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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 ......ired report to his Secretariat. (b) Cases of proceedings against Government Officials. (c) Ordinance routine cases not involving financial sanctions outside budget allocation. (b) Interviews regarding official cases. (c) Matters related to strikes. By order of the president,..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)
....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. ......fficulties in nationalising the Tea Estate as ordered by the Prime Minister and, therefore, the land of the Tea Estate in question which was Khash land of the government, may be resumed. In view of the legal difficulties in the way of nationalisation as defected by the Prime Minister, the ..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)
....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. ...... certain difficulties in nationalizing the Tea Estate as ordered by the Prime Minister and therefore, the land of the Tea Estate in question which was khash land of the Government, may be resumed. In view of the legal difficulties in the way of nationalization as directed by the Prime Minister the f..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....hi and thus a co-sharer of the property left by Gour Majhi, which was illegally shifted upon the defendant by the court of first instance. A finding of fact arrived at by wrongly shifting the onus is erroneous and cannot stand the scrutiny of law. Only on this ground the finding of fact of the court...... the property of Gour Majhi. 2. On these pleadings the parties fought out the suit. The court of first instance on a consideration of the evidence on record both oral and documentary came to the view that the defendant No. 1 had the onus to prove that the plaintiff was not the grand-son of Gour..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
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 ......any person being an employee of the Government of Pakistan or East Pakistan on 25th March, 1971 who abstained from duty in the occupation regime and did not receive any salary from that regime with a view to participate in the liberation struggle whether staying inside or outside Bangladesh, for a c..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....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. ......ite Party. Civil Revision No. 54 of 1978. Judgment Sultan Hossain Khan J. — This Rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-emption under section 96 of the Sta..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....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. ......necessary party must be taken at the earliest possible opportunity and such objection if not so taken may be deemed to have been waived." We have not been shown any other decision in which these views have been departed from. No specific objection having been taken at any stage of the proceedin..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... 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 ......of non-agricultural land or under-tenant and he having held such land without a lease in writing for more than 12 years before institution of the suit he was not liable to be ejected from the land in view of section 7(2) read with sections 71 and 89A of the Non-Agricult..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....that the finding of the court of appeal below to the effect that a contract to reconvey was a personal contract creating a personal right and hence not enforceable by the heirs of the transferor, was erroneous, being contrary to law in the facts and circumstances of the case and hence need be set as......intiff was given his share back, out of the suit land. On these pleadings the parties fought out the suit. The court of first instance of a consideration of the pleadings the parties came to the view that the Performa defendants No.2 to 8 having no clean hands, were trying to defeat the plainti..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
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)
.... 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. ......1. Result: The rule is discharged. Certiorari jurisdiction Court exercising certiorari jurisdiction under Article 102 of the constitution is not entitled to take a different view or reverse the finding of the enquiry committee on appreciation or review of the materials..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....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. ......nsultation with the Universities of 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 Orde..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....onform to the judgment when there is an ambiguous expression in the judgment or an apparent error on the face of the record the remedy is provided under Order 47, Rule 1. The High Court Division erroneously concluded that the variation with regard to the mode of payment has not in any way alter......ce-Variation of contract Variation made in the decree as to the mode of payment--Defendant not setting up a case for variation of the contract--Variation by the court fully unauthorised-- Review may lie to point out patent error requiring rectification--Decree laid down a mode of payment d..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ......d copy of the same as submitted was enough and the original was not necessary for the purpose of the suit to prove that it was a fraudulent document, executed and registered by impersonation. In that view of the matter both the courts below held that in the absence of the said original document and ..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
..../-, 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. ......ion for life. He was also 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 sen&..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....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. ...... dismissed the suit on the ground that the contract is unenforceable because the defendant 2 was a minor. It was not, proved that the defendant 1, the mother, was a legal guardian. Moreover, the view was taken that the contract is a single and indivisible contract. The suit was, therefore, d..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....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 ......rotection is given under Article 45, and the second in Article 102(5). Under the former, the law is protected, and under the latter the action under the law is protected. Keeping all these factors in view, all that can be said is the ground on which a decision of a Court Martial set up under the Arm..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....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 ......sing scheme. The Registrar of Co-operative Societies forwarded the said application to the said Ministry which accorded its administrative approval by a Memo dated 18.1.79 (Annexure 'X5'). In view of the administrative approval dated 18.1.79 subsequent embargo on the acquisition of land for ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....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. ......itioner was not considered for promotion. He has no right to promotion as the senior most man. According to the Rules promotions are given according to seniority-cum-merit or efficiency. In that view, the academic qualification of a candidate is a relevant factor in determining his me..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1