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Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....; This Rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-emption under section 96 of the State Acquisition and Tenancy Act 1950 (hereinafter referred to as the Act) would fail in absence of......;   Abdul Wadud Chowdhury J Sultan Hossain Khan J Shahidur Rahman Molla & others………………………Petitioners Vs. Abdul Halim Molla & others…………………&hell......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.   ......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)

....is rule has been referred to this Bench by the learned Chief Justice for a decision since contrary vie­ws with regard to the question whether an ap­plication for pre-emption under section 96 of the State Acquisition and Tenancy Act 1950 (hereinafter referred to as the Act) would fail in absence of...... (Dhaka Bench) (Civil Revisional Jurisdiction) Present: Abdul Wadud Choudhury J Sultan Hossain Khan J Shahidur Rahman Molla & other……………………………Petitioner Vs. Abdul Halim Molla & others………………………Opposite party Judgment Decemb......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. ......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

Dr. Abu Ahmed Chowdhury Vs. Bangladesh represen¬ted by the Secretary of the Ministry of Health and Population Control and others, 1981, 10 CLC (HCD)

....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 ......ecial Original Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan J Dr. Abu Ahmed Chowdhury…………………Petitioner Vs. Bangladesh represen­ted by the Secretary of the Ministry of Health and Population Contr......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 ...... should be singled out for compulsory retirement--Such retirement must be held to be discriminatory and ordered with ulterior motive…….(4 & 5) Cases Referred To- Dr. Nurul Islam Vs. Bangladesh, 1981 BLD (AD) 140; A.K.M. Arshad Ali Vs. Govt. of Bangladesh in Writ Petition ..

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. ......ecial Original Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Res­pondents ...... 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. ......again by his letter dated 3-1-79 in­formed the petitioner that since his explana­tion was not satisfactory he was directed to submit his written explanation to the Enquiry Officer Mr. Sirajul Islam. Accordingly the petitioner appeared before the Enquiry Officer and submitted a detailed expla..

Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

....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.       ......azle Munim J Ruhul Islam J Badrul Haider Chowdhury J Bazlur Rahman Bhuiyan……………………………Appellants  Vs. Bangladesh Shipping Corporation…………….Respondent  J......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.       ......981) 443;34 DLR (AD) (1982) 42.       ..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)

....pellate Jurisdiction) Present: Muhammad Habibur Rahman J Mustafa Kamal J Nabir Md. @ Nabiruddin…………………Appellant Vs. The State....................................Respondent Judgment November 10, 1981. Resul...... (Criminal Appellate Jurisdiction) Present: Muhammad Habibur Rahman J Mustafa Kamal J Nabir Md. @ Nabiruddin…………………Appellant Vs. The State....................................Respondent Judgment November 10, 198......ence pas­sed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16   ......hman came to his rescue. P.W.4 Mukhlesur Rahman caught hold of accused Azizul Huq and deceased Matiar Rahman caught hold of accused Seraj. The other accused persons fled away. Informant P.W. 3 Nazrul Islam and P.W.5 Tafidul Hoque (cousins of P.W.1 Rouf) came and helped them in arresting accused Aziz..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

....ammad Habibur Rahman J Mustafa Kamal J Saad Ahmed……………………………………Appellant Vs. The State……………………………&hellip......ent: Mohammad Habibur Rahman J Mustafa Kamal J Saad Ahmed……………………………………Appellant Vs. The State…………………………&h....../-, in default, to suffer rigor­ous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75.     ......Chorhash is a different village and his tea stall is at Jagoti. Thus P.W.1 and P.W.2 contradicted each other as to the place of occurrence from where P.W.1 was allegedly abducted. 7. P.W.3 Nurul Islam was taking tea in the tea stall of P.W.2 Haju Mia on 1.5.71. He corroborated P.W.2 by saying t..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

Archana Proshad Nandi Vs. Miss Chilia Ran­dolph and others, 1981, 10 CLC (AD)

....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.   ......ivil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Archana Proshad Nandi.....................Appellant Vs. Miss Chilia Ran­dolph and others....................Respondents Judgment Oc......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.   ...... 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)

.... 378); Province of Ontario Vs. Attorney-General for the Diminion of Conada, (1912 AC 571); Bangladesh Vs. Jahangir Hossain (1981 BLD (AD) 378); Khondkar Ehteshamuddin Ahmed @ lqbal Vs. State, (1981 BLD (AD) 107); Anisminic Vs. Forcing Compensation Commission, ((1969) I All E. R. ...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Jamil Huq (Ex-Captain)………………………Appellants  Vs. Bangladesh & Others………………… Respondent ......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   ......efused. 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)

