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

.... the learned Counsel tried to show that the merit of the appellant as a doctor was undoubtedly recognised even by the Government the paragraph reads as follows: "As matter of fact the order dated 21.11.78 by the respondent No. 2 in the file at note sheet Page 2 relieving the peti­tione......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

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

....shy;tion for execution of a decree and as such it is not governed by Art. 182 but it is governed by Art. 181 of the Limitation Act. Right to apply for restitution accrues under Art. 181 from the date of the final decree when appeal is preferred from appeallate decree of reversal and not from th......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   ......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

Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)

.... the Constitution, the petitioner has challenged decision of the Bangladesh Chemical industries Corporation dismissing the petitioner from the service of the Corporation communicated to him by letter dated 16th February, 1978 by the Acting Chief of Personnel of the Corporation. 2. The petitione......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)

....te party No. 2. Moazzem Hossain, Deputy Attorney General-For the State. Criminal Revision No.64 of 1980 Judgment Md. Altaf Hossain J.—This Rule is directed against an order dated 30-1-80 passed by the learned Additional Sessions Judge, Sylhet in Crl. Motion No. 9/111/79 se......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)

....stress of the school as the ex officio secretary thereof. This has been the position even uptil now by virtue of the noti­fication of the Board of Intermediate and Sec­ondary Education, Dacca dated 5th March, 1977 published in Bangladesh Gazette on 24th March, 1977. In such circumstances it ...... 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.    ...... 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)

....A.S. Faizel Islam Chowdhury J.- This refer­ence was made by Mr. S,H. Molla., Special Judge  Ex-Offlcio Additional Sessions Judge Sylhet under which he recommended for setting aside the order dated 6-1-77 passed by Mr. Golam Mortuza, Magistrate 1st Class and Resident Magistrate, Zakiganj in ......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     ......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

Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)

....tion 115 of the Code of Civil Procedure arises out of an application for preemption under Section 24 of the Non-Agricultural Tenancy Act, 1949 (Act XXIII of 1949) and is directed against the judgment dated 9-11-1979 passed by the learned District Judge, Bogra in Misc. Appeal No.50 of 1977 affirming ...... compensation. 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) 56       ......on-in-chief is a failure of exercise of jurisdiction vested in the trial Court. The learned District Judge has not at all referred to the evidence of O.P.W. 3. The O.Ps have pro­duced a number of cheques and counter-foils of cheques on the back of which there were writ­ings signed by Israil ..

Category: Property Law | Date: 26 Aug, 1980 | Hits: 2

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

....ioners. SR. Pal with S.K. Sinha, Advocates -For opposite party No.1. Civil Revision 1482 of 1979 Judgment Amirul Islam Chowdhury J.— This Rule was directed against the order dated 19-11-79 passed by Mr. H. Hoque, Subordinate Judge, 3rd Court, Dacca in T.S. No. 152 of 1973 a......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

Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)

....Amin—For the Opposite party. Civil Revision No.106 of 1984. Judgment A. T. M. Afzal J.- This Rule at the instance of the defendant No.6-petitioner, is directed against the order dated 19.5.84 passed by the learnd Munsif, 3rd Court, Comilla (In charge of 1st Court) in Title suit......Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267   ......Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267   ..

Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1

Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)

....C. Panday, Advocate-on-Record-For the Appellant. C.A. 41 of 1980 from C.R. 396 of 1978 Judgment Ruhul Islam J. - This appeal by special leave arises from the judgment of the High Court dated June 10, 1977 in Civil Revision No. 396 of 1974. 2. A short question has been raised in t......of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ......of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ..

Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1

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

....For the Appellant. B. Hossain, Advocate-on-Record.- For Respondent No. 1 (ka). Ex Parte—Respondent No. 1(kha). Civil Appeal No.25 of 1980. (From the Judgment and Order dated 8-8-79 passed by the High Court Division is S. M. A. No. 28 of 1975). Judgment K......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:   ......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

Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)

....bhan with Md. Fazlul Karim— For the Respondent. Appeal from original decree No. 5 of 1966. Judgment Md. Altaf Hossain J. - This appeal is directed against the judgment and decree dated 30.11.65 of the learned Subordinate Judge, 1st Court, Chittagong in Money Suit No. 34 of 1959 ......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138.   ......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138.   ..

Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1

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

....he Appellant. Abdus Sobhan. Addt. Attorney-General, ins­tructed by M R. Khan, Advocate-on-Record—For the Respondent. Civil Appeal No. 23 of 1978 (From the Judgment and order dated 4-3-77 passed by the High Court of Bangladesh in Writ Petition No. 121 of 1973) Judgment ....... 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   ....... 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

Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, 1980, 9 CLC (AD)

....ort for duties immediately. The officer currently holding the aforesaid post should vacate and will work as an officer on Special Duty until further orders." 4. Respondent No.1 by his order dated May 24, 1979 terminated the service of the appellant with effect from the same day "under......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 ......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 ..

Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7

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

....ed as T. S. No. 56 of 1972 of the Fourth Court of Subordinate Judge, Dacca, and obtained a preliminary decree on contest on 28.2.73. A Pleader Commissioner was appoint­ed by the Court's order dated 18.9.73 to effect partition of the suit properties. By Order No. 77 dated 10.6.75 the learned ...... 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)

....Ruhul Islam J. Fazle Munim J. - I also concur with the judgment of my learned brother Ruhul Islam J. Ruhul Islam J. - This appeal by special leave is directed against the judgment and order dated June 13, 1979 passed by the High Court Division in Writ Petition No- 50 of 1979. The appellant......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)

.... 3. Facts of the case in Writ Petition No. 85 of 1974 are that the respondent No. 1 pur­chased the land from respondent No. 3 with an agreement to recovery of said land. The agree­ment is date 26-4-63 which stipulated that the land will be reconveyed if the money is repaid within 19 year......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)

...., Advocate-on-Record- For the Respondent No. 1. Civil Appeal No. 117 of 1979 from C.R. No. 1696 of 1963 Judgment Ruhul Islam J. - This appeal by special leave arises from the judgment dated February 14, 1977 of the High Court of Bangladesh in Civil Revision Case No.1696 of 1968 in co......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 ......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)

.... Revision Case No.1027 of 1980. Judgment AM Mahmudur Rahman J. - This Rule arises out of an application under section 115(1) of the Code of Civil Procedure and is directed against the Order dated 28.5.80 passed by the learned Subordinate Judge, 1st Court, Barisal in Miscellaneous Appeal No......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. ......cquisition and Tenancy Act that the lands transferred were non-agricultural lands: that they incurred expenses of Tk. 1500/- for improvement of the land. 4. The said Miscellaneous case has got a chequered career. It was first allowed by the learned Munsif by his order dated 2.6.74 on the findin..

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

P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)

....n the aforesaid fifteenth day of the following month by money order. If the rent remitted by money order is refused, the tenant can deposit the rent with the Rent Controller within fortnight from the date of the receipt of the undelivered rent sent through the postal authority, and when these condit...... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19.   ...... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19.   ..

Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2