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Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......nd their pay were not paid out of the State Treasury— Under the statutory rules the Chairman of the Local Parishad was the appointing authority and an employee of the council —In the absence of any statutory rule and regulation relating to power of appointment and dismissal of the Z...... Hosein, the learned Advocate has next submitted that the enquiry against the petitioners by the Additional Deputy Commissioner, Revenue, Barisal, must be held to have been made illegally and without jurisdiction inasmuch as the enquiry has been held in violation of rule 8(1) of the Local Council Se..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....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. ......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 ......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 ......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 ..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)
....rder dated 23-1-75 to the Deputy Commissioner, Sylhet to resume the land in question forthwith on the ground that the proprietor of the Tea Estate failed to bring under tea plantation 30% of the total area before expiry of the five years preliminary lease period had stated in his note before th...... been trying to create a situation to grab this property taking advantage of the existing enmity between the petitioner No.2 and some leaders in the Government and the petitioner No.2's absence from the country. 18. Since then the petitioners have been making representation after ......ent could re-enter and take possession without the intervention of the court. Viewed from any stand point, it must be held that the impugned action of the government was illegal and without jurisdiction. It necessarily follows that the petitioners' inalienable right to enjoy the pro&sh..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)
....the order dated 23.1.75 to the Deputy Commissioner, Sylhet to resume the land in question forthwith on the ground that the Proprietor of the Tea Estate failed to bring under tea plantation 30% of the total area before expiry of the five years' preliminary lease period had stated in his note befo......zari, had been trying to create a situation to grab this property taking advantage of the existing enmity between she petitioner No. 2 and some leaders in the Government and the petitioner No 2's absence from the country. 16. Since then the petitioners, have been making representation after......the Government could re-enter and take possession without the Intervention of the court. Viewed from any standpoint, it must be held that the impugned action of the Government was illegal and without jurisdiction, it necessary follow that the petitioners' inalienable right to enjoy the protectio..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....t to prove relationship. It was lastly argued by the learned lawyer that the court of appeal below erred in law in coming to a finding of fact as to relationship of the plaintiff with Gour Majhi on a total non-consideration of the oral evidence on record which were quite sufficient for such a findin......to have proved that he was the son of Gour Majhi and that being the position the plaintiff would be a co-sharer of the suit land and therefore would be entitled to partition, holding further that the absence of the name of the plaintiff in the rent receipts, S. A. Khatian and land acquisition case r......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)
....nion of India AIR 1967 SC 1427; State of Mysore Vs. Krishna Mutiny, AIR 1973 SC 1146. I do not propose to review those cases. Those are decisions on their own facts. The facts of the present case are totally different. 38. The impugned Rules are directed to certain problems, made manifest by ex......e 3 thereof, there is no specific provision for any self executing machinery to select personnel from amongst government servants on the basis of the aforesaid definition of a Freedom Fighter. In the absence of any machinery being set up under the Rules, there is no statutory authority upon whom the...... Judges and District Magistrate in the territory of Bangladesh and all diplomatic representatives elsewhere shall arrange to administer the oath of allegiance to all Government officials within their jurisdiction." 24. Within a few weeks of the victory of the national liberation struggle t..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....no person shall, after the commencement of this Part, be entitled to purchase or otherwise acquire, except in accordance with the provisions of this part, any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and......nce contrary views with regard to the question whether an application for pre-emption under section 96 of the State Acquisition and Tenancy Act 1950 (hereinafter referred to as the Act) would fail in absence of a finding by the trial Court as to the eligibility of a pre-emptor U/S 90 of the Act to p......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)
....no person shall, after the commencement of this part, be entitled to purchase or otherwise, acquire, except in accordance with the provisions of this part, any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seve......contrary views with regard to the question whether an application for pre-emption under section 96 of the State Acquisition and Tenancy Act 1950 (hereinafter referred to as the Act) would fail in absence of a finding by the trial Court as to the eligibility of a pre-emptor u/s 90 of the Act to p......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)
.... 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 ......iction of a tenant in occupation. If the tenant on the land had obtained possession from a person who was himself in possession of the land at the time when the tenant was so settled and there was no absence of good faith in the settlement, the claim for khas possession could very well be resisted, ...... 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
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
....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
......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)
.... 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. ...... Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judgment November 18, 1981. Result: The rule is discharged. Certiorari jurisdiction Court exercising certiorari jurisdiction under Article 102 of the constituti..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. ......a as under rule 65-A, he merely becomes eligible for claiming exemption but the Bar Council may not be satisfied about the desirability of granting exemption in a particular case or cases in the absence of adequate legal training, or experience which of necessity, should be of prime concern to ......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
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....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 ......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
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 ......Transaction as a Presumption of Innocence in Criminal Matters— The burden of proving every species of bad faith such as fraud, collusion, misrepresentation, impersonation, undue influence, absence of consideration rests on the person who asserts the same and only after that burden was dis......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 ..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....W.9 has not established that any Razakar arrested his son. There is no corroborative evidence of this allegation. His statement that he approached the accused for release of his son also remains totally uncorroborated by any other witness, The evidence of P.W.9 is thoroughly unreliable and cann......his Court to hold that there is a reasonable possibility that his explanation for participation in the purported bye-election might be true. If we so hold, he submits, then there will be a total absence of mens rea, even though his participation in the bye-election was voluntary. But the very f....../-, 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)
....y of earnest money from Mr. Archana Parasad Nandy s/o Birendra Lal Nandy of village Kanchans P.S. Satkania, Chittagong, at present residing at 21, Alkaran Lane, P.S. Kotwali, Chittagong out of the total consideration of Rs. 6,000/- (Rupees six thousand) only for which we agree to sell our proper......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)
.... expression 'person' in sub-clause (5) refers to the authorities mentioned in Article 102(2)(a)(i)(ii). In other words his contention was that the bar if at all, is impartial one and not total. 36. Mr. Ishtiaq Ahmed appearing for the petitioner in Criminal petition No. 25 of 1981 c......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 of Bangladesh (1972); Art. 102 (2) (b); Art. 45 & 102 Scope of Enquiry and Interference in Habeas Corpus— Writ - Habeas Corpus--Court Martial- High Court Division has no jurisdiction to interfere with the decision and order of Court Martial except on limited grounds of ..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 ......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 ......ent and housing Our attention was drawn to the preamble and to sections 38, 39 and 40 of the said Act. We are unable to read into the provisions of the said act any exclusive jurisdiction of the Dacca Improvement Trust into the area of activities mentioned therein. A more po..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
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