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.... the respondent that Bangladesh passports were renewed by suppressing the fact of old Bangladesh passport and did not give his correct status are not only baseless and frivolous, but these are also irrelevant for deciding the issue before this Hon'ble Court. It is stated that the respondent did ......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
...... by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On the......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
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ismissed In ascertaining the Period of Time the General Expression is to be Ignored when the Beginning and the End of the Questioned Period of Time is clearly Specified and Dated— The relevant portion of the agreement of reconveyance runs as follows: “আপনার সà¦......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 ......others.......Respondents Judgment June 30, 1981. Result: The Appeal is dismissed In ascertaining the Period of Time the General Expression is to be Ignored when the Beginning and the End of the Questioned Period of Time is clearly Specified and Dated— The relevant......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 ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... and /or penalty for the default of the supplier is a question between the purchaser and the supplier. The bank cannot raise this plea. The question as to what part has not been performed is not also relevant……..(7) Cases Referred To- Trading Corporation of Bangladesh Vs. Mak...... 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. ...... Ranadhir Sen J Md. Altaf Hossain J Pubali Bank…………………….. Appellant Vs. Bangladesh Agricultural Development Corporation and another………Respondents Judgment June 30, 1981 Result: Th......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
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......is also Reported in: 1 BLD (AD) (1981) 421 ......or by a registered kabala dated August 22, 1953 and since then the plaintiff has been possessing the land without any interruption till the middle of 1960 when the defendants came out with fabricated documents showing that they purchased the land from the same Bank and dispossessed him from the suit..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....cer of the University, they could not be brought within the mischief of the said Article. After going through the judgment, I find, I am unable to accept the interpretation given therein. 6. The relevant Article may be set out: "A Board shall, upon reference made to it by the Government ag......e said teachers were residing against operation of Pakistani Army. The respondent denied to have written that letter but admitted that he was a member of the delegation. The Board also found from the papers that was produced before the Board that the respondent did write such a letter. Of the other ......of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first part deals with collaboration, the second part deals with the of ideology of Pakistan and the third part deals with the support of the elements inimical to the liberation struggle or cre......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....ax on the annual value on the building and lands. Keeping this decision in view the High Court Division directed the appellant to assets the municipal tax so as to bring them into conformity with the relevant maximum ceiling prescribed by the Model Tax Schedule. 6. This decision is challenged b......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dacca Municipal Corporation………………….Appellant Vs Sonali Bank and Ors…………………………….Resp......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....n Ordinance (XLV of 196(1); Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memorandum of association--Government has the power to direct a registered tr......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 ......Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memorandum of association--Government has the power to direct a registered trade organisation to alter or......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
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....not less than 14 days, or payment in lieu thereof. 6. The High Court Division took the view that once he was appointed this service could only be terminated by maintaining a proceeding under the relevant rules. The High Court Division repelled the contentions that the appointing authority had t......without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ......y;dent was never selected by the Selection Board, but somehow by mistake the appointment letter was issued. In the absence of selection by the Board the appointment was invalid. Between the interview and the date when he got the appointment letter there is hardly anything to show that he was se......without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....or alter the valuation, while making assessment of the tax payable in a holding in other words, only in cases where assessment are yet to be completed and tax is payable. 22. On a perusal of the relevant rules, we think that if the intention of the legislature was to give the assessing officer ......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......ult: The appeal is dismissed Urban Immovable Property Tax Rules, 1957, Rule 10 Rule 10 gives power to amend or alter the valuation only in cases where assessment is yet to be completed and tax is payable. It does not give power to re-open a closed assessment………&he......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ition under Article 102 of the Constitution alleging, inter alia, mala fide in the Government in causing his premature retirement. 7. Some facts which appear in the petition may seem to be relevant for deciding the legality or otherwise of the impugned notification. The appellant com......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 ......SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chowdhury Vs. Province of East Pakistan, PLD 1957 SC 9;Kunnothat Thathunni MoopilNair Vs. State of Kerala, AIR 1961 SC 552; East and West Steamship Vs. Pakistan, PLD 1958 SC 41;Matajoy Dobey Vs. H.C. Mare, AIR 1956 SC 44; Padfiel......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)
....tinent and conflicting opinions have been expressed as to the nature of an application for restitution of a property in persuance of adverse appellate decree. For proper appreciation of this question relevant provisions of law are quoted below: — Section 144, Civil Procedure Code. &q......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 ......he recovery of the fruit of a decree passed earlier but subsequently reversed. Application for restitution is an application for which no limitation has been specifically provided for in the law and as such it attracts the residuary provision of Art. 181. A restitution application is not an app......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)
