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Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....l. The petitioner has filed a reply to the affidavit filed by the respondent-Government and has reiterated all that he had stated in the petition in support of his case. 6. Certain admitted facts have emerged out of the petition and the affidavits on record. The fact that the premises in q......ivision (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment Janua......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)
....t done either in the working paper or in the note submitted by the Secretary to the competent authority. This, in our opinion, was necessary to enable the competent authority to apply its mind in the facts and circumstances of a particular case and arrive at a decision as to whether it would be more......Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Salehuddin Khan..................................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: ......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 ..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)
....e of going through the judgment just delivered by my learned brother. While concurring with the same, I would like to add a few words of my own. 2. We have felt obliged to take notice of certain facts that came to light in course of hearing of this matter and also from the government file ......lip;…..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether 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 pr......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. ..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)
....tage of going through the Judgment just delivered by my leaned brother. While concurring with the same, I would like to add a few words of my own. We have felt obliged to take notice of aerie in facts that came to light in course of hearing of this matter and also from the Government file that ...... Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judgment January 13, 1982 ......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. ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....th in appeal as those were not arrived at causing any error of law or procedure affecting the merits of the case. It could not be said to be a finding arrived at without consideration of the material facts and circumstances on which the trial Court based its decision. The finding as no the ancestry ...... Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......intiff has no 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 ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....ormula for grating benefits to the employees who participated in the war of liberation; the aforesaid memos have been marked as Annexure 'B' and 'C' to this petition. 2. So far as the facts of this case is concerned, it is admitted that prior to the issuance of the aforesaid impugned......nts Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD ...... 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 ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....s challenged the assertion of the pre-emptor as to his capacity to get pre-emption under section 90 of the Act. In this view the aforesaid decision of the Division Bench is not applicable to the facts of this case and thus is of no help in deciding this case. Another decision of a single Bench ......ip;………………Opposite Parties Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Abdur Rahman Vs. Baser Ali and others, 21 DLR......er the pre-emptor-petitioners were the person to whom transfer of the pre-empted land can be made, under section, section 90 of the Act. The learned Subordinate Judge has also taken exception that no evidence was led by the pre-emptor-petitioners to prove that they were persons who are entitled to p..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....es challenged the assertion of the pre-emptor as to his capacity to get pre-emption under section 90 of the Act. In this view the aforesaid decision of the Division Bench is not applicable to the facts of this case and thus is of no help in deciding this case Another decision of single Bench of ......, 1981. Result: The Rule is made absolute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280;; Anwara Begum Vs. Maimuna Khatun Chowdhury and others, 21 D.L.R. (Dacca) page 599; Akhtarun Neesa and another Vs. Habibullah & ors., 31 DLR......, whether the pre-emptor petitioners were the persons to whom transfer of the pre-empted land can be made under section 90 of the Act. The learned Subordinate Judge has also taken exception that no evidence was led by the pre-emptor-petitioners to prove that they were persons who are entitled to p..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....or any of the purposes provided in this act either immediately or mediately under a tenant and includes also the successors-in-interest of persons who have acquired such a right.” From the facts of the case it is clear that defendant No. 1 did not acquire any right from a proprietor or a ...... Mortgage Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the C...... 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)
....below to the effect that a contract to reconvey was a personal contract creating a personal right and hence not enforceable by the heirs of the transferor, was erroneous, being contrary to law in the facts and circumstances of the case and hence need be set aside. 6. The only question of substa...... Vs. Kudrat Ali Miah & ors.........................Death-Respondents Judgment December 7, 1981. Result: The appeal is allowed. Cases Referred To- Tazal Hoque and others Vs. Affan and others, 17 D.L.R. Dacca at page 613; Jalil Ahmed Vs. Raish Mia, 20 D....... 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 ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
.... authority. In that view of the matter this Rule is made absolute. The notification dated 5th June, 1980 is set aside and is declared to be inoperative and passed without any lawful authority. In the facts and circumstances of the case there will be no order as to costs.
Ed.
Sultan Hossain......ltan Hossain Khan J
Dr. Abu Ahmed Chowdhury…………………Petitioner
Vs.
Bangladesh represented by the Secretary of the Ministry of Health and Population Control and others......................................Respondents
Judgment
......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
..
