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Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)

....p; Urban Development. Public Works Divi­sion, Govt of Bangladesh cancelling the lease of Plot No. 701, Road No. 30, Dhanmondi Residential Area, and the question involved is whether the learned Judges of the High Court Division after finding that the order of cancel­lation was vitiated as......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. ......s. 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. ......p;……………………………………Respondents Judgment June 17, 1981. Cases Referred To- Bangladesh vs. A. T. J. Industries (1977) 29 DLR 181; D. F. O. South Kheri vs. Ram Sanchi Singh, AI..

Category: Property Law | Date: | Hits: 53

Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)

....­tation, as stated above, we find it difficult to accept the contention of the learned Addi­tional Attorney General to the effect that rule 10 can be given retrospective effect . 12. The learned Judges of the High Court Division have rightly held that the assessing officer under rule 10 has bee......t 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:......gh 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:......an Immovable Property Tax Rules, 1957 and also whether the said Rules could be applied retrospectively, once the assessment had already been done. 2. The Respondent is a company incor­porated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the business and market ass..

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. ......he 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. ......onship 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. ...... ..

Category: Employment/Service Law | Date: | Hits: 92

Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)

....entred round the question whether Zahirul Huq, tenant of the premises though he was described as an ex-tenant, was directed to restoration of possession of the shop. The facts as found by the learned Judges of the High Court Division are that the premises in question being a shop the appellant was r......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. ......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. ......s as found by the learned Judges of the High Court Division are that the premises in question being a shop the appellant was running his business there under the heading 'Bornika . On Independence of Bangladesh, the shop was taken over as abandoned property and thereafter it was released by the Aban..

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: ......me 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: ......tor. 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: ...... he applied to the Area Committee for release of the same. The said Committee finally passed an order on 11.12.71 forfeiting 25,000/00 rupees and releasing the amount 46.500/-. After the emergence of Bangladesh Sonali Bank came into existence as successor of National Bank of Pakistan. The respondent..

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. ......g 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. ......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. ...... Kemaluddin Hossain J Shamsul Alam..........................................................................Petitioner.     Vs. Superintendent of Police, Bangladesh Railway and other…………………….Respond..

Category: Employment/Service Law | Date: | Hits: 83

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....h Court Division under Article 102 of the Constitution by filing two separate Writ petitions mainly contending about maintaina­bility of the applications under section 34 of the I.R.O. Learned Judge of the High Court accepted the contention of the employer that the applications under section......n 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. ......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. ......x-parte.—Respondent No. 2 (in C.A. Nos. 46 and 47 of1978). Civil Appeal Nos. 26, 27,46 & 47 of 1978 (from the judgment and Order dated 7.1.1977 passed by the High Court of Bangladesh in Writ Petition Nos. 863 and 864 of 1974). Judgment:   K. Hossain CJ.- I..

Category: Labour and Industrial Law | Date: | Hits: 91

Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)

....ideration of several other deci­sions, held that payment of four months' rent, namely Agrahayan, Pous, Magh and Falgoon of which receipt was granted for three months amounted to default. The learned Judge of the High Court Division, however, did not consider the other ground of default held by the ...... 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. ...... 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. ......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. ..

Category: Tenancy Law | Date: | Hits: 116

Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)

....ear­ned Additional Attorney General that the appeal and the suit had abated, in terms of President's Order No. 90 of 1972. The appe­llants instituted a suit in the Court of the Subordinate Judge Dacca, being Title suit No, 12 of 1958 for declaration that the acquisition of the Hat at Sha......esident'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. ...... 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. ......ider Chowdhury J Shahabuddin Ahmed J Promode Ranjan Saha and others………………………... Appellants. Vs. Govt. of Bangladesh and another..........................Respondent Judgment July 15, 1980...

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. ......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. ......ive. 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. ......Chowdhury J Abdul Quddus ……………………….Appellant Vs. Secretary, Cabinet Secretariat. Establishment Division, Govt. of Bangladesh and others... …………………..Respondents ..

Category: Employment/Service Law | Date: | Hits: 94

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....udgment:                  MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to ......lier 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. ......n 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. ......sent: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991..

Category: Property Law | Date: | Hits: 69

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....resaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has surrendered pursuant to the Warrant of arrest issued against him and been granted bail by the Sessions Judge, Dhaka. 2. He filed an application under section 561A of the Code of Criminal Procedur......titioner 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. ...... 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. ......and, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co-accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Gove..

Category: Criminal Law | Date: | Hits: 51

ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)

.... 2. The petitioner's case is that after the case was heard the matter was listed in the day cause list on 18.7.1990 for judgment; that Mr. Justice Kazi Ebadul Hoque, being asked by the presiding Judge Mr. Justice Fazle Hossain Mohammad Habibur Rahman delivered the judgment making the Rule abso......ce 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. ......e 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. ......il) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Ba..

Category: Procedural Law | Date: | Hits: 128

Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)

....t denying the contract. The learned Munsif on consideration of evidence led by both the parties dismissed the suit. The appellant preferred an appeal (Title Appeal No. 36 of 1977) before the District Judge. It was heard by the Subordinate Judge, who by his judgment dated 17th January 1979, decreed t......a 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. .......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. ......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. ..

Category: Property Law | Date: | Hits: 64

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

.... raised in the Courts below, it was in the interest of justice considered necessary, when this appeal first came up for hearing be­fore this court on the 15th of August, 1970, to direct the District Judge of Rahimyar Khan to record evidence on this question and to certify that evidence to this Cour......ng 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. ......eport 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. ......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. ..

Category: Civil Law | Date: | Hits: 117

Lutfar Rahman Vs. State, 1973, 2 CLC (AD)

.... East Pakistan, Dacca, dated the 2nd June, 1969 in Criminal Appeal No. 198 of 1967.) Judgment Muhammad Abdullah Jabir, J.— This ap­peal by special leave arises out of a judgment of a Single Judge of the High Court dismissing the appeal preferred by the appellant Lutfar Rahman against his c......ion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..

Category: Criminal Law | Date: | Hits: 84

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....ene­fits in the shape of leave with pay for the period from the 1st June, 1959 till the 29th Novem­ber, 1959. 5. In his suit, being Title Suit No. 72 of 1964 of the 3rd Court of the Subordinate Judge, Dacca, the plaintiff prayed for a declara­tion, inter alia, that the Governor's order retiri...... the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......h Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..

Category: Administrative Law | Date: | Hits: 106

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....e defendant No. 1 directed against the judgment and decree of the High Court dismissing the appeal filed by this appel­lant against the judgment and decree passed ex parte by the learned Subordinate Judge against the appellant. 2. The plaintiff filed the suit on 16.9.64 praying for a decree for ...... remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......d to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ...... no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..

Category: Others | Date: | Hits: 103

Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......g the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ..

Category: Labour and Industrial Law | Date: | Hits: 107

Karachi Stock Exchan­ge Vs. Kurban Ali M. Mer­chant and others, 1973, 2 CLC (AD)

.... in deposit on her account by the Karachi Stock Exchange Limited. The deposit was described as a forward business deposit. The application was resisted, but on the 7th February 1961, a learned Single Judge of the High Court made an order restraining the defendant:— "from- realising Rs. 15,......the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......ent case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..

Category: Business or Commercial Law | Date: | Hits: 74