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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. ......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)
....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 ...... few hours after the sentence has been awarded. These considerations can not be ignored in determining whether the Common Law rights of an appeal to His majesty-in-Council ever applied to convictions recorded by Courts Martial. 19. In English jurisdiction, we find cases which need to be mention......id two cases. We can gather other reasons from the Constitution. We find that in the Constitution, for the first time, a new conception has been introduced that of 'disciplined force', in the services of Bangladesh, and in the interpretation clause, it has been rather described than defined,..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....hen, land is acquired for a cooperative housing society it is, therefore, legitimate, nay, necessary to consider the kind of area that is being acquired, the purpose of the housing scheme, the public good that will come put of it, the conditions under which the society has been allotted the land etc.......26 acres of land Notices under sections 3 and 5(3) of the Act in respect of those plots were served upon other persons as per information gathered from the locality and available records. 14. The case of the respondent Society is that it adopted a housing scheme for which a......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 ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....conduct or not depends upon the nature of neglect of work or the seriousness of the act. If an employee commits a particular act which might have resulted in an accident or in damage or injure to the goods and property of the employer then it cannot be said that this single act of neglect would not ...... Flat were plying through risk and danger, created by high tide and fog. In this connection, the learned Labour Court held as follows:
“From all these facts, circumstances, and evidence on record, it is my opinion that the accident happened at about 10 P.M. when there was high tide, fog a......ed an application before the Labour Court under Section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 upon the allegations that they had been wrongly dismissed from their services. Their allegations are that the petitioners issued charge-sheets against them alleging negl..
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. ......was the most senior man in the Engineering Pool and as such he was entitled to be promoted to the next higher grade but several promotions have been made superseding him in violation of the service rules and the constitutional guarantees as provided by Fundamental Rights of the consti..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
....arance. The custom's authority also checked his personal effects and allowed him to go. At this stage, one Muzaffar Islam, S. P., Special Branch, and officers of the respondent with the help of a good number of metropolitan police and armed police forcibly took Towab to the VIP room and detained......passport Joes not render the passport invalid--For such suppression the holder of passport may be otherwise dealt with but cannot be denied entry in Bangladesh-
The respondent has not brought on record any material on which it could be said that the passport which Towab was holding at the time ......9;s husband of Towab, a citizen of Bangladesh by birth. Towab was the Chief of the Air Staff and the Deputy Chief Martial Law Administrator of Bangladesh till 13-4-76 when he resigned from the active service and left Bangladesh on the same day i.e. 13-4-76 and went to Federal Republic of Germany and..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......i, learned Advocate for the appellant has urged the ground which is quoted below; "The learned Single Judge of the High Court Division had committed error of lay apparent on the face of the record inasmuch as his finding that the facts alleged by the prosecution do not constitute the offen......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Bengal Water Ways Ltd & Another
....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......k in the affairs of the company resulting in non-holding of statutory meetings and failure to re-pay its admitted debts. The High Court Division after considering the oral and documentary evidence on record by an elaborate judgment found that by various fraudulent acts of appellant No. 2, the Compan......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... The Appeal is dismissed. Bank is unconditionally bound to make pay the amount on demand Bank guaranteeing satifactory performance of contract by seller. Seller defaulted in delivering goods within stipulated time. Purchaser called upon the bank to credit the guaranteed amount to its ......not supply the balance quantity of seeds under the contract due to circumstances beyond his control. Mr. Asrarul Hossain did not and could not point out any material from the documentary evidences on record also that such a circumstance obtained. In the circumstances, we are unable to find fault wit...... 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 ......oceeding to itself. Sub-section (4) provides that if no such order for transfer is made by the High Court proceeding shall be disposed of by the civil court where it was pending. In this case, as the records show, no report was submitted by the Official liquidator and consequently no order of transf......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 ..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
......eries Development Corporation and the People's Republic of Bangladesh through the Collector of Customs to be added as respondent Nos. 6 and 7 respectively in the appeal since they were already on record as defendant Nos. 6 and 7 in the suit before the court below. The plaintiff-respondent also f......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
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 ......Screening Board and denied the allegations made in the charge-sheet and made an oral statement. The Screening Board on consideration of the evidence of witnesses examined by it and other materials on record held him guilty of 3 (three) out of 5(five) charges and recommended his dismissal from his se......are to be performed in private capacity. The title of P.O. 67 of 1972 is "the Government of Bangladesh (Services Screening) Order" and the preamble shows that all the persons who are in the service of Bangladesh are within it and since the object of the enactment is to make the Government ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....his client, he could not appear on that date in view of his preoccupation in the High Court Division. He submits that the application filed by the learned Advocate for adjournment was bonafide and in good faith on the ground of his pre-occupation in the High Court and he expected that a short adjour......r, there will be no order as to costs. Let the suit be disposed of within one month of the receipt 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. ......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. ..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....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 ......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 ......elied on the decision of this Court in the case of American Life Insurance Co. Vs. Dacca Pourashava, reported in (1979) 31 D.L.R. (A.D ) 276. The majority view is that the rates charged for services for providing street lighting and conservancy cannot be levied separately from what is..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 ......Mia to the house of accused Tofel Ahmed where accused opposite party No. 1 and accused Gyasuddin were waiting. Thereafter, opposite-party No. 1 took Eksir Mia & Abdus Sobhan to the Thana where he recorded a GD. Entry on some false and imaginary allegations and showed Eksir Mia and Abdus Sob......, 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 ......pellant and perused the impugned order. No one has appeared for the respondent when the matter was called on for hearing, although we find the appearance of one learned Advocate for the respondent on record. 3. It appears that an application under section 47 of the Code of Civil Procedure was f......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 ..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....ge of properties of various cargoes and not for running an L.M.D. as a business. For preventing over-invoicing and under-in-voicing and for ensuing accurate and impartial weighment and measurement of goods for export and import no private organisation was allowed to carry on such business. The Gover......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
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. ......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. ......g inter alia that he was appointed as a Custom Inspector on 17.8.77 and he duly joined that post on 22.8.77, but while on duty he received the impugned order dated 28th December, 1977 terminating his services from 15th January, 1978 without assigning any reason whatsoever; that he filed an appeal to..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)
....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ..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 ...... allegation of collusion between the petitioner and opposite party No.3 remains on plane of a mere allegation. As on 6.1.77 when the order of ad-interim injunction was passed there remains nothing on record to show that the petitioner acting in consort with opposite party No.3 managed to obtain ad-i......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 ..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
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