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Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
.... of the case P.W.13 seized some papers from the office of District Adjutant of Ansars on 16-8-72. Neither P.W.13 nor P.W.15 throws any light on this aspect of the case not do they say that inspite of handing over of the investigation of the case to P.W.15 on 29-7-72, P.W.13 was authorised to seize s....../-, 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 RanÂdolph and others, 1981, 10 CLC (AD)
.... Miss Chilia RanÂdolph and others....................Respondents Judgment October 28, 1981. Result: The appeal is allowed. Case Referred To- Harendra Chandra Das Vs. Nanda Lal Roy, 36 C.W.N. 1002. Lawyers Involved: Syed Ishtiaq Ahmed, Sen......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)
....949) 1 All E. R. 373; Ex Rel. French Vs. Weeks, 259 US 326; Burns Vs. Wilson, 344 Us 137; Bangladesh Vs. Md. Abdur Rab, 33 DLR (AD) 143; Bangladesh Vs. A. K. M. Zahangir Hossain, 1981 BLD (AD) 378; Khandker Ehteskamuddin Ahmed Iqbal Vs. State, 1981 BLD (AD) 107; Attorney General for the Province o......provision limited to the purpose of ensuring the proper discharge of their duties or the maintenance of discipline in that force. The Constitution has demarcated a clearly defined class of citizens denoted as disciplined force, and they have been brought within ambit of the special legislation and m..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
....ct of refusing Towab to re-enter into Bangladesh.
25. The learned Deputy Attorney General contends that he who seeks remedy under article 102 of the Constitution must come with a clean hand. In the instant case he contends that false statement have been made in the petition suppressin......not mean that he must establish that he has been 'injured" by violation of pecuniary' or proprietary right vested in him or by contravention of any franchise that he claims. We may again note the word "injured" as used in section 45 of the Specific Relief Act is dist..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....thrown out. It is not the activity which was performed in the past or immediate past which had been made offence under another special statute, e.g., President's Order No. 8 of 1972. On the other hand by making President's Order No. 8 of 1972 retrospective a person who has aided, abetted, pa......thin its mischief. 46. As mentioned earlier that the entire President's Order 67 has been drafted in present participle tense which means: “Applied to that tense of a verb which denotes an action now going or a condition now existing” (Oxford English Dictionary) 4..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....t of the Senior Advocate in a premeditated act only to protract the suit to the harassment of the other part is based on surmises and conjectures. Mr. Abdur Rab II, the learned Advocate, on the other hand, submits that the Courts below have found as fact that there was no sufficient ground for the a......ion. It is curious enough that the learned Additional District Judge while disposing of the matter did not state the fact that the learned Advocate was engaged in the High Court Division. He has only noted about it as the learned Advocate's pre-occupation in some other court. In spite of having ..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
....d in the complaints have not been committed while acting or purporting to act in the discharge of official duty. 6. Mr. Serajul Hug the learned Advocate for the opposite party, on the other hand, submits that the offences alleged to be committed by the Sub-Inspector of police and the polic......, 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 ..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
....an order of ad-interim injunction that the petitioner could not make over charge to the opposite party No. 2. Mr. Nurullah submits that since the non-compliance with the statutory requirement of handing over charge was involuntary and was due to the intervention of a Court of law, the lear......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 ..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)
.... Industrial Relations Ordinance, 1969--Terms and conditions of such employees are regulated by Town Improvement Act and rules ……….. (13) Lawyers Involved: Amir Hossain Khandker, Advocate, instructed by S.M. Huq, Advocate-on-Record— For the Appellants ......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
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....41;Matajoy Dobey Vs. H.C. Mare, AIR 1956 SC 44; Padfield Vs. Minister of Agriculture, Fisheries and Food, (1968) 1 All E.R. 694; Shymlal Vs. State of U.P. AIR 1954 SC 369; State of Bombay Vs. Saubhagehand M. Doshi, AIR 1957 SC 891; Shiva Charon Vs. Stare of Mysore, AIR 1965 SC 280; Toro Singh Vs. St......impugned notification purporting to retire the appellant from service in exercise of the power conferred on it by Section 9(2) of the Public Servants (Retirement) Act, 1974. It was surprising to note, the learned Counsel submitted, that when, in view of the extreme shortage of doctors the Gover..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....nd the case to the Court of Sessions as required by section 205C of the Code as amended by the Ordinance. 5. Mr. S.K. Sinha, learned Advocate appearing for Opposite Party No. 2 has, on the other hand, submitted that in the instant case the enquiry under sub-section (2A) of section 202 was alrea......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 ..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
....on with the lessors. The lessee chose to take recourse to the extraordinary power of the government to requisition the property. We are constrained to take the view that there was some amount of high-handedness in making the order of requisition, and the order of requisition is arbitrary T......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....s, clear that approval of the Elections, Commission was neither obtained before holding the poll nor the Election Commission accorded its approval subsequent to the holding thereof. On the other hand, the Election Commission insisted that a day be appointed for fresh poll with its approval and,......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 ..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....rty shall pass at such subsequent time; (iii) intention is a question of fact and has to be gathered from facts and circumstances of each case; (iv) the mere fact that an f.o.b. contract provides for handing over of bills of lading against payment does not justify a presumption that property is to p......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
.... mala fide and passed in violation of the principles of natural justice.
6. Some background is necessary to understand the position inter se of the Enterprise and the Corporation on the one hand the appellant on the other. Originally, the appellant was employed as Internal Auditor in the T......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
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Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....2 PC 464; Kishore Vs.Yashivantrao, AIR 1957 MB 17; Ahidhar Ghose Vs.The Secretary of State for India-in Council 36 CWN 665;Fazlur Rahman Vs. Sajab Ali, 30 DLR SC 30. Lawyers Involved: M.H, Khandker with Abu Backker Advocates-For the Appellant. M. Golam Rabbani with Ranes Chandra Maitr......st on 28.2.73. A Pleader Commissioner was appointed by the Court's order dated 18.9.73 to effect partition of the suit properties. By Order No. 77 dated 10.6.75 the learned Subordinate Judge noted that the pleader Commissioner has submitted his report. He fixed 10.7.75 as the date for ..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... the evidence of murder. Regarding the motive the Court found that the appellant had an apparent motive which was to silence the victim from disclosing the circumstances under which he was caught red-handed in the company of Monowara in seclusion. The Court further found that there was absence of he...... Ministry of Law there was no proper review as contemplated under the Regulation which is indicated from the Memo, dated September 23, 1978 from the Ministry of Law enclosing an extract of the review note. The memorandum annexed to the writ petition as Annexure 'D' reads as under:- &quo..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......right guaranteed by the Constitution. 5. Before we consider the relevant contentions it will be relevant to consider section 95A which was inserted by amendment. It will also be relevant to note that sub-sections (4) and (5) were added to section 95 of the Act by Article 2 of President'..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....of the I.R.O.". 84. In I.R.O. Case No. 219 of 1973 the Labour Court arrived at the following findings: "In fact, the charge of misconduct was not proved at all. On the other hand; it is, found from enquiry proceeding that as the Assistant Manager got the attendance regis&sh......ssible the whole purpose and scheme of the legislation which provided for the settlement of an industrial dispute will be defeated. The interaction between sections 34 and 43 which are carefully noted in the aforesaid decision in the following words further highlights the purpose and scheme of ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....njoyment of the property belong to the tenant and not to the landlord. The right of ownership as well as the right of which it is composed are rights in rem is transferred to the lessee. On the other hand a "licence" as will appear from its definition in section 52 of the Easemen......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
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