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Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)

....sts.                    Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126   ......Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Goutam Ranjan Sen & Others …………… Appellants Vs. Bangladesh & Others……………………&hel......sts.                    Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126   ......sts.                    Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126   ..

Category: Property Law | Date: 8 Jan, 1981 | Hits: 2

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

..................Respondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Ram Krisna Dalmia Vs. Justice Tendolkar, AIR 1958 SC 538; Budhan Vs. State of Bihar, AIR 1955 SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chow...... Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………….................Appellant Vs. Bangladesh & Others………………................Resp......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   ......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

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. ...... Bangladesh ……………………………………………………….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, ......specific provision for converting acquittal into conviction, the Government exercised jurisdiction which was not vested in it and the impugned order of conviction is void. Lawyers Involved: Abdus Sobhan, Additional Attorney-General, with Matiur Rahman, Assistant Attorney-General, instructe......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)

....l Industries Corporation & another……..Respondents Judgment November 21, 1980 Result: The Rule is made absolute. An employee of a statutory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of ......: Syed Muhammad Hussain J Latifur Rahman J Md. Hazrat Ali……………………………………Petitioner Vs. Chairman, Bagladesh Chemical Industries Corporation & another……..Responde......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.   ......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

Abdul Bari Vs. State, 1980, 9 CLC (HCD)

....on) Present: Chowdhury A. T.M. Masud J Md. Altaf Hossain J Abdul Bari………………………..............Petitioner Vs. State…………………………….............urisdiction) Present: Chowdhury A. T.M. Masud J Md. Altaf Hossain J Abdul Bari………………………..............Petitioner Vs. State…………………………&helli......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52   ......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52   ..

Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1

Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)

....e composition and organisation of the school it clearly appears that this school is not in conformity with the national edcation policy of the Government pursuant to the fundamental principles of the State Policy. This would be clearly evident from the notification made by the Education Department o......ginal Jurisdiction) Present: Syed Muhammad Hussain J Sultan Hosain Khan J Mrs. Winifred Rubie & others………………… Petitioners Vs. Bangladesh & others……………..Respondents Judgment ......ife of the then Chief Whip of the National Assembly of Bangladesh became the Head Mistress of the School. The president of the school was headed from time to time by a non-official and at present Mr. Abdus Sobhan, an Advocate of the Supreme Court, is the pres­ident of this school. Although after...... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30.    ..

Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7

Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)

....Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60     ......rt Division (Criminal Reference) Present: A.S. Faizul Islam Chowdhury J Abdus salam………………………….Petitioner Vs. Musabbir Ali & others…………opposite parties Judgment ...... This Case is also Reported in: 1 BLD (HCD) (1981)60     ......Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60     ..

Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1

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

....t in foreign country having no reciprocal arrangement can be accepted into evidence if there is evidence to show that the person before whom the notarial act was done was a notary public and that the State in which the notarial act was done authorised him by law to do the notarial acts. If a notaria......(Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Nurunnessa & others………………….Appellants Vs. Babar Ali Bepari & Others………………… Respo......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     ......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     ..

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

Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)

....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ...... (Civil Revisional Jurisdiction) Present: Amirul Islam Chowdhury J Ranadhir Sen J Messrs Ahmed & Sons………………….Petitioner Vs. Messrs Eastern Technique & others…………. Opposite parties ......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ..

Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1

Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)

....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. ...... (Civil Revisional Jurisdiction) Present: Amirul Islam Chowdhury J Ranadhir Sen J Nurul Islam & others…………………..Petitioner Vs. Md. Abdur Rashid………………………. O......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. ......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

Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)

....he appeal, set aside the order of the High Court Divi­sion and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in:   ...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Shahabuddin Ah­med J Hajee Md. Ahsanullah...................Appellant Vs. Arafatunnessa Bibi, being dead her heirs, Ali Ahmed and others...............Respondents......ah Wall Vs. Ghulam Din, 19 D.L.R. (S C) 143; Lala Tripati Prokash Nandi Vs. Bireswar Lal Marwari, 55 C.L.J. 114; Gorachand Haider Vs. Prafulla Kumar Roy, 29 CW.N. 948. Lawyers Involved: Abdus Salam Khan, Advocate, instructed by Md Aftab Hossain, Advocate-on-Record. — For the Appell......he appeal, set aside the order of the High Court Divi­sion and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in:   ..

Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221

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 ......Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Nemai Kumar ……………….................................Appellant Vs. Ramesh Chandra Dutta and others...................Respondents Judgment June 30, ......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 ......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 ..

