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M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......s are completely different and it cannot be said in the context of the present case that the High Court Division in revision cannot interfere with the decision of the Courts below. In this matter the question is whether sufficient cause has been made out by the petitioner in his application under Or.......I.R. 1937 Allahabad, 691. There cannot be any other view as to the contention that the High Court Division cannot in exercise of Jurisdiction under section 115 C.P.C. alter the findings of facts but the fact and circumstances of the present ones are completely different and it cannot be s..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......se it envisaged a Constitution of unitary type. Therefore, apart from the Item 75 in 1956 Constitution for passing a law on land and building there was no other law and In 1972 Constitution this question did not arise because there was no legislative list. In the circumstances, there is only on......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......ase also section 197 of the Cr. P.C. is not attracted. The learned Advocate has placed before us the case of Aftdur Rahman Vs. King Emperor (1) decided by the Federal Court of India. In that case the question of sanction under section 197 Cr.P.C. for prosecuting two police officers, one Sub-Inspecto......parties Criminal Revision No. 139 & 140 of 1980 Judgment Md. Altaf Hossain J.- These are two applications under sections 435 and 439 of the Code of Criminal Procedure. 2. The facts of Criminal Revision No.139 of 1980 arising out of C.R. Case No. 1395 of 1979 are as follows :..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
....nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......executing Court can not go behind the decree except on the ground of jurisdiction, whether pecuniary or territorial and within this very strict limits the executing Court is competent to consider the question of legality or otherwise of the decree. 5. In the instant case, the learned Subordinat......nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......to allow it to do something which it is not authorised by the clauses. Even assuming that clause 3(36) of the appellant's memorandum of association authorised it to carry on the trade, a relevant question might be raised as to whether the Government had the power to amend the clause having the e......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ......lection Board. An ingenious attempt was made by arguing that appointment letter itself would mean that he was selected by the Board but this argument loses its validity when the appointment letter is questioned on the ground of bona fide mistake. Mistake pre-supposes non-application of mind and in s......without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......ther expressly or by necessary implication….. (15) Constitution of Bangladesh (1972), Art, 102(2) Alternative remedy / Writ When the impugned action is without jurisdiction, the question of availing statutory alternative remedy does not arise…………. (2......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
....ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ......rur Reza, Advocates-For the Opposite parties Civil Revision No.691 of 1979 Judgment Mustafa Kamal J.- This Rule obtained u/s. 115 (old) of the Code of Civil Procedure calls into question an order passed by the learned Additional District Judge, Chittagong dismissing the petitio......ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ......ent or industrial establishment within the meaning of the Standing Orders Act and whether the respondent No. 2 is a worker within the meaning of the said Act. 4. The point raised is an important question. Though the High Court Division had summarily dismissed the petition yet the reason given i......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......ts Md. Moksudur Rahman, Deputy Attorney General, instructed by A.W.Mian, Advocate-on-Record-For respondents. C- A- 67 of 1980 from F. A. 228 of 1976 Judgment K. Hossain CJ. - The question involved in this appeal is whether the learned Judges of the High Court Division were corre......t earlier has arisen. 2. It is true that by the notification of 3rd December, 1965 if a property was an enemy property, all kinds of transfer including making of the will were prohibited and the facts set out which are not much in dispute clearly established that the property of Chiranjib Sen b..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ......he constitutionality of the section aforesaid, I like to adhere to the well established self-set rule which says, the Court will not declare a law unconstitutional, if the case in which the question is raised can be properly disposed of in some other way. I, therefore, refrain from st......ation on various grounds by filing a Writ Petition under Article 102 of the Constitution alleging, inter alia, mala fide in the Government in causing his premature retirement. 7. Some facts which appear in the petition may seem to be relevant for deciding the legality or otherwi..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ......structed by Zinnur Ahmed, Advocate-on-Record-For the Respondent 1. C. A. 56 of 1980 from S. M. A. 45 of 1970 Judgment Shababuddin Ahmed J. —This appeal by special leave calls in question a judgment and order of the High Court Division dated July 24, 1979 in S. M. A. No. 45 of 1......preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ......r specific performance was fraudulently obtained and therefore the respondents did not acquire title to the suit premises and dismissed that suit. S.C.C. Judge had no jurisdiction to go into the question of paramount title, and in doing so to set aside the decree of a civil Court obtained by pr......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
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. ......t 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 Regulation No. 4(4) includes the pow......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. ..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. ......y principle of natural justice as such since the petitioner was given full opportunity to defend himself before such proceeding and he was dismissed after being heard in person. 5. The main question that has arisen in this proceeding is whether the petitioner being an employee of a Corpora...... Corporation itself provide for making Rules and Regulations governing the service of the employees of the Corporation invariably inclusive of any disciplinary action. 11. Coming to the admitted facts of the present case it would appear that the authority of the Chemical Industries Corporation ..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
....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
.......A. 62 of 1980 from W.P. 250 of 1977
Judgment
Ruhul Islam J. - This appeal by special leave arises from the judgment of the High Court Division in Writ Petition No. 250 of 1977.
2. The question under consideration is whether the building in question being in the occupation of the requ......orce: and that when after requisition the rent was increased from Tk. 60007- to Tk. 6,5007- per month the question of mala fide in the order .of requisition did not arise.
6. From the undisputed facts as stated above it appears that the premises in question was requisitioned for providing accom..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......ourt Division was done of correct principles. 4. So far as the case of Mosharof Hossain is concerned, it is to be observed, that the matter related to service, and it was observed that where the question of smooth working of public administration or national economy is involved, the rule o...... economy is involved, the rule of balance of convenience is to refuse the prayer for temporary injunction. The relevance of this decision, though of importance, is not attracted to the distinguishing facts of this case. 5. Mr. Mian A. Gafur, learned Advocate-on-Record, of course, gives emphasis..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
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. ......-77 requisitioning the premise at 85 Kakrail, Dacca for the acconmodation of Little Flower School. 2. Apart from various allegations of mala fide for causing this requisition, the only important question upon which this requisition has been challenged is whether such requisition can be made und......ition fee receipts it appears that for Cass-1 only a tution fee Tk. 175/00 per month along with the school fund of Tk. 200/00 per year has been realised as late as in January 1980. From the aforesaid facts and circumstances of the composition and organisation of the school it clearly appears that th..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. ......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. ......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. ..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 ...... those notarial acts will be valid and the power of attorney admissible in Bangladesh. If there is no reciprocal arrangement the question is whether by reference to s.14 of the Notaries Ordinance, 1961 it could be said that forei......ement of Registrar of that country is produced in India, the presumption of section 85 does not arise. These two decisions are not very relevant to the question before us. 18. We now turn to the facts of the present case. It appears that the power of attorney was authenticated before a Mag..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
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