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Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....t or under a guarantee, the obligation of the Bank is to perform that which it is required to perform by the particular contract and that obligation does not in the ordinary way depend on the correct resolution of a dispute as to the sufficiency of performance by the seller to the buyer or by the bu...... question and without reference to the contractor. The words "without any further question and without reference to the contractor” make it clear that the bank is not to be an arbiter in a dispute between the purchaser and the supplier whether in respect of the performance of the contract..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....eening Board and submitted his oral testimony to the charges levelled against him. On 17-8-73 he received a letter from the Registrar of the University of Dacca informing him that in pursuance of the resolution of the Syndicate he was dismissed from the service of the University with effect from the......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 ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
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 ......t removable from his office save by or with the sanction of the Government no sanction under section 197 of the Cr. P.C. is necessary for taking cognizance of an offence against him. There is no dispute that police constables can be removed from office by the Superintendent of Police. Police co..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. ......ether the appointment letter issued inadvertently had created any right in favour of the respondent so as to call for a disciplinery proceeding in accordance with rules. 5. Facts are not in dispute. The respondent was asked to appear before a Selection Board on 10.5.77. Thereafter on 17.8...Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
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 ......born to the wakif he or she would also be joint Mutawalli along with opposite party Nos. 2 and 3. In course of time a son was born to the wakif, namely, the petitioner. After the death of the wakif a dispute arose as to who would be the Mutawalli of the Waqf Estate. The dispute was resolved by the A..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 ......Haider Chowdhury J. — This appeal by special leave is directed against the Order of the High Court Division in Writ Petition No. 59 of 1979 rejecting the petition summarily. 2. Facts are not in dispute. Respondent No. 2 was an employee of the Dacca Improvement Trust (DIT). He was tried by Spec..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 ......sor of the appellants for the grant of Letters of Administration on the ground that the property in question being an enemy property the suit was incompetent, Facts are not long, nor are they in dispute. The property in respect of which the Letters of Administration was claimed belonged to Chir..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ......ed to direct that the said Dr. Nurul Islam shall retire from service with immediate effect." 17. Referring to his ability as a reputed doctor and his academic performance which are not disputed by the respondents, the learned Counsel submitted that in such background there cannot be e..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....ast charge against the petitioner relates to the opening of an Account with the Chittagong Laldighi Branch of Agrani Bank without any authority, about which the petitioner has also referred to a resolution passed by the previous Management Board for the Factory in question under the Chairmanshi......it has already been found hereinbefore that there was no unauthorised action on the part of the petitioner in opening the Bank Account on the authority of the previous Management which was never disputed or rescinded subsequently by any authority of the Corporation when it took over the Factory..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)
....Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60 ......the Jury and he appointed four other members of Jury on nomination of the Jurors by either side. The Jury at first filed a petition before the learned Magistrate stating that they had compromised the dispute. But the first party Abdus Salam filed an application stating that second party was not carr..Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ...... substance. The authorities referred to above lend support in favour of the contention. In the facts of the instant case it appears that the ownership in the property of the letters of credit is disputed. M. Pal contends that it is not the property of defendant No.1 whereas Mr. Faqir Shahabuddi..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ......the ground that it was made without jurisdiction. It was further held that within these narrow limits the executing Court is authorised to question the validity of the decree. 5. There is no dispute, that the proposition that has been laid down in the Calcutta Full Bench’s case is well..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ...... appeal below and the learned Single Judge of the High Court on right principle decreed the suit. 2. Facts are that the plaintiff is the nephew, and the principal defendant is the uncle, and the dispute between them centres round the question whether the property in suit was the joint property ..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
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 ...... before the Enquiry officer suffers from proper compliance with the procedure laid down by the law warranting quashment of the dismissal order, reinstatement cannot follow as a matrer of course--In a dispute relating to allegation of theft by the employer against the employee there always remains an..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......itioner who improved the land by incurring cost of Tk. 1500/-. His next contention is that the learned Subordinate Judge committed an error in allowing pre-emption in respect of all the plots in dispute although the opposite party No.1 and 3 were not owners of land contiguous to disputed p..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
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 ......ade union activities. His involvement ultimately led, according to him, to victimisation by the company. During the pendency of his case before the Labour Court in which he raised an industrial dispute, the company initiated two separate proceedings against him on some base-less charges it is ..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 ......35. A Government servant cannot claim promotion as a matter of right because no such right has been conferred upon him by law but he has a right to be considered for promotion. It cannot therefore be disputed that the petitioners had a right to be considered for promotion to the post of joint Secret..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ....... 32 of 1979. (From the Judgment and Decree dated 15-12-76 passed by the High Court in F.A. No. 195 of 1974) Judgment K. Hossain CJ.—The defendants are the appellants. The facts in dispute are not much and they may be set out in a few words. The plaintiff and the two defendan..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....od of 5 years which might be reduced to a period of two years in appropriate cases was to elapse between two promotions. After detection of this mistake committed by the Office, the Corporation, by a resolution of the Board of Directors, decided to deprive and to downgrade the petitioner by at least......ier promotion was given but the earlier promotion is not found to have been barred by any statute or rule. Promotion was governed by seniority-cum-efficiency. That the petitioner was efficient is not disputed, so on the ground that there were some persons senior to him, his promotion cannot be assai..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......ht the assistance of Mr. M.H. Khondker as Amicus Curiae and had the advantage of hearing his learned exposition of the law on the question. 3. It is to be observed that the facts that are not in dispute and which have already been set out that require to be remembered at this stage are that ser..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95