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Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... 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 ......ed appearance and filed an affidavit seeking to rely on the Government Servants (Seniority of Freedom Fighters) Rules made on 24th December 1979 by the President of Bangladesh in exercise of the power conferred under the proviso to Article 133 of the Constitution of Bangladesh, for gr......ndents Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 B...... 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
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... 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 ......gagee's interest. Section 111(c) of the Transfer of Property Act provides that a lease of immovable property determines where the interest of the lessor in property terminates on or his power to dispose of the same extends only to the happening of any event by the happening of such eve...... Haji Md. Ekramullah & others...................Respondents Judgment December 7, 1981. Result: The Appeal is dismissed. Whether by a Conditional Sale a Mortgage Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act con...... 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
....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
......ondent No. 1 by filing an affidavit-in-opposition. In the said affidavit-in-opposition it has been stated that under section 9(2) of the Public Servants (Retirement) Act 1974 Government had power to retire a Government servant who has completed 25 years of service without assigning any rea......espondents
Judgment
December 2, 1981.
Result:
The Rule is made absolute.
Compulsory Retirement of Government Servant –
No materials were produced before the Court to show that the authority considered the necessity of such retirement and the retirement is in publ......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
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. ......the High Court Division unless he has practiced as an advocate before the Subordinate Courts in Bangladesh for a period of two years. Now under Article 21(1)(c) the Bar Council has been vested with a power to exempt an advocate from the said requirement for reason of his legal training or exper......n Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. Judgment Abdur Rahman Chowdhury J. — While concurring with the order passed by my learned brother I propose to add a few words of my own. In course of hearing of this petition several points have come up......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. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......ade by the plaintiff in the plaint or the relief sought for could be considered as mistake or error on the face of the record. The High Court Division considered that that the court had discretionary power to vary the terms of the contract and pass a decree as deemed just and proper in the facts and......c Relief Act (1 of 1877) Section 22 & 26 Sale of Goods Act (III of 1930), Section 58 Code of Civil Procedure (V of 1908). O.XLVII r.6 Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. Act--Direction is such suit is regula......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....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 ......uot;may alter the finding" "Finding" means the result of a judicial examination, specially into some matter of fact. The expression "may alter the finding'' clearly empowers the appellate court to consider the entire evidence against the accused appellant both as reg......) of the Penal Code provides that in an appeal from a conviction the appellate court "may alter the finding" "Finding" means the result of a judicial examination, specially into some matter of fact. The expression "may alter the finding'' clearly empowers the ap......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)
..../-, 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. ......ahini and who were waging war against Bangladesh. The Special Tribunal however cared more for generalisations than for facts in support of this charge. Instead of making a guesswork as to who had the power and authority to organise the Razakars during the occupation regime the Special Tribunal would......………………………………State Judgment November 3, 1981. Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate....../-, 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
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 ......stency, become void on the commencement of the Constitution. Along with it, if we refer to Article 108, we find that it says, the Supreme Court shall be a Court of Record, and shall have all the powers of such a Court including the power, subject to Law, to make an Order for the investigation o......adesh (1972); Art. 102 (2) (b); Art. 45 & 102 Scope of Enquiry and Interference in Habeas Corpus— Writ - Habeas Corpus--Court Martial- High Court Division has no jurisdiction to interfere with the decision and order of Court Martial except on limited grounds of Coram non jud......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)
....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 ......lves into a co-operative housing, society and embark upon a profitable scheme of land reclamation, land development and housing primarily with the purpose of enriching themselves. To use the coercive powers and machinery of the State in aid of such profit making entrepreneur will clearly not be a pu...... 1980) Syed Ishtiaq Ahmed, with Shah Mohammad Sharif, Mahmudul Islam, Fakhrul Islam, Md. Wahidullah, Farid Ahmed and Nizamul Huq, Advocates—For respondent No. 6. M. M. Hoque, Asstt. Attorney General, for respondent Nos. 2 to 4. Md. Rafiq Mia & others —Petitioners.......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
....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
......Court. It is stated that the respondent did not assign any such reason on 1-7-80. The fact of suppression of holding passports by Mr. Towab, even if true which is denied, does not and indeed cannot empower the respondent to prevent a citizen of Bangladesh from entering Bangladesh or to expel him the......n of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On the test applied under rule 4 of the Passport Rules, 1955 it cannot be said that the pass......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
..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
