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Archana Proshad Nandi Vs. Miss Chilia Ran­dolph and others, 1981, 10 CLC (AD)

....eal is allowed. The suit is decreed to the extent of 2/3rd share of both the defendant 1 and 3 on payment 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. &nb......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.   ..

Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234

Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)

..... 45 & 102 Scope of Enquiry and Interference in Habeas Corpus— Writ - Habeas Corpus--Court Martial- High Court Division has no jurisdiction to interfere with the decision and order of Court Martial except on limited grounds of Coram non judice and malafide—  ......o give different interpretation of a provision, and means, therefore, have to be provided, for the resolution of such conflict. Written Constitution provides a standard by which the legitimacy of the Government's action is to be judged, and it is the function of the Court, which, is endowed with..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

....Acquisition Officer. Dacca, respondent No. 3. They preferred separate appeals before the commissioner, Dacca Division. The Additional Commissioner Dacca Division rejected their appeals by a composite order. They preferred revisional applications before the Minister, Land Administration and Land Refo......t of the plots to their shareholders when they received the notice of requisition which covered their purchased land. The requiring body, the petitioner alleges, has been floated by a handful of high Government officials and businessman, who had ho earlier experience or performance to their credit. ..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Managing Partner, Messrs, Bank Line Na¬vigation Company Vs. Chairman, Second La-bour Court, Dacca and other, 1981, 10 CLC (HCD)

.... to 8 and 285 of 1980. Judgment Sultan Hossain Khan J.— The Rules in Writ Petition Nos. 6-8 of 1980 under Article 102 of the Constitution are directed against a judgment and order passed by the Second Labour Court. Dacca. Facts in short are that the respondent No. 2 in......is single act of neglect would not amount to a misconduct under Employment of Labour (Standing Orders) Act. In terms of the conditions of the survey certificate issued by the Marine Department of the Government these vessels were not to ply at night but in violation of the conditions of certificates..

Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2

A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)

....tes— For the Respondents. Writ Petition No. 297 of 1980. Judgment Sultan Hossain Khan J. — This rule un­der Article 102 of the Constitution is directed against certain orders of promotion supersed­ing the petitioner, directing a committee to examine the certificat......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. ..

Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....lieved on resignation of the offices held under the Government of Bangladesh he was not entitled to hold the diplomatic passport. He did not also change the profession shown in the gratis passport in order to reflect his correct status. Before expiry of the validity of the gratis passport (No. B1345......din Ahmed, Advocate, Supreme Court of Bangladesh, 40, Dhanmondi Residential Area, Road No. 4 A, Dacca-9………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Hom..

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 ..

Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0

Bengal Water Ways Ltd & Another

....72(2) All. E.R. 492. This was an appeal by one Ebrahimi, against the decision of the Court of Appeal, allowing an appeal by the respondents, against the judgment of a learned single Judge, whereby he ordered the winding up of the company on a petition presented by the appellant under Section 22......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     ..

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)

....vocate for the appellant. In the result the appeal is dismissed. The Judgments and decree of the Courts 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  ......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)

....has placed before us two unreported decisions of the Appellate Division Civil Appeal No.80 of 1978. Trading Corporation of Bangladesh Vs. Makhan Lall & Co. Ltd. and others was directed against an order of the High Court making an adinterim injunction absolute. The purchaser in that case invoked ......plaintiff corporation decided that they would not require the balance quantity of 437½ L/tons of paddy seeds and so there could not be any question of non-performance of the contract, that the Government of India declared a state of Emergency on 20.10.62 and the defendant No. 2 could not supp..

Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2

Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)

....lip;….Respondent Judgment June 25, 1981 Result: Appeal is allowed. Banking Companies Ordinance (LVII of 1962), Section 62 Banking Companies Ordinance - Winding up order made— A matter pending before the High Court Division or Appellate Division on appe......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 ..

Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0

Southern Fisheries Ranong Corporation and others Vs. Kingfisheries Industries Ltd. and others, 1981, 10 CLC (HCD)

.... Moazzaem Hossain, D.A.G. (Criminal)— At the request of Court. Appeal from Original Order No. 501 of 1981. Judgment Abdur Rahman Chowdhury J.— This appeal arises out of an order passed by the learned Subordinate Judge directing attachment of four Trawlers. 2. Facts, ...... facts and circumstances of the case. 13. We accordingly direct the Bureau of Ami-Corruption to take appropriate and necessary steps in consultations with the Deputy Attorney General (Criminal), Government of Bangladesh to prosecute the delinquent under the law and lodge complaint before the Sp..

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)

....A.Y. Salimuzzaman, Assistant Attorney General—For the Respondent. Appeal from Original Order No. 3 of 1973 Judgment Abdur Rahman Chowdhury J. — This appeal arises out of an order passed by the learned Subordinate Judge directing the execution case to proceed in accordance ......on (Criminal Appellate Jurisdiction) Present: Abdur Rahman Chowdhury J Abdul Matin Khan Chowdhury J Sasanka Sekhar Bose @ Mona Bose....................Appellant Vs. Government of Bangladesh.........................Respondent Judgment May 5, 1981. Re..

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)

....f the resolution of the Syndicate he was dismissed from the service of the University with effect from the 13th January, 1972. He then filed a writ petition in the High Court Division challenging the order. 4. The Screening Board found him guilty of the three out of the four charges originally ......hellip;……………………………….. Respondent  Judgment April 30, 1981 Result: Appeal is dismissed Government of Bangladesh (Services Screening) Order, 1972 – Whether Three clauses of Art..

Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67

M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)

....he Petitioner. Abdur Rab-II—For the Opposite Party. Civil Revision No. 325 of 1981. Judgment Abdul Wadud Chowdhury J. — This rule is directed against the judgment and order passed by the learned Additional District Judge, 4th Court, Dacca dated 20.12.79 in Misc. Appe......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. ..

Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1

Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

.... Appellant. Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.— For the Respondent No. 1 Civil Appeal No. 103 of 1980. (From the judgment and order dated 31-5 -79 passed by the High Court Division in Writ Petition No. 135 of 1980.) Judgm...... the Dacca Municipal Corporation to comply with the provisions of the Model Tax Schedule, under section 35 of the Municipal Administration Ordinance, 1960. It is admitted by both the parties that the Government had direc­ted by notification that the levy of Munici­pal Tax and Urban Immoveabl..

Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

....ion 197 Cr.P. C. was necessary before taking cognizance, placed the case before the Sub-divisional Magistrate for necessary action. On 28-2-30 the learned Sub-divisional Magistrate after perusing the order passed by the learned Magistrate on 20-2-80 and being of the opinion that sanction was necessa......the Sub-Inspector of police and the police consta­bles were committed while acting or purporting to act in the discharge of their official duty and they acted in their capacity as servants of the Government and as Public Officers and as such sanction under section 197 of the Cr.P.C. is necessary..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1

Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)

....d. Lawyers Involved: Raftque-ul-Huq, Advocate-For the appellant. First Miscellaneous Appeal No. 177 of 1975 Judgment Abdur Rahman Chowdhury J.- This appeal arises out of an order passed by the Subordinate judge allowing an application under section 47 of the Code of Civil ......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     ......lip;……… Respondent  Judgment February 10, 1981 Result: Appeal is dismissed Trade Organization Ordinance (XLV of 196(1); Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, meas..

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)

....-on-Record-For the Respondent. C.A. 113 of 1980 from Writ Petition No. 265 of 1978. Judgment Badrul Haider Chowdhury J. - This appeal by special leave arises from the judg­ment and order of the High Court Division dated 8th August, 1979 in Writ Petition No. 256 of 1978. 2. Th......ity could not exercise the inher­ent Power at will. It appears that the learned Judges of the High Court Division have not seen the case from the proper perspective, namely, that the stand of the Government is that the respon­dent was never selected by the Selection Board, but somehow by mis..

Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1