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Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ...... to six months simple imprisonment. His appeal before the Sessions Judge was also dismissed. Thereafter, he moved the High Court Division and the rule in Criminal Revision No. 579 of 1970 was made absolute on the ground that the reporting of the proceedings in the weekly paper of the respon..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......transfer of society's land without the prior approval of the Society, found it difficult to support the judgment of the High Court Division. We have no doubt that the dispute raised in the suit is absolutely a matter to be settled by the Registrar of Co-operative Societies in the manner as ..Category: Property Law | Date: | Hits: 60
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....ivision was not legal and accordingly allowed the pre-emption case. 5. Being aggrieved by that order the High Court was moved and in Civil Revision No, 505/70 the High Court discharged the Rule by holding that the Revenue Officer had not acted in accordance with law and the subdivisi......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....ndent No. 1. Ex-parte.—Respondent No. 3. Civil Appeal No. 71 of 1980. From the Judgment and order dated the 24th August, 1978 passed by the High Court Division in Civil Rule No. 652(s) of 1978. Judgment: &......the contract Uttara Bank, would encase the letter of guarantee in case the plaintiff failed to supply the boulders to the defendant 3. It appears the terms of the contract. made the rule absolute by issuing order of injunction. 4. Mr. Rafiqul Huq, learned Counsel appearing for t..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....f the parties claiming the salary for the period of dismissal or for that matter contending that the appellant is disentitled to such salary owning to his occupation during the period in question. Rule 301 of the Service Rules is in the following terms:— "Any authority who......e is beyond the writ jurisdiction of the High Court Division. 3. Mr. Ahmad Sobhan, the learned Counsel appearing for the appellant canvassed that the High Court Division made the rule absolute by holding that the termination order was passed without any lawful authority and was..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....lved upon his legal heirs which include the defendants 1-4. 4. Thereafter the revisional application was filed being Civil Revision No. 152 of 1973 and the High Court Division made the Rule absolute holding, inter alia, that Sajjadanashin instituted the suit in his official and repre......upon his legal heirs which include the defendants 1-4. 4. Thereafter the revisional application was filed being Civil Revision No. 152 of 1973 and the High Court Division made the Rule absolute holding, inter alia, that Sajjadanashin instituted the suit in his official and representa..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..Category: Procedural Law | Date: | Hits: 106
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
.... Order 1, Civil Procedure Code. It was further observed that by virtue of section 141 of this Code the provisions of Order 1 are applicable to a pre-emption proceeding which is of original nature. Rule 9 Order 1, C.P.C Code provides that “No suit shall be defeated by reason of the mis-join......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ion the appellant prayed for declaring this notice illegal and having been made without lawful authority and also for cancelling, withdrawing and/or rescinding it. Subsequent to the issuance of the Rule the appellant amended the Writ Petition by adding the prayer for giving direction to reinstate ....... (2) A retiring pension is also granted to an officer who is required by Government to retire after completing twenty five years qualifying service or more. Note 1.—Government retains an absolute right to retire any officer after he has completed 25 years, qualifying service without g..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....f the respondent No. 1 Company and never an employee of the Bangladesh Minerals Oil and Gas Corporation (Petrobangla): that even thought under the provisions of Ordinance No. LXXXVIII of 1976 and the Rules framed by the Government thereunder, the services of such officers and other employees of any ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....ellant unsuccessfully challenged the said order dated 16-9-78 by an application under Article 102 of the Constitution. The Division Bench, of the High Court Division while discharging the Rule issued earlier held that the appellant did not acquire any vested right to run the Licensed Me...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....s explained, such acts, orders or proceedings could neither be done in the exercise of powers derived from the President’s Orders, Martial Law Regulation Marti Law Orders, Enactments, Notification, Rules, Orders or Bye Laws, or even in the purported exercise of these powers.' 27. Asma Jilani's......ecommendation. From the file it appears that the Chairman of the Martial Law Court No. II recommended for after-nation of sentence to transportation, but the power to suspend or remit sentences being absolutely within the discretion of the Government or the President, the Court has got no say in the..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... on July 1, 1976 dismissing him from service. 5. His contentious were that the findings of the Screening Board violated the provisions of Articles 5 and 7 of the aforesaid President's Order and Rule 7 framed thereunder and also that the Board violated the principles of natural Justice in not d......ed brother Fazle Munim J. KM Subhan J.- This appeal by the Government by way of special leave arises from the judgment of the High Court Division in Writ petition No. 507 of 1976 making the Rule absolute. The learned Judges declared that the recommendation of the Screening Board and the impugne..Category: Employment/Service Law | Date: | Hits: 102
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) 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: 33 DLR (AD) 131. ......iled within the period of limitation on complying with the requirements thereof or obtain a direction from the Court by filing a separate application for compliance of the requirements. It would be absolutely unreasonable to say that the Court's power to give direction is circumscribed by the pe..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
...., Advocate-on-Record.—For the Appellants. S.M. Huq, Advocate-on-Rccord.—For the Respondents 3-7 and 9-11. K.A. Bakr, Attorney-General, instructed by B.Hossain, Advocate-on-Record.—Under Rule 1, Order XLV S.C. (A.D.) Rules, 1973. S.R. Pal, Senior Advocate. — Amicus Curiae. Civil......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......d are not necessary parties as they are persons whose presence is necessary for the proper constitution of the pre-emption application. Their presence it not only a matter of convenience but of absolute necessity to enable the Court to adjudicate more effectively and completely. Order 1..Category: Property Law | Date: | Hits: 73
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rder of his predecessor-in-office, have been made without any lawful authority and are of no legal effect, and for a direction to the Respondent lo cancel and withdraw the notice of 21st July, 1976. Rule was issued and notice of the Rule was served on the Respondents including the Dacca Improvement......t Trust. None of the Respondents entered appearance. However at the hearing on July 12, 1979 Assistant Attorney General appeared to oppose the Rule on behalf on of the Government. The Rule was made absolute and the declaration as prayed for was made, on July 27, 1979 an application was filed befor..Category: Constitutional Law | Date: | Hits: 160