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 ......ter rejected, unless there is some special reason to the contrary, but this is an expedient to which the court very reluctantly has recourse, and never until it has exhausted every other means in its power to reconcile apparent inconsistencies, and the rule is subordinate to the general principle th......dead, his heirs, Faruk Mia & others.......Respondents Judgment June 30, 1981. Result: The Appeal is dismissed In ascertaining the Period of Time the General Expression is to be Ignored when the Beginning and the End of the Questioned Period of Time is clearly Specified a......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 ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......sed Government of Bangladesh (Services Screening) Order, 1972 – Whether Three clauses of Art. 5 (b), to be read conjunctively so that conduct or activity which was not in exercise of power or in discharge of duty of a government servant falls outside the purview of Art. 5(b)— ......pondent Judgment April 30, 1981 Result: Appeal is dismissed Government of Bangladesh (Services Screening) Order, 1972 – Whether Three clauses of Art. 5 (b), to be read conjunctively so that conduct or activity which was not in exercise of power or in discha......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
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 ......consideration. 7. The first controversy is as to the Interpretation of the Model Tax Schedule. The Government has framed Model Tax Schedule for guidance of the Municipal Committee in exercise of powers under section 35 of the Municipal Administration Ordinance, 1960 and they shell be......er dated 31-5 -79 passed by the High Court Division in Writ Petition No. 135 of 1980.) Judgment Kemaluddin Hossain CJ.—I have had the advantage of going through the judgments proposed to be delivered by my learned brother Badrul Haider Chowdhury, and Shahabuddin Ahmed, JJ. and I conc......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 ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......an prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memorandum of association--Government has the power to direct a registered trade organisation to alter or modify its memorandum and articles of as......de Organization Ordinance (XLV of 196(1); Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memorandum of association--Government has the power to direct a......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ......s appointed this service could only be terminated by maintaining a proceeding under the relevant rules. The High Court Division repelled the contentions that the appointing authority had the inherent power to dismiss the appointee but concluded that once appointment was given and acted upon the appo......ppointment letter was issued. In the absence of selection by the Board the appointment was invalid. Between the interview and the date when he got the appointment letter there is hardly anything to show that he was selected by the Selection Board. An ingenious attempt was made by arguing that a......without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 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 ......ellip;……….Respondent Judgment January 22, 1981 Result: The appeal is dismissed Urban Immovable Property Tax Rules, 1957, Rule 10 Rule 10 gives power to amend or alter the valuation only in cases where assessment is yet to be completed and tax ......……….Respondent Judgment January 22, 1981 Result: The appeal is dismissed Urban Immovable Property Tax Rules, 1957, Rule 10 Rule 10 gives power to amend or alter the valuation only in cases where assessment is yet to be completed and tax is pay......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 ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
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 ......employed mainly in a managerial or administrative capacity; or (ii) who, being employed in a supervisory capacity' exercises, either by nature of the duties attached to the office of by reason of power vested in him, functions mainly of managerial or administrative nature.” 10. The ne......ial establishment and its employees are not workers within the meanting of Employment of Labour (Standing Orders) Act, 1965 - Such employees connot enforce the provision of s. 18 of that Act relating to subsistence allowance pending inquiry into misconduct in a proceeding u/s 34 of Industrial Relati......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 ..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......rue construction of the laws aforesaid, we get, that all rights in such property vest in the Government of Bangladesh and the title of the owner of the property remains subject to the overriding power of the Government, or in otherwards, the title of the owner remains eclipsed or suspended as l......lip;……………………………Respondents Judgment January 8, 1981 Result: The appeal is allowed. Case Referred to- M/s. Dulichand Omraolal Vs. Bangladesh 1981 BLD (AD) 1. Lawyers Involved: M......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
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 ......ed on June 5, 1980 by Prof. M.A. Haleem Additional Secretary-in-charge, Ministry of Health and Population Control retiring him from service with immediate effect. The notice was served in exercise of powers conferred by Sub-section (2) of Section 9 of the Public Servants (Retirement) Act, 1974 (Act ...... Bangladesh & Others………………................Respondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Ram Krisna Dalmia Vs. Justice Tendolkar, AIR 1958 SC 538; Budhan Vs. State of Bihar, AIR 19......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 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ......;diction as to restitution bears only a superficial resemblance to the jurisdiction as to execution. The jurisdiction to order restitution is inherent in the Court and it flows not from any power which it may have to carry into effect the decree or order of the Court, but from the recognit......of Art. 181. A restitution application is not an application for execution of a decree and as such it is not governed by Art. 182 but it is governed by Art. 181 of the Limitation Act. Right to apply for restitution accrues under Art. 181 from the date of the final decree when appeal is pre......preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
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