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Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....Parishad on the basis of the Chairman election held on 15.1.84 and the defendant No.1 is bound to publish the result in the official Gazette; (b) restraining the defendats permanently from holding or arranging to hold a fresh Chairman election in the said Union Parishad under the Local Go......ublish the result in the official Gazette; (b) restraining the defendats permanently from holding or arranging to hold a fresh Chairman election in the said Union Parishad under the Local Government (Union Parishad) Ordinance, 1983, Ordinance No.LI of 1983, and the Rules made thereun..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....e in mess and property. The defendant being indigent was allowed by his affluent brother Rajani to live in the house as a licence. Defendant in collusion with the Municipal assessor has created a new holding No. 319 but the entire premises which is holding No. 328 belonged to Rajani, Plaintiff's......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
....angladesh is hereby appointed as the Administrative Manager of the Titas Gas Transmission and Distribution Company Ltd. and he is directed to report for duties immediately. The officer currently holding the aforesaid post should vacate and will work as an officer on Special Duty until further o......8.
Judgment
Fazle Munim J.- These two appeals, namely, Civil Appeal Nos. 169 of 1979 and 65 of 1980 involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals.
2. Civil Appeal No.169 of 1979 arises from the judgment and order o..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... the President Mr. justice Abusaadat Mohammad Sayem assumed the powers of Chief Martial Law Administrator and declared that the Chief Martial Law Administrator shall not be deemed to be a person holding an office of profit in the service of the People's Republic of Bangladesh for any purpos......1980 Result: The appeal is dismissed. Case Referred to- Halima Khatun Vs. Bangladesh, 30 DLR (SC) 207; State Vs. Haji Joinal Vs. Abedin, 32 DLR (AD) 110, followed; AsmaJilani Vs. Government of Punjab, PLD 1972 SC 139; State Vs. Dosso. PLD 1958 SC 533; Begum Nusrat Bhutto Vs. Chie..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....operation in the area in which the land in question lies. 4. Bangladesh is the appellant. The learned Attorney General appearing for the appellant contended that the High Court Division erred in holding that the word 'transfer' in section 95A of the East Bengal State Acquisition & T......laws which will be mentioned hereinafter. 3. Facts of the case in Writ Petition No. 85 of 1974 are that the respondent No. 1 purchased the land from respondent No. 3 with an agreement to recovery of said land. The agreement is date 26-4-63 which stipulated that the land will be reconv..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....p;………..Respondents Judgment March 18, 1980 Result: The appeal is allowed. The pre-emptors cannot succeed on such an application-several co-sharers in the holding were omitted in the pre-emption case and they were not brought on record in spite of objecti...... without sending the case back to the trial Court to find out as to whether the said persons omitted from the proceeding had any subsisting interest in the land as shown by the pre-emptee. The uncontroverted statement of the appellants made in respect of the subsisting interest of Mozaffar Ali Khan ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....o 3(d) on the allegations, inter alia, that they were owners of land contiguous to the land under pre-emption, that they were bona fide cultivators, that the petitioner was neither a co-sharer of the holding nor a tenant holding land transferred and that they had no knowledge of the transfer earlier......ated outside the Municipal Area. In the present case the land being admittedly situated outside Municipal area provisions of section 24 of the Non-Agricultural Tenancy Act has little application. Moreover, under section 24 of the Non-Agricultural Tenancy Act a contiguous owner of land has no ri..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
.... January 15, 1980 Result: The appeal is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interes......e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....urt exercising its writ jurisdiction in the nature of certiorari had no jurisdiction to interfere with the decision of the Labour Court, because the Labour Court acted within its jurisdiction in holding the finding of the domestic enquiry perverse and that the petitioner was dismissed for his t......ant in Civil Appeals No. 26 and 27 of 1978 is the employer. 3. As the facts involved and the points of law raised in these appeals are common, they were heard analogously and this judgment will govern all the four appeals. 4. The employee who was a senior assistant in the company's est..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....rity of officers appointed to a particular grade of posts in Bangladesh and there is also no combined list showing the inter se seniority between the officers of one list and officers of another list holding the same cadre of posts. It was stated that no list has been prepared by the Government of B......; to Writ Petition No.527/79 is Establishment Division Notification No. ED (SA-1)-2/79-208 dated the 20th April, 1979 promoting respondent Nos.3 and 4 as Joint Secretary from Deputy Secretary to the Government of Bangladesh. 4. Annexure 'C' to Writ Petition No.528/79 is Establishment Di..