.... 18. When the Government acquires land for its own purpose or for the purpose of a statutory body then the scope of enquiry into public purpose is limited. Co-operative ownership however, is not State ownership nor is a public enterprise. Article 13 of our constitution recognises co-o......sdiction) Present: Amirul Islam Chowdhury J Mustafa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration,......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   ...... This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407   ..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Managing Partner, Messrs, Bank Line Na¬vigation Company Vs. Chairman, Second La-bour Court, Dacca and other, 1981, 10 CLC (HCD)

..... In the facts and circumstances there will be no cost of these Rules. Abdul Wadud Chowdhury J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 55   ...... (Special Original Jurisdiction) Present: Abdul Wadud Choudhury J Sultan Hossain Khan J Managing Partner, Messrs, Bank Line Na­vigation Company.............Petitioner Vs. Chairman, Second La­bour Court, Dacca & another…….Respondents (In Wri....... In the facts and circumstances there will be no cost of these Rules. Abdul Wadud Chowdhury J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 55   ....... In the facts and circumstances there will be no cost of these Rules. Abdul Wadud Chowdhury J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 55   ..

Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....rt; or e) uses a passport which he knows or has reason to believe to be forged, altered, or tampered with; or f) is in wrongful possession for any purpose prejudicial to the interest of the State of a passport not lawfully issued to him; or g) traffics in passport :shall be punished w...... Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh, 40, Dhanmondi Residential Area, Road No. 4 A, Dacca-9………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Minist......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   ......as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 34   ..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Bengal Water Ways Ltd & Another

....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435     ...... CJ Chowdhury A.T.M. Masud J Abdur Rahman Chowdhury J Bengal Water Ways Ltd & Another……………………….Appellants  Vs. Rahimuddin Ahmed & Others……………………&h......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435     ...... K.A. Bakr, Sr. Advocate, with Ataur Rahman Khan, Advocate, instructed by B. Hossin, Advocate-on-Record— For the Appellants. Syed Ishtiaq Ahmed, Sr. Advocate, with Mahmudul Islam and Q.C. Ghauce, Advocates, instructed by A. Backkar, Advocate-on-Record—..

Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0

Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)

....p;…………………(8) Cases Referred to- Shamsuddin Ahmed, Advocate Vs. Registrar, High Court East Pakistan, 19 D.L.R. (SC) 483; A. G. Maline Vs. the State, 19 D.L.R. 381; Safiruddin Kazi alias Safiruddia Vs. Moslem Ali Howladar and others 12 D.L.R. ......1982) 49   ......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   ......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)

.... 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.       ......n (Civil Appellate Jurisdiction) Present: Ranadhir Sen J Md. Altaf Hossain J Pubali Bank…………………….. Appellant Vs. Bangladesh Agricultural Development Corporation and another………Respondents ...... 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.       ...... 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.       ..

Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2

Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)

....t the Bank went into liquidation in July 1957 in which connection a winding up proceeding being Matter No.7 of 1957 started. It was further contended that the Liquidator of the Bank, namely, the then State Bank of Pakistan, reconveyed the suit land to the sons of Prohllad by executing a registered s...... Present: Fazle Munim, J Ruhul Islam J Shahabuddin Ahmed J Kanak Chandra Das & Others…………………….Appellants Vs.  Basiruddin Khan & Another…………………......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 ...... pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ..

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)

....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 ......ent: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Registrar, University of Dacca…………………Appellants  Vs. Dr. Sajjad Hossain And University of Dacca………….Respondent  ......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 ......t 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

M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)

....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ...... (1982) 142. ......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ..

Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1

Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

....is section simply says that tax includes rates, tolls and fees. What is has been left to be understood in its ordinary meaning which is that tax is an impost leviable by or under the authority of the State. Section 33 of the said Ordinance empowers the Municipal Committee to levy, with previous Sanc......erred by the Khulna Municipality which, however, was not proceeded with and was disunited. The High Court Division relied on the deci­sion of this Court in the case of American Life Insurance Co. Vs. Dacca Pourashava, re­ported in (1979) 31 D.L.R. (A.D ) 276. The majority view is that the ra......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 ......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

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

....ellip;opposite parties Abdul Karim…………………………………..........Petitioner Vs. Shafiqur Rahman & State……………..........opposite parties Judgment March 4, ...... (Criminal Revisional Jurisdiction) Present: Chowdhury A.T. M. Masud J Md. Altaf Hossain J Rokeya Begum…………………Petitioner Vs. Shafiqur Rah­man & state……………opposite parties ......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1