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Southern Fisheries Ranong Corporation and others Vs. Kingfisheries Industries Ltd. and others, 1981, 10 CLC (HCD)

....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   ......he plaintiff respondent alleging the escape of the trawler in question from the lawful custody of the respondent Nos. 6 and 7, directed the General Manager, Fish Harbour to show cause why appropriate action under the law shall not be taken against him for having allowed the trawler in question to es..

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 ......ng his case, issued a charge -sheet alleging that he had collaborated with the Pakistan Army during war of liberation citing five specific instances and also asking him to show cause why disciplinary action against him should not be recommended to the authorities. The respondent did not submit any w..

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 This Case is also Reported in: 1 BLD (AD) (1981) 470 ......tment stands repealed and thus sub section 1 any appointment, rule, regulation, or by-law made, notification order or notice issued, tax imposed or assessed, contract entered into, suit instituted or action taken under such enactment shall so far as it is not inconsistent with the provision of this ..

Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ...... S. along with two constables were involved in the case, sanction under section 197 Cr.P. C. was necessary before taking cognizance, placed the case before the Sub-divisional Magistrate for necessary action. On 28-2-30 the learned Sub-divisional Magistrate after perusing the order passed by the lear..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1

Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)

....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ......iven to it in the statute itself, either expressly or by necessary implication….. (15) Constitution of Bangladesh (1972), Art, 102(2) Alternative remedy / Writ When the impugned action is without jurisdiction, the question of availing statutory alternative remedy does not arise..

Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0

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   ...... created by the Act (Section 3). Section 32, 33, 34 ,35 and 36 deal with the employees of the Board. 12. Section 35 provides, inter alia, for disciplinary action against such officer and employees and provides hierarchy of officers who are authorised to t..

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   ......y the authority under this section had been discriminatory injur­ing the right of the appellant to the public appoint­ment and whether the provisions of law in Section 9(2) of the Act and the action taken under it were hit by Articles 27 and 29 of the Constitution. 14. Syed Ishtiaq Ahme..

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   ......s of Ss.6 and 7 of the limitation Act, the learned Judge observed that "in the matter of interpreta­tion of statutes equitable consideration is out of place and held: "The cause of action or right to apply under s.144 accrued to the defendants on the very next day after the decree..

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.   ......ent performance of its functions on such terms and conditions as it may determine, Although there is no specific authori­ty provided in President's Order No.27 of 1972 for taking disciplinary action against any delin­quent employees., such authority can be arrogat­ed to the appointin..

Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2

Mansurul Aziz & Another Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others, 1980, 9 CLC (AD)

....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 ......i­trary There is much scope for saying that the essee secured the order to teach a lesson to the les­sor or at least to gain an upper hand in the matter of renewal on re-fixation of ren. Such action of the government in. requisitioning a private property under s.3 of the Act cannot be sustai..

Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2

Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)

.... 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.    ......ner (Land Acquisition), Dacca has been inducted in the teaching staff to maintain the requisition order passed by his predecessor. In circumstances it will not be unreasouable to infer that the whole action was motivated with a mala fide intention to get hold of the entire premise by influencing the..

Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7

Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)

....Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60     ......d party was not carrying out the terms of compromise on which the learned Magistrate asked the Jury to go to the locality and to report if the parties carried out the terms of compromise, in default, action would be taken against the Jury for contempt of Court. Subsequently the learned Magistrate as..

Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1

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       ......this Court in revisional jurisdiction. 9. First of all, let us consider the question whether in coming to a conclusion that the kabala dated 4.10.74 sought to be pre-empted was not a benami transaction and that the peti­tioner No.1 Musammat Nurunnahar Banu, wife of Dr. Md. Nurul Huq, the pe..

Category: Property Law | Date: 26 Aug, 1980 | Hits: 2

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. ......a fairly liberal manner, it has at the same time been emphatically laid down that under the guise of alteration or amendment of the pleadings, a party should not be allowed to substitute one cause of action for another or to change the subject-matter of the suit. 11. In the instant case defenda..

Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1

Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)

....Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267   ......acceptable for publication in the official Gazette. The Returning Officer was directed to appoint a day for a fresh poll in Ward No.2 for approval of the Election Commission before taking any further action at his end.' The Returning Officer informed the Secretary, Election Com­mission on 28..

Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1

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   ......r words, by the revocation of the Proclamation of Emergency and the promulgation of Or­dinance 1 of 1969, the state of war was first ossified, and then this ossified state as past and closed transaction was continued in ope­ration by the Ordinance. Due to currency of Emergency till 16-2-69 t..

Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109

Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, 1980, 9 CLC (AD)

....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 ...... a Corporation by an order clause (i) of Article 10" providing for any consequence to follow, or requiring any act or thing to be done, or entitling any person to do any act or thing or take any action what­soever, as a result of a reduction in the num­ber of the members of such industr..

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. ......n order, which may operate to the prejudice of another, the Court or the said body as the case may be, is bound to observe the principle of natural justice in making the said order or taking the said action, in the absence of any positive legislation dispensing with such observance and must, therefo..

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   ...... any manner whatsoever or declare illegal or .void the Proclamation or any Regulation or Order. Further clause (g) also gives immu­nity from challenge in a Court of law to any declaration made or action taken by or under the Proclamation. There is no vague­ness or ambiguity in the meaning of..

Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3

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 ......ir presence is not only a matter of convenience but of absolute necessity to enable the Court to adjudicate more effectively and completely. Order I, rule 9 of the Code does not apply when a cause of action arises against a number of persons jointly because when one of such persons is eliminated no ..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4