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Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)

....he newly constructed Headmaster's quarters by the petitioner for shifting the boarders of the old hostel, was also admitted. It has been further stated in paragraph 5 of the affidavit that at the time of delivery of possession only 8 students were residing in the hostel out of whom 4 left the ho......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185.         ..

Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1

Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)

....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120   ......fficers of whom the president is the appointing authority", are required to be placed before the President for approval. Similarly, the cases of suspension of officers holding posts, the maximum scale of pay of which is not below Tk. 2600/- per month are also required to placed before the Presi..

Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

....r­ences held with the intending applicants that though it was included in the draft lease as circulated that 30% of the land leased would be planted within 5 years, there would be an extension of time by 3 years to reach 30% tea plantation and if necessary more, if the target was not reached wit......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7.   ..

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)

.... conference held with the intending applicants that though it was included in the draft lease as circulated that 30% of the land leased would be planted within 5 fears, there would be an extension of time by 3 years to reach 30% tea plantation and if necessary more, if the target was not reached wit......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

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

....smissed. Defendant Nos. 2, 3, and 5 contended that Gour Majhi died leaving only one son namely Jagadish (Defendant No.1) who died leaving one daughter in Lakhan Desi and that Jagadish during his life time made a gift of the suit land in favor of Lakhan Dasi by a registered deed of gift and Lakhan Da......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)

....lause (b) of subparagraph (2) of paragraph 10 of the 4th schedule of the Constitution empowers the legislature to make any law varying or revoking the conditions of service of persons employed at any time before the commencement of the Constitution meaning those who had served under Government of Pa...... 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 ..

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

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

....stion under section 90 of the Act. The relevant portion of section 90 of the State Acquisition and Tenancy Act runs as follows:- "Notwithstanding anything contained in any other law for the time being in force, no person shall, after the com­mencement of this Part, be entitled to purch......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)

.... in question under section 90 of the Act. The relevant portion of section 90 of the State Acquisition and Tenancy Act runs as follows: ''Notwithstanding anything contained in any other law for the time being in force, no person shall, after the commen­cement of this part, be entitled to pur­cha......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

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

....eal is dismissed. Whether by a Conditional Sale a 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 redempti...... 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)

....nuing in service but the petitioner has been picked and served with the notice with an evil eye and an unequal hand and this was nothing but a discriminatory act on the part of the Government. At the time of passing of the said notice of retirement his age was about 49 years. It is further contended......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)

.... which the oil companies recorded the quantity of oil in the challan or invoice the petitioner would have protested against the quantity recorded in the challan and raised objection against it in due time. The petitioner it appears accepted the quantity mentioned, in the invoice for the oil dispatch...... 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)

....nce of an advocate with not less than 10 years' standing practice. Because adding a further period after two years, would entail hardship on the young lawyers who aspire to come here. At the same time we have a feeling that the right to practice before this Division should not be an automatic on......­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)

....ract that the Bank guarantee will bear interest at the rate of 12% per annum and it should not exceed 90 days. Further stipulation was that failure to deposit the Bank guarantee within the stipulated time would mean forfeiture of earnest money as well as the cash down payment. Appellant accordingly ......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.       ..

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

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

.... Huq, accused Seraj and accused Emajuddin. On the way they met P.W.7 Abdul Jalil (uncle of deceased Matiar Rahman) who asked them as to what had happened. They narrated the occurrence to him. At that time accused Azizul Huq managed to escape from the custody of P.W. 3 Nazrul Islam. Seeing the accuse......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   ..

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

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

....e while arresting P.W.1. 9. P.W.5 Momin Sk. was also in the tea stall of P.W.2 on 1-5-71 at 5 P.M. at Jagoti. He deposed that the 2 Biharis named Faruque and Monsur came to the tea stall at that time being armed with rifles and ar­rested P.W.1 alleging that Chairman of the Peace Committee i....../-, 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)

....; sections 14 and 15 deal with cases where one party to a contract is unable to per­form a part of his contract owing to defi­ciency in  quantity, defect in title or delay in respect of the time of performance. But section 16 includes an element of illegality when a part of the same contr......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.   ..

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

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

....ial review of the action of such authority. Some reasons have been given in the aforesaid two cases. We can gather other reasons from the Constitution. We find that in the Constitution, for the first time, a new conception has been introduced that of 'disciplined force', in the services of B......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   ..

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

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

....nister the housing scheme on a non-profit making basis were there before the requisitioning authority. It is only before this court that these vital information have been furnished. Therefore, at the time the order of requisition was passed there were no material for coming to the conclusion that th......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   ..

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)

....rtificates of survey of the vessels in question wherein it is seen that the vessels were permitted to ply only at day and not at night in smooth waters. Admittedly, there was fog and high tide at the time when the vessels ran aground. The vessel was plying on its way to Barisal. It has been fou....... 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)

....for the same. She has strongly argued that one who had been appointed in the grade of Executive Engineer on the basis of the present qualifica­tion the re-examination of his qualifications at the time of promotion cannot be done and he has acquired a vested right to promotion to the next grade o......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