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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. ......ding Co. Ltd.................Petitioner Vs. M/S Overseas Traders .......................Opposite Parties Judgment March 10, 1981. Result: The rule is made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Khairul Huq, Md. Mahabub Alam—For the Petitio...... first application for reconsideration of the previous order but that was also rejected and the suit was decreed exparte. As against the said ex parte decree the petitioner filed an application under Order 9, rule 13 of the Code of Civil Procedure for the restoration of the suit to file. I..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....fer any power for imposition of tax on buildings. Constitutional Act in 1935 vested this power on the Provincial Government and so was in 1956 Constitution. Then came in 1958 the proclamation of Martial Law and the Constitution was abrogated but was retained by the Martial Law authorities ......….Respondents Judgment March 10, 1981 Result: Appeal is allowed. Case Referred To- American Life Insurance Co. vs. Dacca Pourashava (1979) 31 DLR (AD) 276. Lawyers Involved: T. H. Khan, Senior Advocate, Instructed by B C. Panday, Advocate-on-Record&md......58 the proclamation of Martial Law and the Constitution was abrogated but was retained by the Martial Law authorities for running the administration so far as practicable vide (Post Proclamation Order 1 of 1958 Laws Continuance Order). Municipal Administration Ordinance, 1960 was promulgated by..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 ...... Judgment March 4, 1981 Result: Rules are made absolute. Case Referred to- Afzalur Rahman Vs.King Emperor, AIR 1943 FC 18; Nagraj Vs.State of Mysore, AIR 1964 SC 269. Lawyers Involved: Abdul Molek with Syed Sakhawat Ali, Advocates-For the Petitioners Seroju......, 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 ..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 ....... Shuva Karan Rajgharia……………………..Respondent Judgment February 18, 1981 Result: The appeal is accordingly allowed. Lawyers Involved: Raftque-ul-Huq, Advocate-For the appellant. First Miscellaneous Appeal ......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 ......t clause of its memorandum of association--Government has the power to direct a registered trade organisation to alter or modify its memorandum and articles of association…….(9-11) Lawyers Involved: Hamidul Haq Chowdhury & Asrarul Hossain, Sr. Advocates, with&nb......rgoes meant for export and import and to run measuring. On October 15, 1979 the Ministry of Commerce directed the appellant to amend the aforesaid clause within 30 days. Before quoting direction this Order, mention may be made that a similar direction was previously given by the Government to the ap..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. ......the appointment letter is questioned on the ground of bona fide mistake. Mistake pre-supposes non-application of mind and in such case no right accrued to the respondent.........(6 & 7) Lawyers Involved: Abdul Wadud Bhuiyan, Deputy Attorney General, instructed by B. Hossain, Advoc......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 ......) Alternative remedy / Writ When the impugned action is without jurisdiction, the question of availing statutory alternative remedy does not arise…………. (25) Lawyers Involved: Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant......ted in the then East Pakistan, hereinafter referred to as "Barmah Shell". Prior to such taking over, Burmah Shell used to file returns and pay Urban Immovable Property tax. By an assessment Order dated 28.6.64, the Agricultural Income Tax Officer revised the valuation of the holding at God..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 ...... Administrator of Waqfs & others…………………..Opposite parties Judgment January 13, 1981. Result: The Rule is made absolute. Lawyers Involved: M. Nurullah, Advocate-For the Petitioner Habibur Rahman with Ahmed Nuru......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 ...... misconduct in a proceeding u/s 34 of Industrial Relations Ordinance, 1969--Terms and conditions of such employees are regulated by Town Improvement Act and rules ……….. (13) Lawyers Involved: Amir Hossain Khandker, Advocate, instructed by S.M. Huq, Advocate-on-Rec......nd rules framed thereunder— Dacca Improvement Trust is not a commercial or indurstrial establishment and its employees are not workers within the meanting of Employment of Labour (Standing Orders) Act, 1965 - Such employees connot enforce the provision of s. 18 of that Act relating to sub..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 ......……Respondents Judgment January 8, 1981 Result: The appeal is allowed. Case Referred to- M/s. Dulichand Omraolal Vs. Bangladesh 1981 BLD (AD) 1. Lawyers Involved: MS Dilichand Omraolal Vs. Bangladesh, 1981 BLD (AD). B.N. Chowdhury, Adv......