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..... 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
......
4. Mr. A.R. Yusuf has submitted that the Labour Court having acted as court of Appeal by substituting the findings of the domestic Tribunal with his own finding, has acted illegally and without jurisdiction and that the Labour Court had no authority to reveres the finding of the domestic enqui..
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. ......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
....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
......adesh who has not denied that on 1.7.80 Towab was not allowed to re-enter Bangladesh by some of its officers. In the facts of the instant case the writ asked for and issued would not be futile in the absence of the officers of the Government of Bangladesh who refused Towab's re-entry into Bangla......D 1958 SC 437 It was observed as follows:
“In a petition for a writ the first question that court has to consider is whether the petitioner has the locus standi to invoke the extraordinary jurisdiction of the court and I consider it to be a basic principle that a person seeking judicial r..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
.... In the course of this litigation, Rahimuddin Ahmed for the first time learnt that Zahiruddin Ahmed by fraud and collusion, introduced a printed Memorandum and Articles of Association of the Company, totally different from the Company's original Memorandum and Articles of Association and replace......26-10-73 to appoint one more Director, with a view to completely oust respondent No. 1 Rahimuddin Ahmed from the management of the Company. Rahimuddin Ahmed did not attend the meeting and 'in his absence, his mother Zohura Khatun, was shown to have been elected as an Additional Director and thro......rity in favour of the use of the just and equitable provision in a wide variety of situations, including those of expulsion from office. The principle has found acceptance in a number of commonwealth jurisdiction." 28. Mr. K.A. Bakr referred to the case of Hind Overseas Private Ltd., repor..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....ank guarantee from defendant No.1 Bank for satisfactory performance of the contract. Under the guarantee, the defendant No.1 Bank undertook to pay un-conditionally on demand a sum equal to 10% of the total value of the goods amounting to Rupees 1,53,125/- without any further question and without ref...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......ferred the case to the Company Judge, that is, the High Court Division on its Original Side, under the provision of section 62 of the Banking Companies Ordinance, 1962 which gives exclusive jurisdiction to the Company Judge in all matters related to or arising, out of an winding-up proceed..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
....er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
......er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
......er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......ndation of the first Screening Board was made without giving the petitioner an opportunity of cross-examining the witnessed cited by the University and the recording of their evidence was made in the absence of the petitioner and it was further stated "the petitioner should have been given an o......nding it is difficult to say anything to the contrary. This court has no opportunity of coming to any conclusion on such factual aspects which had been thrashed out by the High Court Division in writ jurisdiction basing its finding on the affidavits and the counter affidavits. There is no reason for..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......ate Judge shows that he took exception to this prayer for adjournment in view of the fact that the previous adjournments were granted by the Court on the prayer of the defendant and he has found that absence of the Advocate for the petitioner cannot be a sufficient cause for restoring the case. The ...... that the Courts below have found as fact that there was no sufficient ground for the absence of the defendant on that date and in view of the findings arrived at by the Court below this Court has no jurisdiction to entertain this application under section 115 C.P.C. In support of his cont..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
.... taxes could not exceed 17%. If the Urban Tax which is now 5% is deducted the Municipality is left with 12%. That 12% is split up at 7 % for holding rate; 3% lighting rate and 2% for conservancy total 12%. The intendment of the enactments remained constancy the same namely; the two taxes togeth......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......relevant for the purpose to see whether any direction given by the Government could be disobeyed by the Municipality and whether the Municipality could ask for writ under the Constitutional jurisdiction disobeying such direction and requiring the Court for declaration that the directi..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
....nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ...... execution case. Hence the present appeal at the instance of the decree-holder-petitioner. 4. It is now well settled that the executing Court can not go behind the decree except on the ground of jurisdiction, whether pecuniary or territorial and within this very strict limits the executing Cour..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ......er was issued by Mistake- No selection by the Selection Board The respondent was never selected by the Selection Board, but somehow by mistake the appointment letter was issued. In the absence of selection by the Board the appointment was invalid. Between the interview and the date wh......without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....lant to do so and that the assessment proceeding for the years 1957-58 to 1962-63 were re-opened under Rule 10(1) of the Urban Immovable Property Tax Rules 1957, as the valuation of the Storage Tanks totally escaped assessment and assessment for the years from 1963-64 to 1969-70 were reopened on 18t......Main contentions of the respondent in the aforesaid Writ Petition are:- (a) the valuation of the holding has been wrongly revised under Rule 10(a) and fresh assessment made: (b) that in the absence of any specific provision making Rule 10 retrospective, the Assessing Officer acted without ......statute itself, either expressly or by necessary implication….. (15) Constitution of Bangladesh (1972), Art, 102(2) Alternative remedy / Writ When the impugned action is without jurisdiction, the question of availing statutory alternative remedy does not arise……&h..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
....ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ......ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ......he present Rule. 6. Mr. M. Nurullah, learned Advocate for the petitioner, submits that the learned Additional District Judge acted illegally and with material irregularity in the exercise of his jurisdiction in holding that the appeal is not maintainable and that it is peremature. Mr. Nurullah ..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....the Industrial Relations Ordinance, 1969 is not available. Such employees therefore cannot seek any of the privileges conferred to the workers under specific Law, namely, standing Orders Act. The sum total of the discussion is that the employee respondent cannot be termed as a worker under the Stand......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....authority in the matter of retiring a government servant. It does not protect the government servant from becoming a victim of arbitrary and capricious action. The statutory provision exhibits a total disregard of the constitutional guarantee, provided under. Article 135 of the Constitutio......irement. 8. Besides stating these facts, the appellant also mentioned that no principle or guideline was provided in Section 9(2) of the Act for the exercise of discretion by the Government. The absence of any principle or guideline left scope for discrimination between government servants...... because there can be little dispute, about the proposition that where a statutory functionary acts mala fide or in a partial, unjust and oppressive manner, the High Court in the exercise of its writ jurisdiction has ample, power to grant relief to the aggrieved party, and it seems to me to be equal..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....stance, will be inconsistent with s.38 which provides that a decree may be executed either by the Court which passed it or by the Court to which it is sent for execution; the other point is that total avoidance of any reference to execution in s.144 which repeals s.583 of the preceeding Code of......he date of the decree of the first appellate Court whether any appeal therefrom is filed or not and that once the limitation begins to run it cannot be suspended by the filing of an appeal and in the absence of any order of stay. In support of this contention he has cited a number of decisions, part......t depends upon the discretion of the Court and will be ordered only when the justice of the case calls for it. The jurisdiction as to restitution bears only a superficial resemblance to the jurisdiction as to execution. The jurisdiction to order restitution is inherent in the Court an..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
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