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Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
.... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ...... Order No.78 dated 10-7-75 passed by the learned Subordinate Judge is set aside in its entirety. The learned Subordinate Judge is directed to intimate the lawyers of the parties of the arrival of the records of the case and to fix another date for filing of objection against the report of the Pleade......of the Code of Civil Procedure, but it has been observed in the case of Fazlur Rahman Vs. Rajab Ali, (5). "Although Section 115 of the Code does not in terms prescribe specifically the service of any notice upon the parties concerned, the practice of issuing a rule upon such parties b..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....sp; of the Constitution but also the validity of the national legal order, irrespective of how or by whom such a, change is brought about," are wholly unsustainable and cannot be treated as good law either on the principle of stare decisis or otherwise. In deciding the question of supremac......ein, the order must be treated as one validly passed under Regulation 3(2). In this connection, Mr. M.H. Khondker referred to some authorities, but in view of the clear position as evidenced from the record I do not consider it necessary to refer to the same. 13. Mr. M.H. Khondker next submitte......t Mohammad Sayem assumed the powers of Chief Martial Law Administrator and declared that the Chief Martial Law Administrator shall not be deemed to be a person holding an office of profit in the service of the People's Republic of Bangladesh for any purpose whatsoever; Parliament was d..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ...... Result: The appeal is allowed. The pre-emptors cannot succeed on such an application-several co-sharers in the holding were omitted in the pre-emption case and they were not brought on record in spite of objection taken by the pre-emptees-- The instant suit is not legally maintai......limitation for the remaining co-sharer tenants or the tenants holding land contiguous to the land transferred, to join in the pre-emption proceedings. This period of two months begins to run from the service of notice of the application for pre-emption. Section 96 clearly point out that a ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78 ......This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78 ...... authorities many of whom were outside the concerned Ministry of Defence and consequently whether the respondent No. 2 was justified in black-listing the petitioners unilaterally without causing service of any prior notice to the petitioners concerned. So far as the impugned notice dated 2..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......vocate for the petitioner has taken me through the judgments of both the courts below and very strenuously argued that there being existence of dwelling huts, bagan and ditches as it appears from the record of right viz. the C.S. Khatian and the S.A. Khatian the land transferred is non-a......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ...... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ...... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93. ......ocedure and obtained. 3. Mr. Amirul Islam, the learned Advocate appearing on behalf of the petitioner submits that the lower appellate Court committed an error of law apparent on the face of the record while passing the order of stay of the order of the learned Munsif. He further submits that t......e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93. ..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
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 ......8) Lawyers Involved: Abdus Salam, Sr. Advocate, instruction by B.C. Panday, Advocate-on-Record-For the appellants. Rofiqur Rahman, Sr. Advocate, instructed by Zinnur Ahmed, Advocate-on-record-For respondents 1-6. C.A. 109 of 1979 from C.R. 174 of 1977 Judgment Rubul Isl......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 ..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 ......at the petitioner was dismissed for his trade union activities. These are questions within the jurisdiction of the Labour Court to decide and there is no error of law apparent on the face of the record. 7. In Civil Appeals No. 26 and 27 of 1978, the company, James Finlay & Co. Ltd., wh......rom the table in the Manager's room and persisted in refusing to return it to the Manager. During the enquiry held by the company he denied both the charge Nonetheless, he was dismissed from service as the company found him guilty. Two separate applications under section 34 of the Industria..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 ......in possession of the suit land for the 'last 25/26 years. It found that the defendant no. 1 has, been described as a tenant and the amount paid by him has been described as rent in Ext. 3, a rent record book, in Exts. C, C (1) and C (2), counterfoils of rent receipts and in Ext- A-A (5), the ren......ond Court, Sylhet. 2. The plaintiff Dhamai Tea Company Ltd. filed T.S. No. 76/58 in the Court of the Munsif, Second Court, Moulvi Bazar on the allegations inter alia that in consideration of the services rendered by the defendant no. 1 as an employee of the plaintiff, the latter allowed the def..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. ......rty defendant No.1, has, however, contended that the very-appointment of the plaintiff petitioner was cancelled and, as such, he is no longer the Marriage Registrar for any area at all. But, it is on record that the petitioner was reinstated by the government after his acquittal from the criminal ca......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. ..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 ...... that the Superior Selection Board in its meeting held on 12-2-79 considered the cases of promotion of erstwhile CSP officers of 1965 batch, among others, and after due consideration of their service record and confidential character rolls and having found them fit in all respects unanimously recomm......etitions that the Superior Selection Board in its meeting held on 12-2-79 considered the cases of promotion of erstwhile CSP officers of 1965 batch, among others, and after due consideration of their service record and confidential character rolls and having found them fit in all respects unanimousl..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....sal of the pleadings of the parties and evidence on record allowed both the complaint cases and ordered reinstatement of the complainants thereof holding that since the workers had made the loss good by working on holiday (on 19.3.76) in pursuance of the agreement, there was no justification fo......g extra day on 19.3.76 which was a holiday in the Mill.
