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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 ......ble right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interest in the land in question the preemption case fails. On the death of the pre-emptor this right is not lost,......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 ......referred to as "the Ordinance") were filed by him, the grounds of challenge being that the proceedings drawn by the company were hit by sections 15 and 47 of the Ordinance. The company questioned the employee's competence to present the aforesaid applications before the Labour Cou......es Finlay & Co. Ltd. (hereinafter called "the Company”, is the appellant. The company which is the appellant in Civil Appeals No. 26 and 27 of 1978 is the employer. 3. As the facts involved and the points of law raised in these appeals are common, they were heard analogously..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 ......d. He denied execution of any license document. He hold the homestead which-is the subject matter of T.S. No. 98/58 as nonkar tenant as he rendered services to the plaintiff. He built all the huts in question at his own cost. After the State Acquisition and Tenancy Act, 1950 he held the land as tena......s on property which is in his possession. No tight in rem passes to the licensee.” It remains to be seen how far the appellate Court below has correctly applied the above principles to the facts and circumstances of the case. 12. Mr. M. Hafizullab, learned Advocate for the appellant,..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. ...... Syed Badrul Amio—For opposite party No. Civil Revision No. 614 of 1979 Judgment Shahabuddin Ahmed J.- This rule under section 115 of the Civil Procedure Code calls in question an order dated 30-4-79 of the District Judge Tangail, in Misc. Appeal No. 34 of 1978 revers......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 ......ed by the Government of Bangladesh determining the seniority of officers who were formerly members of different Pakistan services after their appointment in various cadres of posts in Bangladesh. The question of enunciating principles for determination of seniority and of preparation of seniori......eir promotions have been approved by the President. 19. Affidavits-in-reply were field on behalf petitioners denying the allegations made in the affidavits-in-opposition and reiterating the facts stated in the petition. It was further stated in the affidavits-in-reply that the continu..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
......of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
......tween the workers and the management, the workers compensated the loss of the working day by working 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 r..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... 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. ......t see him taking or giving any property without document. In this connection it is seen from the records that there is no evidence that the donor made any oral gift except the present one and as such question of witnessing or having made any other such gift before did not arise. His further depositi......se of verbal gift to defeat the claim of these defendants in the disputed property and that the suit ought to be dismissed and the succession certificate should be granted to the defendants. The facts relating to the succession case need not be stated separately since the defendants' defenc..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....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. ......reed the suit in preliminary form. On appeal by the plaintiff the learned Judges of the High Court allowed the appeal and raised tae share of the plaintiff to 1/3rd. Leave was granted on the two questions on which the suit was mainly contested. 2. Mr. Pal the learned Counsel for the appell......Appeal No. 32 of 1979. (From the Judgment and Decree dated 15-12-76 passed by the High Court in F.A. No. 195 of 1974) Judgment K. Hossain CJ.—The defendants are the appellants. The facts in dispute are not much and they may be set out in a few words. The plaintiff and the two..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
......rney Genera], appearing for the petitioner and respondents respectively, and gone through tie petition, the affidavit-in-opposition, the affidavit-in-reply and the annexures thereto.
5. The only question is whether the holding could be treated as an abandoned property within the meaning of Pres......timate proceeding under President's Order No. 16 of 1972. so as to take properties which were not abandoned within the meaning of abandoned properties. Be that as it may, the Rule, in view of the facts of the case, should be made-absolute.
The rule is, accordingly, made absolute and the imp..
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
......tution and that Article 4(1) of the President's Order No. 6 of 1972 being in conflict with Article 135 of the Constitution will not be applicable in the case of the petitioner. The main question, therefore, is whether the petitioner is a person in Article 152 of the Constitut......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
..
