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Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)

....sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110     ......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110     ...... from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110     ......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110     ..

Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3

Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)

....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185.         ......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185.         ......l J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185.         ......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185.         ..

Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1

Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)

....was the grand-son of Gour Majhi and thus a co-sharer of the property left by Gour Majhi, which was illegally shifted upon the defendant by the court of first instance. A finding of fact arrived at by wrongly shifting the onus is erroneous and cannot stand the scrutiny of law. Only on this ground the......dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......hmat Dasi................................Respondent Judgment January 7, 1982. Result: The Appeal is dismissed. Cases Referred To- Seshammat Vs. Kuppanatyyangar, reported in A.I.R. 1926 Madras, at page 475. Lawyers Involved: Md. Fazlul Karim—For the Appel......dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ..

Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

....of a Freedom Fighter given in Rule 3 of Government Servants (Seniority of Freedom Fighters) Rules, 1979. In such circumstances, there is every possibility and probability of such selection being made wrongly in an arbitrary manner by a person without any lawful authority leading to discrimination ag...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......with the certificate for leave to appeal. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)

.... ob­servation this rule is 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) 54. ......it­ing on 29-1-79 to the Enquiry Officer deny­ing the allegations of misappropriation of oil. The petitioner pleaded that the measurement as shown in the bill or invoice of the Oil Company as recorded on the basis of Flow Metre of Jamuna Oil Company and that in the consignment of 70,118 gall......cts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ...... ob­servation this rule is 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) 54. ..

Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42.       ......r provided the plaintiff deposit the entire quoted amount in the credit of the corporation after adjusting the earnest money paid earlier within 60 (sixty) days from this Order.” The court recorded: “The plaintiff is entitled to get the decree prayed for without any compensatio...... This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42.       ......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42.       ..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)

....s any opinion in favor of the plaintiff with reference to the averments made in the plaint and in spite of repeated instruction by the trial court the said original was not produced but rather it was wrongly argued by the plaintiff that the certified copy of the same as submitted was enough and the ......affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255     ......lip;…………………Respondent Judgment November 6, 1981. Result: Appeal is dismissed Burden of Proof—Presumption of Good Faith in Human Transaction as a Presumption of Innocence in Criminal Matters— The burden of pro......affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255     ..

Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2

Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)

....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488   ...... few hours after the sentence has been awarded. These considerations can not be ignored in determining whether the Common Law rights of an appeal to His majesty-in-Council ever applied to convictions recorded by Courts Martial. 19. In English jurisdiction, we find cases which need to be mention...... execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488   ......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488   ..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

Managing Partner, Messrs, Bank Line Na¬vigation Company Vs. Chairman, Second La-bour Court, Dacca and other, 1981, 10 CLC (HCD)

....nt No. 2 in all the Rules filed an application before the Labour Court under Section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 upon the allegations that they had been wrongly dismissed from their services. Their allegations are that the petitioners issued charge-shee....... In the facts and circumstances there will be no cost of these Rules. Abdul Wadud Chowdhury J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 55   ......these Rules. Abdul Wadud Chowdhury J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 55   ....... In the facts and circumstances there will be no cost of these Rules. Abdul Wadud Chowdhury J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 55   ..

Category: Labour and Industrial Law | Date: 13 Aug, 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 ......above. 21. Dr. Hossain denied all the charges The Screening Board noticed that the two printed signatures in Ext. 2 were his, notwithstanding his denial having issued such a statement. The Board recorded the following findings: “The statement in question was also published in the Dai......eals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......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 ..

Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67

Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

....h respect, I fully agree with the view in American Life Insurance Co Vs. Dacca Pourashava 31 DLR (AD) 276 where it was observed: "In the premises we find that the High Court Division had wrongly held that the application was maintainable and erred in setting aside the order of the contr......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 ......ismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......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 ..

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   ......ination of the dead body of Eksir Mia was held on 22-12-79. On 31-12-79 i.e. on the date of filing of the complaint, Mr. A.W. Sarker, Magistrate, 1st Class, Sunamganj exam­ined the petitioner and recorded her statement. He also examined 5 other witnesses and upon consideration of the evidence fi......cordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ......, 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   ..

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

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

....823 dated 18.5.1973. issued by the Assessing Officer, Narayanganj Range. 6. Main contentions of the respondent in the aforesaid Writ Petition are:- (a) the valuation of the holding has been wrongly revised under Rule 10(a) and fresh assessment made: (b) that in the absence of any spec......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   ......thout cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ......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   ..

Category: Fiscal/Taxation Law | Date: 22 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   ......, is the date on which he attains the age of 55 years. He may be retained in service after the date of compulsory retirement with the sanction of the local Government on public grounds, which must be recorded in writing, but he must not be retained after the age of 60 years except in very special ci......declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140   ......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   ..

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6

Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)

....e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151   ......nd Shakti Benode and a widow Snehafata Hemalata. Snehalata relinquished her interest byway of family arrangement in fervor of her three sons. In the recent settlement opera­tion the suit plot was recorded in the names of Shakti brothers, Shakti Benode and his two brothers while in possession ent......ed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151   ......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151   ..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1

Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)

....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   ...... were her great grand daugh­ters through her daughter Midong. The suit was contested by the first appellant saying that the suit property was self-acquired properties of Ramjan Garo and it was so recorded in his name in C.S. Khatian. Ramjan Garo died leaving his wife (defendant No. 1) as the leg......l is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57   ......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

Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)

....r attorney who subsequently exe­cuted a deed of sale in favour of the plaintiff on 8.10.66 and that the plaintiff thus became the owner of the suit lands and was possessing it, but it having been wrongly recorded in the name of the defendant respondents, he was compelled to file the suit. 2......ey who subsequently exe­cuted a deed of sale in favour of the plaintiff on 8.10.66 and that the plaintiff thus became the owner of the suit lands and was possessing it, but it having been wrongly recorded in the name of the defendant respondents, he was compelled to file the suit. 2. The de......make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86     ......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

Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)

....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfun Naher Vs. Syeda Hashmat Ara, 21 DLR 633 DLR 633; Abdul Haque Miah and others Vs. Abdul Rashid & others, 35 DLR 54 (AD); Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 37 DLR 330 (AD); 37 DLR 220 (......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ..

Category: Property Law | Date: 3 Mar, 1980 | Hits: 8

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

....r that an employer could not avoid a reference by the Minister if the matter was reported to him, by dis­charging his workmen and saying 'they are no longer in my service whether I rightly or wrongly dismissed them'." 103.  Having given my anxious considera­tion to the......o reaching an agreement on the issues raised in the communication through the medium of a dialogue. If the parties reached a settlement on the issues discussed, memoran­dum of settlement shall be recorded in writing and signed by both the parties and a copy there­of shall be forwarded to the......l be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ...... 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

Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

....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   ......has also got his name and the names of his brothers mutated in the Municipality, Dacca Electricity and WASA, and paid rent, taxes and other charges. He has also his name and the names of his brothers recorded in the record of rights and paid rent. While the petitioner and his four brothers have thus......l be no order as to coats. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (1979) 402   ......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   ..

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127