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....79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......qur Rahman, the learned Advocate appearing for the contemner initially made an attempt to show that the contemnor had nothing to do with Sherpur P.S. Case No. 10 dated 16.3.80, but after perusing the papers filed by the petitioner he found it difficult to press his contention and he submitted that i......ected the Circle Officer (Revenue), Sherpur to take possession of apart of plot No. 14 Khatian No. 22 of Mouza Narayanpur, after evicting the unauthorized occupants including the petitioner therefrom and to report compliance by 15 2.71.
3. Sree Sree Gopaldeu Bigraha, to whom the original owner ......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
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Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....bal submission of the lawyer moving the bail petition, the respondent No. 2 passed orders to produce the certified copy of the stay order of this Court on the following day, during office hours, with relevant papers and that on 20.11.78 the certified copy of the stay order having been produced befor......ssion of the lawyer moving the bail petition, the respondent No. 2 passed orders to produce the certified copy of the stay order of this Court on the following day, during office hours, with relevant papers and that on 20.11.78 the certified copy of the stay order having been produced before the res...... (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 Mohan Shaha........................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)
....ssal is illegal and malafide and without jurisdiction inasmuch as the Government, respondent No. 2, being the appointing authority of the petitioner who had been working in the Works Programme at the relevant time had power to dismiss them and that the Chairman of the Zilla Parishad had no lawful au......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......olla...................Petitioner (In Writ Petition No.447/80) Roi Mohan Rai..........................Petitioner (In Writ Petition No.448/80) Vs. The Chairman, Bakerganj Zilla Parishad and another........Respondents is the Petitions Judgment February 11, 1982. Result: ......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....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. ......e dismantling of the hostel. You are further directed to keep the dismantling work suspended till final decision in the matter.” 4. The petitioner duly produced the necessary documents and papers for inspection of the Sub- Divisional Officer and on several occasions the petitioner through......ivision (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment Janua......n lodged in way of agitation from the students of the Govt. High School, Sylhet against the dismantling of the Muslim Students Hostel of the Govt. High School by you. You are directed to produce documents if any to justify the dismantling of the hostel. You are further directed to keep the dism..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......pen the authority should consider both--There should be something on record to show that the authority duly applied its mind and exercised its descretion in favour of one of the two alternatives--The papers on record no where indicate that the authorities applied their mind to the alternative provis......Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Salehuddin Khan..................................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: ......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ..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)
....on of a Tea Garden when there was no law empowering the Government to do so, far less to take over The order of the than Prime Minister appears to have been passed without any reference either to the relevant Ministry or to the Law Ministry for their opinion. It is not for us to say how the country ......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ......lip;…..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 petitioners- It is petitioners' inalienable right to enjoy the pr......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ..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)
....n of a tea garden when there was no law empowering the government to do so, far less to lake over. The order of she then Prima Minister appeals to have been passed without any reference either to the relevant Ministry or to the Law Ministry for their opinion. It is not for us to say how the country ......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ...... Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judgment January 13, 1982 ......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....ng into consideration the entry in the record of right, the rent receipts and the L.A. case records in deciding pedigree when in fact those papers were not papers relating, to genealogy and hence not relevant to form an opinion, as provided under section 50 of the Evidence Act. These paper...... next contended that the court of appeal below erred in taking into consideration the entry in the record of right, the rent receipts and the L.A. case records in deciding pedigree when in fact those papers were not papers relating, to genealogy and hence not relevant to form an opinion, as provided...... Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......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)
.... of two years antedated seniority to a freedom fighter, his pay shall be refuted having regard to such seniority, without payment of any arrear pay whatsoever. From the consideration of the aforesaid relevant provisions of the Government Servants (Seniority of Freedom-Fighters) Rules, 1979 it appear...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......nts Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD ...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....Judge has also taken exception that no evidence was led by the pre-emptor-petitioners to prove that they were persons who are entitled to preempt the land in question under section 90 of the Act. The relevant portion of section 90 of the State Acquisition and Tenancy Act runs as follows:- "......for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ......ip;………………Opposite Parties Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Abdur Rahman Vs. Baser Ali and others, 21 DLR......for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....udge has also taken exception that no evidence was led by the pre-emptor-petitioners to prove that they were persons who are entitled to pre-empt the land in question under section 90 of the Act. The relevant portion of section 90 of the State Acquisition and Tenancy Act runs as follows: ''Notwit......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......, 1981. Result: The Rule is made absolute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280;; Anwara Begum Vs. Maimuna Khatun Chowdhury and others, 21 D.L.R. (Dacca) page 599; Akhtarun Neesa and another Vs. Habibullah & ors., 31 DLR......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
....151 dated 5th June, 1980 (Annexure-A) issued by the respondent No.2 retiring the petitioner under section 9(2) of the Public Servants (Retirement) Act, 1974 (Act XII of 1974).
