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....ort for duties immediately. The officer currently holding the aforesaid post should vacate and will work as an officer on Special Duty until further orders."
4. Respondent No.1 by his order dated May 24, 1979 terminated the service of the appellant with effect from the same day "under...... terminated with effect from 24-5-1979 (forenoon) under clause 7(h) (v) of your contract / letter of appointment.
You may collect your final settlement dues including 90 days' pay in lieu of notice from the Accounts Department, which will pay the same on receipt of clearance certificat......smission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the Administrative Manager of the Enterprise which is contained in the letter from the Minister for Labour is as follows:
"In recognition to his all dedicated and efficient particip..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....ed as T. S. No. 56 of 1972 of the Fourth Court of Subordinate Judge, Dacca, and obtained a preliminary decree on contest on 28.2.73. A Pleader Commissioner was appointed by the Court's order dated 18.9.73 to effect partition of the suit properties. By Order No. 77 dated 10.6.75 the learned ......n under the circumstances is unaffected by the formal defects in the Preliminary decree which can be corrected ex debito justitiae….. (14 & 16) Drawing up of final decree without notice to the parties whether Permissible There is no specific provision of serving notice upon......p;…….Appellant Vs. Md. Sabiq Khan & others……………Respondents Judgment April 28, 1980 Result: The Petition is dismissed for non-prosecution. Partition suit Formal defect in preliminary decree does not null..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....Ruhul Islam J. Fazle Munim J. - I also concur with the judgment of my learned brother Ruhul Islam J. Ruhul Islam J. - This appeal by special leave is directed against the judgment and order dated June 13, 1979 passed by the High Court Division in Writ Petition No- 50 of 1979. The appellant......e reviewing authority was not attacked excepting on the ground that it was not properly done as contemplated under Regulation 4(2) and (4) of Martial Law Regulation No. 1 of 1975. It has already been noticed that this grievance cannot stand in view of the elaborate decision given by the reviewi......o death by the judgment and order dated August 5, 1978 which has been duly confirmed. Against the order of conviction and sentence the appellant moved the High Court Division in its writ jurisdiction for an order declaring the proceedings taken in passing the judgment and order dated 5.8.78 in M.L. ..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
.... 3. Facts of the case in Writ Petition No. 85 of 1974 are that the respondent No. 1 purchased the land from respondent No. 3 with an agreement to recovery of said land. The agreement is date 26-4-63 which stipulated that the land will be reconveyed if the money is repaid within 19 year......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 ......e reconveyed if the money is repaid within 19 years. The respondent No.3 made an application under section 95(4) and (5) of the East Bengal State Acquisition & Tenancy Act to the respondent No. 2 for restoration of possession of the said land. This petition was allowed on 30-3-73 and therea..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
...., Advocate-on-Record- For the Respondent No. 1. Civil Appeal No. 117 of 1979 from C.R. No. 1696 of 1963 Judgment Ruhul Islam J. - This appeal by special leave arises from the judgment dated February 14, 1977 of the High Court of Bangladesh in Civil Revision Case No.1696 of 1968 in co......for the remaining co-sharer tenants or the tenants holding land contiguous to the land transferred, to join in the pre-emption proceedings. This period of two months begins to run from the service of notice of the application for pre-emption. Section 96 clearly point out that a duty has be......ub-section (1), Similarly, all the contiguous land owners are to be made parties in the application falling under the second part of sub-section (1). Sub-section (4) provides the period of limitation for the remaining co-sharer tenants or the tenants holding land contiguous to the land transferred, ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....t Petition No. 992 of 1978 Judgment S.M. Hussain J.-This Rule arising out of an application under Article 102 of the Constitution is directed against a notice No. 215/2261 DGDP/ASC/P-8 dated 22nd September, 1978 made on behalf of the Director General of Defence Purchase in the Ministr......eral-For the Respondent. Writ Petition No. 992 of 1978 Judgment S.M. Hussain J.-This Rule arising out of an application under Article 102 of the Constitution is directed against a notice No. 215/2261 DGDP/ASC/P-8 dated 22nd September, 1978 made on behalf of the Director General o......ot fulfill their contractual obligation. As a result, the Directorate General of Defence Purchase cancelled the contract with the petitioners' firm. This was followed by the issuance of the aforesaid impugned notice by the Directorate General of Defence Purchase to all to 44 author..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
.... Revision Case No.1027 of 1980. Judgment AM Mahmudur Rahman J. - This Rule arises out of an application under section 115(1) of the Code of Civil Procedure and is directed against the Order dated 28.5.80 passed by the learned Subordinate Judge, 1st Court, Barisal in Miscellaneous Appeal No......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. ......f, 1st Court, Pirojpur in Miscellaneous Case No.7 of 1973 dated 30.11.76. 2. In this application the petitioner has challenged the order of the learned Subordinate Judge allowing the application for pre-emption filed under sub-section (1) of section 96 of the State Acquisition and Tenancy Act, ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
