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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. ......pondents have noticed that time Enquiry Officer after considering the explanation and the materials on record that the petitioner received in all 200766 gallons of oils during the period in question, and distributed 1,91,417 gallons of oil, found the balance of 9,349 gallons to have been m......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..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. ...... and those cases are likely to be few and far between. With the introduction of Honors and LL.M. Courses in the faculty of law in the Universities of our country which were-not there when the Rule in question was framed a situation has arisen which was not obviously in the contemplation of the rule-......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)
....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. ......urt, I do not find any legal scope to entertain this review application as maintainable." 4. As against this Order, a revisional application was filed before the High Court Division and the question was whether a decree which is at variance with the prayer made by the plaintiff in the plai......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..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 ......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 ...... 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..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 ......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 ......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..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. ......ng of such war. 13. P.W.2 Haju Mia does not even mention 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. W......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..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. ......ne and it can and ought to be enforced against the defendants 1 and 3 in respect of their 2/3 rd share in the property. The High Court Division in a lengthy judgment unnecessarily raised certain questions which were never at issue at the trial nor considered by the Courts below. The learned Si......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 ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......ere in pursuance of any lawful authority and when a person is serving out an order of sentence passed by a Court or tribunal, the jurisdictional validity of that order could be looked at. When such a question is agitated before the Court, the Court is first to see the provisions of the law as well a......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..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....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 ......second group 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 judg......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...Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
..... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
......on first of March 1975 and there was a high tide and fog when the flat and the tug ran aground. The learned Advocate for the petitioner has referred to us the certificates of survey of the vessels in question wherein it is seen that the vessels were permitted to ply only at day and not at night in s......ionary measure when the launch and the Flat were plying through risk and danger, created by high tide and fog. In this connection, the learned Labour Court held as follows:
“From all these facts, circumstances, and evidence on record, it is my opinion that the accident happened at about 1..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....ule. This Rule is accordingly 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) 97. ......ule. This Rule is accordingly 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) 97. ......employee to the next higher grade- The employer can assess the value of academic qualification of the candidates while considering their promotion from lower grade. Considering all the facts and circumstances it cannot be said that the case of the petitioner was not considered for pro..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
....1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
......ial on which it could be said that the passport which Towab was holding at the time of his arrival at Tejgaon Airport is not a valid passport. It is not alleged by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passpor......-Passport Rules, 1974, r.9--Passport Rules, 1955, rr.4 & 6.
Passport –
A person can be denied entry in Bangladesh if he does not possess a valid passport--Suppression of material facts in obtaining passport Joes not render the passport invalid--For such suppression the holder of..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......uilty as she was under the control and influence of the other accused persons and had no independent will of her own in the matter. 4. In the appeal before the High Court Division the finding of facts arrived at by the trial court was not seriously challenged but it was contended mat even if th..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Bengal Water Ways Ltd & Another
....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......t No. 2 might be allowed to enforce the securities as provided in Law and realise its dues against the loan given to the appellant company. 19. Leave was granted to the appellants to examine the question as to whether on the principles of dissolution of a partnership firm, a private limited com......ible formula of the principle of 'just or equitable' clause— Whether or not there are equitable considerations for the application of the Principle must necessarily depend upon the facts and circumstances of each case and the judicial discretion of the court. The allegation made b..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......resolved when the two expressions as to time are construed in proper perspective. Here in ascertaining the period of time the general expression is to be ignored when the beginning and the end of the questioned period of time is clearly specified and dated. As the document was concurrently foun......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ...... contract failed due to circumstances beyond the seller's control--Whether bank liable to encash the guarantee. The bank has agreed to make an unconditional payment on demand without any further question and without reference to the contractor. The words "without any further question and w......ltaf Hossain J.- This appeal is directed against the judgment and decree passed by the Subordinate Judge, 5th Court, Dacca on 31.8.72 in Money Suit No. 10 of 1957. The suit arose out of the following facts:-The plaintiff Corporation entered into a contract with defendant No. 2 whereunder the plainti..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......jurisdiction to the Company Judge in all matters related to or arising, out of an winding-up proceeding. This order has been challenged in this appeal by special leave by the plaintiff of the suit in question taking two grounds, one being that facts of the case do not attract the jurisdiction of the......ters related to or arising, out of an winding-up proceeding. This order has been challenged in this appeal by special leave by the plaintiff of the suit in question taking two grounds, one being that facts of the case do not attract the jurisdiction of the Company Judge and the other being that even..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
....er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
...... Harbour to keep the trawlers in his custody till security is furnished. The order of the court was duly served upon the Collector of Customs and the General Manager, Fish Harbour and the Trawlers in question were escorted to the Fish Harbour and kept in the custody of the General Manager there.
......ructions in the matter from his clients who happened to be foreign nationals and sought permission of the court to withdraw from the appeal. The court directed him to file an application stating full facts with reasons for their prayer for withdrawal at that belated stage. This court upon a consider..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......ated to the sentence of imprisonment only. There is no plausible reason why the order did not expressly cover the sentence of fine within its purview, if it was so intended. Having regard to the facts and circumstances we find that the arguments of the learned Counsel has no substance. 8. ..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....n jail custody and he was brought from the jail for a short time. The petitioner made a written representation that since the allegations brought against the petitioner were sub-judice and strikingly identical in content, scope and nature with similar accusations forming part of a criminal case bein......A. 82 of 1980) CA 19 and 82 of 1980 from W.P. 296 of 1974 and 360 of 1973 Judgment K. Hossain CJ. — These two appeals are heard together as they are dependent upon a common question of law, in that, whether Article 5(b) of Government of Bangladesh (Services Scree...... Teachers' Students' Centre displaying zeal and ardour in favour of the then Military Ruling Junta of Pakistan. 3. In Civil Appeal No. 82 of 1980, Dr. Mohar Ali is the respondent and the facts are that he was an Associate Professor of History, University of Dacca during the war of liber..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
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