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Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
....of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......ade absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......einbefore. 5. It appears that the management while passing the final order of dismissal against the respondent No. 2 did not take into account the extenuating circumstance that the delinquent in question was the first offender during his service for over 10 years. That being so, the petitioner ..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
.... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ......operty, also a town property, at 61, R.K. Mission Road, Dacca (3 Schedule 'C' property, also a town property at plot No. 130, Dhanmondi Residental Area and (4) Schedules D and D (1) property, landed property at Mouza Santanapara, P.S. Rupganj, District Dacca. Plaintiffs claimed 2/5th sh......mp; others……………Respondents Judgment April 28, 1980 Result: The Petition is dismissed for non-prosecution. Partition suit Formal defect in preliminary decree does not nullify the work of Pleader Commissoner-Defect in preliminary de......Pleader Commissioner's report in so far allocating sahams to the parties is concerned has not gone beyond the order portion of the learned Subordinate Judge's judgment dated 28-2-73. The question is, will the formal defects in the preliminary decree, which are clerical in nature, nullif..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ......passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ...... ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ......) and (7) of M.L.R. 4 of Martial Law Regulation No. 1 of 1975. 5. Leave was granted in the background of lifting of Martial Law by the Proclamation of April 6, 1979 to examine the following questions which were considered to be of great public importance: - "(1) Whether the proce..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....y 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 thereafter the respondent No. ......hy;ceeded on one common ground of validity of some laws which will be mentioned hereinafter. 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......or disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......mended and a new section being section 95A has been inserted in the said Act. A number of Writ petitions were filed and the High Court Division disposed of these petitions by one judgment as the same question of law of public importance had been raised and on consideration of which a certificat..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......ection 96, sub-section (2) requires that all the co-sharer tenants of the holding are to be impleaded in the application falling under the first part of sub-section (1), Similarly, all the contiguous land owners are to be made parties in the application falling under the second part of sub-section (......d order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......he High Court of Bangladesh in Civil Revision Case No.1696 of 1968 in connection with the preemption case section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The short question for consideration in this appeal is whether the learned Single Judge of the High Court corr..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78 ......This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78 ......of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78 ......ice to all concerned Ministries, Divisions, Directorates, autonomous bodies, Corporations and other Government and semi-Government statutory organisations numbering in all 44, the notice in question asked the persons concerned to stop payment to the petitioners of any out-statanding bills ..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....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. ......which arose in the following circumstances: The Opposite parties No.1 and 2 filed the aforesaid Miscellaneous case under subsection (1) of section 96 of the Act for pre-empting. 97 acres of land appertaining to C.S. plot Nos. 430 and 431 corresponding to S.A. plot Nos.796 and 792 and C.S. ......and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfun Naher Vs. Syeda Hashmat Ara, 21 DLR 633 DLR 633; Abdul Haque Miah and others Vs. Abdul Rashid & others, 35 DLR 54 (AD); Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 37 DLR 330 (AD); 37 DLR 220 (......istrict judge. The appeal, however, on transfer was allowed by the learned subordinate Judge who sent the case back on remand for fresh trial by the learned Munsif with a direction to decide the question as to whether application under sub-section (1) of section 96 of State Acquisitio..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ......terms of section 18(1) and 18(5) of the Premises Rent Control Ordinance, 1963, unless there is a contract to the contrary or such payment is covered by waiver and acquiescence on the part of the landlord………………(5) Case Referred to- Ramjan Ali M......e the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ......urt and on revision by the tenant before the High Court Division. The matter was placed before a learned Single Judge of the High Court Division, who on finding some conflicting decisions on the question of default, referred it to the Division Bench, which on consideration of several other..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ......al is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interest in the land in question the preemption cas......l. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ......ble right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interest in the land in question the preemption case fails. On the death of the pre-emptor this right is not lost,..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ...... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ......l be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ......referred to as "the Ordinance") were filed by him, the grounds of challenge being that the proceedings drawn by the company were hit by sections 15 and 47 of the Ordinance. The company questioned the employee's competence to present the aforesaid applications before the Labour Cou..