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Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)

....he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......) it is found that at the relevant time the Government had jurisdiction to review the proceedings of the case against the respondents and the High Court Division failed to notice this vital change of law. 4. But the fundamental question is, whether the Government's power of review under Reg..

Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53

Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)

....ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86.   ...... 1980 Result: The Rule is made absolute. An employee of a statutory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutory public ..

Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2

Abdul Bari Vs. State, 1980, 9 CLC (HCD)

....case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52   ......sued process against the petition­ers under sections 302/34/109 of the Penal Code. Eventually Mr. A.Z.M. Shafiqul Islam, Magistrate, 1st Class, took up the case to pro­ceed in accordance with law, On 29-6-79 the Opposite Party No. 2 filed a petition before the learned Magistrate for sending ..

Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1

Mansurul Aziz & Another Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others, 1980, 9 CLC (AD)

....e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ......-fixation of ren. Such action of the government in. requisitioning a private property under s.3 of the Act cannot be sustained. Arbitrary exercise of power is itself mala fide, that is malice in law………………..(6-9) Lawyers Involved: Shaukat Ali K..

Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2

Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)

.... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30.    ...... In such circumstances public purpose and public inter­est was interpreted by superior Courts in the context of the statute itself. With the introduc­tion of a Constitution as the fundamental law of the land incorporating fundamental principles of State Policy, the term public purpose and pu..

Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7

Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)

....he defendants 10-17 will be struck of the decree. The order of the learned Munsif for resto­ration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ......of P.O 12 of 1972. I see substance in the contention of the learned Advocate. Article 3, which is relevant, of P.O 12/72 is quoted below:- "3. Notwithstanding any thing con­tained in any other law for the time being in force, all Judgments, decrees or orders passed ex parte by any Court or tr..

Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29

Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)

....rney in the manner indicated above and in accor­dance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86     ......hellip;… Respondents Judgment August 27, 1980 Result: The appeal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such power of attorney empowers a per­son to execute a deed of sale or any kind of t..

Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3

Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)

.... compensation. 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) 56       ......red for the Opposite Party No. 1. 7. Mr. Chowdhury contends that the Courts below have failed to consider material evi­dence on record and to exercise the jurisdic­tion vested in them by law resulting in an erro­neous finding of facts and a serious miscar­riage of justice and th..

Category: Property Law | Date: 26 Aug, 1980 | Hits: 2

Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)

....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ...... and practice for documentary credits. We refreshed our ideas as to how commercial letters of credits are dealt with in international trade and commerce from the treatise of A.G Davis, "'The law relating to Commercial Letters of Credit." We have also considered the rele­vant provis..

Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1

Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)

....ed order calls for no inter­ference by this Court. The rule is accordingly discharged with­out any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......ecord of any case which has been decided by any Court sub-ordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law apparent on the face of the record in the decision, the High Court Division may make such order ..

Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1

Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)

....Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267   ...... illegally in Ward No.2 on 14.1.84 without any appro­val of the Election Commission and thereby contravened rule 29(2) (b) of the Rules. The election held on 14.1.84 was no election in the eye of law and, as such, (he plaintiff did not acquire any interest or legal character or status to obtain ..

Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1

Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)

....ncome Tax Act. The question raised in this application having been answered in the affir­mative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ncome Tax Act. The question raised in this application having been answered in the affir­mative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ..

Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2

Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)

....of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ......High Court by his judgment dated June 10, 1977 set aside the order of the S.C.C. Judge and directed the trial Court to accept the security bond and to proceed with the Miscellaneous Case according to law. 4. It has been argued by the learned Advocate appearing for the appellant that the require..

Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1

Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)

....he appeal, set aside the order of the High Court Divi­sion and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in:   ...... Appeal No.25 of 1980. (From the Judgment and Order dated 8-8-79 passed by the High Court Division is S. M. A. No. 28 of 1975). Judgment Kemaluddin Hossain CJ.- The question of law involved in this appeal is whether the lear­ned Single Judge of the High Court Divi­sion corr..

Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221

Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)

....urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......e Judge of the High Court held that the issues were of fact and therefore concluded by the findings of the Court of appeal below. The second appeal and dismissed. 7. So far as the proposition of law goes, it is now well settled, that in a case where the question is between two or more brothers ..

Category: Property Law | Date: 30 Jun, 1980 | Hits: 51

M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)

..... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1   ...... High Court of Bangladesh in Writ Petition No. 121 of 1973) Judgment Kemaluddin Hossain CJ. - The question involved in this appeal as urged by Mr. Pal is a sub­stantial question of law of some public im­portance; as to whether Ordinance 1 of 1969 was not continued by Laws Cont..

Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109

Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, 1980, 9 CLC (AD)

....vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 61 ......f 1980 from Writ Petition Nos. 471 of 1979 and 178 of 1978. Judgment Fazle Munim J.- These two appeals, namely, Civil Appeal Nos. 169 of 1979 and 65 of 1980 involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals. 2. Civil A..

Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7

Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)

....of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......bour court cannot reverse his finding. Reinstatement in service— Even when the proceeding before the Enquiry officer suffers from proper compliance with the procedure laid down by the law warranting quashment of the dismissal order, reinstatement cannot follow as a matrer of course--..

Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2

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. ......ae….. (14 & 16) Drawing up of final decree without notice to the parties whether Permissible There is no specific provision of serving notice upon the parties or their respective lawyers after the Pleader Commissioner submits his report. But if considerable time has elapsed betw..

Category: Property Law | Date: 28 Apr, 1980 | Hits: 3

Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....nce of appreciation:- "3A. (1) The Proclamations of the 20th August 1975, and 8th November 1975, and the Third Proclamation of the 29th November 1976, and all other Proclamations and Orders amending or supplementing them, hereinafter in this paragraph collectively referred to as the said P......urt No. II, Dacca convicting the petitioner under section 302 of the Penal Code and sentencing him to death and the order dated 29-1-1978 confirming the sen­tence of death have been taken without lawful authority, and are of no legal effect; and for an order directing the respondents No. 2 and 3..

Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3