Category: Property Law | Date: 30 Jun, 1980 | Hits: 51

M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)

...." as given in Rule 169 (4) sought to be continued by section 2 of Ordi­nance 1 of 19(9 need Jo be looked into. "Enemy has been defined under clause (a) to mean a Stale or Sovereign of a State at war with or engaged in military operations agai­nst Pakistan, or any individual re......Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J M/S. Dulichand Omraolal……………………………….Appellant Vs. Bangladesh, through the Secretary, Ministry of Industries & others.................Resp......nt Board Vs. Md. Abdul Majid DLR (AD) 52,  Lawyers Involved: R. Pal, Sr. Advocate, with S. C. Das, Advocate, instructed by Aminul Huq, Advocate-on- Record—For the Appellant. Abdus Sobhan. Addt. Attorney-General, ins­tructed by M R. Khan, Advocate-on-Record—For the....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1   ..

Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109

Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)

.... Referred to- Jai Behram Vs. Kedar Nath. AIR 1922 PC269; Rodger Vs. The comptoir d' Escompte de Paris, LR 2 PC 464; Kishore Vs.Yashivantrao, AIR 1957 MB 17; Ahidhar Ghose Vs.The Secretary of State for India-in Council 36 CWN 665;Fazlur Rahman Vs. Sajab Ali, 30 DLR SC 30. Lawyers Involv......il Revisional Jurisdiction) Present: Abdul Wadud Chowdhury J Mostafa Kamal J Md. Wasiq Khan ……………………….Appellant Vs. Md. Sabiq Khan & others……………Respondents Judgmen...... sub­mission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution with­out any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ...... sub­mission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution with­out any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ..

Category: Property Law | Date: 28 Apr, 1980 | Hits: 3

Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....hellip;….....................Respondent Judgement March 27, 1980 Result: The appeal is dismissed. Case Referred to- Halima Khatun Vs. Bangladesh, 30 DLR (SC) 207; State Vs. Haji Joinal Vs. Abedin, 32 DLR (AD) 110, followed; AsmaJilani Vs. Government of Punjab, PL...... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Kh. Ehteshamuddin Ahmed @ Iqbal…………… Appellant Vs. Bangladesh & Others…………….....................Respond......passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107   ......passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107   ..

Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3

Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)

....y;ment is date 26-4-63 which stipulated that the land will be reconveyed if the money is repaid within 19 years. The respondent No.3 made an application under section 95(4) and (5) of the East Bengal State Acquisition & Tenancy Act to the respondent No. 2 for restora­tion of possession of th...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh ……………………………………Appellant Vs. Haji Abdul Gani Biswas & others ………………&hellip......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 ......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 ..

Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5

Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)

....leave arises from the judgment dated February 14, 1977 of the High Court of Bangladesh in Civil Revision Case No.1696 of 1968 in con­nection with the preemption case section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The short question for consideration in this appeal......din Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abdus Samad & Others……………………Appellants Vs. Md. Sohrab Ali & Others…………………..Respon...... 1 BLD (AD) (1981) 77 ......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 ..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4

Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)

....0.11.76. 2. In this application the petitioner has challenged the order of the learned Subordinate Judge allowing the application for pre-emption filed under sub-section (1) of section 96 of the State Acquisition and Tenancy Act, 1950 which arose in the following circumstances: The Opposit......onal Jurisdiction) Present: AM Mahmudur Rahman J Abdul Majid Akon…………………………………Petitioner Vs. Satya Bhoma Nath & others...................Opposite Parties Judgment March 3......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ..

Category: Property Law | Date: 3 Mar, 1980 | Hits: 8

Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)

....9 from C.R. 174 of 1977 Judgment Rubul Islam J. - In this appeal by special leave the question for our consideration is whether the right of pre-emption as conferred under Section 96 of the State Acquisition and Tenancy Act, 1950 is heritable right. 2. Facts relevant for disposal of t...... Kemaluddin Hussain CJ Ruhul Islam J Badrul Haider Chowdhury J Inu Mia & others…………………………..Appellants Vs. Mokhlesur Rahman & others……….. Respondents Judgment Janu......by leading evidence that he had (non notified co sharer) knowledge about the transfer, there is no scope for raising the question of waiver of the right……(8) Lawyers Involved: Abdus Salam, Sr. Advocate, instruction by B.C. Panday, Advocate-on-Record-For the appellants. R......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 ..

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     ......Islam J KM. Subhan J Badrul Haider Chowdhury J James Finlay & Co. Ltd……………………………….Appellant Vs. Chaiman Second Labour Court, Dacca & Another……… Respondents M...... 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     ...... 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     ..

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3