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....f facts and circumstances of the case and on perusal of the pleadings of the parties and evidence on record allowed both the complaint cases and ordered reinstatement of the complainants thereof holding that since the workers had made the loss good by working on holiday (on 19.3.76) in pursuanc...... dismissed. Their explanations were considered unsatisfactory and the appellant dismissed the two respondents from their service. Their further case was that there was no strike on 14.3.76. It was a government holiday on account of Eid-e-Miladunnabi and as such the workers as a mark of respect absta..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... and effect of evidence of P.Ws. 5,6 and 8 and was wrong in not relying upon their evidence in deciding the issue as to genuineness of gift. He has also submitted that the Court below erred in law in holding that section 23(1) of the non-Agricultural Tenancy Act rendered the personal law of Mohammad......n favour of the plaintiffs. The plaintiffs further alleged that on 14-11-68 late Abdur Rahman Chowdhury (hereinafter referred to as the donor) had a sudden heart attack of which he survived. After recovery from the heart attack the donor in presence of witnesses, namely, Messrs Khurshed Ali Choudhur..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
.... share of the plaintiff, whether it was 1/3rd or 1/6th; and, secondly, the suit for partition by the plaintiff was incompetent. The trial Court negatived the first part of the claim of the plaintiff, holding that his contribution was to the extent of 1/6th and on the second question, the contentio......the first part of the claim of the plaintiff, holding that his contribution was to the extent of 1/6th and on the second question, the contention of the defendants on the competency of the suit was overruled. He, therefore, decreed the suit in preliminary form. On appeal by the plaintiff the learn..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
.... an order dated 18.7.77 issued under signature of respondent No. 2 Section Officer, Ministry of Works ft Urban Development of the Government of Bangladesh, rejecting his prayer to release a municipal holding from the list of abandoned properties and directing him to vacate it.
2. The municipal ......
RafiqurRahmaa J
Abdul Hakim………………………....Petitioner
Vs.
Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh………..Respondents
Judgment
August 17, 1979.
..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....eneral on 3.3.72 and on promotion he was appointed on 30th April, 1977, Deputy Advocate General (Criminal), subsequently re-designated as Deputy Attorney General (Criminal) and since that time he was holding this post till the impugned order removing him from this post was passed. He has claimed to ......Ahmed J.- The petitioner, former Deputy Attorney General (Criminal), has challenged in this petition under Article 102 of the Constitution an order dated 10th June, 1978 of the respondent, Government, of Bangladesh, represented by the Secretary. Ministry of Law and Parliamentary Affairs, r..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
.... to the Office Superintendent on 24-10-73. The authorities being further pleased with his meritorious service again promoted him to the post of Assistant Manager on 29-8-77 and since then he has been holding the post and discharging his duties to the utmost satisfaction of the authorities. But sudde......ts by the Corporation that due to mistake committed by their officers the earlier promotion was given but the earlier promotion is not found to have been barred by any statute or rule. Promotion was governed by seniority-cum-efficiency. That the petitioner was efficient is not disputed, so on the gr..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....substituted, the appeal as against the heirs of the respondents, and as a whole, had abated. A further attempt for revision of this order was made on 6.6.78 but the learned Judge rejected application holding that the order passed earlier on 12.4.78 was open to appeal. Leave was granted to consider t......by leave, though a short one, is not devoid of some public importance as the true scope and import of proviso to Rule 11 of Order 22 of the Code of Civil Procedure is involved. Detailed facts in controversy between the parties need not be set out excepting that the appeal arises out of a suit for pa..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....he government want to form an opinion as to whether they should direct withdrawal from prosecution they have got other ways to obtain materials for forming such an opinion. This may better be done by holding a confidential enquiry without communicating anything to the parties, particularly, to the c......strate for enquiry under Chapter XVIII of the Criminal Procedure Code. One of the accused namely, Hashan Mir, respondent No.6, sent a letter dated 24 9.77 to the Secretary, Ministry of Home Affairs, Government of Bangladesh bringing a counter allegation that the murder in question was actually commi..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
....bsp;34 of the Industrial Relations Ordinance, 1969 read with section 25 of the Employment of Labour (Standing Orders) Act, 1965. The Labour Court dismissed the case as not maintainable holding that the petitioner was not a worker. The petitioner thereafter moved this Court and obtaine......ly made absolute. Since the rule is not opposed, we make no order as to costs. A. T. M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 301 ..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC
....ich was later on rejected. He was duly enlisted as a voter in the Voters list prepared after the Liberation. He in fact voted in the referendum held on 30th May, 1977, his voter No. being 276 against holding number 14/A/9 Block-D, Mohammadpur, Labouring under the impression that a formal citizenship......gh Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Resu..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
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