3. The Labour Court on consideration of facts and circumstances of the case and on perusal of the pleadings of the parties and evidence on record allowed both the complaint cases and ordered reinstatement of the complainants thereof h......gal strike on 14.3.76 and they were asked to submit as to why they shall not be dismissed. Their explanations were considered unsatisfactory and the appellant dismissed the two respondents from their service. Their further case was that there was no strike on 14.3.76. It was a government holiday on ..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....Haji Abdur Rahman Chowdhury gave the title deed of the disputed property and the bharanama with May and Baker to the plaintiffs and declared in their presence about the heba, that Abdur Rahman was in good health. Her stated in cross-examination that he was called by the donor through Shamsul Huda P.......This suit was tried analogously along with the said Succession Certificate case. 5. The learned Subordinate Judge after framing necessary issues and on consideration of materials and evidence on record decreed the suit. On appeal the suit was remanded, mainly on the ground that the defendants h...... 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. ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....whereas either the heirs of Praimsukh or Baldeo Sahai had preferable title. In the context of these facts, the Privy Council held in favour of the competency of the partition suit. This is a very good illustration of the principle, where there is a right, there is a remedy. This decision is also......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. ......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. ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....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
......has also got his name and the names of his brothers mutated in the Municipality, Dacca Electricity and WASA, and paid rent, taxes and other charges. He has also his name and the names of his brothers recorded in the record of rights and paid rent. While the petitioner and his four brothers have thus......adesh or whose whereabouts are not known or who has ceased to occupy, supervise or manage in person his property.
The power to treat a property as an abandoned property is limited-
The mere service of notice on will not make any property as an abandoned property within the meaning of Presi..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......ffidavit in which it was stated that the petitioner's service was not satisfactory and in that connection explanation was obtained from him by the Attorney General in respect of loss of some case records, such as of Criminal Revision Case No. 681 of 1976 and Criminal Revision Case No. 633 of 197......ng this post till the impugned order removing him from this post was passed. He has claimed to have discharged his duties efficiently and sincerely and he was expecting recognition of his meritorious service by elevation to the Bench of the High Court Division but instead he was suddenly served with..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
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 ......as now followed by the order of demotion but they have given an explanation for this demotion. It is that after about a year of the petitioner's last promotion on 29-8-77 it was revealed from the record that his earlier promotion dated 20-8.73 was irregular in that the Selection Committee for pr......on communicating to the petitioner the. Corporation's decision demoting him from his post of Assistant Manager in junior executive grade to the post of Office Superintendent in the superintending service grade 1 without any prior notice. 2. Case of the petitioner is that he joined the then ..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. ......on 11.7.77 reciting that the appeal as a whole had 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 s......ed the same and a second appeal was filed by some defendants and during the pendency of the second appeal, an application was filed on 24.2.73 by the appellant and others for dispensing with the service of notices upon all those respondents who did not appear or contest the suit in the Courts b..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
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