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....uments. The defendant was dismissed from the service of the plaintiff in July 1956. As he did not vacate the land, on demand the plaintiff instituted the suit for declaration of title and recovery of possession. The Government was the defendant no. 2 in the suit. 3. The plaintiff also filed T.S......zar on the allegations inter alia that in consideration of the services rendered by the defendant no. 1 as an employee of the plaintiff, the latter allowed the defendant to hold the agricultural suit land measuring 10 bighas 7 kathas and 9 chataks situated within the tea estate itself as a licensee ......ellip;………………..Respondent Judgment December 11, 1979. Result: All petitions are dismissed Cases Referred to- Abdullah Vs. Ahmed Din, reported in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb AIR 1965 (SC) 60; Goalunda Fis......d. He denied execution of any license document. He hold the homestead which-is the subject matter of T.S. No. 98/58 as nonkar tenant as he rendered services to the plaintiff. He built all the huts in question at his own cost. After the State Acquisition and Tenancy Act, 1950 he held the land as tena..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)
....et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ......et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ...... at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ...... Syed Badrul Amio—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 revers..Category: Family Law | Date: 30 Nov, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......ny substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......ed by the Government of Bangladesh determining the seniority of officers who were formerly members of different Pakistan services after their appointment in various cadres of posts in Bangladesh. The question of enunciating principles for determination of seniority and of preparation of seniori..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....ty with building and structures inter vivos can be made under the Muslim Law by oral gift. According to Mslim Law an oral gift is complete as soon as the declaration of gifts and the delivery of possession is given by the donor to the donee. When these essential conditions are complied with the...... & another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ...... ......t see him taking or giving any property without document. In this connection it is seen from the records that there is no evidence that the donor made any oral gift except the present one and as such question of witnessing or having made any other such gift before did not arise. His further depositi..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
.... Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the right. It could not be said that when a transferee is in possession of a property in part performance of the contract and that contract has been affirmed b......perty in part performance of the contract and that contract has been affirmed by a decree for specific performance of contract, the transferee after the decree does not acquire an interest in the land. He can lawfully maintain and protect his possession and interest in the property. The r......ss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......reed the suit in preliminary form. On appeal by the plaintiff the learned Judges of the High Court allowed the appeal and raised tae share of the plaintiff to 1/3rd. Leave was granted on the two questions on which the suit was mainly contested. 2. Mr. Pal the learned Counsel for the appell..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
.... Sk. Md Abdul Mannan on the strength of the Power of Attorney executed a sale deed in favour of the petitioner and four other sale deeds in favour of his four brothers on 17.1.75 and gave delivery of possession of the holding to the petitioner. Since then the petitioner and his brothers have been li......t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
......l be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
......rney Genera], appearing for the petitioner and respondents respectively, and gone through tie petition, the affidavit-in-opposition, the affidavit-in-reply and the annexures thereto.
5. The only question is whether the holding could be treated as an abandoned property within the meaning of Pres..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......rder as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......tution and that Article 4(1) of the President's Order No. 6 of 1972 being in conflict with Article 135 of the Constitution will not be applicable in the case of the petitioner. The main question, therefore, is whether the petitioner is a person in Article 152 of the Constitut..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ......e no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ......Manager. The impugned order has certainly reduced the petitioner in rank and as such it is violative of the Corporation's Service Regulation. 5. Mr. Hasib has, at the last resort, raised the question of maintainability of the Writ Petition taking the ground that there was alternative remedy..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......sal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ...... 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 Kemaluddln Hossain CJ.- Appellant is one of the defendants and the question in this appeal by leave, though a short one, is not devoid of some public importance as the..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
......rosecutor in this case after the disposal of this rule.
In the result, the counter enquiry intended to be held by the magistrate as per notices Annexures E and F being contrary to the law of the land, the rule is made absolute; the impugned notices are declared to have been made without any law......e. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
.......M. Hoque A.A.G.—For the Respondents.
Writ Petition No. 159 of 1978
Judgment
Shahabuddin Ahmed J.- This rule under Article 102 of the Constitution calls in question the legality of a notice dated 15.11.77 (Annexure-F) of the Chairman, Baintala Union Parish..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
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