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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 ...... execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......nterfere with the decision and order of Court Martial except on limited grounds of Coram non judice and malafide— The jurisdiction of the High Court Division in an application in the nature of Habeas Corpus is to see if a person in custody is there in pursuance of any lawful authori..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....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 ......d till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......me entailing division of sites into plots, building control etc. under sections 95 and 96 of the Pourashava Ordinance, 1977. These powers and functions are therefore permissive in nature and are subject to the prior approval of the Government. It is ultimately for the Government ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
..... 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
......these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
...... Labour (Standing Orders) Act (VIII of 1965), Section 17(3) (h)
Whether single act of neglect would constitute misconduct—
If the omission and negligence of the employee is of serious nature then a single act of neglect of work would constitute misconduct.
In the instant case th..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
....1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
...... accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
......r amendment of the cause title as to the description of the petitioner has been opposed. Mr. M. Sohrab Ali, the learned Deputy Attorney General, submits that the amendment if allowed would change the nature and character of the case and as such the application for amendment should be rejected.
..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... 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. ......, 2 BLD (HCD) (1982) 17. ......ons. The Appellate Division has in these cases, no doubt considered the question of balance of convenience, but that was not the only question with which it concerned itself. It has also examined the nature of obligation of the Bank created by the bank guarantee and indicated the character of a bank..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
....er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
......peditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
...... orders of the court are sought to be ignored and the scant regard with which they are being treated. There is no doubt that there has been clear violation and wilful disobedience to the order of the nature should be dealt with. We have in the past given strictures on the conduct of the officers who..
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 ......eals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......akistan Army, supporting the Pakistani Military Junta which was engaged in mass extermination in Bangladesh from 25th March, 1971. He denied to have made the statement but admitted his two printed signatures in the booklet in Ext. 2 to resemble his own and so the Screening Board held that this fact ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
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 ......ismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ...... of three per cent on the annual value. In calculating the maintenance cost of collection of the rate may be taken into account. The rates of levy differ from place to place having regard to the nature of service provided. Fire rate—No model tax schedule is proposed for the present. ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
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 ......e will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ...... the judgment, on scrutiny, appears to be a circuitious one. To quote from the High Court Division judgment: “Both capital and labour are found organised therein for purposes commercial in nature. As such the DIT falls within the definition of both commercial and industrial establishments..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
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 ......declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ...... a public servant shall retire from service, on the completion of the fifty fifth year of his age: Provided that a public servant, whose services are considered to be specialised or technical in nature or indispensable in the public interest and whose suitable replacement is not readily av..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 ......, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ...... The question involved in this appeal is a question which has been agitated for about a century in the superior Courts of the Sub-continent and conflicting opinions have been expressed as to the nature of an application for restitution of a property in persuance of adverse appellate decree. For..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......the High Court Division held that the Kabala in favour of the plaintiff was invalid since the power of attorney was invalid as it was not registered and also because the authentication of the signature before the Magistrate at Alipore was not a legal authentication, since it was not authenticat..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......etitioner Vs. Md. Abdur Rashid………………………. Opposite Party Judgment August 6, 1980. Result: The rule is accordingly discharged. Case Referred to- Durgaprasad & another Vs. Deepchand & others, ......tion before us is maintainable and competent. 10. Mr. Rafiqul Huq, the learned Advocate appearing for the petitioners submitted that the amendment allowed by the trial Court has changed the nature and character of the suit, As such the impugned order of the learned Subordinate Judge is lia..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)
....ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ...... been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ncome Tax Vs. Shaw Wallace and Co) held that income connotes a periodical monetary return coming in with some sort of regularity or expected regularity from definite source, excluding anything in the nature of a mere windfall. In the aforesaid case the question whether compensation received for cess..Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....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 ......n 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 ......azil Ali Vs. Karim Khan (1894) 108 P.R. 1894 was correctly decided." The Full Bench reviewed practically all the available decisions of different High Courts of the sub-continent to see the nature of controversies with regard to interpretation of the proviso to subsection (1) and the ..Category: Civil Law, Procedural Law | Date: 15 Jul, 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: ......rst appellate Court but make no order as to costs. Ed. This Case is also Reported in: ...... is well settled. What requires is the application of the principle of the facts of a particular case. It is now well established that the decree be without jurisdiction will be of such a nature as to make it a void decree or a nullity. The distinction between void and voidable decree ..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
....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
......ion is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
......main question which is to be determined here is whether, after the nationalisation of the Company and its placement under the Corporation, it ceased to be a Company, or; in other words, lost its nature and status as a corporate personality with which it was clothed at the time of its incor..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
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. ......mp; others……………Respondents Judgment April 28, 1980 Result: The Petition is dismissed for non-prosecution. Partition suit Formal defect in preliminary decree does not nullify the work of Pleader Commissoner-Defect in preliminary de......oncerned has not gone beyond the order portion of the learned Subordinate Judge's judgment dated 28-2-73. The question is, will the formal defects in the preliminary decree, which are clerical in nature, nullify the entire work of the Pleader Commissioner. 13. We do not see why in such a si..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ...... ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ......on the head on the left occipito parietal region. According to the Doctors' opinion death was due to shock and haemorrhage as a result of both the injuries which were ante-mortem and homicidal in nature. 7. Material facts found by the Special Martial Law Court on the evidence led by the pro..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......or disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ...... their unconscionable bargains. The High Court Division considered that the word "transfer used in section 95 A must be given a restrictive connotation. It means only a 'transfer in the nature of a mortgage. With respect, this kind of construction has been considered as "new ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
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