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Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
.... his written statement and the added defendant Nos.3-5 in their joint written statement have stated that the defendant No.1 did not execute the deed of agreement in suit and did not agree to sell the disputed household property to the plaintiff and that the agreement in suit is a forged, fraudulent,......ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
.... and the clear instructions of the Election Commission and gave further direction to the Returning Officer to appoint day for holding fresh poll of the adjourned election of Ward No 2. It is not disputed that the fresh poll in Ward No.2 has again been held on 15.4.84 in accordance with the Rule......Parishad on the basis of the Chairman election held on 15.1.84 and the defendant No.1 is bound to publish the result in the official Gazette; (b) restraining the defendats permanently from holding or arranging to hold a fresh Chairman election in the said Union Parishad under the Local Go..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......e in mess and property. The defendant being indigent was allowed by his affluent brother Rajani to live in the house as a licence. Defendant in collusion with the Municipal assessor has created a new holding No. 319 but the entire premises which is holding No. 328 belonged to Rajani, Plaintiff's..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
....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
......angladesh is hereby appointed as the Administrative Manager of the Titas Gas Transmission and Distribution Company Ltd. and he is directed to report for duties immediately. The officer currently holding the aforesaid post should vacate and will work as an officer on Special Duty until further o..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....or description of the office held by the signatory, are normally written by the office, which may be called a clerical function. Since the signature of the Chief Martial Law Administrator is not disputed and the operative part of the order describes him as such and his designation of Chief...... the President Mr. justice Abusaadat Mohammad Sayem assumed the powers of Chief Martial Law Administrator and declared that the Chief Martial Law Administrator shall not be deemed to be a person holding an office of profit in the service of the People's Republic of Bangladesh for any purpos..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 ......operation in the area in which the land in question lies. 4. Bangladesh is the appellant. The learned Attorney General appearing for the appellant contended that the High Court Division erred in holding that the word 'transfer' in section 95A of the East Bengal State Acquisition & T..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......p;………..Respondents Judgment March 18, 1980 Result: The appeal is allowed. The pre-emptors cannot succeed on such an application-several co-sharers in the holding were omitted in the pre-emption case and they were not brought on record in spite of objecti..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....ioners in future and for such action of the respondent there was no remedy of the petitioners before this Court exercising its jurisdiction under Article 102 of the Constitution. This position is not disputed by the learned Advocates appearing for the petitioners and the respondents concerned. ......This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78 ..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
.... that the learned Subordinate Judge committed an error in allowing pre-emption in respect of all the plots in dispute although the opposite party No.1 and 3 were not owners of land contiguous to disputed plot No.797. He also urges that the lower appellate court was wrong to hold that the applic......o 3(d) on the allegations, inter alia, that they were owners of land contiguous to the land under pre-emption, that they were bona fide cultivators, that the petitioner was neither a co-sharer of the holding nor a tenant holding land transferred and that they had no knowledge of the transfer earlier..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ...... January 15, 1980 Result: The appeal is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interes..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... 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 ......urt exercising its writ jurisdiction in the nature of certiorari had no jurisdiction to interfere with the decision of the Labour Court, because the Labour Court acted within its jurisdiction in holding the finding of the domestic enquiry perverse and that the petitioner was dismissed for his t..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....35. A Government servant cannot claim promotion as a matter of right because no such right has been conferred upon him by law but he has a right to be considered for promotion. It cannot therefore be disputed that the petitioners had a right to be considered for promotion to the post of joint Secret......rity of officers appointed to a particular grade of posts in Bangladesh and there is also no combined list showing the inter se seniority between the officers of one list and officers of another list holding the same cadre of posts. It was stated that no list has been prepared by the Government of B..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
......f facts and circumstances of the case and on perusal of the pleadings of the parties and evidence on record allowed both the complaint cases and ordered reinstatement of the complainants thereof holding that since the workers had made the loss good by working on holiday (on 19.3.76) in pursuanc..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....sed Abdur Rahman Choudhury) are entitled to 6 anna share by inheritance under the Mohammadan Law. But the plaintiffs have set up the case of verbal gift to defeat the claim of these defendants in the disputed property and that the suit ought to be dismissed and the succession certificate should...... and effect of evidence of P.Ws. 5,6 and 8 and was wrong in not relying upon their evidence in deciding the issue as to genuineness of gift. He has also submitted that the Court below erred in law in holding that section 23(1) of the non-Agricultural Tenancy Act rendered the personal law of Mohammad..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ts earlier brought a suit for specific 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 instal...... share of the plaintiff, whether it was 1/3rd or 1/6th; and, secondly, the suit for partition by the plaintiff was incompetent. The trial Court negatived the first part of the claim of the plaintiff, holding that his contribution was to the extent of 1/6th and on the second question, the contentio..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
...... an order dated 18.7.77 issued under signature of respondent No. 2 Section Officer, Ministry of Works ft Urban Development of the Government of Bangladesh, rejecting his prayer to release a municipal holding from the list of abandoned properties and directing him to vacate it.
2. The municipal ..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......eneral on 3.3.72 and on promotion he was appointed on 30th April, 1977, Deputy Advocate General (Criminal), subsequently re-designated as Deputy Attorney General (Criminal) and since that time he was holding this post till the impugned order removing him from this post was passed. He has claimed to ..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....ier promotion was given but the earlier promotion is not found to have been barred by any statute or rule. Promotion was governed by seniority-cum-efficiency. That the petitioner was efficient is not disputed, so on the ground that there were some persons senior to him, his promotion cannot be assai...... to the Office Superintendent on 24-10-73. The authorities being further pleased with his meritorious service again promoted him to the post of Assistant Manager on 29-8-77 and since then he has been holding the post and discharging his duties to the utmost satisfaction of the authorities. But sudde..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....r 22 of the Code. The first rule allows the appellate Court to dispense with the service of notice on certain categories of respondents, if the conditions set out therein are fulfilled, and it is not disputed by the parties that the dispensation of service of notice by the Registrar was duly ma......substituted, the appeal as against the heirs of the respondents, and as a whole, had abated. A further attempt for revision of this order was made on 6.6.78 but the learned Judge rejected application holding that the order passed earlier on 12.4.78 was open to appeal. Leave was granted to consider t..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
......he government want to form an opinion as to whether they should direct withdrawal from prosecution they have got other ways to obtain materials for forming such an opinion. This may better be done by holding a confidential enquiry without communicating anything to the parties, particularly, to the c..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
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