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Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ...... a public duty entrusted to him by the Government. 9. The principled therefore are will recognised as to who is an officer of the Government and so a public servant. We are in full agreement with a dicta laid down by the Supreme Court of India set' out above. That the a...... of 1960 was promulgated by the Zonal Martial Law Administrator of East Pakistan. Under this Marital Law Order, the Provincial Government was empowered to appoint an Administrator take over the management of the Company. But the said Order clearly recited that the Company shall continue to be a ..Category: Employment/Service Law | Date: | Hits: 81
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ...... the company, and that proof of the circumstances giving rise to sue a right. 66. Tested from this principle of Company law also, it is obvious that a share holder is not directly concerned with a full or irregular sale of a property of the Company and his interest in case of such a sale indirect......18) 46 I.C. 614—3 Pat. L.J. 516—5 Pat. L.W. 151; Bhavirichetti Gopala Krishnayya vs. P.P. Sanjeev Reddy, (1920) 55 I.C.333—38 M.L.J. 228; Kartick Chandra Vs. Nagendra Nath, AIR 1924 Pat. 319 : Ravi Nandra Prasad Vs. Jagannath, ILR 47 All.121—AIR 1925 A..Category: Property Law | Date: | Hits: 118
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....ot;Evolution of Ancient Indian Law" at page 12, has very little to say about the proprietary right of wives. She was however not incapable of acquiring properties despite a saying of Manu that woman could hold no property, but her property was naturally small, ornaments, domestic utens......far as possible and the encouragement of Sati that the retention by a widow of her deceased husband's estate is altogether incompatible with her renunciation of her status as a widow and I respectfully agree with the view of the Bombay High Court in Vitto Vs. Govinda that the invar......ment of the Chief Justice of Dacca High Court, sitting singly, allowing a Second Appeal and dismissing the plaintiff's suit. It raises the question as to whether under the Hindu Widow's Remarriage Act. (Act XV of 1856) a Hindu widow forfeits her right to her deceased husband's property on he..Category: Property Law | Date: | Hits: 59
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ......ent No. 1 was not maintainable, that the same was barred under Rules 56, 59, 63 and 61 of the Union Parishad & Paurashava (Election) Rules, 1973 and that the election in question was held peacefully in accordance with law, that there was no disturbance or firing at the centre of Ward No......he election petition, the appellant and Rakhal Chandra Dey, Respondent No. 2 a (opted unfair means in the election in collusion with the Returning Officer and by exercising undue influence they managed to select election centres and Presiding Officers and Polling Officers of their choice. ..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ......bour Court, by its order dated 8-8-67 held that the agreement entered into between the Company and the Union had no legal effect and directed the Company to reinstate all the complainants with full back wages and other benefits due to them. 5. Respondent Company thereupon ...... by special leave is against a judgment of a Bench of the Dacca High Court, setting aside an order of the Labour Court, on an application made by Respondent No. 1, and incorporated Company engaged in carrying passengers and cargoes by steamers, under Article 98 of the then Constitution..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ...... shall be paid compensation, which shall be determined in the manner, and in accordance with the principles set out in the section. All the diverse provisions of the section need not be set out in full, except the proviso to clause (e) which is material for our consideration. The substance ...... the Deputy Commissioner. 4. At the hearing of the application, the dispute centred round two questions: the question of compensation, and the rule governing the assessment of the average value of the lands in the vicinity of the acquired lands. 5. The Arbitrator considering..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......error in interpreting the expression ''such other areas" occurring in the said section and in holding that the Notification dated 30-1-1958 was a valid notification under the law and was fully operative to make the Act applicable to Paschim Sholashahar. The learned counsel has con...... 1940 A.C. 206 same case (1939) All. E.R. 464; Vacher and Sons Ltd. Vs. London Society of Compositors 1913 A.C 107; Powell Vs. The Kempton Park Race Course Company Limited (1899) A.C. 143 at page 157; Attorney General vs. Prince Ernest Augustus of Hanover, 1957 A.C. 436 same case 1957 (1) ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......be an incumbent. The same principles as applicable to public offices in such cases are applicable here (at page 328). The following passage relating to the writ of quo warranto may also be usefully quoted from the same book: “The English rule is, that to justify, quo warranto to try ti......ty of Delhi, AIR 1958 SC 1050, S. R. Tewari vs. District Board, Agra, AIR, 1964 S. C, 1680, Life Insurance Corporation of India vs. Sunil Kumar Mukherjee, AIR 1964 SC 849; Rathaur vs. Divisional Manager Life Insurance Corporation of India, AIR 1961 All 502; Rangachari Vs. Secretary of State, AIR 1..