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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   ......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..

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

Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)

....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 ......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..

Category: Property Law | Date: 30 Jun, 1980 | Hits: 51

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 ......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..

Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7

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   ...... 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..

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

Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)

....er in view of this prohibition against creating a complete usufructuary mortgage in favour of a person other than a bona fide cultivator, some of the beneficial measures for giving relief to indebted agricultural tenants which were incorporated in the amended section 26G were not consider­ed to ......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..

Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5

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 ......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..

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

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

....he application was barred by limitation; that it suffered from defect of parties and was not maintainable under section 98 of the State Acquisition and Tenancy Act that the lands transferred were non-agricultural lands: that they incurred expenses of Tk. 1500/- for improvement of the land. 4. T......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..

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

Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)

....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 ...... 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..

Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1

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

.... 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     ......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..

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3

Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)

....d Court, Moulvi Bazar on the allegations inter alia that in consideration of the services rendered by the defendant no. 1 as an employee of the plaintiff, the latter allowed the defendant to hold the agricultural suit land measuring 10 bighas 7 kathas and 9 chataks situated within the tea estate its......he decisions. The Subordinate Judge, Second Court, Sylhet heard the two appeals together and by a single judgment dated 31.3.65 dismissed both, the two appeals, substantially agreeing with and upholding the findings of the trial Court. 7. The plaintiff has preferred S.A. No. 27/66 and the ..

Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1

Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)

....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......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..

Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1

General Manager, Bogra Cotton Spinning Co. Ltd. Vs. Chairman, Rajshaht Labour Court & another, 1979, 8 CLC (AD)

....of reinstatement was justified. In the result, therefore, both the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 329. ......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..

Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182

Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

.... Shah Alam & another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a de...... 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..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3

Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)

....ave decided the ques­tion on the facts before us. In the result, we dismiss the appeal with­out any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ...... 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..

Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236

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   ...... 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 ..

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

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

....d order. In the result the rule is discharged without any order as to costs. Rafiqur Rahman J. — I agree, Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 332   ......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 ..

Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1

Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)

....thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ...... 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..

Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2

Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)

....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......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..

Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95

Shaikh Keramat Ali Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1979, 8 CLC (HCD)

....iling an application under section 494 of the Code. No order as to costs. Rafiqur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 346   ......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..

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)

....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   ......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..

Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2