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Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....ages a State, whose fundamental aim is to realise through the democratic process a society, free from exploitation society in which the Rule of Law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens. Keeping this proclamation......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 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
....ing inter alia that the petitioners had been dismissed lawfully after holding a fair and proper enquiry into allegations against them and that there had been no violation of the principles of natural justice. The learned Labour Court as regards the holding of enquiry into the charges against the res....... 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
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Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
....d circumstances of each case.
Writ petition--Government of Bangladesh made respondent--Petition not bad for not impleading some of the officers of the respondent.
Writ--Mandamus--Demand for justice—
When there are special circumstances to indicate that demand for justice would b......lding Bangladesh Passport No. C-183020, valid till 10-4-84 (Annexure 'A') and issued in Bonn on 11-4-79 by the Embassy of Bangladesh. The immigration department checked his passport and other documents and cleared him by stamping his passport. The health authority also gave him clearance. Th..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....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 ...... Execution of the subsequent kabala shows her intention to deprive the appellant of his right already acquired by his kabala which was found to be genuine. "Forgery" means making of a false document with certain intentions, such as to cause damage or injury to a person, to support any clai..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 ...... that the last clause of a section in a statute must govern, the earlier clause. In Safiruddin Kazi alias Safiruddia Vs. Moslem Ali Howladar and others 12 D.L.R. 266 it was held that "the entire document must be taken into account. It is not possible to give any particular importance or weight ..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. ......case, the plaintiff has examined P.W.1 A.K.M. Ansarur Hoq on its side and the defendant has examined D.W.1 Abdul Khair Khan on his side. No other witnesses have been examined, though a good number of documents have been proved and marked exhibits on either side. So far as the factum of declaration o..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
....ima facie case under section 217 of the Penal Code read with section 5(2) of Act-II of 1947 has been made out against the General Manager, Fish Harbour, Chittagong and for ends of justice the delinquent should be prosecuted under the aforesaid law and under other appropriate law ......er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
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Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....ce." 1971 period was one phase but the struggle continues because fundamental aim of the state is to realise a society in which the rule of law, fundamental human rights and freedom equality and justice and in that view the Constitution has laid down the fundamental principles of state policy. ......in Ex-Vice Chancellor of the University of Dacca, accused Teacher appears and is examined. Perused the Memo of evidence the oral statement of Dr. Syed Sajjad Hossain and all other connected paper and document”. 28. The narration of events clearly show that Dr. Syed Sajjad Hossain was brou..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....rt for corning to a decision after hearing both the parties in view of the fact that the order passed by the learned Single Judge of the High Court Division was violative of the principles of natural justice. 4. Mr. Nurul Huq, the learned Advocate, appeared on behalf of the defendant petitioner......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....rder was challenged by the appellant contending, inter alia, that the Order was passed with malafide intention to debar the appellant from pursuing lawful trade and offended the principles of natural justice. 4. Respondent asserted that the appellant was granted a licence, being licence No. 2/7......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 ..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....in top-ranking authorities, like the Commissioner of Income tax and the Central Board of Revenue the Court, however, held that there might be cases where improper execution of power could result in injustice to the parties, but the possibility of such discriminatory treatment cannot necessarily inva......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 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....se, but in cases not comprehended strictly within the letter of s.144 of the Code, restitution is not a matter of course but depends upon the discretion of the Court and will be ordered only when the justice of the case calls for it. The jurisdiction as to restitution bears only a superfic......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 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
....w: "Reg. 4(4). The Government may, on review, set aside, vary or modify any order, judgment or sentence or make orders for retrial or such other orders as he deems necessary for the ends of justice". 5. The learned Additional Attorney-General has tried to argue that the power to ......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. ..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....o far as the proceeding taken by the authority of the Corporation in dismissing the petitioner from service is concerned, there has not been any non-compliance of any rule or any principle of natural justice as such since the petitioner was given full opportunity to defend himself before such procee......ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....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 ......Ali Bepari & Others………………… 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 e..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... have failed to consider material evidence on record and to exercise the jurisdiction vested in them by law resulting in an erroneous finding of facts and a serious miscarriage of justice and there was error of law apparent on the face of record, He further contends that the......onsider material evidence and also to appreciate the law involved. Mr. Chowdhury has pointed out that in coming to this conclusion the Courts below have mainly relied on the recitals of the document itself and on the evidence of the deed-writer who was examined as P.W.2, The Courts below h..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....e why he should not furnish security to the extent of the claimed amount of Tk. 2,27,02, 361/61 and in the meantime pass an order of conditional attachment of the said properties for the ends of justice." 3. On this application the learned Subordinate Judge passed the order No.2 ......rs on 20.5.80 and the learned Subordinate Judge passed fhe following order: "Plffs petition and affidavit dt. 19.5.80 are put up today. Heard the Id. Adv.perused the petition, affidavit and documents. Issue notice upon the defdts to show cause within 7 days from the service thereof as..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
.... of an order of the District Judge made under sub-section (2) shall lie where the High Court Division grants leave for revision on an error of an important question of law occasioning failure of justice, and the High Court Division may make such order in the case as it thinks fit." 7....... 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, anti-dated and fabricated document without consideration and that the defendant No.1 has sold for valuable consideration ..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
....ed that there was any contract with respondent No.1 under which he may terminate his service; and the order of termination was mala fide and passed in violation of the principles of natural justice.
6. Some background is necessary to understand the position inter se of the Enterp......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
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Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
....ourt can only interfere with the finding of Enquiry Officer/Enquiry Committee if it is found that the enquiry was held unfirly with bad faith without complying with the principles of rules of natural justice and without following the procedure laid down in section 18(1) of the Employment of Labour (......of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
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