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Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......he present petitioner who was O.P. No. 1. 7. Mr. Mian Aftabuddin, the learned Advocate for the petitioner submits that both the Courts below committed an error of law apparent on the face of the record in not holding that this petitioner became a co-shararer by his purchase by Ext.A (I) whereby......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
...., 3rd Court. Chittagong, in other Suit No. 193 of 1981, appointing a receiver. 2. Respondent No. 1 as plaintiff instituted the aforesaid suit for a declaration of his 1/2nd share in the disputed goods mentioned in the schedule of the plaint. Plaintiff's case in short is that defendant ...... 1, C.P.C. We find no reason to interfere with the impugned order. The appeal is, therefore, dismissed and the connected Rule is discharged. There will be no order as to costs. Let the records be sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.&md......intment of Receiver is one of the harshest remedies allowable under the Civil Procedure Code and Court has to discharge this exceedingly delicate and responsible duty with utmost caution. Though service of notice on the other side before appointing a Receiver is not a legal requirement it would..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ......and while he was waiting said respondent No.1 called the court Sub-Inspector and in a whisper ordered him something and then the said Sub-Inspector went away and came back within 2-3 minutes with the record of the said Sherpur P.S. Case No. 14 dated.26.10.78 corresponding to G.R. Case No.338 (2)/78,......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
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 ......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 ......nce of any statutory rule and regulation relating to power of appointment and dismissal of the Zilla Board employees engaged in projects of works programme the dismissal of the petitioners from their services by the Chairman of Zilla Board cannot be said to have been made illegally and without lawfu..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. ......nt and deed of sale have been annexed to the petition and marked as Annexures D and D(1) respectively to the petition. The petitioner thereafter took necessary steps to mutate his name in the revenue records and paid rent to the Government. Pursuant to the execution of the deed of sale, the Head Mas......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 ......e--The Secretary's note to the authorities contained the only proposal that the petitioner be suspended--When two options are open the authority should consider both--There should be something on record to show that the authority duly applied its mind and exercised its descretion in favour of on......nces, privileges of Member of non-statutory Commissions. (24) Transfer and posting of Joint Secretaries in the Secretariat. (28) Making of Rules regulating the appointment and conditions of service or persons in the service of the republic. 6. Officer's visit abroad (a) Offic..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)
.... on the first inspection being made after the expiration of such term it is found that thirty per cent of the total area held under lease has been brought under cultivation by means of good husbandary and actually bears tea plants, the lessee shall be entitled to the renewal of t......ে। তৎপরিবর্ত্তে মাত্র ২০৯ একর জমিতে চা আবাদ করা হয়। The area under tea plantation, according to the official records, therefore, comes to little less than 30%. But in the affidavit-in-opposition which was supp......ticular breach complained of; and (b) if the breach is capable of remedy, requiring the lessee to remedy the breach; and the lessee fills, within a reasonable time from the date of the service of the notice, to remedy the breach, if it is capable of remedy. Nothing in this sectio..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)
....his lease, or if on the firs inspection being made after the expiration of such term it is found that thirty per cent of the total area held under lease has been brought under cultivation by means of good husbandry and actually bears tea plants the lessee shall be entitled to the renewal of the leas......ে। তৎপরিবর্তে মাত্র ২০৯ একর জমিতে চা আবাদ করা হইল”। The area under tea plantation, according to official records therefore comes to little less than 30%. But in the affidavit in opposition which was suppos......ying the particular breach complained of and (b) if the breach it capable of remedy requiring the lessee to remedy the breach; and the lessee falls, within a reasonable time from the date of the service of the notice, to remedy the breach, if it is capable of remedy. Nothing in this section, sh..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....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 ......o right, title and interest as a co-sharer in 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 tha......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)
