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Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93. ......desh & others, 1977 BSCR 32; Serajuddin Bepari & others Vs. Mizanur Rahman & others, 29 DLR ($C) 82,; S.N. Gupta & Co. Vs. Sadaananda Ghoss & others, PLD 1960 Dacca 153. Lawyers Involved: Amirul Islam with Abdul Wadud and Asaduzzaman, Advocates-For the petitioner ......ge, Dacca in Misc. Appeal No. 414 of 1979 staying the order of temporary injunction passed by the Munsif, 3rd Court, Dacca should not be set aside. 2. The rule arises out of an application under Order 39 rule 1 of the Code of Civil Procedure praying for temporary injunction upon the defend..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
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 ......ee could not establish by leading evidence that he had (non notified co sharer) knowledge about the transfer, there is no scope for raising the question of waiver of the right……(8) Lawyers Involved: Abdus Salam, Sr. Advocate, instruction by B.C. Panday, Advocate-on-Record-For......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 ......LR (SC) 280; Rats vs. National Arbitration Tribunal, (1948) 1 KB 424; A Roberio vs. Labour Appellate Tribunal, 27 DLR 98; MS Nabisco Biscuit and Bread Factoty, W.P. No. 397 of 1974 (unreported), Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Altaf Hossain and A. W. Bhuiyan, Ad...... his applications under section 34 were incompetent. The Court, however, expressed the opinion that his applications can be converted to be under section 25 of the Employment of Labour (Standing Orders) Act, 1965 (hereinafter referred to as 'the Act'). On merit the High Court found that..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 ......rden Estates Ltd. and another Vs. Crabbe & others, (1957) 3 All E.R. 563; Facchini Vs. Bryson (1952) 1 T.L.R. at P. 1389; Finbow Vs. Ajr Ministry, in (1963) 2 All E.R. 647 AIR 1965 (SC) 610. Lawyers Involved: M. Hafizullah with Mahbubey Alam-For appellant (In S.A. 27 of 1966)......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 ..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. ...... Vs Shamsuddin Ahmed & others…………………Opposite parties Judgment November 30, 1979. Result: The rule is made absolute. Lawyers Involved: A.N.M. Ruhul Amin—For the Petitioner. Syed Badrul Amio—For ......at the appointment of defendant Nos. 1 and 2 as Nika Registrars for the same area is illegal, void and inoperative. Pending disposal of the suit he prayed for and obtained a temporary injuction under Order 39 rule 1 of the Code against defendant Nos.1 and 2 thereby restraining them from wo..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 ...... The Rules are accordingly disposed of. Case Referred to- General Manager, Southern Railway Vs. Rangachari, AIR 1962 (SC) 36 ; Nagnooor v: State of Mysore, AIR 1964 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Province of East Pakistan, PLD 1971 SC 82. Law......cretary and above to the Government. (Copies of the same are annexed to the petitions as Annexure 'A') There is also a Council Committee with the functions (as given in Establishment Division Order No. ED/SSB/1/79-276, dated 9th April, 1979), inter alia, to examine all proposals for promotio..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.
.......
Chairman, Rajshaht Labour Court & another.....................Respondents (In both the appeals)
Judgment
September 3, 1979.
Result:
The appeals are dismissed.
Lawyers Involved:
Asrarul Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Recor......M. Gaziul Huq, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Respondent No.2 (In both the appeals).
Civil Appeal Nos.8 & 9 of 1979.
(Arising out of judgment and Order dated 8-11.76 passed by the High Court Division in Writ Petition Nos. 654 and 655 of 1976.)
..
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. ......registered document shall not apply to gifts of immovable property by a Muslim. A valid gift of immovable property with building and structures inter vivos can be made under the Muslim Law by oral gift. According to Mslim Law an oral gift is complete as soon as the declaration of...... 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. ..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. ......Chandra Das vs. Rajani Kanta Pal, A.I.R 1918 Cal 923; Musammat Sundar vs. Musammat Parbati 16 IA 187; Joydeb Agarwala vs. Baitulmal Karkhana Ltd., (1964) 16 DLR (SC) 706; PLD. (1965) S.C 37. Lawyers Involved: S. R. Pal, Senior Advocate, with Habibur Rahman, Advocate, instructed by S.......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. ..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
......tious to intimate proceeding under President's Order No. 16 of 1972. So as to take properties which were not abandoned within the meaning of abandoned properties…….. (5 &7)
Lawyers Involved:
Anwar AH Khan — For the Petitioner.
Syed J.R Mudassir Hoisain, A.......7, 1979.
Result:
The rule is made absolute.
Owner of abandoned property has no legal authority to transfer the property-
An abandoned property within the meaning of the Presidents Order No. 16 of 1972 means-
any property owned by any person who is not present in Bangladesh o..
