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Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93. ...... No.1 is the sole proprietor of M/S Selraj Production. He was faced with financial difficulties as such he accepted the petitioner as a partner in producing the said film. The petitioner paid an amount of Tk. 2,75,000/-on 15-11-77 to the opposite party No. 1 who executed document on 15-11-77 wh......if. He further submits that the learned District Judge ought to have affirmed the ad-interim order of injunction granted by the learned Munsif as the damage to be caused cannot be compensated by money nor it can be calculated in terms of money. He has relied on 3 decisions, namely, PLD 196..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....s an industrial dispute so that in case of such dispute a worker would be entitled to move the Labour Court under section 34 of the Ordinance, views were expressed that if this were possible the whole purpose and scheme of the legislation which provided for the settlement of an industrial dispu...... Section 34 can certainly be invoked for the necessary relief against such infringment, if other conditions of the said section are fulfilled because victimisation for trade union activities may amount to an infringment of right guaranteed or secured by any law. But it appears to us that if Sec...... 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 ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
.... destroyed. P.W. 4, the manager of the tea estate admits, "There were of course some tenanted lands outside the land of the tea plantation area but within the orbit of the Dhamai Tea Estate as a whole." If that is so, the claim of the defendant No.1 to be a tenant of the suit land is not a......he appellate Court then found that the defendant no. 1 has been in possession of the suit land for the 'last 25/26 years. It found that the defendant no. 1 has, been described as a tenant and the amount paid by him has been described as rent in Ext. 3, a rent record book, in Exts. C, C (1) and C......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
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....d of the plaintiff No. 2 might have handled the document after these were handed over to the donors by the donor. This witness in his lapse of memory and in the absence of accurate observation of the whole incident and in view of narrating the same after a long time is not expected to narrate each s......ance from the tenant and after deduction of the advance per month a sum of Rs. 2,500/- was being received She also could not say how much money was being deducted from the rent, nor she could say the amount of loan which was being deducted from the loan. She stated that they received a total sum of ......r deposed that thereafter he husband applied to Income Tex Authority for income tax clearance certificate and he received letters from the Income Tax authority asking him to deposit the required money towards gift tax and to obtain the certificate. The donor, however, died on the following..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. ...... 54 of the Transfer of Property Act cannot alter the nature of the transaction between the vendor and the vendee or affect the pre-emptor's right in respect of it and if the transaction amounts to a sale in fact, then notwithstanding that it is not in the form prescribed by secti......fic performance of contract against Kamal Rani Devi and got a decree in that suit and it was put in to execution. In the earlier suit and in the present it is not disputed, that the consideration money was Tk. 30,000/- and it was paid on two occasions by instalment of TK. 15,000/- and on the ear..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......ting lease of the fishery for a term of three years. 1384 B. S. to 1386 B. S. at the annual rental of Tk. 42,000/-and lease of the fishery for three years was granted; and that he paid the entire bid money on the same date and possession of the fishery was duly delivered to him on August 26, 1977; a..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
.....
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
...... the charge-sheet that they were irregularly admitted for getting undue favour and wrongful gain from the fathers of those cadets in the matter of purchase of a house at an abnormally low price which amounts to misconduct and corruption as defined in rule 2(b) and (c) of the Cadet College Employees .......
