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Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......n agreement with Rama Nath Das for the exchange of the entire property of schedule 'A' but on the request of the plaintiff and his two brothers, she agreed to take half share of the property with a view to providing accommodation to her father-in-law's family at Dacca, and as such the exchan..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ...... both the cases were stayed by the High Court Division on the applications filed by the appellant for quashing the proceeding. The High Court Division dismissed both the applications on taking the view that Regulation 7B of the Martial Law Regulation No.1 of 1975 was applicable to Ordinary Crimi..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......er section 162 of the Companies Act, for winding up the Company. The application was registered as Matter No. 15 of 1973, which was however dismissed by the learned Company Judge on 22 6-73 in view of an undertaking given by the Managing Director, appellant No. 2, that he would regulari..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour 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: 34 DLR (AD) 37. ...... in which articles are produced, adapted or manufactured or where the work of making, altering, repairing, ornamenting, finishing or packing or otherwise treating any article or substance, with a view to their use, transport, sale, delivery or disposal, is carried on or such other class of est..Category: Labour and Industrial Law | Date: | Hits: 108
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......sion found that the cancellation of the lease was malafide and it was assumed that prior to the cancellation re-allotment of the land had been made by the Government. The learned Judges were of the view that had there been any violation of the statutory powers apart from that derived from th..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......as follows:— "Unless there is some declared intention of the legislature clear and unequivocal or unless there are some circumstances rendering it inevitable that we should take the other view; we are to presume that an act is prospective not retrospective." Rule 10 of the Urban Immo..Category: Fiscal/Taxation Law | Date: | Hits: 76
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......d not to M/s. United Planters and Traders Limited, the new owner of the Halda Valley Tea Estate. He challenged the order of transfer by filing a Writ Petition. The High Court Division took the view that the service of the respondent F. H. Chowdhury could not be transferred to M/s. United Pl..Category: Employment/Service Law | Date: | Hits: 92
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......nistration of Dinajpur which led to the passing of the impugned order by which the appellant was directed to be restored to possession. 3. The learned Judges of the High Court Division were of the view that the property having been restored to the possession of the lawful owners, the Abandoned Pr..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... completely changed the character and it became a deposit by way of entrustment to the Bank in question. The High Court Division further found that the Bank became a debtor to the respondent. In this view of the matter, the rule was made absolute so far, as the Sonali Bank is concerned but it was di..Category: Banking Law | Date: | Hits: 129
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......reduce a government servant in his rank. Mere length of officiating period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 83
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......e maintained by a worker under section 34 which does not include any reference to an industrial dispute. 20. As regards the contention that a dispute between a worker and the employer can be viewed as an industrial dispute so that incase of such dispute a worker would be entitled to move t..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......he trial Court, in that, from Falgoon, 1375 B.S. till the filing of the suit the tenant though deposited rent but it was irregular amounting to default. 3. Leave was granted to consider whether in view of the conflicting decisions of different Benches of the High Court the matter ought to have ..Category: Tenancy Law | Date: | Hits: 116
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......nd Tenancy Act was challenged, to hold on a reference to President's Order No. 90 of 1972, that the directive in law is clear, that, on coming into operation of this Order, notwithstanding earlier view of the law on the subject a pending proceeding seeking to challenge or call in question the ac..Category: Property Law | Date: | Hits: 66
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......s services were based on contract and not governed by any statutory rule and, as such, the employer got discretion to fix or determine seniority of the petitioner and other employees. In this view of the matter the Rule was discharged. It may be mentioned that the Rule id Writ Petition No...Category: Employment/Service Law | Date: | Hits: 94
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......ourts on more than one occasion been held to be valuable evidence both of possession and title, and have been presumed to be correct until proved incorrect. The Assam Government has accepted this view, and will generally accept the thak map as correct unless older papers prove it to have been ..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......ments. It is one thing to say that a document is collusive but it is entirely different to contend that the document has been forged within the meaning of section 463 and 464 of the Penal Code. In view of the admitted position that the executant of the impugned documents was the original owner o..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......he learned Advocates of the parties as well as by the parties present in Court as an agreed judgment as the learned presiding judge did not announce in the open Court that he would hold a different view in the matter from the one expressed in the judgment delivered by Mr. Justice Kazi Ebadul Hoq..Category: Procedural Law | Date: | Hits: 128
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......he ground of hardship will be defeated. We advised the parties to come to some understanding as to the amount by which the solatium should be increased, but they failed to arrive at any agreement. In view of the facts and circumstances of the case, we think that a solatium of Taka 25,400.00 will be ..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......f Baghdad-ul-Jadid but the defendant Abdul Khaliq did not file any cross-objection challenging the findings of the trial Court on the issues that were decided against him. The High Court took the view that the onus of proving issue No. 4 was wrongly placed on the plaintiffs. It also held that th..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....der the said Ordinance. 14. To be brief, the learned Additional Attorney-General who appeared in support of the appeal before us contended that the Division Bench of the High Court arrived at an erroneous decision because of a wrong approach to the case. He submitted that the Division Bench e......958, Article 6(5) The impugned order of retirement having been made before 1st of July 1959 the court is precluded from questioning the legality of such order passed by the appointing authority in view of the concluding words of clause (5) of Article 6 of the Laws (Continuance in Force) Order 195..Category: Administrative Law | Date: | Hits: 106
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