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

..... 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   ......lready pointed out is incompatible with the provi­sions of law as understood in its true context. What continued is the state of affairs as an enemy property or firm as it existed on 16.2.69? The decision in the context of the facts was apt; but certain observation as we have stated is misleadin..

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)

....uditor-General of Bangladesh. It gets allo­cation of funds from development project and its annual development programme has to be approved by the Planning Commission. Due to these measures, both legislative and executive, the status of the company changed from that of an ordinary limited compan......rounds of termination. 46. The appellant, being aggrieved by the aforesaid judgment and order of the High Court Division, moved this Court and obtained leave to consider the applicability of the decision to be given by this Court upon a similar question upon which leave had earlier been granted..

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

Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)

....of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......t No. 2. Writ Petition No. 181 of 1978. Judgment Syed Muhammad Husain J. - This rule arising out of an application under Article 102 of the Constitution is directed against a decision of the First Labour Court dated 24.1.78 in complaint Case No.11 of 1977 directing reinstate..

Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2

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

....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   ...... done or taken by any person or authority in exercise of the powers derived or purported to have been derived from such Proclamation, Martial Law Regulations, Martial Law Orders. (3) Whether the decision of the reviewing authority, namely, the Government of Bangladesh can be called in question ..

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 ...... be deemed to have been extinguished and the mort­gagor thereafter would on application made either to Civil Court or Revenue Court be restored to possession. The Calcutta High Court in number of decisions held that anomalous mortgage with possession given to the mort­gagee, namely, mortgage..

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

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

....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 ......e Acquisition and Tenancy Act, 1950. 2. The short question for consideration in this appeal is whether the learned Single Judge of the High Court correctly appreciated the ratio decidendi of the decision of this Court in Motilal Sikder Vs. Benodini Dasi, 28 DLR (AD) 5 and whether the same has b..

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

Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)

....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     ......d any payment of any outstand­ing bills that might be rendered by the petitioners on account of any contract with such bodies and organisations. This impugned notice was followed by an unilateral decision of the respondent No.2 intimating the petitioners on 29th September, 1978 about their inclu..

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. ......g the nature of the land, whether the land is agricultural or non-agricultural, is the initial purpose either for taking settlement of land or for purchase of the same. This view finds support in the decision of a Division Bench of Dhaka High Court in the case of Lutfun Naher Vs. Syeda Hashmat Ara r..

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

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

.... 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.   ......ned Single Judge of the High Court Division, who on finding some conflicting deci­sions on the question of default, referred it to the Division Bench, which on consideration of sev­eral other decisions held that payment of four months' rent namely, Agrahayan, Pous, Magh and Falgoon of wh..

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

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.   ......med the ad-interim order of injunction granted by the learned Munsif as the damage to be caused can­not be compensated by money nor it can be cal­culated in terms of money. He has relied on 3 decisions, namely, PLD 1960 Dacca 153, AIR 1936 Patna 456 and AIR 1939 All 280. 4. Mr. Rafiqul ..

Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

.... as shown above were not correctly drawn. Definitions in a modern statute provides the vocabulary for understanding the different provisions of the statute. But the defi­nition cannon control the legislative intent or the express provisions of the statute, or any par­ticular provisions which......sdiction to interfere with the findings of a domestic tri­bunal. 2. The High Court exercising its writ jurisdic­tion in the nature of certiorari had no jurisdiction to interfere with the decision of the Labour Court, because the Labour Court acted within its jurisdiction in holding the ..

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         ......on the finding that the defendant No. 1 occupied the quarters and the land as a licensee and not as a tenant of the plaintiff. 6. The plaintiff preferred Title Appeal No. 441/61' against the decision in T.S. No. 76/58 and the defendant No. 1 preferred Title Appeal No. 432/61 against the dec..

Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1

Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)

....et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430.   ......erved that whether the appointment of defendant Nos. 1 and 2 was in respect of the same area or not is itself the subject matter of the suit and as such temporary injunction would result in the final decision .of the suit itself. In that view of the matter the learned District Judge revised the lear..

Category: Family Law | Date: 30 Nov, 1979 | Hits: 1

Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)

....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 ......hy;sideration of the Government and till that is done, it cannot be said that there is any rule of seniority. 17. It was further stated in the affidavits-in-opposition that there is a Government decision being decision of Council Committee of Ministers dated 8-6-77 to the effect that no per­..

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.           ......re any title to the property. Upon these find­ings the learned Subordinate Judge dismissed the suit and allowed the Succession Certificate case. This appeal is directed against the afore­said decision of the learned Subordinate Judge. 6. Mr. Khondker Mahbubuddin Ahmed with Mr. Md. Shafi..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3

Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)

....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. ...... the nature and character of possession the rights acquired by the parties will determine the remedies available to him. 7. Multiplication of these instances is un­called for, but, one relevant decision for our purpose may also be referred to: Musammat Sundar Vs. Musammat Parbati 16 IA 187 is ..

Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

....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   ......m for pension. In these circumstances, the Court held that the petitioner was entitled to protection of Article 311 of the Indian Constitution. 11. Mr. Paul has referred to this Indian decision particularly to meet some new questions raised by the respondents in their supplementary af..

Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1

Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)

....thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ......ed against an order dated 27.7.78 of respondent No. 5, Joint Secretary, Bangladesh Agricultural Development Corporation, briefly the Corporation communicating to the petitioner the. Corporation's decision demoting him from his post of Assistant Manager in junior executive grade to the post of Of..

Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2

Shaikh Keramat Ali Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1979, 8 CLC (HCD)

....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   ......cer.' of the government concerned committed gross contempt of Court by obstructing the course of Justice in a matter which is subjudice. In support of this contention Mr. Rahman has relied upon a decision of the Patna High Court, 50 Crl Law Journal, (1949) 474 and also a decision of this Court i..

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)

....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   ...... 1965 and as such the finding of the Labour Court without any evidence on record that the petitioner was not a worker, could not be sustained. 5. It appears that the Labour Court has relied on a decision reported in P L D 1970 Dacca 707 and held that petitioner being a Supervisor under Responde..

Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2