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Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)

....leges of Member of non-statutory Commissions. (24) Transfer and posting of Joint Secretaries in the Secretariat. (28) Making of Rules regulating the appointment and conditions of service or persons in the service of the republic. 6. Officer's visit abroad (a) Officers of the ......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120   ......be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120   ......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120   ..

Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

....ition of the country none could dare to resist or take any step to protect the rights of the Company. It has been further alleged that on investigation made it was re­vealed that some influential persons in the administration of the Awami League Govern­ment in league with the former employee......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7.   ...... pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7.   ......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7.   ..

Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2

Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

.... condition of the country none could dare to resist or take any step to protect the rights of the company. It has been further alleged that on investigation made it was revealed that some influential persons in the administration of the Awami league Government in league with a former employee of the......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ...... No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

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

....mily conduct within the meaning of section 50 of the Evidence Act. The information gathered from the entry in S. A. Khatian, the L.A. case records and the rent receipts were not opinions of persons who had special means of knowledge in proving relationship. I do not find much substance in ......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)

....ent and conditions of service of person in the service of the Republic provided that it shall be competent for the President to make rules regulating the appointment and conditions of service of such persons until provision in that behalf is made by or under any law, and rule so made shall have effe...... 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

Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....e-emption case on the ground that the ap­plication was bad for defect of parties and that the learned Munsif failed to record any finding on the point as to whether the pre-emptor petitioners are persons entitled to pre-empt the transfer under section 90 of the State Acquisition and Tenancy Act.......for pre­emption are affirmed. In 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) 89.   ......isdiction) Present:                       Abdul Wadud Chowdhury J Sultan Hossain Khan J Shahidur Rahman Molla & others………………&h......for pre­emption are affirmed. In 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) 89.   ..

Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

.... pre-emption case on the ground that the application was bad for defect of parties and that the learned Munsif failed to record any finding on the point as to whether the pre-emptor pe­titioners are persons entitled to pre-empt the transfer under section 90 of the State Acquisi­tion and Tenancy Ac......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......This Case is also Reported in:35 DLR (HCD) (1983) 79. ......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ..

Category: Property Law | Date: 10 Dec, 1981 | Hits: 19

Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)

....eans a person who has acquired from a proprietor or a tenure-holder a right to hold non-agricultural land for any of the purposes provided in this Act, and includes also the successors-in-interest of persons who have acquired such a right. (3) "Under-tenant" means a person who has acq...... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116   ...... Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116   ...... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116   ..

Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10

Dr. Abu Ahmed Chowdhury Vs. Bangladesh represen¬ted by the Secretary of the Ministry of Health and Population Control and others, 1981, 10 CLC (HCD)

....hem was served with any such order of retirement. So, this fact goes unchallenged that the Government did not apply its mind as to why this particular doctor should be singled out from amongst the 35 persons for the purpose of passing such an order under section 9(2) of Act XII of 1974. In......hority. In the facts and circumstances of the case there will be no order as to costs. Ed. Sultan Hossain Khan J.—I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 21 ......ill be no order as to costs. Ed. Sultan Hossain Khan J.—I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 21 ......hority. In the facts and circumstances of the case there will be no order as to costs. Ed. Sultan Hossain Khan J.—I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 21 ..

Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1

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

....r reverse the finding of the enquiry commit­tee on appreciation or review of the materials afresh as placed before the enquiry officer. The petitioner though in his explanation named certain persons to be examined by the Enquiry officer but during enquiry he has not requested the enquiry of...... 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. ......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

Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)

....­sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......­sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......culty of Law of the Universities of Dacca, Chittagong and Rajshahi are members of the Legal Education Committee. One of the essential functions of the Bar Council under Article 10 is to promote Legal education and to lay down the standard of such education in consultation with the Universities of Ba..

Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1

Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)

..... 4 Mukhlesur Rahman and deceased Matiar Rahman came to his rescue. P.W.4 Mukhlesur Rahman caught hold of accused Azizul Huq and deceased Matiar Rahman caught hold of accused Seraj. The other accused persons fled away. Informant P.W. 3 Nazrul Islam and P.W.5 Tafidul Hoque (cousins of P.W.1 Rouf) cam......ence pas­sed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16   ......ourt records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16   ......ence pas­sed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16   ..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

.... P.W.3 was branded as an enemy of Pakistan. The Major ordered the execution of P.W.1 on the fol­lowing day. He was kept confined in a small room of Chuadanga. Vocational School along with 2 other persons under arrest. In the night he broke the iron rod of the win­dow of the room and fled to ....../-, in default, to suffer rigor­ous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75.     ......nt for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75.     ....../-, in default, to suffer rigor­ous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75.     ..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

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

....ere dilly dallying the execution of the kabala the plain­tiff served a legal notice on 8.1.61. The defendant 3 promptly executed the kabala in so far as 1/3rd share is concerned on 27.1.81. When 3 persons stipulate that they agree to sell their properties, it is obvious that the tenor of such ag......e in the joint property. It was, therefore, an agreement between the plaintiff and the defendants Nos. 2, 4 and 5 for sale, and does not come-within the general rule that where a person is jointly interested in an estate with another person, and purports to deal with the entirely, specific perfo...... order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106.   ......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.   ..

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

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

....y had been denied due process of Law in proceedings leading to their convictions. The District Court after satisfying itself that the Court Martial which tried the prisoners had jurisdiction over the persons and crimes charged and jurisdiction to impose the sentence witch the prisoners received, dis......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   ...... 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

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

...., 86, 87,90, 91, 112, 133, 134 and 135 of 1980, 65 & 96 of 1980, 155 of 1980. Judgment Mustafa Kamal J.—These eighteen Rules under Article 102 of the Constitution were obtained by persons owning various plots of land in Mouza Ramchaadrapur under P.S. Mohammadpur, district Dacca, ......e has nevertheless 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 hou......d till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407   ......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407   ..

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

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

....he gradation list of Engineering Pool. He has submitted that as the senior most Officer in the Engineering Pool he was entitled to the aforesaid next higher post. But in a most arbitrary manner these persons who were junior to him in the grada­tion list were promoted to the aforesaid post of Sup......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. ......acts 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)

....ons were based on the requirement of law for issuance of a writ of mandamus. It would be noticed in the first place that Article 98 of the Constitution is available to a much wider class of persons than those who could ask for the issuance of a writ of mandamus." "It is clea......ituted attorney, petitioner Zamiruddin Ahmed is also sister's husband of Towab. The application by the petitioner is maintainable as the petitioner is a close relation of Towab, inasmuch as he is interested in the welfare of Towab. It has been stated that Towab's father is dead. It was neces...... accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 34   ......76. On his being forced out of Bangladesh he arrived in West Germany and had to obtain a residence visa as Bangladeshi citizen on the basis of his Bangladesh Passport No. B134505. In keeping with his education and sense of propriety he did not use the Diplomatic Passport he was carrying at that time..

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

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

....eved that it was executed on July 5, 1975 i.e. earlier than the appellant's sale-deed. Accused Ibrahim, husband of Amatun Nessa was one of the attesting witnesses of this sale-deed, other accused persons are closely inter-related with her. On the strength of the ante dated saledeed the accused p......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 ...... 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 ......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 ..

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

Southern Fisheries Ranong Corporation and others Vs. Kingfisheries Industries Ltd. and others, 1981, 10 CLC (HCD)

....but certain facts and circumstances which were brought to the notice of the court during the hearing of the appeal were too serious to be ignored by the court. We therefore felt obliged to direct the persons concerned to file affidavits explaining the facts and circumstances leading to the escape of......er. Communicate the order to the Court concerned expeditiously. Abdul Matin Khan Chowdhury J.—I agree Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 23   ......peditiously. Abdul Matin Khan Chowdhury J.—I agree Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 23   ......er. Communicate the order to the Court concerned expeditiously. Abdul Matin Khan Chowdhury J.—I agree Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 23   ..

Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2