....h a clear provision of law for varying or revoking their conditions of service. 27. From the Government Memorandum dated 18th March. 1978 (Annexure 'C' to the petition) it appears that a good number of Government servants actively participated in the war of liberation by formally report......erpretation of Articles 27, 29, 133 and 136 and paragraph 10 of the 4th Schedule of the Constitution. The prayer for a certificate for leave to appeal is allowed and the records of this case may be transmitted to the appellate Division of this Court alongwith the certif...... 1979. Rule 2 of the aforesaid Rules says that these Rules shall have effect notwithstanding anything contained in any other rules, orders or instructions relating to seniority or other conditions of service of government servants. Rule 3 has provided exhaustive definition of a freedom fighter emplo..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. ......he learned Munsif on limitation, allowed the appeal and dismissed the pre-emption case on the ground that the application was bad for defect of parties and that the learned Munsif failed to record any finding on the point as to whether the pre-emptor petitioners are persons entitled to pre......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)
....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. ......ngs of the learned Munsif on limitation, allowed the appeal and dismissed the pre-emption case on the ground that the application was bad for defect of parties and that the learned Munsif failed to record any finding on the point as to whether the pre-emptor petitioners are persons entitled 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)
.... 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, on the stre......that he got a non-agricultural tenancy in the holding by taking an oral settlement from Chunnu Bepari in Agrahayan, 1353 B. S. and he erected tin huts there and got, his name mutated in the Municipal records. It was contended that the suit was not maintainable in its present form and it was barred b...... 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 ......haser for valuable consideration without notice of the agreement. This is different from a personal contract which is dependant upon the personal skill of the promissor or which evolves some personal service by the said promissor. It is thus clear that although the aforesaid agreement to reconvey do..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
......llege was served with the impugned notification asking him to retire from service on the ground that he has completed 25 years of service. It is contended by the petitioner that he has an unblemished record of service and was performing his duties and functions as such Professor of Surgery. He furth......the authority considered the necessity of such retirement and the retirement is in public interest—
Government did not apply its mind as to why amongst 34 doctors who completed 25 years of service the petitioner should be singled out for compulsory retirement--Such retirement must be held..
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. ......iting on 29-1-79 to the Enquiry Officer denying the allegations of misappropriation of oil. The petitioner pleaded that the measurement as shown in the bill or invoice of the Oil Company as recorded on the basis of Flow Metre of Jamuna Oil Company and that in the consignment of 70,118 gall......neer, BADC by a letter dated 17-7-79 that the charges of misappropriation of oil against' him had been established during the enquiry and accordingly B.A.D.C. decided to dismiss him from the service. The petitioner also in the said letter was asked to submit his explanation if it is so desi..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
.... is to be guided by the principles laid down in chapter II of S.R. Act--Direction is such suit is regulated by law--The discretion is not wide enough to vary the terms of a contract without assigning good reasons for the variation. Specific performance-Variation of contract Variation made ......r provided the plaintiff deposit the entire quoted amount in the credit of the corporation after adjusting the earnest money paid earlier within 60 (sixty) days from this Order.” The court recorded: “The plaintiff is entitled to get the decree prayed for without any compensatio......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)
....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 ......rsion of the case is probable and on such findings the accused appellant should be acquitted. 5. Mr. Marfat Ali, the learned Advocate for the State argued that there is unimpeachable evidence on record that accused Emaj who had enmity with P.W.1 Abdur Rouf caught hold of P.W. 1 Abdur Rouf and s......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)
....nt was obtained by fraud and registered by impersonation committing a fraud upon the registering authority and hence the onus was on the plaintiff to prove the same. 5. There is a presumption of good faith in human transaction as there is a presumption of innocence in criminal matters. That bei......mely, the original document itself for enabling the court to examine the document in order to be satisfied prima facie as to its genuineness by comparing the signatures of the plaintiff, appearing in record of the case before the 1st court with those appearing in the Kabala and the said having not b......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)
..../-, 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. ......the accused appellant at Roxi Hotel on 1-5-71. There is no other evidence to corroborate the story of abduction of P.W.1 from Chorhash. The Special Tribunal held that there is no specific evidence on record to come to the conclusion that the accused appellant abducted the informant P.W.1 and at......pur police station alleging that one Abdul Jalil Mridha, a Razakar under his Peace Committee was indulging in mischievous activities of various kinds and requesting that he be dismissed from the service of Razakar. A Copy of this petition of complaint was also forwarded to the Chairman, Dist. P..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
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