....r life and the other four were sentenced to rigorous imprisonment for ten years. The respondents challenged the legality of this order of the Government in the Writ Petition on the ground that at the relevant time power of review vested in the Chief Martial Law Administrator and not in the Governmen......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. ......;…………………………………………………….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, 1980. Result: ......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)
....bsorbed in the service of Bangladesh Chemical Industries Corporation and when the impugned order of dismissal was served upon the petitioner, he was the employee of the Corporation as such and at the relevant time upto 31st July, 1974 the petitioner as Administrative officer in Aziz Match Factory re......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. ......ory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutory public authority given in Art. 152(1) of the Constitution are read and considered toge......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)
.... section-202 is the provision or the only provision for the holding and conducting of such pending enquiry or whether there are other provisions in the Code as amended by the Ordinance which are also relevant for the purpose. This may be examined in an appropriate case. 7. We have, however, car......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 ......-1-80 passed by the learned Additional Sessions Judge, Sylhet in Crl. Motion No. 9/111/79 setting aside an order of a Magistrate, 1st Class of Sunamganj passed on 29-6-79 in C.R. Case No. 769 of 1976 and directing him to send the case to the Court of Session for trial. 2. On a First Information......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
Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)
....es of the case the decree insofar as it related to defendants 1-9 did not come within the mischief of P.O 12 of 1972. I see substance in the contention of the learned Advocate. Article 3, which is relevant, of P.O 12/72 is quoted below:- "3. Notwithstanding any thing conÂtained in any other l......he defendants 10-17 will be struck of the decree. The order of the learned Munsif for restoÂration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ...... This Case is also Reported in:35 DLR (HCD) (1983) 86. ......he defendants 10-17 will be struck of the decree. The order of the learned Munsif for restoÂration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ..Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....of the Registration Act, 1908 and sections 56,78(6) and 85 of the Evidence Act the Notaries Ordinance, 1961 and Diplomatic and Consular Officers (Oaths and Pees) Act, 1948 (Act XXI of 1948). The relevant provisions of these Acts may be indicated in substance. 8. Section 33 of the Registrat......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 ......ent for the principal does not require registration except that its authentication under the law is necessary …………… (5) Whether Power of attorney executed and authenticated by a Magistrate or Notary Public in a foreign country could be acted upon as ......aries Ordinance, 1961 that if there is reciprocal arrangement, then by reference to section 14 of the Ordinance, 1961 and section 33 of the Registration Act, those notarial acts will be valid and the documents admissible in Bangladesh. 14. If there is no reciprocal arrangement the questio..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... 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 ...... 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 ......p;……….Opposite Parties Judgment August 26, 1980 Result: The Rule is made absolute Case Referred to- Hakim Moulvi Md. Mahbub Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; Zinda Ram Lai Vs. Ramrup Das and others. AIR 1935 Pat 231; Promode Kuma......ipality and that it was difficult to believe that a lady of her status could not have the means of purhasing land worth Tk. 12, 000/ only. The trial Court held that on the face of the recitals of the documents Ext. 1 (a) it did not lie in the mouth of the Opposite Party (petitioners here) to contend..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
.... Rule was obtained by the plaintiff on 23 June, 1980. The Rule was made returnable. 5. Mr. Faqir Shahabuddin Ahmed, the learned Advocate appearing in support of the rule has taken us through the relevant papers filed as annexures to this petition. He has mphatically argued that item No. 3 as de...... obtained by the plaintiff on 23 June, 1980. The Rule was made returnable. 5. Mr. Faqir Shahabuddin Ahmed, the learned Advocate appearing in support of the rule has taken us through the relevant papers filed as annexures to this petition. He has mphatically argued that item No. 3 as described i...... Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: Faqueer Shahabuddin Ahmed with Moazzammel Huq Bhuiyan, Rabia Bhuiyan and Shah Abu Nayeem, Advocates-For the petitioner. S.R. Pal with Anil Chandra Sarker and S.R. K......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)
....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. ......ellip;………. Opposite Party Judgment August 6, 1980. Result: The rule is accordingly discharged. Case Referred to- Durgaprasad & another Vs. Deepchand & others, AIR 1954 SC 75; Methu Vehemandu Vs. Duggiarala Pitchayya, AIR 1946 Mad 497; Thakur......by the defendant No.1 in favour of the added defendant No. 3 and the alleged diverse sale deeds by the defendant No. separately are false, fictitious, fraudulent, collusive, ante-dated and fabricated documents without considerations and the same have been mala fide, manufactured to harass the plaint..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....on of exe-cutability of the decree. In so doing, the Court is to follow the principles set out above. It may further be observed; that absence of jurisdiction is to be held keeping in view all the relevant provisions of the Code of Civil Procedure or other relevant laws. 6. Turning to the......he appeal, set aside the order of the High Court DiviÂsion and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ......Kemaluddin Hossain CJ Ruhul Islam J Shahabuddin AhÂmed J Hajee Md. Ahsanullah...................Appellant Vs. Arafatunnessa Bibi, being dead her heirs, Ali Ahmed and others...............Respondents Judgment July 8, 1980. Result: The appe......he appeal, set aside the order of the High Court DiviÂsion 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
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