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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 ......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 ......ership and private ownership. Acquisition for a co-operative society is not per se an acquisition for a public purpose. Land, for example, is a scarce and high costly commodity at Dacca. Taking advantage of an acute housing problem and a still more acute problem of lack of available and suitable bui..Category: Property Law | Date: 19 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. ......inuance in the post was never sought to be altered. It is doubtful whether the authorities can alter or change his position or continuance in the past or grade if anything adverse is found after full examination or investigation into his academic qualifications………&hell...... in Mechanical Engineering. 2. Facts, in short, are that the Establishment Division of Bangladesh Agricultural Development Corporation advertised on 9.8.71 for appointment to the post of Manager-cum Engineer on purely temporary basis and which as regards qualification set out as follows: ..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
....y or on behalf of the country of which the person to whom it relates is a subject and shall be within the period of its validity.
(b) shall, except in the case of passports issued to pardanashin woman, have affixed to it a photograph of the person to whom it relates, duly authenticated by the i......l be used for obtaining a passport or;
b) makes use of any statement which he knows or has reason to think to be untrue in any document for obtaining a passport for another person; or
c) wilfully conceals any fact which under the circumstances he ought to disclose for the purpose of obtain......Medical Institute Vs. Province of East Pakistan (2); District Magistrate, Lahore Vs. Syed Raja Kazin (3); Sardis Roy Vs. Municipal Commissioner of Suri and others, AIR 1956 Cal 456; Management Board Vs. Shaha Golam Nabi and others (27 DLR (AD) 156); Mritun Joy Paul Vs. Province o..
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. ......lfill the contract. Such performance bond is not dependent on anything else excepting the buyer making a formal demand alleging failure on the part of the seller to perform the contract in part or in full. If it is made a part of the contract and placed at par with other terms and conditions of the ......lled and the bank is bound to make the payment without any further question and without reference to the contractor. As to what the purchaser is entitled to recover from the supplier as liquidated damage and /or penalty for the default of the supplier is a question between the purchaser and the supp..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
...... instructions in the matter from his clients who happened to be foreign nationals and sought permission of the court to withdraw from the appeal. The court directed him to file an application stating full facts with reasons for their prayer for withdrawal at that belated stage. This court upon a con......directed the Collector of Customs, Chittagong to escort the attached trawlers to the Fish Harbour of the Bangladesh Fisheries Development Corporation at Chittagong and further directed the General Manager of the Fish Harbour to keep the trawlers in his custody till security is furnished. The order o..
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 ....... The manner in which I have divided the clauses of the Article, if read with reference to the principal clause, will indicate that each of the separate clauses can be read independently and can have full meaning. 10. It is to be observed that all these three clauses have one element in common ...... High Court Division to be conjunctive and the interpretation has become stare decisis……………. (34) It is well settled that if the enactment is expressed in language which is fairly capable of either interpretation, it ought to be construed as prospective only, ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
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 ......as initiated against him which is still pending. He however, filed an application under Section 34 of the Industrial Relations Ordinance, 1969 claiming subsistence allowance for 60 days and full wages with effect from 5.2.1974. Labour Court came to the conclusion that the DIT is a commerci......tiated against him which is still pending. He however, filed an application under Section 34 of the Industrial Relations Ordinance, 1969 claiming subsistence allowance for 60 days and full wages with effect from 5.2.1974. Labour Court came to the conclusion that the DIT is a commercial est..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 ......nal duties and designation of Professor of Medicine, clearly mentioned his express desire that the petitioner be continued to be in charge of the ward as he is a clinician, evidently recognising fully the clinical acumen of the petitioner and the need to support his research activities and prov......SC 41;Matajoy Dobey Vs. H.C. Mare, AIR 1956 SC 44; Padfield Vs. Minister of Agriculture, Fisheries and Food, (1968) 1 All E.R. 694; Shymlal Vs. State of U.P. AIR 1954 SC 369; State of Bombay Vs. Saubhagehand M. Doshi, AIR 1957 SC 891; Shiva Charon Vs. Stare of Mysore, AIR 1965 SC 280; Toro Singh Vs...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 ......because the appellate decree enables him to obtain that relief, either expressly or by necessary implication. He is recovering the fruits of the appellate decree." 11. The learned judge was fully aware of the reasons for the contrary view emanating from eminent Judges and realised that &qu....... Manibhai, AIR 1965 SC 1477; jai Berham Vs. Kedar Nath Marwari, AIR 1922 PC 269;Hari Mohan Dalai Vs. Permeswar Shanu, AIR 1932;Cal 308, Atul Chandra Sinha Vs. Kunja Behary Sinha, 27 CLJ 451 (1970), Nagendranath Dev Surendra De, ILR 1933 Cal 1. Lawyers Involved: Syed Ishtiaq Ahmed, Sr. Adv..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ......of the Corporation in dismissing the petitioner from service is concerned, there has not been any non-compliance of any rule or any principle of natural justice as such since the petitioner was given full opportunity to defend himself before such proceeding and he was dismissed after being hear......rned to take over the charge of the Factory Administrator since it was treated as abandoned property. During the period the Factory remained abandoned, its administration was carried on by a local Management Board consisting of public and Government representatives in which the petitioner was a..