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Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ...... report 47 days after the completion of the enquiry. The Inquiry Officer recommended the dismissal of the petitioner; the respondent No. 1 on consideration of the report by his order dated 14.12.79 informed the petitioner directing him to show cause why he should not be dismissed from service. Accor......eputy Director, Rural Development, Khulna Division, as desired by the Commissioner, Khulna Division and in the said preliminary enquiry it has been observed that the petitioner misappropriated public money. The petitioner denied the allegations in the charge-sheet as baseless and motivated. Mr. M. M..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ...... Constitution of Bangladesh (1972), Art. 31 As a citizen of the country the petitioner was entitled to due protection of law. When he could legitimately expect due protection from the Government for maintaining his rightful possession, he was instead illegally dispossessed by the Government off......the petitioner as aforesaid. The petitioner thereafter transferred Taka 36,30,000.00 from his account in Sonali Bank, London Branch to Sonali Bank, Dargagate, Sylhet and paid the entire consideration money on 20-4-1981 and on the same day the Government executed and registered a deed of sale in favo..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....idavit-in-opposition which was supposed to be drawn up on the basis of the records of this case, it was asserted in para 8 that "it is also not a fact that the petitioners made any plantation as claimed." It is indeed' unfortunate that a responsible officer like the Section Office......d a few words of my own. 2. We have felt obliged to take notice of certain facts that came to light in course of hearing of this matter and also from the government file that was produced before us by the learned Assistant Attorney General. 3. The petitioners in the Rule has alth......which has been annexed to the petition as Annexure A. 14. It has been further stated in the petition that the petitioner No.2 and his wife late Mrs. Halima Banu had invested large amount of money previously for development of the inaccessible area and they transferred all their rights in t..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)
....davit in opposition which was supposed to be drawn up on the basis of the records of this case, it was asserted in para 8 that "it is also not a fact that the petitioners made any; plantation as claimed". It is indeed unfortunate that a responsible officer like the Section Officer who has ......e to add a few words of my own. We have felt obliged to take notice of aerie in facts that came to light in course of hearing of this matter and also from the Government file that was produced before us by the learned Assistant Attorney General. 2. The petitioner in the Rule have although ...... of which has been annexed to the petition as Annexure-A. 12. It has been further stated in the petition that the petitioner No. 2 and his wife late Mrs. Halima Banu had invested large amount of money previously for development of the inaccessible area and they transferred all their rights in t..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....aintiff was never the grand-son of Gour Majhi, but was the grand-son of Keroly Majhi, brother of Gour Majhi and thus had no interest and was not a co-sharer in the partiable land and as such he could claim 8 annas share thereof on partition. In that view of the matter, the impugned judgment and decr......ndra Mondal and others is against the judgment and decree of the learned Special and Additional District Judge, Dacca, reversing those passed by the learned Munsif Second Court, Narayangonj in a suit for partition. The plaintiff's case may briefly be stated as follows: That the suit propert......tion of the partiable land was acquired in L.A. case No.2 of 1966 and it is seen that in that L.A case the compensation was assessed in the name of defendant No. 1 alone who withdrew the compensation money without any protest from the plaintiff. If the plaintiff was 8 annas shareholder of the proper..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....did not join his duty. The Government of Pakistan promoted him to the post of Assistant General Manager, Postal Life Insurance in May, 1971, but he did not accept the promotion. Respondent No. 4 also claimed that his residence at Bogra was set on fire and all his personal effects were looted and bur......of a memorandum No. ED/SP-11(M)-9/78-47(500) dated 18th March, 1978 issued by the Secretary Establishment Division of the Cabinet Secretariat of the Government of Bangladesh providing a comprehensive formula for grating benefits to the employees who participated in the war of liberation; the aforesa...... 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)
....dred and seventy five standard bighas have been substituted by hundred bighas under the provision of P.O. 98 of 1972)". 5. The, pre-emptor-petitioners have averred in their application claiming preemption that they were persons who would be entitled to purchase by pre-emption the...... Aminul Hoque— For Opposite Party. Civil Revision No. 54 of 1978. Judgment Sultan Hossain Khan J. — This Rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-empti......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)
....ds three hundred and seventy five standard bighas have been substituted by hundred bighas under the provision of P.O. 98 of 1972." 5. The pre-emptor-petitioners have averred in their application claiming pre-emption that they were persons who would be entitled to purchase by pre-emption the lan......asirul Hoque, Md. Aminul Hoque - For the Opposite Party. Civil Revision No.54 of 1978. Judgment Sultan Hossain Khan J.- This rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-e......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)