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....r Rahman Khan, the learned Senior Counsel appearing on behalf of the appellant and on consideration of the unqualified apology tendered by the appellant, we gave our serious consideration to the whole case, and we felt that the appellant may be leniently dealt with this time. In the circum......ot be accepted that a person of his status could make such a statement and that too against a sitting Judge. We noticed the appellant from the very beginning was very much adamant in his stand and no amount of good counsel from his friends in the bar provailed upon him. He went on repeating the stat......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
.... facts and circumstances of the cases, 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) 306 ......d is short and if such deficiency is not accounted for to the satisfaction of the officer-in-charge of the custom-house, the master of such vessel shall be liable to a penalty not exceeding twice the amount of duty chargeable on the missing or deficient goods, if they be dutiable and the duty leviab...... facts and circumstances of the cases, 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) 306 ..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)
....ut having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ......ut having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ......received complaints from several quarters regarding the undesirable activities of some persons impersonating themselves as clerks of Mukhtears and Lawyers, harassing the litigant public and extorting money from them under various pretexts, whereupon the Secretary issued a notice upon the members, of..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
....etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ......order of the Respondent taking the ground that the petitioner was not dismissed or removed from service but his services were terminated as he was a temporary hand and as such the termination did not amount to dismissal or removal as referred to in Article 177 of the late Constitution corr......etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......at his services are no longer required. He has challenged this termination alleging that he has been victimised by the respondents whose financial irregularities resulting in loss of the Corporations money and reputation were pointed out by him. Respondent Corporation entered appearance by filing an..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ......med Mr. M. A. Taher, his successor .In office about the aforesaid payment of TK. 10.990/- to the wife of Mr. Lutfur Rahman paid out of the fund of the Board and told him that he would refund the Said amount if the authority did not ultimately agree to grant her 'any compensation. In March, 1970 ......lanning authority, but no sanction for any compensation was given by the authority. The petitioner being very much sympathetic to the widow of deceased Lutfur Rahman helped her from time to time with money in her distress. The petitioner paid Tk. 10,990/-(Taka ten thousand nine hundred and ninety) i..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......corpus in India is governed by section 491 of the Code of Criminal Procedure. It further held that successive application under section 491 of the Code of Criminal Procedure would amount to reviewing the earlier decision which is barred by section 369 of the Code of Cri......now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....as given his remuneration of Tk. 2500/- under clause 30 of the amended Articles and this amount was reduced by the subsequent amendment dated 10-6 63 and as such the petitioner was in the know of the whole matter. The petitioner admitted his signature but denied his knowledge about the matter explai......ing who were neither share-holders nor directors. He alleged that with the help of his brothers-in-law the petitioner interfered with his management of the Company affairs and also misappropriated an amount of Tk. 52,000/- for which he had to file the T.S, No. 112 of 1973 against the petitioner. As ...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......e under section 406 B.P.C. have not been disclosed against the petitioners. The learned Advocate there-fore, submitted the continuation of further proceedings against the petitioners, would amount, to an abuse of the process of the Court and the fad proceeding should be quashed for the end......ng on behalf of the accused petitioners submitted that the case as air against the petitioners is a false and concocted one instituted only to put pressure upon the petitioners for realization of the money advanced. He further submitted that the petitioners are bona fide businessmen end the transact..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ...... Secretary to Govt. or Chairman of the Tariff Commission with the rank and status of Secretary in a substantive capacity but he was officiating in this post and as such the order of reversion did not amount to an order reducing him in rank so as to attract Article 135 of the Constitution. ......er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ......nd enjoyed by defendants Nos. 1 to 8 the plaintiff demanded back the land, but was refused. 2. Defendants asserted that the lands were auction purchased by defendant No 9 in a rent suit with his money and for his own benefit and, while he was in possession defendant No. 8 purchased the same fro..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......ty was at the relevant time of its purchase not less than 4 to 5 lac but in the sale deeds the price was shown as Rs. 80,000/- only. The property, it was alleged in the charge, was purchased with the money beyond the known sources of his income. The respondent was asked to show cause why he should..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
....flict is incidental to the partition and cannot be avoided before partition is directed. Such a case does not fall within the category of claims utterly hostile where each demands not a share but the whole.”
8. Mr. Gafur has laid much emphasis on the first, and the last, sentence in the a......t, is in no view a cotenant with them, but stands out on his own independent right and denies all right in his adversaries, can be drawn into a partition suit for decision of the question of title paramount. But, in any view, the principle appears to us to undoubtedly sound that where there is confl......ed partition but was refused by the defendants on 15.2.62.
3. Defendant No.1, and defendant Nos. 2 and 3 filed two separate written statements. Defendant No. 1 contended that he paid the auction money and purchased the suit land in the name of the plaintiff's father and was in possession of..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
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