Search Options
Judgment Advanced Search
Displaying 1281-1300 of 5586 results.
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....letter under reference". This letter which is dated 1-12-77 clearly lends support the petitioners statement that due to disturbance during and after the war of liberation the garden could not be properly looked after or managed as it should have been and that the government for that matter coul......lip;…..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is petitioners' inalienable right to enjoy the pr......to how the government could re-enter and take possession without the intervention of the court. Viewed from any stand point, it must be held that the impugned action of the government was illegal and without jurisdiction. It necessarily follows that the petitioners' inalienable right t..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....nder reference". This letter which is dated 1.12.77 clearly lends support to the petitioners' statement that due to disturbance during and after the was of liberation the garden could not be properly locked after or managed at it should have been and that the Government for that matter coul...... Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judgment January 13, 1982 ......arned Assistant Attorney General. 2. The petitioner in the Rule have although maintained that they had a valid lease for the Tea Garden in question and that it was taken over by the Government Illegally and without any lawful authority whereat the Government tried to make out a case in their af..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
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 ......nts Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD ......clause (b) of sub-paragraph (2) of paragraph 10 of the 4th schedule of the Constitution or article 136thereof, it is to be considered whether granting two years antedated notional seniority by a legal fiction as has been made in Government Servants (Seniority of Freedom Fighters) Rules. 1979 ca..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....ection 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the Court a decree that the mortgagor shall be absolutely debarred ...... Mortgage Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the C......3.6.49. Time against the plaintiff could only run after the date of redemption. As the suit was filed on 10.5.61 it was clearly not barred by limitation. 7. Mr. Ahmed has next contended that the legal status of a mortgagee of a mortgage by a conditional sale being that of the transferee, defend..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
....;ing of the enquiry officer that shortage of 9,349 gallons of oil was due to misconduct or misappropriation by the petitioner. 6. As regards the submission that the petitioner was not given proper opportunity in his defence inasmuch as that the witnesses cited by him were not summoned and ......ud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judgment November 18, 1981. Result: ....... This rule is directed against the aforesaid order of dismissal. 3. Mr. Mainul Hosein with Mr. Joynul Abedin, the learned Advocate for the petitioner has submitted that respondents acted illegally and without jurisdiction in dismissing the petitioner on the basis of enquiry in which ..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....and at the Bench we have found that this period of two years spent by a young lawyer in the Subordinate Courts to make himself eligible for practice before this Division, does not equip him properly, and adequately to practice as an advocate of this Division. Admittedly, the prac...... The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitioner in person. MA Manna, Advocate— For the Respondent No.3. Syed Ishtiaq Ahmed and Khondker Mahbub Uddin Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. ...... Bangladesh imparting such education. We do not know whether the Committee has been able to evolve or put some thing into the syllabus or the curriculum with a view to impart to the students the legal training that is required under Article 21 of the Order. If along with the course and syl..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....ed as mistake or error on the face of the record. The High Court Division considered that that the court had discretionary power to vary the terms of the contract and pass a decree as deemed just and proper in the facts and circumstances of the case, particularly, as in this case. The High Court Div......-It was incumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; ......however, by Order No. 52 dated 13-5-81 dismissed the review petition on the ground that "when the remedy is available in the form of appeal before the higher appropriate court, I do not find any legal scope to entertain this review application as maintainable." 4. As against this Orde..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....fendant No.1 contested the suit by filing a written statement controverting all the material allegations made in the plaint asserting, inter alia, that the sale deed in his favor was duty executed on proper consideration. The trial court dismissed the plaintiff's suit. On appeal, the lower appel...... Reported in: 34 DLR (HCD) (1982) 255 ......and the said having not been produced by the plaintiff or caused it to be produced by the person who had the original in his custody the plaintiff would not be entitled to any relief prima facie by illegally shifting the onus of proving due execution upon the defendant. Further, a plaintiff without ..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....Ahmed points out that, this Ext. 9/1 contains a seal of the Police Court, Kushtia dated 21-8-72; which means that the seizure list (Ext. 971) was not only duly prepared but also duly submitted to the proper authority, but the seizure list Ext. 9 which was allegedly prepared by P.W.13 on 16-8-72 was ...... Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali, Advocates— For the Appellant. Mashuque Hossain Ahmed, Advocate— ...... convicted under Article 2(b) (v) read with Part IV (b) of the Schedule to P.O. No.8 of 1972 for being associated with the Kushtia District Peace Committee as chairman with a view to furthering the illegal occupation of Bangladesh by the Pakistan Occupation Army and was sentenced to suffer rigo..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....before the High Court it was contended by the appellant that the contract is divisible one and it can and ought to be enforced against the defendants 1 and 3 in respect of their 2/3 rd share in the property. The High Court Division in a lengthy judgment unnecessarily raised certain questions w...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Archana Proshad Nandi.....................Appellant Vs. Miss Chilia Randolph and others....................e signatures of 4 witnesses. Since the defendants, have not fulfilled the terms of contract, namely, the execution of the kabala and its registration by 17th January 1961, the plaintiff served a legal notice on 8.1.1961. Defendant 1 was not willing to execute the kabala, the defendants, howeve..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....t Jurisdiction of the High Court Division under Article 102(5) what is needed here is not so much as the reinterpretation on the Article already made, but to put the construction so given in its proper context. 3. A reading of the Constitution shows, that Bangladesh Constitution envisages ......Vs. Bangladesh & Others………………………….Respondent And Mrs. Mamata Ahmed on Behalf of Capt. A. Z. Ghyasuddin Ahmed and Ors……..Appellants Vs. Bangladesh & Others……&hell......ilitary Law, and that he was wrongfully held in custody. The writ issued and on the return, it was submitted mat the arrest and subsequent detention of the applicant by the military authorities was illegal, because he was arrested in Belgium contrary to Belgian Law, and his arrest was not in complia..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....ral Meeting held on 23.8.79 gave no objection for requisition and acquisition of the area in question. The requisitioning authority admitted the petitioners allegation that acquisition of the private property of individuals for Co-operative Housing Societies has been prohibited by the Government in ......afa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and ......20.10.78. The scheme was forwarded by the Additional Deputy Commissioner (L.A) to the Government on 30.4.79. Hence the embargo placed by Memo dated 5.7.79 is not applicable to the present scheme. All legal formalities have been observed in the requisition proceedings and the lands have been acquired..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
..... The petitioners contested the said applications before the Labour Court and filed a written statement contending inter alia that the petitioners had been dismissed lawfully after holding a fair and proper enquiry into allegations against them and that there had been no violation of the principles ......t, Dacca & another…….Respondents (In Writ Petition Nos.6-8 of 1980).