....n the aforesaid fifteenth day of the following month by money order. If the rent remitted by money order is refused, the tenant can deposit the rent with the Rent Controller within fortnight from the date of the receipt of the undelivered rent sent through the postal authority, and when these condit...... on 12th Falgoon 1375 B.S. for the months of Agrahayan, Pous and Magh, 1375 B.S. and the defendant is in arrear of rent since Falgoon, 1375 B.S. and as the defendant was irregular in payment of rent, notice under section 106 of the Transfer of Property Act was served and accepted by him, and in the ......pondents. Civil Appeal No. 167 of 1978 from Civil Revision No. 91 of 1972. Judgment K. Hossain CJ. - This appeal by special leave at the instance of the tenant arise out of a suit for ejectment. Facts are that the defendant-appellant was a monthly tenant of the suit premises at t..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....ite parties. Civil Revision No. 1488 of 1979 Judgment delivered A.M. Khan Chowdhary J.- This rule was issued calling upon the opposite parties to show cause why the judgment and order dated 11.12.79 passed by District Judge, Dacca in Misc. Appeal No. 414 of 1979 staying the order of ......The order of temporary injunction which may be made under the provisions of Order 39 is contained in Rule 1 or 2 of the said Order. Rule 3 of the said Order provides: That the Court shall direct notice of the application made under Rule 1 or 2 of the said Order before granting injunction except......rder of temporary injunction passed by the Munsif, 3rd Court, Dacca should not be set aside. 2. The rule arises out of an application under Order 39 rule 1 of the Code of Civil Procedure praying for temporary injunction upon the defendants and restraining them from releasing the film namel..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....e appeal, in short, are that the respondents 1-9 filed a pre-emption case under Section 96 of the State Acquisition and Tenancy Act, 1950 for pre-emption of the land transferred under the kabala dated March 14, 1972 for a consideration of Rs. 5,000/- which was registered on April 9, 1972, ......e Sub-Registrar's office and on taking a certified copy of the Kabala on March 8, 1973 they came to know for the first time about the transfer of the case land. Their further case is that no notice of sale was served upon them and that in order to avoid pre-emption the kabala was registered......iver of the right When a co-sharer is non-notified and the pre-emptee could not establish by leading evidence that he had (non notified co sharer) knowledge about the transfer, there is no scope for raising the question of waiver of the right……(8) Lawyers Involved: Abdus..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....ployer fails to give a decision under clause (a) or if the worker is dissatisfied with such decision, he may make a complaint to the Labour Court having jurisdiction, within thirty days from the last date under clause (a) or within thirty, days from the date of the decision, as the case may be unles...... or any employer or workman may apply to the Labour Court for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement." 14. It will be noticed that the word 'worker' occurs in this section. A challenge was thrown on behalf of t...... raised in these appeals are common, they were heard analogously and this judgment will govern all the four appeals. 4. The employee who was a senior assistant in the company's establishment for 20 years claimed that he, being the General Secretary of the Workers' Union, was involved in..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)
....—For opposite party No. Civil Revision No. 614 of 1979 Judgment Shahabuddin Ahmed J.- This rule under section 115 of the Civil Procedure Code calls in question an order dated 30-4-79 of the District Judge Tangail, in Misc. Appeal No. 34 of 1978 reversing an order of te......e area due to which petitioner's area is reduced to any two Unions is contrary to rule 10 which requires at least 5 Unions to constitute an area. It appears that this provision of law escaped the notice of the learned District Judge who has observed that the question of demarcation of areas, bet......-79 of the District Judge Tangail, in Misc. Appeal No. 34 of 1978 reversing an order of temporary injunction passed by the Munsif 3rd Court Tangail in O. C. Suit No. 225 of 1977. 2. Petitioner before me is the plaintiff who filed the suit for a declaration that he is the lawfully appointed Nika..Category: Family Law | Date: 30 Nov, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....ions should not be directed to withdraw and/or cancel the impugned notifications. 3. Annexure 'C' to Writ Petition No.527/79 is Establishment Division Notification No. ED (SA-1)-2/79-208 dated the 20th April, 1979 promoting respondent Nos.3 and 4 as Joint Secretary from Deputy Secretary...... by letters dated 26-4-79, copies of which have been placed as Annexures 'F' to the petitions. The said respondent did not show any consideration to the same and then the petitioners had notices for demand for justice served on the respondent No.2 on 21-5-79 through their learned Advoca......6. In Writ Petition No.527 of 1979 petitioner Mohammad Faizullah, Deputy Secretary, Government of Bangladesh, Ministry of Local Government, Rural Development and Co-operatives, was selected for permanent appointment in 1965 by the erstwhile Government^ of Pakistan as a member of the former..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....iul Huq, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Respondent No.2 (In both the appeals).
