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Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)

....e question of waiver of the right. Both the con­tentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ......Ali Kari, and as such it should be presumed that he had no knowledge of the transfer during his life time. The pre-emptee also could not establish that Sadad Ali Kari had knowledge about the sale. In view of this position the question could not be pressed further. 8. Mr. Abdus Salam attempted t..

Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

.... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ...... maintained by a worker under sec­tion 34 which does not include any reference to an industrial dispute. 22. As regards the contention that a dispute between a worker and the employer can be viewed as an industrial dispute so that in case of such dispute a worker would be entitled to move t..

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3

Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)

....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432         ......, as in the case of Issac Vs. Hotel De Paris Ltd., reported in (1960) 1 All E.R. 348, in Crane Vs. Morris, reported is (1955) 3 AH. E.R. 77 (Denning, L.J. now being Lord Denning, M.A.). 22. This view of exclusive possession has not been accepted as of general application by Jenkins, L.J. in Add..

Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1

Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)

....et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430.   ......defendant Nos. 1 and 2 was in respect of the same area or not is itself the subject matter of the suit and as such temporary injunction would result in the final decision .of the suit itself. In that view of the matter the learned District Judge revised the learned Munsif's order. 4. Mr. A...

Category: Family Law | Date: 30 Nov, 1979 | Hits: 1

Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)

....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......s are to be determined by the relevant Rules that were in force in Bangladesh on 25th March 1971, and to the extent that these have not been repealed modifi­ed or altered after independence. This view is further confirmed by the Annexure 'H' of the affidavit-in-reply which shows that the..

Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1

General Manager, Bogra Cotton Spinning Co. Ltd. Vs. Chairman, Rajshaht Labour Court & another, 1979, 8 CLC (AD)

....of reinstatement was justified. In the result, therefore, both the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 329. ......ed the matter regarding the strike of 14th March, 1976 and after having been adequately com­pensated on a holiday "there was no scope for taking action against the two workers". In this view of the matter the petitions were rejected. 5. Leave was granted in terms men­tioned ab..

Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182

Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34.           ......uit was remanded, mainly on the ground that the defendants had no opp­ortunity to file additional written statement against the belated amendment of the plaint and to examine the witnesses with a view to con­trovert the genuines of the documents by hand­writing expert if the defendants s..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3

Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)

....ave decided the ques­tion on the facts before us. In the result, we dismiss the appeal with­out any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ...... the decree does not ac­quire an interest in the land. He can lawfully maintain and protect his possession and in­terest in the property. 10. Mr. Pal, however, has rightly pointed out that the view expressed in the case of Joydeb Agarwala Vs. Baitulmal Karkhana Ltd., (1964) 16 DLR (SC) 706; P..

Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236

Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

....t any lawful authority and is of no legal effect. There will be no order as to coats. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (1979) 402   ......en possessing the holding, the respondent No. 2, a Section Officer of respondent No. 1, on a wrong information started a proceeding under President's Order No. 16 of 1972 in November, 1976 with a view to treat the property as an abandoned property. The petitioner gave a representation on 25.11 7..

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)

....thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ......n of maintainability of the Writ Petition taking the ground that there was alternative remedy against the impugned order by way of appeal which was not, however, availed of by the petitioner. But, in view of the admitted position and expressive violation of statutory, provision, the Writ Petition in..

Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2

Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)

....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......abated. Against this order an attempt was made to set it aside but the learned Single Judge by his order of 12.4.78 held that the Registrar had recorded the fact of abatement on 11.7.77. and took the view that since the appeal arises out of a suit for partition and the respondents aforesaid who were..

Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95

Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)

....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ...... fishery or a closed fishery could not be a ground for dismissing the Writ petition as the question was what was the bid made by the appellant. It appears that the Dhaleswari river fishery, though in view of the name of the fishery, it should have been treated as an open fishery and leased out for o..

Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1

Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)

....ly made absolute. Since the rule is not opposed, we make no order as to costs. A. T. M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 301   ...... prayer. From the judgment also it does not appear what other materials were on record before the Labour Court to arrive at the finding that the petitioner was not a worker. We are, therefore, of the view that for the ends of justice the petitioner should be afforded an opportunity of establishing h..

Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2

Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC

.... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29   ......ied him so as to be deprived of his citizenship. The impugned memo does not refer to any positive act. It merely refers to his filing an application to the International Committee of Red Cross with a view to go over to Pakistan. The mere fact that he filed an application for going over to Pakistan c..

Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1

Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)

....ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414.   ......t where the Urban Immovable Property Tax was in force, the two taxes together, viz. the property tax and the building tax should not exceed 17% when the annual value exceeds taka 10,600/-. 5. In view of the aforesaid undisputed facts and the earlier decisions of this Court in similar matters. M..

Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1

Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)

....of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80.     ......or that a Civil Revision case cannot be compromised by the parties under Order 23 Rule 3 of the Civil Procedure Code, even if the terms of the compromise/agreement are lawful. We, however, are of the view that a Civil Revision case may be compromised under Order 23 Rule 3 of the Civil Procedure Code..

Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1

M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)

.... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326   ......y Officer recommended a minor punishment but the authorities while accepting the finding of the Enquiry Officer rejected his recommendation for minor punishment and awarded the impugned punishment in view of the heavy loss involved in the matter. Being dissatisfied with the order the petitioner move..

Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1

Md. Bokiotullah Vs. Chairman, Council of Cadet Colleges and Secretary Mi¬nistry of Defence, Govt. of Bangladesh, 1979, 8 CLC (HCD)

..... In the facts and circumstances of the case we pass no order as to costs. Md. Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 261   ......harge 1(b) reads as follows: 1.(b) That you admitted Cadet No 613 Rabiul Alam S/o. Chief Manager, HBFC, and Cadet No. 616 Kazi Shafiur Rahman S/o. Another Officer HBFC in irregular manner with a view to getting undue favour and wrongful gain from the fathers of these cadets in the matter of pur..

Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1

M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board Vs. Secretary, Ministry of Power, Water Resources and Flood Control and another, 1979, 8 CLC (HCD)

....but haying regard to the facts and circumstances of the case there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 339 ...... under the disciplinary Rules but considering the long period of service put in by him and the fact that he was at the fag end of his service career, the authority concerned decided to take a lenient view and retire him from service which was neither a punishment nor did it carry any stigma against ..

Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1

Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)

....of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......ice has not been done with his Lordships in the Bench. The appellant filed an application on November 24, 1978 with a prayer for treating his application dated August 29, 1974 as an application for review. 4. Respondent A.B. Khan filed a written objection completely denying any relationship bet..

Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103