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Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....mental Right to Protection of Law – Illegal dispossession by Government Officers— Government sold a property to the petitioner and thereafter dispossessed the petitioner from that peoperty--To enjoy protection of law and to be treated with law is the inalienable right guarante......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. ......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
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....in: 3 BLD (HCD) (1983) 7. ......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. ......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)
....eported in: 34 DLR (HCD) (1982) 161. ...... 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......er and all expenses Connected with inspections and measurements and all costs incurred in connection with the grant of renewed lease may be recovered under any law for the time being in force for the recovery of arrears of rent, revenue or other public demands. (b) The said demised lands or any......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)
....on (Second Appeal Jurisdiction) Present: Anwarul Hoque Chowdhury J Gopal Chandra Mondol……………………Appellant Vs. Lashmat Dasi................................Respondent Judgment January 7, 1982. Result: ......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 ......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)
....;........Respondents 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. Bang......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 ...... 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)
....absolute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Abdur Rahman Vs. Baser Ali and others, 21 DLR (Dacca) 599; Anwara Begum Vs. Maimuna Khatun Chowdhury and others, 1 BLD (HCD) 121; Md. Matiur Rahman Vs. Md. Iman Ali, Md. Iman Miah & ......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. ......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)
....etitioner Vs. Abdul Halim Molla & others………………………Opposite party Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280;; Anwara Begum Vs. Maimun...... 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. ......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)
.... judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ......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......tional sale like other mortgages will be governed by provisions of the Transfer of Property Act…….. (14) It is clear that the redemption of the mortgage when the plaintiff demanded recovery of possession of the mortgaged property, defendant No. 1, who was on the basis of transacti...... 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
....ain Khan J
Dr. Abu Ahmed Chowdhury…………………Petitioner
Vs.
Bangladesh represented by the Secretary of the Ministry of Health and Population Control and others......................................Respondents
Judgment
Decembe......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
......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)
....ul Wadud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judgment November 18, 1981. Result:...... 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. ...... 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)
.... Bar Council……………Respondent Judgment November 17, 1981. Result: The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitioner in person. MA Manna, Advocate— For the Respondent No.3. ......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. ......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 the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......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. ......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)
....s be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ...... 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 ......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)
....ays more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ......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. ....../-, 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)
....e 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. ......; 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. ......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)
....l 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 ......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 ......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)
....p; others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and Md. Rafiq Mia & others......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 ......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
....
......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
....... 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)
....llip;…………………………Respondents Judgment July 28, 1981. Result: The Rule is discharged. Considering the matter of promotion of employee to the next higher grade- The employer can assess the value of a......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. ......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
....(HCD) (1982) 34
......be otherwise dealt with but cannot be denied entry in Bangladesh-
The respondent has not brought on record any material on which it could be said that the passport which Towab was holding at the time of his arrival at Tejgaon Airport is not a valid passport. It is not alleged by the respondent ......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
......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
..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
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