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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 ......ol of the Government of Bangladesh, but could not formally report to the Government of Bangladesh at Mujibnagar, Rule 4 says that a freedom fighter shall be given two years antedated seniority in the post held by him, or in the service he belonged to, on 25th March, 1971 with all attendant benefits ......d 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 BLD (AD) 140; State of Mysore Vs. Padmanabhacharya, AIR 1966 SC 302; Shahabuddin Vs. Pakistan, PLR 1957 K..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)

....hort is that the land id suit originally belonged to his father. While his father was in possession of the same as owner he sold the suit land to defendant No.1 for a consideration of Tk. 1000/- by a registered deed, dated 20.10.58 and on the same day an agreement was entered into between the said t......e said land on many occasions with a prayer for reconveyance of the suit land at agreed upon but was refused. Lastly in the month of Agrahayan 1374 B.S. the plaintiff served a notice, by a registered post through his lawyer, upon the defendants demanding the reconveyance on payment of the considerat...... circumstances of that particular case. 7. The matter however has finally been set at rest by the Appellate Division of this Court in the case of Sawkat Ali Vs. Samsun Bibi, reported in 27 DLR. (AD) at page 59. Their Lordships of the Appellate Division of the Court expressed themselves in this ..

Category: Property Law | Date: 7 Dec, 1981 | Hits: 2

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   ......about half an hour P.W.3 Nazrul islam came to the place of occurrence with the police and found the dead body of Matiar Rahman. P.W.11 Dr. M.A. Sattar, Assistant Surgeon, Dinajpur Sadar Hospital held post mortem examination on the dead body of Matiar Rahman on 1-9-69. Sub-Inspector Abdus Salam (who ......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

Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)

.... the plaintiff is against the decision of the learned Sub-ordinate Judge, Noakhall affirming those of the Munsif, Third Court, Noakhall passed in a suit for more declaration that a sale deed No. 5058 registered on 30.6.70 at the Senbagh Sub-Registrar Office purported to have been executed by the pla......affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255     ......affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255     ..

Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2

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

.... Kotwali, Chittagong out of the total consideration of Rs. 6,000/- (Rupees six thousand) only for which we agree to sell our properties shown in schedule below. We shall execute and gel the kabala registered within 17th day of January, 1961, on receipt of balance of Rs. 4000/- (Rupees four thous......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.   ......he defendant 1 and 3 on payment 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

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

....ame with the observation that there is no substance in the petitions. 6. The petitioner in Writ Petition No. 96 of the second group is Dacca Housing Corporation Limited, a public limited company registered under the Companies Act. The purpose of the company is to purchase lands at market price,......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   ......ined in Annexure 'C' to the writ petitions of the first group and in the writ petitions of the other groups as well and runs as follows :- GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH MINISTRY OF LOCAL GOVT. RURAL DEV. & COOPERATIVES SECTION-XIII. No. S-XIII/11-15/78/6..

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

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

....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. ......ioner to the next higher grade. In this connection it may be stated that by way of re-examination of the qualifications of the petitioner, his seniority in his present grade or his continuance in the post was never sought to be altered. It is doubtful whether the authorities can alter or change......tan Hossain Khan J A.H.M. Aminur Rahman………………………………………Petitioner Vs. Chairman, BADC & others…………………………&hel..

Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1

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

....g it with intent to defraud the complainant-appellants. Facts are that accused Amatun Nessa (acquitted since then) inherited 283/4 decimals of land which she sold to the appellant and his cousin by a registered sale-deed dated July 18, 1975 on consideration of Tk. 2500/- but after 10 days she again ......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 ......de and that of the 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

Bengal Water Ways Ltd & Another

....hich were however not fully paid. In the circumstances, respondent No. 1 filed an application in 1973 under Section 162 of the companies Act, for winding up the company. The application was registered as Matter No. 15 of 1973, which was however dismissed by the learned Company Judge on 22-......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435     ......e or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435     ..

Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0

Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)

....appeal by the defendant has arisen out of a suit for specific performance of contract of reconveyance. The plaintiff's case is that he sold the suit land to the defendant for Rs. 3000/- by a registered deed on 13th As win 1370 B. S. on condition of repurchase of the same land from the defen......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   ......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

Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)

....lant 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 registered Kabala dated June 9, 1945 to the Sylhet Commercial Bank. There was an Agreement for recon......irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......sion, and it is directed that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ..

Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0

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 ...... thereafter filed a writ petition being petition No. 296/47. He mentioned that on 19th December, 1971, he was kidnapped from his residence by an armed gang. He was mercilessly beaten and tied to to a post inside a room to await execution on the following morning. He passed the night almost in an unc......on order as to costs. 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 ......ot been defined under section 3 (1) (42) but this section simply says that tax includes rates, tolls and fees. What is has been left to be understood in its ordinary meaning which is that tax is an impost leviable by or under the authority of the State. Section 33 of the said Ordinance empowers the ......ellip;…….Respondents Judgment March 10, 1981 Result: Appeal is allowed. Case Referred To- American Life Insurance Co. vs. Dacca Pourashava (1979) 31 DLR (AD) 276. Lawyers Involved: T. H. Khan, Senior Advocate, Instructed by B C. Panday, Advocat..

Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

...., 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   ...... by accused opposite-party No.1, accused Tofel Ahmed and other accused person. On a petition filed by the nephew of the husband of the complainant peti­tioner before the Sub-divisional Magistrate post­mortem examination of the dead body of Eksir Mia was held on 22-12-79. On 31-12-79 i.e. on ......, 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

Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)

....p; Respondent  Judgment February 10, 1981 Result: Appeal is dismissed Trade 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 ......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     ...... necessary to refer to other objections 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.   ......iled an application under Article 102 of the Constitution of the People's Republic of Bangladesh alleging inter alia that he was appointed as a Custom Inspector on 17.8.77 and he duly joined that post on 22.8.77, but while on duty he received the impugned order dated 28th December, 1977 terminat......fore, this appeal is allowed 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

Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)

.... Administrator of Waqfs removing the petitioner as one of the Mutawallis of a Waqf estate. 2. Facts necessary for the disposal of the Rule are that the father of the petitioner by a deed of Waqf registered on 14.6.51 created a Waqf. It was provided in the said deed that after his death his daug......hand­ing over charge was involuntary and was due to the intervention of a Court of law, the learned Additional District Judge should have held that the appeal was not maintainable. He should have postponed the hearing of the appeal until the injunction matter was disposed of and until the petiti......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

Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

.... the Supreme Court of Pakistan namely, East and West Steamship Vs. Pakistan, constitutionality of the provisions of Section 3 of the Control of Shipping Act (XXVI of 1947) which provides that no ship registered in Pakistan "shall be taken to sea from a port or place within or outside Pakistan e...... Fazle Munim J. - This appeal arises from the judgment and order of a Bench of the High Court Division passed in Writ Petition No. 489 of 1980 on July 26, 1980. 3. The appellant who held the post of Professor of Medicine and Director of the Institute of Post Graduate Medicine and Research w......d without any order as to costs. 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

Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)

....3 to bring Title Suit No. 38 of 1958 in the First Court of Subordinate Judge, Sylhet, for specific performance of the said contract and obtain the decree and there­after get a kabala executed and registered through Court. He obtained delivery of posses­sion through Court on 8-5-66 in presenc......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151   ......aintiffs by the trial Court and so the learned Single Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151   ..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1

Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)

....lip;………… Respondents Judgment August 27, 1980 Result: The appeal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such power of attorney empowers a per­son to execute a deed of ......rney in the manner indicated above and in accor­dance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86     ......e opportunity to prove the power of attorney in the manner indicated above and in accor­dance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86     ..

Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3