....nt on the land had obtained possession from a person who was himself in possession of the land at the time when the tenant was so settled and there was no absence of good faith in the settlement, the claim for khas possession could very well be resisted, on the strength of the principle enunciated i......age Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the Court a......ther by a Conditional Sale a Mortgage Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, ..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....e decree of Specific Performance of Contract in respect of the entire suit land, the court decreed, the suit on contest with costs. 4. At the appellate stage Performa defendant Nos. 2-8 appeared claiming their share to be reconveyed. The court of appeal below however reversed the finding of the......que Chowdhury J. — This appeal at the instance of the Plaintiff is against the decision of the learned Subordinate Judge reversing those of the learned Munsif, 3rd Court, Dacca passed in a suit for reconveyance of land in suit. 2. The plaintiff's case in short is that the land id suit...... a registered deed, dated 20.10.58 and on the same day an agreement was entered into between the said transferee and the transferor for reconveyance of the said land on repayment of the consideration money Within the stipulated period. Plaintiffs father Samiruddin Mia died leaving three sons namely ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....1 of the Order. If along with the course and syllabus prescribed for the Master Degree in law some course of legal training is included then a young man obtaining a Degree of Master of law could claim as a matter of right the exemption that the law entitles him to claim. Our curriculum and syll......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 for consideration of the Court and in course of our perusal of the Bar Council Order (here......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. ...... The appeal is allowed. Specific 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. A......ial facts are a follows: The appellant was the highest bidder for the sale of a vessel named "SS BANGLAR MUKTI" and the respondent accepted the offer of the appellant along with the earnest money, The terms of the payment was 25% of the quoted amount to be paid in case, rest 75% by furnish..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 ......convicted under Section 304 Part II of the Penal Code by Mr. A.H. Chowdhury, Sessions Judge, Dinajpur in Sessions Case No. 30 of 1970 on 9-8-70 and sentenced to suffer rigorous imprisonment for five years. 2. The case for the prosecution in brief is as follows: P.W.1 Abdur Rouf who li......Judge doubted the prosecution case regarding the taking away of Tk. 1200/- by accused Emajuddin from P.W. 1 Abdur Rouf and handing over the same to accused Fazir who is said to have run away with the money and also stated in his judgment that the defence story that stated in his judgment that defenc..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
.... schemes and designs of the then Government in power in Pakistan. The purpose of the purported bye-elections was to constitute a National Assembly with a completely different character and to proclaim before the outside world that the Bengalis are no longer behind the Awami League. The entire e......cial Tribunal Case No.27 of 1972. 2. Accused appellant Saad Ahmed was convicted by the said Special Tribunal under section 121 of the Penal Code read with Article 11(a) of P.O. No.8 of 1972 for waging war against the People's Republic of Bangladesh during the war of liberation and....../-, 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)
....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. ......ed 7th August, 1979 passed by the High Court Division in Second Appeal No. 791 of 1965.) Judgment Badrul Haider Chowdhury J.- This is an appeal by special leave. It arises out of a suit for specific performance of a contract dated 10.12.1959 wherein the defendants entered into ......hat "the plaintiff was plainly unable to enforce the contract exhibit 1 either in its entirety or in respect of the share of defendant 1 and 3". He, therefore, directed the return of the earnest money with the interest and dismissed the suit. The contract in question is Ext. 1 which read..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
.... Government to decide which areas will be developed by which agency. The Dacca Improvement Trust has given its own clearance for the housing scheme a question, and there is no question of a competing claim between a statutory body and a cooperative society. 34. It has also been argued that reco......al J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and Md......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
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
.... 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 persons claimed the land which was already sold to the appellant. The accused persons pleaded not guilty to ...... Appeal is allowed Penal Code (XLV of 1860), Section 464 Forgery Anti-dating of a Kabala to show that it was executed earlier to defraud the holder of the earlier Kabala amounts to forgery. Lawyers Involved: M. Golam Rabbani, Advocate, instructed by B.C. Panday, Adv......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
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 ......াকে ফেরৎ কবলা দলিল রেজিষ্ট্রি করিয়া দিব”।.........(4) In the instant case the general expression with regard to the time for payment of consideration for the reconveyance, within 4 (four) years, 'appears to be in conf...... the writing of the terms of the agreement and he got the date of reconveyance inserted as 30th Kartick instead of 30th Bhadra 1374 B. S. in collusion with the deed-writer: and that the consideration money was not tendered within the stipulated time. 3. The trial court decreed the suit holding ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ......ellip;Respondents Judgment June 30, 1981 Result: The Appeal is dismissed. Bank is unconditionally bound to make pay the amount on demand Bank guaranteeing satifactory performance of contract by seller. Seller defaulted in delivering goods within stipulated time. Purchas...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....sion for transfer under section62 "shall not apply" to this case. 2. Appellant filed Title Suit No.11 of 1960 in the 2nd Court of Subordinate Judge, Sylhet against the respondents claiming that the suit land originally belonged to one Prohllad Chandra Sen who, sold it by a regist...... June 25, 1981 Result: Appeal is allowed. Banking Companies Ordinance (LVII of 1962), Section 62 Banking Companies Ordinance - Winding up order made— A matter pending before the High Court Division or Appellate Division on appeal cannot be transferred to the Company Ju......lly belonged to one Prohllad Chandra Sen who, sold it by a registered Kabala dated June 9, 1945 to the Sylhet Commercial Bank. There was an Agreement for reconveyance of the land if the consideration money was repaid within a period of five years. This period was extended later on by one year, but t..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
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