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Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)

....hin the meaning of section 50 of the Evidence Act. The information gathered from the entry in S. A. Khatian, the L.A. case records and the rent receipts were not opinions of persons who had special means of knowledge in proving relationship. I do not find much substance in that contention.......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)

.... 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 ......ly defined anywhere in the Constitution. It would appear from clause (b) of sub-paragraph (2) of paragraph 10 of the 4th schedule of the constitution that conditions of service includes remuneration, leave, pension rights and rights relating to the disciplinary matters. Fixing of seniority as such h..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)

..... This principle applies ordinarily to the management of agricultural lands and has seldom been extended to urban properly so as to tie it up in the hands of lessees or to confer on them rights under special statutes. To this again there is an exception. The lease will continue to bind the mortgagor...... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116   ..

Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10

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

....ot granted as of right or issued as a matter of course. It does not necessarily issue in consequence of a decision upon the points of Controversy raised in the case, but regard must be had to all the special circumstances of the case before such a direction may issue to an authority to enjoin upon i......­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)

....iyan, Deputy Attorney General, instructed by B. Hossain— For the Respondents.  C.A. 94 of 1981 from C.R. 732 of 1981 Judgment Badrul Haider Chowdhury, J: This appeal by special leave is directed against the judgment and Order of the High Court Division in Civil Revisio......puty Attorney General, instructed by B. Hossain— For the Respondents.  C.A. 94 of 1981 from C.R. 732 of 1981 Judgment Badrul Haider Chowdhury, J: This appeal by special leave is directed against the judgment and Order of the High Court Division in Civil Revision No. 73..

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

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

..../-, 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.     ....../-, 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.     ..

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

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

....­peal from the judgment and decree dated 7th August, 1979 passed by the High Court Division in Second Appeal No. 791 of 1965.) Judgment Badrul Haider Chowdhury J.- This is an appeal by special leave. It arises out of a suit for specific performance of a  contract dated 10.12.195......rom the judgment and decree dated 7th August, 1979 passed by the High Court Division in Second Appeal No. 791 of 1965.) Judgment Badrul Haider Chowdhury J.- This is an appeal by special leave. It arises out of a suit for specific performance of a  contract dated 10.12.1959 wherei..

Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234

Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)

....ay or restricted its exercise with regard to the matter coming within the excepted part of the sub-Article. This question has been discussed and decided in the earlier two decisions referred to above specially in the case of Bangladesh Vs. Jahangir Hossain (1981 BLD (AD) 378) I will not repeat the r......tion of Law was raised by way of Special Leave to Appeal to the Federal Court. By plurality of judgment, the Federal Court came to a common conclusion, mat no appeal lay, and so petitions for special leave were dismissed. Some of the reasons of Chief Justice Rashid may be noted. He held mat the Army..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

.... In the result, all the rules in all the writ petitions are discharged without any order as to costs. 39. It is submitted by Mr. Mohammad Ali, leaned Advocate that he has instruction to prefer special leave to appeal to the Appellate Division against this decision of this court. In this view ......e result, all the rules in all the writ petitions are discharged without any order as to costs. 39. It is submitted by Mr. Mohammad Ali, leaned Advocate that he has instruction to prefer special leave to appeal to the Appellate Division against this decision of this court. In this view of the m..

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   ....... 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

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. ..

Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1

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

....Writ petition--Government of Bangladesh made respondent--Petition not bad for not impleading some of the officers of the respondent. Writ--Mandamus--Demand for justice— When there are special circumstances to indicate that demand for justice would be futile, mandamus can issue even t...... by the police officers present there. At about 7 P. M. on the same day one person in civil dress came in and without introducing himself informed Towab that the Government has decided that he should leave for Bangkok by the Thai International Airlines flight No. TG-304. The same evening at about 8 ..

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

Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)

....ttorney General, instructed by Zinnur Ahmed, Advocate-on-Record—For respondent 5   Cr. A. 5 of 1981 from Cr. A. 48 of 1978 Judgment Shahabuddin Ahmed, J: This appeal by special leave is from an Order of acquittal passed by a Single Judge of the High Court Division on A......General, instructed by Zinnur Ahmed, Advocate-on-Record—For respondent 5   Cr. A. 5 of 1981 from Cr. A. 48 of 1978 Judgment Shahabuddin Ahmed, J: This appeal by special leave is from an Order of acquittal passed by a Single Judge of the High Court Division on April 12,..

Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0

Bengal Water Ways Ltd & Another

.... 32. Section 162 of the Companies Act, provides for the circumstances in which a company may be wound up by the court and the circumstances are as follows: (i) if the company has by special resolution resolved that the company be wound up by the court; (ii) if default is made ...... hatred, and it was just and equitable that the company should be wound up. 12. Against the aforesaid decision of the High Court Division the appellants preferred the present appeal and obtained leave. 13. Respondent No. 1 Rahimuddin Ahmed and respondent No. 2 Shilpa Rin Sangstha entered a..

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)

....ng on earlier decisions it was observed that: “If there are two clauses or parts of a deed repugnant to each other, the first will be received and the latter rejected, unless there is some special reason to the contrary, but this is an expedient to which the court very reluctantly has rec......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

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

....mpanies Ordinance, 1962 which gives exclusive jurisdiction to the Company Judge in all matters related to or arising, out of an winding-up proceeding. This order has been challenged in this appeal by special leave by the plaintiff of the suit in question taking two grounds, one being that facts of t......Ordinance, 1962 which gives exclusive jurisdiction to the Company Judge in all matters related to or arising, out of an winding-up proceeding. This order has been challenged in this appeal by special leave by the plaintiff of the suit in question taking two grounds, one being that facts of the case ..

Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0

Southern Fisheries Ranong Corporation and others Vs. Kingfisheries Industries Ltd. and others, 1981, 10 CLC (HCD)

....er. Communicate the order to the Court concerned expeditiously. Abdul Matin Khan Chowdhury J.—I agree Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 23   ......and the learned Vacation Judge, by his order dated 15.10.80 directed the release of three trawlers out of four and the trawler BT-102 was directed to be kept under attachment till the application for leave was disposed of by that Division. The appeal thereafter was taken up for hearing by this Divis..

Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2

Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree.   This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree.   This Case is also Reported in: 34 DLR (HCD) (1982) 32 ..

Category: Procedural Law | Date: 5 May, 1981 | Hits: 2