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
......urisdiction)
Present:
Shahabuddjn Ahmed J
Rafiqur Rahman J
Kazi Abdul Wahab......................Petitioner
Vs.
Bangladesh, (through the Secretary, Ministry of Law and Parliamentary Affairs, Law Division)…………………......ne, 1978 of the respondent, Government, of Bangladesh, represented by the Secretary. Ministry of Law and Parliamentary Affairs, removing him from his office under the provision of the President's Order No. 6 of 1972 Bangladesh Law Officers Order, 1972. The simple case of the petitioner is that a..
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 .......Petitioner Vs. Secretary, Ministry of Agriculture and others………….Respondents Judgment July 26, 1979. Result: The rule is made absolute. Lawyers Involved: Mahfuzur Rahman, Faruque Ahmed—For the Petitioner. A. Hasib—......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 ..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. ......lant Vs. Sujayat Ali and others……………………Respondents Judgment July 12, 1979. Result: The appeal is allowed. Lawyers Involved: M.A. Rouf, Senior Advocate, instructed by Md. Aftab Hossain Advocate-on-Recor......-on-Record - For the Appellant. B.C. Panday, Advocate on-Record - For the Respondent No.1. M. H. Khondker, Senior Advocate - Amicus Curiae. Civil Appeal No. 51 of 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). Judg..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
......ry of Home Affairs, Govt. of Bangladesh and others......Respondents
Judgment
July 6, 1979.
Result:
The rule is made absolute.
Cases Referred to-
Patna High Court, 50 Crl Law Journal, (1949) 47427 DIR., 34230 DLR (SC)-228
Lawyers Involved:
Razzaque Rahman&mdash......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
..
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 ......tive law—Discretionary power— Authority must exercise the power reasonably— Arbitrary exercise of the power without proper application of mind cannot be sustained….. (6) Lawyers Involved: Syed Ishtiaq Ahmed, Sr. Advocate, with Mahmudul Islam, Advocate, instructed b......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 ......ce on record. Thus, in the ultimate analysis it becomes a matter of appreciation of evidence……………….(5) Cases Referred to- P L D 1970 Dacca 707 Lawyers Involved: K.S. Nabi—For the Petitioner. No one—For the Respondents. ......e petition and on his failure to get relief he filed a case under section 34 of the Industrial Relations Ordinance, 1969 read with section 25 of the Employment of Labour (Standing Orders) Act, 1965. The Labour Court dismissed the case as not maintainable holding that the petition..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 .......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Result: The rule is made absolute. Lawyers Involved: M. I. Farooqui—For the petitioner. Kazi Shafiuddin Ahmed, A. A. G.......r liberation of Bangladesh he swore an affidavit of allegiance to Bangladesh in 1972 and he was a voter in the voters list prepared after liberation. The Bangladesh Citizenship (Temporary Provisions) Order, 1972. (P. O. 149 of 1972) was passed on 15th December, 1972. Article 2 of this order which is..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. ......t: Rules in each of the petitions are made absolute. Cases Referred to- American Life Insurance Co. Vs. Dacca Municipality in Civil Appeal No. 97 of 1977 disposed of on 23.5.1978. Lawyers Involved: Asrarul Hossain with A. Azim, Advocates- For the Petitioner (In bot......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. ..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. ......, Manicken Vs.Mamanathan Chettiar & others, AIR 1949 Mad 433, Babulal & others Vs.Mannillal, AIR 1953 Raj. 189; Hafasji Ibrahim & others Vs.Mangalgirji Mathurajirji, AIR 1946 Bom 201 Lawyers Involved: Ahmed Sobhan, Advocate-For the petitioner Abu Taher Chowdhury, Advocate......es. The matter has come to us on reference from a single judge of this Court. 2. We would at the beginning like to examine the provisions of the Civil Procedure Code relating to compromise. Order 23 Rule 3 of the Code deals with compromise. It reads as:- "Where it is proved to th..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 ......1979;31 DLR (Appellate Division); 33 AIR 1970 Cal. 179; University of Ceylon Vs. Fernando; Russell Vs. Duke of Norfolk (11); C.A. No. 52 of 1978, 31 DLR AD 33, (1977); 29 DLR AD 41;(1974) 26 DLR Lawyers Involved: Rafiqul Hoque, Fazlul Hoque, Md. Aminul Hoque—For the Petitioner H......LR AD 33, the question of principles of natural justice was considered and the decision in each case has been based on interpretation of Article 7 of the Government of Bangladesh (Services Screening) Order P.O. 67 of 1972, The Rules made under the P.O. 67 of 1972 do not provide for examination of wi..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
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