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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 ......dents to show cause as to why the lodging of the F.I.R. of the said Sherpur P.S. Case No.14 dated 26.10.78 under MLR 12 of 1975 against the petitioner should not be declared to have been made without lawful authority and is of no legal effect. While issuing the Rule the court stayed all further proc..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 ......caused prejudice to the delinquents— The delay in filing the enquiry report by the Inquiry Officer has not vitiated the proceeding or the report submitted by the Inquiry Officer. Whether a law enjoining an authority to do a certain thing is mandatory or not could be decided upon the conse..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. ......dash; Illegal dispossession by Government Officers— Government sold a property to the petitioner and thereafter dispossessed the petitioner from that peoperty--To enjoy protection of law and to be treated with law is the inalienable right guaranteed to every citizen under the Consti..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 ......ead such power by necessary implication when rights of others are involved--There being no delegation of power to the Vice-President the impugned order passed with his approval cannot be sustained in law. Lawyers Involved: Abdur Rab Chowdhury—For the Petitioner. M. Shohrab Ali,..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. ......the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is petitioners' inalienable right to enjoy the protection of the law and to be treated in accordance with law, and in accordance with law as guaranteed under Article..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. ...... General. 2. The petitioner in the Rule have although maintained that they had a valid lease for the Tea Garden in question and that it was taken over by the Government Illegally and without any lawful authority whereat the Government tried to make out a case in their affidavit in opposition th..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 ......the son of Gour Majhi's brother Keroly Majhi. Nagar Mondal, son of Keroly Majhi married the daughter of one Hari Charan Mondal and lived in Hari Charan Mondal's house as a domesticated son-in-law. Nagar Mondal always lived in his father-in-law's house leaving behind the plaintiff as his ..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 ......epublic provided that it shall be competent for the President to make rules regulating the appointment and conditions of service of such persons until provision in that behalf is made by or under any law, and rule so made shall have effect subject to the provision of any such law. From a careful rea..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. ......the Appellate Division of this Court in the case of Akhtarun Nessa and another Vs. Habibullah & ors. reported in 31 D.L.R. (A.D) 88. Their Lordships of the Appellate Division have stated the law on the question as follows: "Any objection as to omission of necessary party must..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. ......ion of the Appellate Division of this Court in the case of Akhtarun Neesa and another Vs. Hobibullah & ors. reported in 31 DLR (AD) 88. Their Lordships of the Appellate Division have stated the law on the question as follows: "Any objection as to omission of necessary party must be taken ..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 ......on in the present case being that the mortgage deed, ext. 1, did not stand in the way of tenants being settled on the land, the tenant so settled whose interest in the land was well defined under the law, could not be evicted without recourse being had to the provisions of law applicable to the evic..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 ......ny occasions with a prayer for reconveyance of the suit land at agreed upon but was refused. Lastly in the month of Agrahayan 1374 B.S. the plaintiff served a notice, by a registered post through his lawyer, upon the defendants demanding the reconveyance on payment of the consideration money but als..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. ......The petitioner also in the said letter was asked to submit his explanation if it is so desired. The petitioner again submitted his explanation stating that the enquiry was not held in accordance with law. Thereafter the Chief Engineer, respondent, No.2 by his letter dated 22-9-79 dismissed the petit..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. ......period of two years before he is eligible to practice before the High Court Division. From our experience both at the Bar and at the Bench we have found that this period of two years spent by a young lawyer in the Subordinate Courts to make himself eligible for practice before this Divisio..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....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. ......Civil Procedure (V of 1908). O.XLVII r.6 Suit for specific performance - Court 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 reason..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 ......o some matter of fact. The expression "may alter the finding'' clearly empowers the appellate court to consider the entire evidence against the accused appellant both as regards fact and law and to substitute its own finding…….(8) Cases Referred To- Imran Ullah V..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 ......ee ex parte as of right on the failure of the contesting defendant to appear on the date of hearing without proving a prima facie case as contended by the learned Counsel for the appellant. Under the law the contents of a document is to be proved by producing the document itself for inspection of th..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. ......;tion the name of the accused appellant anywhere in his evidence, farless about his activities. P.W.3 Nurul Islam in answer to a question from the Court stated that accused Saad Ahmed was a lawyer and Chairman, Peace Committee. We also stated that the accused was Chairman of Razakars. The ..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. ......hat where a person is jointly interested in an estate with another person, and purports to deal with the entirely, specific performance will not be granted against him as to his share. The law intends one to be dutiful rather than to be generous. The parties have entered into a bargain. ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234