Civil Appeal Nos.8 & 9 of 1979.
(Arising out of judgment and Order dated 8-11.76 passed by the High Court Division in Writ Petition Nos. 654 and 655 of 1976.)
Jud...... Act, an employer, in cases of "go slow" "or illegal strike, may discharge or dismiss one or more workers inflict such other punishment on him or them, individually or collectively, by notice posted on the notice board after obtaining permission from the Labour Court."
......
Judgment
Badrul Haider Chowdhury J.- These two appeals by special leave are directed against an order of the High Court Division in Writ Petition Nos. 654 and 655 of 1976.
The points for consideration are whether the courts below erred in law in not considering the second stipu..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....ur of the plaintiffs and accordingly he filed an application on 2.12.68 before the Income Tax authority for Income Tax Clearance Certificate to which the Income Tax Authority replied by a letter dated 21.12.68 asking the donor to deposit a sum of Rs. 7,500/ as gift tax. Unfortunately, the ...... for Succession Certificate being Succession Certificate Case No. 207 of 1969 in the Court of the Third Subordinate Judge, Dacca claiming 6 anna share and monthly rent of the suit property and a notice of the same has been served upon the plaintiffs. The plaintiffs having acquired 16 anna right......ants. Fakir Abdul Mannan with Bazlur Rahman, Advocates-For the Respondents. F.A. 47 of 1975 Judgment Abdul Wadud Chowdhury J. - This appeal by the plaintiffs arises out of a suit for declaration that the plaintiffs are the owners of the property on the basis of a gift and is dir..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....-on-Record—For the Appellants. S.S. Haider, Advocate, instructed by Aminul Huq, Advocate-on Record—For the ResponÂdent, Civil Appeal No. 32 of 1979. (From the Judgment and Decree dated 15-12-76 passed by the High Court in F.A. No. 195 of 1974) Judgment K. Hossain CJ.â......ave decided the quesÂtion on the facts before us. In the result, we dismiss the appeal withÂout any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ...... Vs. Abdul Malek Khan..........................Respondent Judgment August 23, 1979. Result: The appeal is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....r.
Syed J.R Mudassir Hoisain, A.A.G—For Respondents.
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......ose whereabouts are not known or who has ceased to occupy, supervise or manage in person his property.
The power to treat a property as an abandoned property is limited-
The mere service of notice on will not make any property as an abandoned property within the meaning of President's ...... of 1972
By the very definition of the "abandoned property" and the authority concerned cannot treat each and every property as an abandoned property and this power cannot be exercised for all time arbitrarily. It was an emergency legislation for the control, management and disposal o..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....14 of 1978.
Judgment
Shahabudin Ahmed J.- The petitioner, former Deputy Attorney General (Criminal), has challenged in this petition under Article 102 of the Constitution an order dated 10th June, 1978 of the respondent, Government, of Bangladesh, represented by the Secretary. Mi......ry 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 upon him giving him an opportunity to explain his position the impugned order is i......er.
R. A. Bakr, Attorney-General, Sytd J. R. Mudassir Husain, A. A.-G.—For the Respondents.
Writ Petition No. 614 of 1978.
Judgment
Shahabudin Ahmed J.- The petitioner, former Deputy Attorney General (Criminal), has challenged in this petition under Article 102&nb..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....aruque Ahmed—For the Petitioner. A. Hasib—For the Respondents 2-5. Writ Petition No. 673 of 1978. Judgment Shahabnddin Ahmed J.- This rule is directed against an order dated 27.7.78 of respondent No. 5, Joint Secretary, Bangladesh Agricultural Development Corporation,...... the. Corporation's decision demoting him from his post of Assistant Manager in junior executive grade to the post of Office Superintendent in the superintending service grade 1 without any prior notice. 2. Case of the petitioner is that he joined the then East Pakistan Agricultural Develop......s been inflicted without giving him any opportunity to defend himself the impugned order being violative of the said Service Regulations is wholly illegal and without jurisdiction. He has prayed therefore for a declaration from this Court to this effect. 3. The Rule has been resisted by the Cor..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....ord - For the Appellant. B.C. Panday, Advocate on-Record - For the Respondent No.1. M. H. Khondker, Senior Advocate - Amicus Curiae. Civil Appeal No. 51 of 1979. (From the Orders dated 6.6.78 and 12.4.78 passed by the High Court Division in S.A. No.185 of 1972). Judgment ...... and a second appeal was filed by some defendants and during the pendency of the second appeal, an application was filed on 24.2.73 by the appellant and others for dispensing with the service of notices upon all those respondents who did not appear or contest the suit in the Courts below. The p......port of proviso to Rule 11 of Order 22 of the Code of Civil Procedure is involved. Detailed facts in controversy between the parties need not be set out excepting that the appeal arises out of a suit for partition instituted by the plaintiff respondent. It was decreed in preliminary form by the tria..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
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