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Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....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. ......anything contained in any other law for the time being in force, no person shall, after the commen­cement of this part, be entitled to pur­chase or otherwise, acquire, except in accordance with the provisions of this part, any quantity of land which added to the total quantity of land already held..

Category: Property Law | Date: 10 Dec, 1981 | Hits: 19

Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)

.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116   ......e was never foreclosed and the plaintiff's right to redemption not debarred. So far as the right to redeem is concerned, a mortgage by a, conditional sale like other mortgages will be governed by provisions of the Transfer of Property Act…….. (14) It is clear that the redempti..

Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10

Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)

....­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. ...... Division of the Supreme Court without completing two years prac­tice in the Subordinate Courts and re­solved that their representations cannot be entertained as their case does not cover the provisions contemplated in Sub-Rule (iv) of Rule 65-A of the Bar Council Rules, 1972." It ..

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.       ......ary is proved. Section 58 of the Sales of Goods Act is the only Section which gives relief for breach of contract to deliver specific or ascertained goods but that Section is subject to the provisions of chapter II of the Specific Relief Act. This Section mentions that the decree may be un..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

..../-, 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.     ......he accused before the Special Tribunal under Special Procedure. 21. It is difficult to follow the logic or reasoning behind the Special Tribunal's findings. A witness is subject to the same, provisions of the Evidence Act in a trial un­der P.O. No.8 of 1972 as in a trial under the ordin..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)

....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488   ...... out an order of sentence passed by a Court or tribunal, the jurisdictional validity of that order could be looked at. When such a question is agitated before the Court, the Court is first to see the provisions of the law as well as the provisions of the constitution. The nature of the proceeding an..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

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

....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   ......e task of land reclamation, land development and housing Our attention was drawn to the preamble and to sections 38, 39 and 40 of the said Act. We are unable to read into the provisions of the said act any exclusive jurisdiction of the Dacca Improvement Trust into the area o..

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

Managing Partner, Messrs, Bank Line Na¬vigation Company Vs. Chairman, Second La-bour Court, Dacca and other, 1981, 10 CLC (HCD)

..... In the facts and circumstances there will be no cost of these Rules. Abdul Wadud Chowdhury J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 55   ......pport of the Rule and Mr. Abu Sufian. learned Advocate appeared to oppose the Rule. Mr. A.R. Yusuf, the learned Advocate has submitted that the learned Labour Court misconstrued and misapplied of the provisions of clause (h) of sub-section (3) of section 17 of the Employment of Labour (Sta..

Category: Labour and Industrial Law | Date: 13 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. ......reopen the qualifications upon which he was appointed in the grade of Executive Engineer and that they have no right of investigation while considering his case for promotion. She has referred to the provisions of fundamental right as provided in Article 29 of the Constitution and has also referred ..

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

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....1.7.80 was done without lawful authority. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 34   ......o file a legal suit against the President of Bangladesh. In this connection he referred to Article 52 of the Constitution which reads as follows : “52(1) Without prejudice to the provisions of the Article 53, a President or a Vice President shall not be answerable in any co..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree.   This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......he Summary Military Courts established under the Martial Law Regulations exercised the same powers and followed the same procedure as a Summary Court Marshal under the Pakistan Army Act, 1952 and the provisions of that Act and the Rules made thereunder applied to all such proceedings. Section 1..

Category: Procedural Law | Date: 5 May, 1981 | Hits: 2

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 ......ry free from corrupt officials, collaborators in officials wedded to the ideology of Pakistan for effectively carrying out the urgent task of national reconstruction, it was thought necessary to make provisions for careening of Government servants and other officials mentioned in the said Presidenti..

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 ......k, respondent filed the writ petition challenging the assessment of munici­pal taxes for the years 1968-69 and 69-70 and prayed for direction on the Dacca Municipal Corporation to comply with the provisions of the Model Tax Schedule, under section 35 of the Municipal Administration Ordinance, 19..

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

Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)

....nce with law. The appeal is accordingly allowed with­out any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......n 63(3) of the Ordinance after the statutory period of limita­tion, if so thinks fit. The learned Subordinate Judge has suite unnecessarily embarked on a dis­cussion and interpretation of the provisions of a statute which was beyond his jurisdiction and competence to do and appeared to be qu..

Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2

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

....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     ......o challenge the impugned Order on the ground of infringement of fundamental rights. Mr. Hamidul Huq Chowdhury, Counsel for the appellant, submitted that the impugned Order violated the Constitutional provisions of not only Articles 27 and 40 but also those of Article 31 ..

Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113

Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)

....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ......he High Court Division in Writ Petition No.222 of 1973 dated 1st. September, 1977. 2. Leave was granted for examining the question as to whether the High Court Division correctly interpreted the provisions of the Urban Immovable Property Tax Rules, 1957 and also whether the said Rules could be ..

Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0

Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)

....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   ...... worker of either any "commercial establishment" or "industrial establishment." On the other hand the scheme of Town improvement Act shows that for the purpose of carrying out the provisions of that Act, a Board is to be formed called Dacca Improvement Trust and such Board shall ..

Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0

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

....ts. 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   ......tion and though the argument of violation of Articles 27 and 29 was not advanced in those cases in the manner it had been done in this case, it appeared that the Court was not unmindful about all the provisions of the Constitution; (vii) an order of compulsory retire­ment was not passed by way o..

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6

Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)

....preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131   ......d conflicting opinions have been expressed as to the nature of an application for restitution of a property in persuance of adverse appellate decree. For proper appreciation of this question relevant provisions of law are quoted below: — Section 144, Civil Procedure Code. "S. 14..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2

Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)

....he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......on a charge under section 396 of the Penal Code; they were acquitted of the charge by an order dated 16-8-77. Proceedings of the case were submitted to the Government for review as required under the provisions of Regulation No. 4(2) of Martial Law Regulation No.1 of 1975. The Government by Memo No...

Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53