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Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....sion (Special Original Jurisdiction) Present: FHM Habibur Rahman J Mustafa Kamal J Neerala Tea Estate & others.............................Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. ......eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....1) KB 18. Lawyers Involved: Matiur Rahman, Assistant Attorney General— For the State-Appellant. Asrarul Hossain with Abdul Azim, Advocates— For the Accused Respondent. Government Appeal No. F of 1981. Judgment Mustafa Kamal J.— This appeal against ac......he Government as the Board is guided by such general or special order as the Government may give it from time to time, as the officers and employees of the bank may enjoy such terms and conditions of services as the Government may determine in the interest of uniformity and as the nationalised banks..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....isdiction) Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh………………………&hel......the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....ner indicated herein-before. This application is thus disposed of accordingly. 9. Let a copy of this judgment be forwarded to the Secretary, Cabinet Division and Ministry of law of the Government of Bangladesh to draw the attention of all Additional District Magistrates about the...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
....does not go to show that the appellant created a tenancy in his favour by not interfering with it.
17. As regards the contention that the suit land being tenanted lands were acquired by the Government, it appears that no evidence has been given to show that the suit land falls within ......session of agricultural land measuring 10 bighas 7 kathas and 9 chataks which were given to Arjun Kurmi by the appellant on a license renewable from year to year and as long as Arjun Kurmi was in its service. The license fee was Tk. 1.00 per bigha per year, Arjun Kurmi who was a labourer of the Tea ..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
....s in the application. Their case is similar. According to them the company, Incorporated on 20th August. 1976, started functioning after purchasing Elahinoor Tea Estate and Halda Valley Tea Estate in Government auction on 14th June, 1977: that the Company had to take loan of Tk. 5, 70368/22 paisa fr......ellip;. (15-16)
Cases Referred To-
Bhagat Singh and another Vs. Piar Bus Service Ltd. AIR 1959 Punjab 353; Dhelakhat Tea Co. Ltd AIR 1957 Cal 476; Bhagat Singh and another Vs. Pria Bus service Ltd. AIR 1959 Punjuh 353; Peoples Insurance Co. Ltd. Vs. M/s C.R.E. Wood & Co. Ltd. AIR ..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....ion that the girl was aged about 17 years. The genuineness of this certificate by the Deputy Civil Surgeon, Bogra is very much in doubt. Moreover a doctor of the rank of a Deputy Civil Surgeon of the Government would not normally examine an unmarried girl without her being forwarded by the police an......uncle of P.W.2. P.W.6 Shaheb Ali. P.W.7 Reazul Karim and P.W.9 S.I. M.A. Quayum are tendered witnesses. In his cross-examination P.W.9 S.I.M.A. Quayum stated that S.P., Rangpur requisitioned his services for this case, that he made his camp in village Gobindoganj and that under the forwarding l..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... of the properties. She asserted that she purchased R.S. plot No.382 of schedule (B) in mortgage execution sale. She has been possessing the same since such purchase on payment of revenue to the Government by raising construction and making improvement thereon. 6. Defendant No.16 has ...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....y jurisdiction of the High Court of Calcutta. The Admiralty rules framed by the High Court of Calcutta came into operation in June 1912. The jurisdiction was preserved by section 106 of the Government of India Act, 1915 and section 223 of the Government of India Act, 1935. In 194......pt to judge the statutory provision vis-a-vis the Memorandum and Articles of Association of the company and its working.”
16. All these reported decisions relate to matters relating to the service of the employees of nationalized companies and they arose from the proceedings under Article..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ......intment of Receiver is one of the harshest remedies allowable under the Civil Procedure Code and Court has to discharge this exceedingly delicate and responsible duty with utmost caution. Though service of notice on the other side before appointing a Receiver is not a legal requirement it would..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....t High Court Division (Special Original Jurisdiction) Present: Chowdhury A.T.M. Masud J Md. Altaf Hossain J Surendra Mohan Shaha.................Petitioner Vs. Government of Bangladesh and others………..Respondents and Surendra......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....ning an authority to do a certain thing is mandatory or not could be decided upon the consequence that would follow in the event of not doing the thing by the authority. The petitioners were not Government employees under Rule 5(53) of the Bangladesh Service Rules and their pay were not paid ou......nce of any statutory rule and regulation relating to power of appointment and dismissal of the Zilla Board employees engaged in projects of works programme the dismissal of the petitioners from their services by the Chairman of Zilla Board cannot be said to have been made illegally and without lawfu..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....hellip;….........Respondents Judgment January 26, 1982. Result: The Rule is made absolute Fundamental Right to Protection of Law – Illegal dispossession by Government Officers— Government sold a property to the petitioner and thereafter disposse......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. ..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: The rule is made absolute. Suspension of Government servant – Rule II of Government Servants (Discipline and Appeal) Rules, 1976 ......nces, privileges of Member of non-statutory Commissions. (24) Transfer and posting of Joint Secretaries in the Secretariat. (28) Making of Rules regulating the appointment and conditions of service or persons in the service of the republic. 6. Officer's visit abroad (a) Offic..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....hellip;…………………………..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the......ticular breach complained of; and (b) if the breach is capable of remedy, requiring the lessee to remedy the breach; and the lessee fills, within a reasonable time from the date of the service of the notice, to remedy the breach, if it is capable of remedy. Nothing in this sectio..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)
....oncurring with the same, I would like 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 p......ying the particular breach complained of and (b) if the breach it capable of remedy requiring the lessee to remedy the breach; and the lessee falls, within a reasonable time from the date of the service of the notice, to remedy the breach, if it is capable of remedy. Nothing in this section, sh..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....re considered by the Court to have special means of knowledge as members of the family or otherwise, to testify to the relationship of the plaintiff with Gour Majhi. Those statements found on various Government records as to distribution and devolution of the family property and as to ownership, was......dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....d Choudhury J M.H. Fahman J Zainal Abedin & Another………………………………........Petitioners Vs. Government of Bangladesh & Others…………........Respondents Judgme...... 1979. Rule 2 of the aforesaid Rules says that these Rules shall have effect notwithstanding anything contained in any other rules, orders or instructions relating to seniority or other conditions of service of government servants. Rule 3 has provided exhaustive definition of a freedom fighter emplo..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ......haser for valuable consideration without notice of the agreement. This is different from a personal contract which is dependant upon the personal skill of the promissor or which evolves some personal service by the said promissor. It is thus clear that although the aforesaid agreement to reconvey do..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
....alth and Population Control and others......................................Respondents
Judgment
December 2, 1981.
Result:
The Rule is made absolute.
Compulsory Retirement of Government Servant –
No materials were produced before the Court to show that the author......the authority considered the necessity of such retirement and the retirement is in public interest—
Government did not apply its mind as to why amongst 34 doctors who completed 25 years of service the petitioner should be singled out for compulsory retirement--Such retirement must be held..
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
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