Md. Abdullah.............................Petitioner
Vs.
Chairman, Second Labour Court, Dacca and other………Respondents (In Writ Petition No.285 of 1980).
Judgment
A......st the Respondents upon evidence adduced before him. On consideration of the evidence in respect of negligence, the Labour Court found that the impugned order of dismissal of the petitioners were not legal and just. The learned Labour Court inter alia just, the learned Labour Court inter alia held t..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
....ic of Germany and started residing there. During his stay in West Germany his father died. After the death of his father with a view to settling urgent question of inheritance and distribution of the properties of his deceased father and other private matters, Towab arrived at Tejgaon Airport. Dacca...... 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......t be refused entry into Bangladesh on such allegation.
Power of Attorney—
When petition has been filed against the Government by virtue of Power of Attorney authorising institution of legal proceeding against Government, the Power of Attorney is not invalid and does not attract the m..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....e cost of the company as well as respondent No. 1. It was, further alleged that profit and loss account of the company was neither audited nor submitted to the Board of Directors, that all assets and properties of the company were mortgaged to respondent No. 2, Bangladesh Shilpa Rin sangstha, succes......ormula of the principle of 'just or equitable' clause— Whether or not there are equitable considerations for the application of the Principle must necessarily depend upon the facts and circumstances of each case and the judicial discretion of the court. The allegation made by resp......y meeting of the company was held and the company failed to pay its huge debts resulting in complete deadlock. These findings of facts are based on proper appraisal of the evidence on record and no illegality or irregularity could be pointed out by the learned Counsel for the appellant calling for i..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)
....ith the clearly spelt out period of time i.e. between the 1st Aswin 1370 B.S. to 30th Kartick 1374 B.S. The apparent conflict gets easily resolved when the two expressions as to time are construed in proper perspective. Here in ascertaining the period of time the general expression is to be ignored ......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
....e that those beneficial sections incorporated in the Penal Code which appear to have almost gone into oblivion, should be invoked and applied in appropriate cases. We have no doubt in our mind that a proper and judicious application of those penal clauses would have some deterrent and beneficial imp......;
......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
..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....h reports or allegations, made against him in aspect of- (a) "corruption or corrupt practices, reputation of being corrupt, living beyond known and ostensible means of income, or for having property in his own name or in the name of his wife or dependants or other relations disproportionat......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......ise of power or in the discharge of his duty. In this view of the matter, the recommendation of the Screening Board for dismissal was declared to have been made without any lawful authority and of no legal effect. The High Court Division noticed: “It was no doubt found that he had issued ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....ase or reduce any such lax, rate, toll or fee, or the assessment thereof, to such extent as may be specified ; or (b) to suspend, abolish or exempt any person or class of persons or property or class of property from the levy of any such tax, rate, toll or fee, (2) If a dir......Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dacca Municipal Corporation………………….Appellant Vs Sonali Bank and Ors…………………………….Resp......which is not warranted by law. To sum up, the writ petition by Dacca Municipal Corporation is not maintainable and imposition of any rate beyond permissible limit would be unconstitutional and illegal. All rates and taxes combined together cannot exceed 17% where urban property tax is in f..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
....nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......n order passed by the Subordinate judge allowing an application under section 47 of the Code of Civil Procedure in an execution proceeding. 2. We have heard the learned Counsel for the appellant and perused the impugned order. No one has appeared for the respondent when the matter was called on......ed Advocate for the respondent on record. 3. It appears that an application under section 47 of the Code of Civil Procedure was filed by the respondent before the executing Court challenging the legality of a decree passed by the learned Company Judge of the then High Court under section 6..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
93339229923095529341934296519559934615109721922295499540965095469544149615269199