove that be was a co-sharer of the property in question in order to be en..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......status of a freedom fighter. Rule 3(II) says that a freedom fighter inter alia means any person being an employee of the Government of Pakistan or East Pakistan on 25th March, 1971 who abstained from duty in the occupation regime and did not receive any salary from that regime with a view to partici..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
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 ......ument. 2. Defendant No.1 contested the suit by filing a written statement controverting all the material allegations made in the plaint asserting, inter alia, that the sale deed in his favor was duty executed on proper consideration. The trial court dismissed the plaintiff's suit. On appeal..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
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 ......vince passed Acts in similar terms requiring their own Courts to answer questions put by the provincial Governments. It was held that, it was intra vires of the respective Legislatures to impose this duty on the Courts'. Though powers to that effect were not granted in express terms by the Briti..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....not be a public purpose. 19. Again, construction of dwelling houses cannot be considered necessarily or per se to be a public purpose. Construction of houses in an area where there is already an excess of dwelling houses or where there is heavy concentration of population in existing houses can......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
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. ......adesh Agricultural Development Corporation, hereinafter referred to as B.A.D.C. After a year i.e. on 4-2-72 he was confirmed to this post. The petitioner has submitted that he was performing his duty honestly and sincerely and with the full satisfaction of the authorities and that he was e..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....te submits that the contractor was liable only to pay a sum of 2% of the price of the undelivered stores as agreed liquidated damages and as such the plaintiff cannot recover from the bank any sum in excess of this stipulated liquidated damages. In the alternative, the learned Advocate submits that,...... 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. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......ngladesh (Services Screening) Order, 1972 – Whether Three clauses of Art. 5 (b), to be read conjunctively so that conduct or activity which was not in exercise of power or in discharge of duty of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in thre..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....Bank of Pakistan, In respect of the premises in question for the years 1968- 69 and 1969-70 so as to conform the assessment to the "Model Tax Schedule,' and to refund the tax if any, paid in excess. Contention of the appellant is that the assessment have been made quite in conformity w......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 ..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 ......vants who come within the scope of section 197 Cr. P.C. and secondly the offences alleged in the complaints have not been committed while acting or purporting to act in the discharge of official duty. 6. Mr. Serajul Hug the learned Advocate for the opposite party, on the other hand, submit..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
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. ......cle 102 of the Constitution of the People's Republic of Bangladesh alleging inter alia that he was appointed as a Custom Inspector on 17.8.77 and he duly joined that post on 22.8.77, but while on duty he received the impugned order dated 28th December, 1977 terminating his services from 15th Jan..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 ......rinciple has been stated as follows: “Every Statute, it has been said, which takes away or impairs vested rights, acquired under existing laws or created a new obligation, or imposes a new duty or attaches a new disability in respect of transactions or considerations already past must be ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....fficer from a group of officers similarly situated on completion of 25 years of service. According to him, provisions laying down some guideline was necessary only in cases of abdication or excessive delegation, but where the legislature did not abdicate or delegate its authority, there wa...... case in question so directs, he would not escape from the possibility of control by mandamus through adopting a negative attitude without explanation. As the guardian of the public interest he has a duty to protect the interests of those who claim to have been treated contrary to the public in..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 ......urisdiction to order restitution is inherent in the Court and it flows not from any power which it may have to carry into effect the decree or order of the Court, but from the recognition of the duty which it owes to the suitors to take care that no injury is done to them by its acts." ..Category: Civil Law, Procedural Law | Date: 26 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 ...... coming into force of the Law Reforms Ordinance there was no scope for the learned Magistrate to commit the accused persons to the Court of Sessions and to hold any enquiry for that purpose. The only duty of the learned Magistrate was to send the case to the Court of Sessions for trial in accordance..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....ppearing for the appellant that the requirement of furnishing security bond as provided in section 17(1) is mandatory and not directory, and that being so the learned Single Judge acted in excess of his jurisdiction in extending time for filing a security bond, and then accepting it beyon......of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1