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 ......Manager. The impugned order has certainly reduced the petitioner in rank and as such it is violative of the Corporation's Service Regulation. 5. Mr. Hasib has, at the last resort, raised the question of maintainability of the Writ Petition taking the ground that there was alternative remedy......ns Procedure, which has been knocked down by the impugned order for correcting a mistake committed at the time of earlier promotion given. 5 years ago i.e., on 20-8-73. We appreciate the admission of facts by the Corporation that due to mistake committed by their officers the earlier promotion was g..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. ...... 1979. (From the Orders dated 6.6.78 and 12.4.78 passed by the High Court Division in S.A. No.185 of 1972). Judgment Kemaluddln Hossain CJ.- Appellant is one of the defendants and the question in this appeal by leave, though a short one, is not devoid of some public importance as the......n this appeal by leave, though a short one, is not devoid of some public importance as the true scope and import of proviso to Rule 11 of Order 22 of the Code of Civil Procedure is involved. Detailed facts in controversy between the parties need not be set out excepting that the appeal arises out of..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
.......M. Hoque A.A.G.—For the Respondents.
Writ Petition No. 159 of 1978
Judgment
Shahabuddin Ahmed J.- This rule under Article 102 of the Constitution calls in question the legality of a notice dated 15.11.77 (Annexure-F) of the Chairman, Baintala Union Parish......s to support the intended enquiry taking the ground that it is not a judical enquiry but it is an administrative enquiry for a different purpose, such as, for the purpose of ascertainment of the real facts so that the Government could be satisfied that it is a fit case in which the public prosecutor..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......ully moved the Writ Petition which was ultimately dismissed. On perusal of the judgment of the High Court it appears that the Writ Petition was dismissed mainly on the consideration that (a) The question whether the Dhaleswari River fishery is an open fishery or closed fishery is a questio......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
....ly made absolute. Since the rule is not opposed, we make no order as to costs. A. T. M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 301 ......e Labour Court has relied on a decision reported in P L D 1970 Dacca 707 and held that petitioner being a Supervisor under Respondent No. 2 was not a worker. We have had occasion to consider the same question in a similar case in Writ Petition No. 71 of 1971 wherein also the aforesaid decision came ...... Judgment Abdul Rahman Chowdhury J. - This rule is directed against an order passed by the Chairman, Labour Court Khulna dismissing the petitioner's case as not maintainable. 2. Short facts leading to this rule are that while serving under Respondent No. 2 as Stores and Equipment Sup..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC
.... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29 ......hafiuddin Ahmed, A. A. G.—For the Respondents. Writ Petition No. 916 of 1977. Judgment Rafiqur Rahman J.— This Rule under Article 102 of the Constitution calls in question a Memorandum bearing No. 1286-1/mn/111, dated Dacca, the 5th October, 1977 issued from the ......ship certificate on 17.3.75 which has been refused by the impugned memo Annexure-I. 3. The petitioner has been opposed by the Respondent No.1 putting in an affidavit in opposition. So far as the facts as stated in the petition are concerned, these are not disputed. The main contention is that t..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414. ......stan at present called the Sonali Bank. There are two petitions on record for substituting the present name of the petitioner as stated above which we hereby allow. Since consideration of common questions were involved in these two matters, the petitions were heard analogously and are being dis......rty Tax was in force, the two taxes together, viz. the property tax and the building tax should not exceed 17% when the annual value exceeds taka 10,600/-. 5. In view of the aforesaid undisputed facts and the earlier decisions of this Court in similar matters. Mr. Asrarul Hossain has contended ..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ......r section 96 of the East Bengal State Acquisition and Tenancy Act and is directed against the concurrent decision of the Courts below allowing pre-emption. This rule was issued for examination of the question whether the addition of parties made in compliance with the Court's order would be......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ......uspected the petitioner also and drew up a departmental proceeding against him asking him to show because why disciplinary action would not be taken against him for misappropriating the properties in question. He submitted explanation denying the allegations whereupon an enquiry was held into the al......ct on any information which they may receive unless they put it to the party against whom it is to be used and give him a fair opportunity to explain it. What is a fair opportunity must depend on the facts and circumstances of a case.” 11. It may be mentioned that this case was decided un..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
.....
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
...... every case". None of the witnesses stated that the Principal requested them to add inflated marks in the tabulation sheet or to get the said two cadets admitted. This court may not consider the question about the sufficiency or adequacy of evidence in support of a particular conclusion but the......tioner was placed under suspension after due inquiry after giving him all opportunity to defend himself It was further stated that the petitioner was served with a copy of charges with a statement of facts on which the charges were based. Moreover, the full facts on which charges were based were enu..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
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