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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 ......a certified copy of the Kabala on March 8, 1973 they came to know for the first time about the transfer of the case land. Their further case is that no notice of sale was served upon them and that in order to avoid pre-emption the kabala was registered in a different Sub-Registry. 3. The trial ..

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     ......os. 863 do 864 of 1974. Judgment K. Hossain CJ. - I concur with the deci­sion of my learned brother Fazle Munim, J. Fazle Munim J. - These appeals arise from the same judgment and order of the High Court passed in Writ Petitions No. 863 and 864 of 1974 on January 7, 1977. In Civi..

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         ......in the property to use the same for the purpose of the plaintiff's gain." Mr. Das argues that the circumstances make it quite clear that the defendant No. 1 was given exclusive possession in order that a full right may be created in his favour and in order that he may use the suit land to h..

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.   ......l 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 reversing an order..

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 ......ry obligation to place their cases to the Council Committee for consideration and making re­commendation to the President, whose approval is the final legal requirement before the issuance of the orders for promotion. It was also stated that the Establishment Division issued impugn­ed Notifi..

Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1

General Manager, Bogra Cotton Spinning Co. Ltd. Vs. Chairman, Rajshaht Labour Court & another, 1979, 8 CLC (AD)

....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. ......r dated 8-11.76 passed by the High Court Division in Writ Petition Nos. 654 and 655 of 1976.) Judgment Badrul Haider Chowdhury J.- These two appeals by special leave are directed against an order of the High Court Division in Writ Peti­tion Nos. 654 and 655 of 1976. The points for..

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 against the belated amendment of the plaint and to examine the witnesses with a view to con­trovert the genuines of the documents by hand­writing expert if the defendants so desired. In the order of remand it was further directed that both the suit and the Succession Certificate case shoul..

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. ......ained of. Beyond this no further general formulation is either neces­sary or desirable. We have 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

Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

....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   ......itioner. Syed J.R Mudassir Hoisain, A.A.G—For Respondents. Writ Petition No. 277 of 1977. Judgment Rafiqur Rahman J.- The petitioner by this writ petition has challenged an order dated 18.7.77 issued under signature of respondent No. 2 Section Officer, Ministry of Works ft..

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

....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   ...... No. 614 of 1978. Judgment Shahabudin Ahmed J.- The petitioner, former Deputy Attorney General (Criminal), has challenged in this petition under Article 102 of the Constitution an order dated 10th June, 1978 of the respondent, Government, of Bangladesh, represented by the Secreta..

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   ......man, Faruque Ahmed—For the Petitioner. A. Hasib—For the Respondents 2-5. Writ Petition No. 673 of 1978. Judgment Shahabnddin Ahmed J.- This rule is directed against an order dated 27.7.78 of respondent No. 5, Joint Secretary, Bangladesh Agricultural Development Corpor..

Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2

Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)

....ear or contest the suit in the Courts below. The prayer was allowed on 30.5.1973. It appears that the respondents 3(5), 32, 33, 35, 50, 51, 52 and 65 died during the pendency of the second appeal. An abatement order as required under the Appellate Side Rules was noted by the Registrar on 11.7.77 rec......test the suit in the Courts below. The prayer was allowed on 30.5.1973. It appears that the respondents 3(5), 32, 33, 35, 50, 51, 52 and 65 died during the pendency of the second appeal. An abatement order as required under the Appellate Side Rules was noted by the Registrar on 11.7.77 reciting that..

Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95

Shaikh Keramat Ali Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1979, 8 CLC (HCD)

....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   ...... addressed to the Deputy Commissioner by the superintendent and Remembrancer of Legal Affairs, it appears that the legal advisers of the Government were under the impression that the Government could order a summery or full-dress enquiry for the purpose of satisfying themselves whetherthe prosecutio..

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 ......, Advocate-on-Record-For the Respondent 7-8. C. A. 73 of 1979 from W. P. 494 of 1979  Judgment Ruhul Islam J. - This appeal by special leave is directed against the judgment and order of the High Court Division dated February 22, 1979 in Writ Petition No. 494 of 1978. 2. T..

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   ......d: K.S. Nabi—For the Petitioner. No one—For the Respondents. Writ Petition No. 103 of 1973. 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 mainta..

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   ......ted. The main contention is that the petitioner having filed an application to the International Committee of Red Cross had disqualified himself to be a citizen of Bangladesh and as such the impugned order cannot be challenged. 4. Mr. M.I. Farooqui, the learned Advocate appeared for the petitio..

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.   ......assessments in conformity with the relevant Model Tax Schedule and to refund the tax paid in excess if any, to the petitioner. Having regard 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 ..

Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1

Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)

....herefrom to which the procedure provided in the Code would apply. 6. There is no direct decision on this point by any of the High Courts of this sub-continent. While dealing with the question of abatement, some of the High Courts found that the abate­ment procedure does not apply to the Civ......nst 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 subject to the law of limitation. But this question no more requires examination. The..

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   ......dul Hye—For the Respondent. Writ Petition No. 438 of 1978.  Judgment Shahabuddin Ahmed J. - This rule under Article 102 of the Constitution is directed against an order dated 13.4.78 of the respondent, the Bangladesh Trading Corporation, briefly, the Corporation,..

Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1

Md. Bokiotullah Vs. Chairman, Council of Cadet Colleges and Secretary Mi¬nistry of Defence, Govt. of Bangladesh, 1979, 8 CLC (HCD)

..... 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   ......M. Huq, A A.G.—For the Respondents. Writ Petition No. 1 of 1977 Judgment Chowdhury A. T. M. Masud J.-This Rule was issued calling upon the respondents to show cause as to why the order of compulsory retirement of the petitioner as contained in Annexure "F" dated 11-12-..

Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1