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....ergency) Requisition of Property Act (XIII of 1948), Section 3
Requisition of property-Section 3 provides the authority to the Deputy Commissioner to requisition certain immovable property for a public purpose. Providing accommodation to a government office is no doubt a public purpose. But to ......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
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Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....ect principles. 4. So far as the case of Mosharof Hossain is concerned, it is to be observed, that the matter related to service, and it was observed that where the question of smooth working of public administration or national economy is involved, the rule of balance of convenience is to......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....akistan Registration of Private Schools Ordinance XX of 1962. 4. Thus the question would be whether a requisition of a premise for accommodation of such kind of school can be called to serve the public purpose and public interest as contemplated in section 3 of the Emergency Requisition of...... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30. ..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....clusion. Notarial act in foreign country having no reciprocal arrangement can be accepted into evidence if there is evidence to show that the person before whom the notarial act was done was a notary public and that the State in which the notarial act was done authorised him by law to do the notaria......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 ..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....of Bangladesh in Writ Petition No. 121 of 1973) Judgment Kemaluddin Hossain CJ. - The question involved in this appeal as urged by Mr. Pal is a substantial question of law of some public importance; as to whether Ordinance 1 of 1969 was not continued by Laws Continuance......in a declaration was made on 31st December. 1965 acknowledging the cessation of war between India and Pakistan, and an announcement was made to bring all outstanding disputes to a peaceful settlement. It is to be noticed, that in spite of all these announcements of cessation of h..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
..... Musherrof Hossain Chowdhury, Ex-Internal Auditor of Titas Gas Transmission and Distribution Company Ltd. and the Chief Accountant of Zonal Council; South East Zone, Govt. of the People's Republic of Bangladesh is hereby appointed as the Administrative Manager of the Titas Gas Transmission......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
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Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....(1948) AC 341 Franklin Vs. Minister of Town and Country Planning, (1948) AC 87; Padfield Vs. Minister of Agriculture (1968) 1 All E. R. 694; State Vs. Zia-ur-Rahman PLD 1973 SC 49; Zafrul Ahsan Vs. Republic of Pakistan, PLD 1960 SC 113; Abdur Rouf Vs. Abdul Hamid Khan, PLD 1965 SC 671, Federation of......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 ..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....ction being section 95A has been inserted in the said Act. A number of Writ petitions were filed and the High Court Division disposed of these petitions by one judgment as the same question of law of public importance had been raised and on consideration of which a certificate was also grant&sh......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 ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....ith 'industrial disputes' involving Bangladesh workman employed abroad by organization established in Bangladesh. Section 33 empowers the government to prohibit strike or lockout in public utility services. In this context section 43 is also relevant which provides that no 'ind...... 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 ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
....
(1) any property owned by any person who is a citizen of a State which at any time after the 25th day of March, 1971 was at war with or engaged in military operations against the People's Republic of Bangladesh.
(ii) any property taken over under the Bangladesh (Taking over of Control......t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
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Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
.... No. 6 of 1972, removed him from service without assigning any reason as the said Order specifically provides for such removal. The petitioner claims that he is "a person in the service of the Republic", entitled to protection of Article 135 of the Constitution. But this claim ha......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
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Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....urt Division in S.A. No.185 of 1972). Judgment Kemaluddln Hossain CJ.- Appellant is one of the defendants and the question in this appeal by leave, though a short one, is not devoid of some public importance as the true scope and import of proviso to Rule 11 of Order 22 of the Code of Civi......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. ..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....y but it is an administrative enquiry for a different purpose, such as, for the purpose of ascertainment of the real facts so that the Government could be satisfied that it is a fit case in which the public prosecutor can be directed to withdraw from prosecution of the charge-sheeted accused under s......iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....ith the order the petitioner moved this Court and obtained the rule. 3. The petitioner is not a government servant but is an employee of a statutory corporation engaged in performing function of public nature. No statutory rules have been made by the Corporation for regulating the terms and con...... 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 ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)
....y duty of the Respondents to deal with this matter in accordance with rules and memorandums is not tenable. It is well settled that in order to entitle a person to ask for the performance of any public duty by mandamus it is necessary to show that he has a legal right for claiming such performa......ry duties conferred upon the public functionaries. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
....tution for giving a direction "to do that which is required by law to do"
Case Referred to-
Central London Property Trust Ltd Vs. High Trees House Ltd., (1947) 1 KB 130; Islamic Republic of Pakistan Vs. Mahmud Saved, PLD 1961 (SC) 192, distinguished.
Lawyers Involved:
K...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)
....bsp; Abdur Rahman Chowdhury J.—This application under Article 98 of the Constitution of the erstwhile Islamic Republic of Pakistan is directed against an order passed by the Additional District Magistrate declari......ut having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
....etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ......etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....the ground of malafides and violation of the principles of natural justice ; in addition efforts have been made, rather half hardly, to show that these petitioners are persons in the service of the Republic entitled to protection of Article 135 of the Constitution. Violation of seniority r......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ......s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
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