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Archana Proshad Nandi Vs. Miss Chilia Ran­dolph and others, 1981, 10 CLC (AD)

....t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106.   ......ective then it would have held otherwise as to the quantum of the share of each individual contractee. The sub­sequent kabala by the Defendant No. 3 re-enforces the view that each one of them was holding equal share in the property, namely, 1/3rd share. No evidence was laid that the nature of t..

Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234

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   ......was retired from active service under the Reorganisation Act, 1920. Mandamus was allowed by the trial Court, but was reversed by the Court of Appeal and this reversal was upheld by the Supreme Court, holding that the action of the President giving effect to the Order of the Secretary of War, was in ..

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

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

....less been made available to us for our perusal. The objects of the Society have been stated to be to promote the interest of the anglers and all persons associated with its activity and interested in agricultural operation and improved method of cultivation and in bona fide need of housing accommoda......s members. It has been alleged that land acquired for the society will be divided into small plots which will be sold to the allotters after development keeping huge profits. We have no hesitation in holding that if this allegation is true, the requisition and acquisition will fail on this ground al..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

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

..... 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   ......ir services. 2. The petitioners contested the said applications before the Labour Court and filed a written statement contending inter alia that the petitioners had been dismissed lawfully after holding a fair and proper enquiry into allegations against them and that there had been no violation..

Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2

A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)

....ule. This Rule is accordingly 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) 97. ......ule. This Rule is accordingly 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) 97. ..

Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....1.7.80 was done without lawful authority. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 34   ......f passport may be otherwise dealt with but cannot be denied entry in Bangladesh- The respondent has not brought on record any material on which it could be said that the passport which Towab was holding at the time of his arrival at Tejgaon Airport is not a valid passport. It is not alleged by ..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)

....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......t construction of Section 464 acquitted the accused-respondents. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division was well founded in Law in holding that the accused-respondents were not guilty under Section 467 of the Penal Code. ..

Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0

Bengal Water Ways Ltd & Another

....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435     ......then proceeded to call a general meeting of the Company but at that stage Rahimuddin Ahmed filed Title Suit No. 259 of 1973, in the same Court of the Munsif, and obtained temporary injunction against holding of the meeting with Zohura Khatun. In the course of this litigation, Rahimuddin Ahmed for th..

Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0

Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)

....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49   ......0th Kartick instead of 30th Bhadra 1374 B. S. in collusion with the deed-writer: and that the consideration money was not tendered within the stipulated time. 3. The trial court decreed the suit holding that the defendant executed the conveyance voluntarily and that the suit was barred by limit..

Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2

Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)

.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17.       ...... by the Supplier and what part has not been performed is not also relevant. In this view of the matter, we are of the opinion that the learned Subordinate Judge has taken a correct view of the law in holding that "the defendant No.1 undertook to make an un-conditional payment of Rs. 1, 53, 125...

Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2

Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree.   This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......ence of fine is imposed by a Court Martial under this Act, whether the trial as held within Pakistan or not, a copy of such sentence, signed and certified by the President of the court or the officer holding the trial, as the case may be, may be sent to any Magistrate in Pakistan, and such Magistrat..

Category: Procedural Law | Date: 5 May, 1981 | Hits: 2

M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)

....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......ht in rejecting the applications for adjournment and decreeing the suit exparte. The learned Subordinate Judge rejected the application under Order 9, rule 13 of the Code of Civil Procedure holding that on the date when the learned Senior Advocate was engaged, the petitioner knew that the ..

Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1

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 ......s contended separate levy by way of municipal taxes on the annual value of the buildings and lands, the lighting rate and conservancy could be made. The High Court Division repelled the contention by holding that the two taxes, na­mely, the Urban Immovable tax and the Building tax should not in ..

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   ......ernment and it does not follow from the plain and simple meaning of the language used in the section that the protec­tion of that section is available to them. We, therefore, see no difficulty in holding that the learned Magistrate Mr. A.W. Sarker and the learned Sub-Divisional Magistrate, Sunam..

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   ......ior to such taking over, Burmah Shell used to file returns and pay Urban Immovable Property tax. By an assessment Order dated 28.6.64, the Agricultural Income Tax Officer revised the valuation of the holding at Godnail Depot belonging to Burmah Shell for the year 1961-62 and re-fixed the valuation o..

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

Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)

....ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ...... 6. Mr. M. Nurullah, learned Advocate for the petitioner, submits that the learned Additional District Judge acted illegally and with material irregularity in the exercise of his jurisdiction in holding that the appeal is not maintainable and that it is peremature. Mr. Nurullah submits that on ..

Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1

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   ......ing Orders) Act, 1965 and accordingly granted the prayers. The decision of the Labour Court was challenged by way of writ petition by the DIT. The High Court Division Summarily dismissed the petition holding that the employees of the DIT had come within the definition of worker under the Employment ..

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   ......ax could not even be imposed in a different way or in a way that the Court might think more just and equi­table," it would strike down such law if it is dis­criminatory in its effect. In holding that the impugned provisions of the Travancore-Cochin Land tax Act, 1955 which subjected the..

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

Abdul Bari Vs. State, 1980, 9 CLC (HCD)

....case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52   ......i on 29-3-76 at Derai Police Station alleging murder of his daughter Banecha Bibi, GR. Case No. 170 of 1976 under sections 302/34/109 was started against 13 per­sons. A competent Magistrate after holding an enquiry under Chapter XVIII of the Cr, P.C. com­mitted the accused persons to the Cou..

Category: Criminal Law, Procedural Law | Date: 18 Nov, 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       ......uq Mondal and Md. Nurul Momin Mondal O.P. Nos. 3 and 4 of the Misc. case. Petitioner Abdul Jabbar Mondal, O.P. No 2 Md. Israel Hossain Mondal and O.P. No.3 Dr. Nurul Huq Mondal were co-sharers of the holding. Israil transferred his land to the O.P. No.1 Musammat Nurunnahar Banu, wife of O.P. No.3 Dr..

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