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ..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 ...... Tara Singh State of Rajsthan, AIR 1975 SC 1487; Shyamlal Vs. State of U.P., AIR 1954 SC 369; Shiva Charan Vs. State of Mysore AIR 1965 SC 280; Bisnunarayana Vs. State of U.P., AIR 1965 SC 1967. Lawyers Involved: Islam, Zamiruddin Ahmed and K Z. Alam, Advocates, instructed by Md. Sajjadul ......on of this Act." 29. Mention may be made that previous to this enactment the Government of Bangladesh had enacted a similar law which is found in the Bangladesh Public Servants (Retirement) Order, 1972 (P. O. 14 of 1972). This statute was protected by the Constitution the relevant art..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 ...... Nath Marwari, AIR 1922 PC 269;Hari Mohan Dalai Vs. Permeswar Shanu, AIR 1932;Cal 308, Atul Chandra Sinha Vs. Kunja Behary Sinha, 27 CLJ 451 (1970), Nagendranath Dev Surendra De, ILR 1933 Cal 1. Lawyers Involved: Syed Ishtiaq Ahmed, Sr. Advocate, instructed by Abu Backkar, Advocate-on......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 ......act. The Small Causes Court has no jurisdiction to go into the question of title, except incidentally…… (4) Case Referred to- Ahmed Shah Khan Vs. Abdul Barkat, 11DLR 427. Lawyers Involved: S.R. Pal, Sr. Advocate, with B.N. Chowdhury, Advocate, instructed by A. Rab I......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)
....ip;……….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, 1980. Result: The petition is dismissed. Martial Law Regulation No. 1 of 1975, Regulation No.4(4) Whether the Government's power of......ip;…….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, 1980. Result: The petition is dismissed. Martial Law Regulation No. 1 of 1975, Regulation No.4(4) Whether the Government's power of review ......ral, instructed by MR Khan, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Special Leave to Appeal No.56 of 1980. (From the judgment and Order dated the 30th July, 1980 passed by the High Court Division in Writ Petition No.1050 of 1978.)..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. ......together. The petitioner being an employee of a corporation set up under the authority of P.O. 27 of 1972 is an employee under the State to be called a State employee as such…....(6) Lawyers Involved: Md. Nurullah with Mahbubul Hue Advocates-For the Petitioner. Md. Khalilu......udgment November 21, 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 S..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 ......ellip;…………………………..............opposite party Judgment November 18, 1980 Result: The Rule is discharged. Lawyers Involved: Abdul Malek, Advocate-For the petitioner. S.K. Sinha, Advocate-For oppos......ned Sub-divisional Magistrate dismissed the Complaint on 8-2-76, The Opposite Party No. 2 challenged the order before the learned Sessions Judge, Sylhet and the learned Sessions Judge by an Order dated 8-12-77 set aside the order of dismissal and directed further enquiry. In due course a M..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
....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
......ng 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 Khan, Advocate, instructed by Santiranjan Karmaker, Advocate-on-R......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
..
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 ......rder………… (5) Case Referred to- Kanti Ram Shil Vs. Sumitra Devi, 16. DLR 272; Mosharraf Hossain Vs. Bangladesh Jute, Industries Corporation, 29 DLR (SC) 168. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record-For the Appellants. Md. Aftab Hossa......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 ..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. ......hellip; Petitioners Vs. Bangladesh & others……………..Respondents Judgment September 11, 1980. Result: The rule is made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Kairul Huq, Advocates-For the petitioners. S.R...... 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. ..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 restoÂration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Ali Ekabbar and others…………………………Opposite Parties Judgment September 11, 1980. Result: The Rule is made absolute. Lawyers Involved: Md. Ayub - For the Petitioner. None - For the Opposite Parties. Ci......sposing of matter due to default in compliance with any direction of any Court or tribunal in any legal proceedings at any time after the 1st day of March, 1971, and before the commeÂncement of this Order are hereby declared null and void and the proceedings shall, on the commencement of this Order..Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29
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