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56 ......n before getting the answer that the recital of the kabala were all correct. In his examination-in chief be has categorically said that O.P.W. 3 (petitioner No. 2 here) paid the consideration in full and that O.P-W. 1 (Petitioner No. 1 here) paid no consideration. The trial Court's failure ......s below have failed to consider material evidence on record and to exercise the jurisdiction vested in them by law resulting in an erroneous finding of facts and a serious miscarriage of justice and there was error of law apparent on the face of record, He further contends t..Category: Property Law | Date: 26 Aug, 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 ......ile an application much ahead of the expiry of the period of limitation of thirty days so that the Court may pass the necessary order. In doing so the applicant will be deprived of the benefit of the full period of limitation. I fully endorse the view taken by the Full Bench of the Lahore High Court......t as the Court may, on a previous application made by him in this behalf, have directed." 6. Proviso to sub-section (1) of section 17 of the Small Cause Courts Act is couched in such a language that in the matter of its Interpretation there has been some sharp controversy. In some dec..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: ......- Shaikh Ayez-uddin Vs. Priya Satikar, 6 D.L.R. 595; Shah Wall Vs. Ghulam Din, 19 D.L.R. (S C) 143; Lala Tripati Prokash Nandi Vs. Bireswar Lal Marwari, 55 C.L.J. 114; Gorachand Haider Vs. Prafulla Kumar Roy, 29 CW.N. 948. Lawyers Involved: Abdus Salam Khan, Advocate, instructed......lace by virtue of self-executory order, the Court can review its order on grounds of review set out in the Code of Civil Procedure. Therefore, when a default order is made it depends upon the language used and the facts and circumstances of the case as to its operation. We have already held in..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
..... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ......6-9-65 and 16-2-69, the promulgation and revocation of Proclamation of Emergency. If at any time during the currency of the Emergency with the Defence of Pakistan Ordinance and the Rules remaining in full force, the property comes within the definition of 'enemy property' it continues t......y, Ministry of Industries & others.................Respondents Judgment June 18, 1980. Result: The appeal is dismissed Case Referred To- Bangladesh Enemy Property Management Board Vs. Md. Abdul Majid DLR (AD) 52, Lawyers Involved: R. Pal, Sr. Advocat..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....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
......prises (Nationalisation) Order, 1972 (PO. No. 27 of 1972)"
57. Since the pattern of economic development in this country is in a nascent stage, some time will be required to develop in full the shape of things to come. Judging from various standpoints, administrative, economic, m......
Kemaluddin Hossain CJ
Fazle Munim J
Ruhul Islam J
Badrul Haider Chowdhury J
Mosharraf Hossain Chowdhury…………….Appellant
Vs.
General Manager, Titas Gas Transmission & Distribution Co. Ltd. &
another……..&hellip..
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. ......r the Court but to proceed with the acceptance of the report and pass a final decree in accordance with the same. Order 26 Rule 14(3) of the Code he submits, gives the learned Sub-ordinate Judge full authority to act the way he has done in the present case. 21. Technically Mr. Rabbani'......ted with the administration of justice. Such mistake can be corrected under Ss. 151 to 153, Civil P.C. The Court has inherent power to rectify its own errors inadvertently committed and the language of s-153 is wide enough to cover the correction of mistakes and errors in any proceeding in a su..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 ......39; contains the reference of the file. File No. JIV-Con-150/78 Ministry of Law, Justice Branch, Section-IVS. The file contains an elaborate note of review. The note is so elaborate and contains full discussions on point of fact and law, it could very well be termed as a well-written judgment b......husan Sarkar, Associate Professor of Jurisprodence, (2) Dr. Arunonda Biswas, Lecturer of Forensic Medicine, (3) Dr. Mohammad Jahangir, Lecture of Anatomy all of Sir Salimullah Medical Collage; and (4) Dr. Sirajul Islam, Assistant Surgeon, Police Hospital, Rajarbagh, Dacca. They found two..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 ......gage. In other words in Bangladesh a raiyat connot enter into any other transaction of his raiyati-holding except a complete usufructuary mortgage. Thus the process that was started in 1928 found its full expression by the amendment caused by President's Order No.136 of 1972 and 24 of 1973. The ......gh Court Division after hearing the arguments came to the conclusion that (a) a transaction of out and out sale with an agreement to reconvey within the meaning of section 95A must be in sense a mortgage ; (b) a transaction of an out and out sale with an agreement to reconvey is not a transaction wi..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......r of contiguous land, is not absolute but subject to the right of other cosharers and other holders of land contiguous to the land transferred as the case may be for proper adjudication. To give full effect to the statutory provision, all the necessary parties must be impleaded, beca......ding as provided in sub-section (2) of section 96 of the Act is directory, and omission of some of the co-sharers from the proceeding cannot be fatal to the same. The learned Judge quoted certain passage from the decision in Motilal Sikder Vs. Benodini Dasi which runs as under:- "It does n..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ...... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ......fulfilled by the tenant, he gets the protection otherwise the protection from ejectment on ground of default in payment of rent granted by the Ordinance is clearly taken away by the express language of sub-section (5) of section 18. In that decision it has also been held that enquiry about comp..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
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