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Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ...... down in Order 1, Civil Procedure Code. It was further observed that by virtue of section 141 of this Code the provisions of Order 1 are applicable to a pre-emption proceeding which is of original nature. Rule 9 Order 1, C.P.C Code provides that “No suit shall be defeated by reason of the ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. 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: 33 DLR (AD) 201, 1981 BLD (AD) 140. ...... order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ...... a public servant shall retire from service,, on the completion of the fifty-fifth year of his age: Provided that a public servant, whose-services are considered to be specialised or technical in nature or indispensable in the public interest and whose suitable replacement is not readily availab..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ...... and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......, the main question which is to be determined here is whether, after the nationalisation of the Company and its placement under the Corporation, it ceased to be a Company, or in other words, lost its nature and status as a corporate personality with which It was clothed at the time of its incorporat..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......ecution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......ry on the head on the left occipito parietal region. According to the Doctor's opinion death was due to shock and haemorrhage as a result of both the Injuries which were ante, mortem and homicidal in nature. 5. Material facts found by the Special Martial Law Court on the evidence led by the pros..Category: Constitutional Law | Date: | Hits: 292
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......he result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ...... Mohd. Fazil Ali vs. Karim Khan (1894) 108 PR 1894 was correctly decided". The Full Bench reviewed practically all the available decisions of different High Courts of the sub-continent to see the nature of controversies with regard to interpretation of the proviso to sub-section (1) and the natu..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......he power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ...... and the High Court Division held that the Kabala in favour of the plaintiff was invalid since the power of attorney was invalid as it was not registered and also because the authentication of the signature before the Magistrate at Alipore was not a legal authentication, since it was not authenticat..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......aside. Judgment and order of the lower Appellate Court are restored. Ed. ......that Order 1 of the Code of Civil Procedure deals with the question of the parties to a suit and by virtue of section 141 of the Code, the said provisions are applicable to a proceeding of original nature like the one under section 96 of the East Bengal State Acquisition end Tenancy Act. The disc..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is 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: ......he first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ...... 3. The question involved in the appeal is a question which ha been agitated for about a century in the superior Courts of the Subcontinent and conflicting opinions have been expressed as to the nature of an application for restitution of a property in pursuance of an adverse appellate decree. ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......83, 68. ......n on some blank papers and stamp papers produced by him. He told them those would be used for making a power of Attorney. According to the instruction, defendant No. 1 the plaintiffs jointly put signatures and thumb impressions on the blank papers and blank stamp papers. Plaintiffs put their..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ...... to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ...... of appeal against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a Court which from defect of jurisdiction, or other cause of a like nature, is unable to entertain it." 5. Of this sub-section (2) the only words which..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......al Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......he view—which is obviously erroneous— that "as the second party do not claim possession of the land the order will not be harmful, and that the order is also administrative in nature." The second party challenged the order before the High Court Division by a revis..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ...... Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......us decision made the impugned declaration in favour of the respondent. 6. It appears from the judgment of the High Court Division that the decision is based on the assumption that "The nature of reward as contemplated in rule 2 of the Resolution of the Ministry of Finance dated 18-8-..Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......eal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......nly to the matter of tenders for the Noakhali Textile Mills and contended that in view of some allegations regarding the tenders the President took the decision regarding his retirement. What was the nature of allegation was not stated. Government made a general complaint that some of ''his Annual C..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......harge the accused or order him to be retried by a Court competent to try the offence or (2) alter the finding maintaining the sentence, or (3) with or without altering the finding, alter the nature or event, or the nature and extent, or the sentence, so as to enhance or reduce the same.&q..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......urt Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......he rule of double jeopardy has no application in the instant case. 6. The learned Judges found with reference to the preamble of the President's Order No. 9 of 1972 that in view of the nature of allegations made against the respondents. President's Order No. 9 of 1972 has no app..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......the punishment is altered to compulsory retirement. No order as to costs. Ed. ......urisdiction the question of quantum of punishment is not ordinarily considered. Bat if in a particular case the punishment awarded is found harsh or unreasonably severe in consideration of the nature of the charges, the court may interfere therewith for the ends of justice. The impugned pun..Category: Employment/Service Law | Date: | Hits: 87
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......ppeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......ding the service of notice upon the respondent. "First, notice was served by personal service and secondly, by registered post which was proved by acknowledgment receipt bearing seal and signature of the defendant's firm. Besides, the High Court Division after having concurred with the tr..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......he extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......ubcontinent. It contains well-known principles for the protection of persons who transfer their property to their own disadvantage due to lack of mental faculty of fully understanding the nature and effect of what they are doing. The proposition of law is a special development which was..Category: Property Law | Date: | Hits: 57
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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This Case is also Reported in:
......e thereunder, such order cannot be called or deemed to be an order under the Ordinance. He, however conceded that had the expressions "if purported to be done” occurred in section 33 indicating the nature of the order, the ouster clause provided therein would perhaps have operated, Since these exp..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......re set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ...... This Court observed: "On perusal of the order of review we find it difficult to accept the view of the High Court Division that the Government did not apply its mind to the case." As for the nature of jurisdiction of the Court it was observed: "Mr. Moksudur Rahman does not dispute the p..Category: Criminal Law | Date: | Hits: 287
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