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Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)

....e Respondents 3-7 & 9-11. K. A. Bakr, Attorney General, instructed by B. Hossain, Advocate-on-Record- appearing under O. XLV of Supreme Court (Appellate Division) Rules, 1973 S. R. Pal, Senior Advocate- appearing as Amicus Curiae C. A. 100 of 1979 from S.A. 973 of 1967 Judgme......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     ...... are to refer to some of the provisions of sec­tion 33 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 ..

Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3

Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)

....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ......unt No. 10286, with Sonali Bank, Local Office, Motijheel Comm­ercial Area, Dacca in the name of defendant No.1. (iii) Tk. 3,27,02,361/61 in China Barter Account lying with Sonali Bank, Local Officer, Foreign Exchange Department, Motijheel Commercial Area, Dacca, the defendant No. 2 out of t..

Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1

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

....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   ......ntested in the said election. On that date i.e. on 27.12.83 the election of the Ward No.2 could not be held due to obstruction and interrup­tion which had gone beyond the control of the Presiding Officer and, as such, he stopped the poll in the said Ward and informed the Returning Officer, defan..

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

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   ....... 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)

....Refinery Ltd. & Others…………….Respondents Judgment June 12, 1980. Result: The appeal is dismissed. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instruct­ed by A. Backkar, Advocate-on-Record-For appellant (In C.A. 169 of 197......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 ...... was stated, inter alia, that the allegation made against the General Manager were false and made only for the purpose of the said petition and so also the allegations made against the Senior Medical Officer of the respondent No.1, that there was no mala fide in issuing the impugned order of termina..

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 ......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 ......ctions. 18 (1) 25 (c) Labour domestic enquiry - Jurisdiction of Labour Court— A Labour Court is not a Court of appeal sitting over the finding of domestic enquiry--Nor is the Enquiry Officer/Enquiry Committee is a criminal court for the purpose of following procedure of such enquiry..

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

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

.... 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. ...... 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)

....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   ......alt with case on merit. It considered the argument that the review proceeding had not been dis­posed of according to law. It further considered that cognizance was not taken by the Sub-Divisional Officer and therefore, the case was not pending for enquiry. Then it considered that the transfer wa..

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 ......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 ......toration and, on such application and, in the case of redemption, also on payment by the appli­cant of the amount due to the mortgage under the said provision, the Subdivisional Magistrate or the Officer so authorised shall pass an order directing the mortgagee to restore possession of the mortg..

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

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

....Tribunal, (1948) 1 KB 424; A Roberio vs. Labour Appellate Tribunal, 27 DLR 98; MS Nabisco Biscuit and Bread Factoty, W.P. No. 397 of 1974 (unreported), Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Altaf Hossain and A. W. Bhuiyan, Advocates, instructed by A. Rab II, Advocate-...... 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     ......the table of the Assistant Manager and despite his asking the employee to return the Attendance Register the employee refused to return it. 38. The employee denied the charges before the Inquiry Officer in both the proceed­ings. His case, inter-alias was that on February, 1973 he met the As..

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3

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

....Deputy Secretary to the Government of Bangladesh. 5. Annexure 'D' to Writ Petitions is Estab­lishment Division Notification No. ED(IC) SII-6/78/5 dated 1st March. 1979 constituting a Senior Policy Pool to be the apex of the Cadre of Civil Service, 6. In Writ Petition No.527 of ......cretary to the former Government of West Pakistan. 33. Respondent Nos. 3 and 4 in Writ peti­tion No.528 of 1979 belonged to the erstwhile EPCS cadre and respondent No. 5 belonged to Ex-EPCS (Judicial) cadre, Respondent No. 6 (who is respondent No. 3 in Writ petition No. 527 of 1979) belonge...... (Composition and Cadre) Rules, 1954 framed under the authority of the Constitution. It was further stated that the sen­iority of the petitioners in relation to the holders of listed posts, i.e., Officers not belonging to CSP but appointed substantively to and superior post on the CSP cadre by p..

Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1

General Manager, Bogra Cotton Spinning Co. Ltd. Vs. Chairman, Rajshaht Labour Court & another, 1979, 8 CLC (AD)

....amp; another.....................Respon­dents (In both the appeals) Judgment September 3, 1979. Result: The appeals are dismissed. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record - For the Appellant (In both the appea......of reinstatement was justified. In the result, therefore, both the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 329. ......of reinstatement was justified. In the result, therefore, both the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 329. ..

Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182

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.           ...... 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.           ......­ance certificate. Next witness for the plaintiffs P.W. 7 Md. Amjad Ali. He is an Inspector of Income-tax, Circle C. He proves the letter dated 17-4-69 and 22-7-69 bearing signature of Income Tax Officer, Ext. 2 and 2(a). Those are letters from the Income Tax Officer to Haji Abdur Rahman Choudhu..

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

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

....I.R 1918 Cal 923; Musammat Sundar vs. Musammat Parbati 16 IA 187; Joydeb Agarwala vs. Baitulmal Karkhana Ltd., (1964) 16 DLR (SC) 706; PLD. (1965) S.C 37. Lawyers Involved: S. R. Pal, Senior Advocate, with Habibur Rahman, Advocate, instructed by S.S. Hoda, Advocate-on-Record—For th......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. ......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

Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

....t any lawful authority and is of no legal effect. There will be no order as to coats. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (1979) 402   ......t any lawful authority and is of no legal effect. There will be no order as to coats. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (1979) 402   ...... Writ Petition No. 277 of 1977. Judgment Rafiqur Rahman J.- The petitioner by this writ petition has challenged an order dated 18.7.77 issued under signature of respondent No. 2 Section Officer, Ministry of Works ft Urban Development of the Government of Bangladesh, rejecting his praye..

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

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   ......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   ......ent, of Bangladesh, represented by the Secretary. Ministry of Law and Parliamentary Affairs, removing him from his office under the provision of the President's Order No. 6 of 1972 Bangladesh Law Officers Order, 1972. The simple case of the petitioner is that as no show cause notice was served u..

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   ......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   ......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   ..

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

Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)

....nd others……………………Respondents Judgment July 12, 1979. Result: The appeal is allowed. Lawyers Involved: M.A. Rouf, Senior Advocate, instructed by Md. Aftab Hossain Advocate-on-Record - For the Appellant. B.C. P......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ..

Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95

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   ......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   ......der in question was actually committed by the complainant himself who lodged a false First information Report against him and other accused persons out of enmity and grudge and that the investigating Officer acting in collusion with the Sub-divisional Officer, Bagerhat, submitted the charge-sheet fa..

Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3

Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC

.... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29   ...... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29   ......-1/mn/111, dated Dacca, the 5th October, 1977 issued from the Ministry of Home Affairs Immigration Branch 111, Government of the People's Republic of Bangladesh, under this signature of a Section Officer, informing the petitioner that he was not qualified to be a citizen of Bangladesh because he..

Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1