2. Facts relevant for the purpose of present Rule are to the effect that the petitioner, a Professor of Surge......hority. In the facts and circumstances of the case there will be no order as to costs.
Ed.
Sultan Hossain Khan J.—I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 21
......ltan Hossain Khan J
Dr. Abu Ahmed Chowdhury…………………Petitioner
Vs.
Bangladesh represented by the Secretary of the Ministry of Health and Population Control and others......................................Respondents
Judgment
......hority. In the facts and circumstances of the case there will be no order as to costs.
Ed.
Sultan Hossain Khan J.—I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 21
..
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
.... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ......of the Enquiry Officer to examine the persons named by him in the explanation given to the Enquiry Officer on 29-1-79. The Enquiry Officer, it appears, on consideration of the admitted papers, namely, receipts of the oil in the invoices and the certificate for payment led him to find ......ud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judgment November 18, 1981. Result: ...... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....d consideration which weighed with the Bar Council in refusing exemption as prayed for by the petitioner and other Advocates holding LL.M. Degree as per Bar Council resolution dated 31-1-81. The relevant Rule, rule 65-A(iv), they have submitted, was made to accommodate those Advocates......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ...... The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitioner in person. MA Manna, Advocate— For the Respondent No.3. Syed Ishtiaq Ahmed and Khondker Mahbub Uddin Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. ......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....a review for clarification of an incidental and consequential Order; (3) whether the new information that the corporation intended to transfer the vessel to a third party wholly on Bank guarantee was relevant for the purpose of the disposal of the review petition and (4) whether in the facts and cir......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......-It was incumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; ......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....ort of this charge. Instead of making a guesswork as to who had the power and authority to organise the Razakars during the occupation regime the Special Tribunal would have done well the turn to the relevant legislation passed by the occupation regime while constituting the Razakar organisation. Th...... P.W.15 Nurul Bashar became the Investigating Officer of the case. Prosecution has left it totally unexplained as to why and how the previous Investigating Officer of the case P.W.13 seized some papers from the office of District Adjutant of Ansars on 16-8-72. Neither P.W.13 nor P.W.15 throws a...... Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali, Advocates— For the Appellant. Mashuque Hossain Ahmed, Advocate— ......ared by P.W.13 on 27-7-72 which shows that certain papers were seized from the office of the Election Officer, Kushtia Sadar, D.C. Court Building, Room No.71 of the 2nd floor Kushtia. The seized documents related to the participation of the accused in the purported bye-election to which we shal..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....er contracted for any legal necessity and then dealt with the question whether such contract is void or voidable Number of decisions were cited for considering these points which however was not relevant for the disposal of the second appeal. Section 15 was considered at length and conclusion ......t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Archana Proshad Nandi.....................Appellant Vs. Miss Chilia Randolph and others....................t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....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 ......presided over by Lord Goddard, CJ. The facts are that on October 27, 1948, the applicant was brought before a Court Martial, on a charge of desertion. He pleaded that he had never received calling up papers. The plea was allowed, and on November 29. 1948, a new Court was convened. It was then proved......Vs. Bangladesh & Others………………………….Respondent And Mrs. Mamata Ahmed on Behalf of Capt. A. Z. Ghyasuddin Ahmed and Ors……..Appellants Vs. Bangladesh & Others……&hell......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
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....sition. 11. The petitioners have filed affidavits in-reply in all the writ petitions. During the course of hearing it was found that the two sets of contesting respondents did not bring out some relevant materials and information concerning the requisition in question in their respective affida......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......afa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and ......that a certain land was purchased by one Firoz Ahmed Chowdhury who described himself as a member of the petitioner society. That does not make the purchase by the petitioner society itself. Two other documents of purchase were shown to us at the time of the hearing. These purchase were made by the p..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ......ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ......1981. Result: The Rule is discharged. Considering the matter of promotion of employee to the next higher grade- The employer can assess the value of academic qualification of the candidates while considering their promotion from lower grade. Considering all the facts an......ify his qualification. It appears from, the resolution from the minutes of the meeting of the Promotion Committee held on 3-7-78 which was placed before us, that after obtaining report and other documents of the officers concerned it was found that the senior most candidate, i.e. the petit..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
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