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Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....t Formal defect in preliminary decree does not nullify the work of Pleader Commissoner-Defect in preliminary decree can be corrected ex debito justitlae. It will be plainly an act of injustice if for errors of the Court the entire work of the pleader commissioner is nullified, mo...... 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)
....t of Session, having been transferred to the Special Martial Law Court, depriving the appellant from the advantages and remedies available under the Code of Criminal Procedure, grave injustice has been done to the appellant. The argument, however, could not be pressed further in view ......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)
....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 ......e Subdivisional Magistrate or the Officer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as may be fixed in ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....em by respondent No. 2. This unilateral action of the respbndent No. 2 without prior notice to the petitioners has evidently caused the violation of the general principle of the rules of natural justice. 5. A Division Bench of the Dacca High Court by a judgment dated 6th August, 1971 in Wr......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)
....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. ......;tural. From perusal of the judgment of the learned Subordinate Judge it appears that while he came to the finding that the land was agricultural land and not non-agricultural land he considered both documentary and oral evidences. He took into consideration C.S. Khatian, Ext.5, S.A. Khatian, Ext.6 ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93. ......ncial difficulties as such he accepted the petitioner as a partner in producing the said film. The petitioner paid an amount of Tk. 2,75,000/-on 15-11-77 to the opposite party No. 1 who executed document on 15-11-77 wherein it is stipulated that opposite party No. 1 shall submit the film to the..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....larly keeping in view section 34. It is an accepted rule of equitable interpretation that when the language of a statute admits of two constructions, the one which lead to absurdity or obvious injustice, should not be adopted and instead the construction which appears to be most in accord ...... 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
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......self as a licensee thereof at the licensee fee of Re. 1 per bigha per year. He was to occupy the said land as long as he was in the service of the- plaintiff with yearly renewals. He executed licence documents. The defendant was dismissed from the service of the plaintiff in July 1956. As he did not..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....26-4-79, copies of which have been placed as Annexures 'F' to the petitions. The said respondent did not show any consideration to the same and then the petitioners had notices for demand for justice served on the respondent No.2 on 21-5-79 through their learned Advocate, copies of the said ......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ......the defendants had no opportunity to file additional written statement against the belated amendment of the plaint and to examine the witnesses with a view to controvert the genuines of the documents by handwriting expert if the defendants so desired. In the order of remand it was fur..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
..... Courts of law have in the infinite relations between persons and property found different kinds of rights arising from contract or otherwise and provided remedies as to the nature of the case and justice of the cause. 6. One or two illustrations will clarify the proposition. Mr. Haider has ......ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....as served upon him giving him an opportunity to explain his position the impugned order is illegal being violative of Article 135 of the Constitution as well as of the principles of natural justice.
2. The petitioner was first appointed Asst. Attorney General on 3.3.72 and on promotio......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
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Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
....ioner moved this Court and obtained the rule challenging that such a parallel or counter enquiry by a magistrate is not permissible in law as it will cause obstruction to, and Influence the course of justice in his pending case.
3. Mr. Razzaque Rahman, the learned Advocate has appeared in suppo......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
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Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
.... also it does not appear what other materials were on record before the Labour Court to arrive at the finding that the petitioner was not a worker. We are, therefore, of the view that for the ends of justice the petitioner should be afforded an opportunity of establishing his case before the Labour ......ly made absolute. Since the rule is not opposed, we make no order as to costs. A. T. M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 301 ..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
.... technical reason that the revisional application having not arisen out of an original Miscellaneous proceeding the provisions of Order 23 Rule 3 of the Code does not apply, the Court for the ends of justice may record the compromise under section 151 of the Civil Procedure Code, which exists for gr......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....t;. A decision of the Appellate Division in the case reported in 29 DLR 41 is the guiding principle in respect of matters like this and in the absence of any statutory rules the principles of natural justice shall be applicable to an employee of a, statutory corporation in the case of his dismissal,......d by the Enquiry Officer. The explanation was rejected, petitioner's requests were not conceded to, and he was removed from service by the impugned order, Annexure 'H'. 6. From these documents it is clear that the petitioner was given opportunity to show- cause against the proposed ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....t his case for promotion to a post of Executive Engineer was rejected by the Chairman. Water Development Board (Respondent No.2) on 28.7.76, against which the petitioner served a notice of demand for justice on 17.9.76. Thereafter the petitioner was suddenly served with an order dated 17.2.77 by res......but haying regard to the facts and circumstances of the case there will be no order as to costs.
A.T.M. Afzal J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 339
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Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
.... Rahman where respondent No.1 tried to prove that said Ali Akkas was not a typist of Mr. Nasim A. Rahman. From the above facts and circumstances and the petitioner has reason to apprehend that proper justice has not been done with his Lordships in the Bench. The appellant filed an application on Nov......led on August 29, 1978. 5. On receiving the notice the appellant filed an application for adjournment of hearing of the contempt matter which was fixed on January 22, 1979 enclosing certain documents for his defence. The appellant also filed a reply to the written objection filed by the re..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
.... facts and circumstances of the cases, we make no order as to costs. A.T.M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 306 ......or other separate dispatch, a boat-note specifying the number of packages so sent and the marks and numbers or other description there of.” 18. It is evident from the section that it was a document issued by the Customs Authority to cover any boat carrying goods from a ship to its place o..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
.... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
......is Mill is to be released to its former Bangladeshi owners. No such decision had been revised, nor the Attorney General could locate any such power for revision in the statute. To claim that since no document has been executed the claimant has no right is nothing but taking advantage of one's ow..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
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