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)
....d papers, namely, receipts of the oil in the invoices and the certificate for payment led him to find that the petitioner was guilty of misappropriation. We are of the view that the petitioner in the facts and circumstances of the case has not been prejudiced by the failure of the Enquiry Officer to......ud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judgment November 18, 1981. Result: ......espondents acted illegally and without jurisdiction in dismissing the petitioner on the basis of enquiry in which the allegations against the petitioner were not proved. He has submitted that no evidence, oral or documentary was adduced on behalf of respondent No.1 to refute the above explanati..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. ...... The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitioner in person. MA Manna, Advocate— For the Respondent No.3. Syed Ishtiaq Ahmed and Khondker Mahbub Uddin Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. ......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. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....w information that the corporation intended to transfer the vessel to a third party wholly on Bank guarantee was relevant for the purpose of the disposal of the review petition and (4) whether in the facts and circumstances of the case court's discretion was attracted for varying the terms of th......-It was incumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; ...... the trial court while dismissing review petition made any mention about the proposal to transfer to a third party, namely, Madina Shipping Company, although it may be pointed out that "The said evidence was brought before the court by way of an application." 5. Mr. Rafique-ul-Huq, th..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
.... in 6 D.L.R. (F.C.) 65, he argued, that in an appeal under Section 423 of the Code of Criminal Procedure the appellate court has to consider the controversy entirely afresh, both as regards facts and as regards law and can substitute its own opinion in place of the decision taken by the tr...... into 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 Ull......" means the result of a judicial examination, specially into 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 findin..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....All the points having been found against the appellant. I find no substance in this appeal in the result, this appeal is dismissed. The judgment and decree of the courts below are affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. Thi...... Reported in: 34 DLR (HCD) (1982) 255 ......he plaintiff's suit must fail. 4. The short points that arise for the disposal of this appeal are whether the plaintiff had an onus upon him to prove a prima facie case by producing the best evidence that is the document itself and whether the plaintiff was entitled to a decree ex parte as ..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....9 nor P.W.10 was named in the first information report, nor were they cited in the charge-sheet nor were they examined by the police. They were not formal witnesses. They came to depose certain fresh facts which contain some serious allegations against the accused which can in dependently be made th...... Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali, Advocates— For the Appellant. Mashuque Hossain Ahmed, Advocate— ......dvocate appears for the State. 5. Prosecution against the accused appellant started on the basis of a first information report lodged by P.W.1 Abdus Sattar on 15-7-72. In his evidence P.W.1 deposed that on 1-5-71 he was at Chorhash. He was a Typist attached to D.C.'..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....rect specific performance which (a) taken by itself can and ought to be specifically performed and (b) stands on a separate and independent footing from another part of the same contract. In the facts of this case it was a case where one party to a contract is unable to perform a party of his ...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Archana Proshad Nandi.....................Appellant Vs. Miss Chilia Randolph and others....................f the share of each individual contractee. The subsequent kabala by the Defendant No. 3 re-enforces the view that each one of them was holding equal share in the property, namely, 1/3rd share. No evidence was laid that the nature of the property is such that the purchaser would be bereft of ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....nable (Per B. H. Chowdhury, J) Malafide— In order to strike down an order passed by an excepted authority within the perview of Art. 102(5) of the Constitution e.g. Court Martial, the facts constituting malafide must have correlation with jurisdiction and be analogous to an order mad......Vs. Bangladesh & Others………………………….Respondent And Mrs. Mamata Ahmed on Behalf of Capt. A. Z. Ghyasuddin Ahmed and Ors……..Appellants Vs. Bangladesh & Others……&hell...... Martial which tried the prisoners had jurisdiction over the persons and crimes charged and jurisdiction to impose the sentence witch the prisoners received, dismissed the application without hearing evidence. The decisions of the Courts below were affirmed in me Supreme Court by majority decision. ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....comprises of Writ Petition Nos. 65/80 and 96/8. The third group comprises of Writ Petition No. 155/8. 3. These three groups of writ petitions were heard consecutively and, as common questions of facts and law are involved in all of them, they will be disposed of by this single judgment. 4.......afa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and ......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
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