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......o recite all the facts leading to the filing of this appeal, which may be found in the judgment of my learned brother. I am setting out there my reasons in support of the view to which I have regretfully come, disagreeing with the view of my learned brother. 23. It has been argued by the ......ast mentioned notices were published after the amendment by Ordinance III of 1965, the learned Attorney-General has rightly abandoned the point, as the governing law will be two years average in terms of the amended law and in force before the final publication of the notification unde..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ...... 18. It reads as follows: (5) No tenant shall be entitled to the benefit of this section in respect of any premises unless he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time, fixed in the contract, with his landlords......ired to be paid under sub-section (5) of section 18. (3) Where the landlord has left his usual place of residence and his address and whereabouts are not known to the tenant and there is no agent of the landlord within the knowledge of the tenant to receive rent specified in section 18..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....ntence were set aside and the appellant Upendra was acquitted. 11. In the case of Ijjatulla Akanda vs. Emperor the allegations against the accused persons were that they had abducted a woman named Abeda Khatun who was later found to be dead and on the medical evidence death was estab...... to be put in danger, of being murdered is established. The learned judges further observed as under: "The proof of this 'intention is indeed difficult. This must be carefully kept in view in drawing a conclusion from the facts and circumstances of each case. The in...... of Sitakunda Police Station and thereby aided and abetted the occupation force in maintaining and sustaining the illegal occupation of Bangladesh. In doing so they actively resisted and sabotaged the efforts of the people as well as of the liberation forces of Bangladesh. The further prose..Category: Criminal Law | Date: | Hits: 61
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... order dated 12-8-1998 and passed by the High Court Division in Criminal Appeal No. of 1994) Judgment Md Gholam Rabbani J.- The two appellants who are the full brothers named Nibir Chandra Chowdhury and Goutam Chandra Chowdhury were placed on trial along......00 of the Penal Code. According to the second clause the offence is murder, if the offender knows that the particular person injured is likely, either from peculiarity of constitution, or immature age, or other special circumstances, to be killed by an injury which would not ordinarily cause his..Category: Criminal Law | Date: | Hits: 59
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......om disturbing peaceful possession of the plaintiff of that suit by entering in Plot Nos. 329 and 331 of CS Khatian No. 128 of Mouza Bara Maghbazar, Dhaka. That suit was decreed on 19-5-1990 giving full relief to the plaintiff and against that defendant Abdus Sobhan preferred Title Appeal No. 214......ppellate Court found to be illegal but the Court Division overlooked this aspect of the matter. It is also submitted that the appellate Court found that the plaintiff in collusion with the engaged lawyer of the defendant practiced fraud upon the trial Court when the learned Advocate for the..Category: Property Law | Date: | Hits: 74
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ......e retirement order issued by Administrative Division of Bapex, a Subsidiary Company of Petro Bangla by Memo dated 15-5-1996 retiring him from service with effect from 20-4-1993 when he attained the age of 57 years and adjusted salary and other benefits he received from 21-4-1993 to 15-5-1996. ..Category: Employment/Service Law | Date: | Hits: 71
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
..... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ......f one Syeda Reba Habib for consideration of Taka 20,000.00 as earnest money before executing and registering the sale deed. The said Id Shamsuddin died on 20-2-73 leaving behind his mother and two full brothers as his heirs. In Succession Case No. 377 of 1980 Subordinate Judge, 3rd Court, Dhaka....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ..Category: Property Law | Date: | Hits: 57
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......igh Court Division and it appears that only the prayer portion of the plaint was allowed to be amended and in so doing the High Court Division found that no illegality has been committed. We are in full agreement with the finding of the High Court Division. The learned Advocate for the petitione......ischarged the Rule. 3. Mr. MA Jalil, the learned Advocate appearing on behalf of the petitioners submits that this amendment allowed after remand of the suit has caused miscarriage of justice as it has changed the nature and character of the suit. 4. Mr. ..Category: Procedural Law | Date: | Hits: 82
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....p; 337 The offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immoral act with the woman, even though no charge for the offence of immoral act has been framed, conviction for immoral...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ...... been falsely implicated in this case by the police at the instance of their enemies. On behalf of accused Rajib Kamrul Hasan it was specifically suggested that he was implicated in the case to damage the reputation of his father and uncle Golam Mowla who was a political leader. The case has bee..Category: Criminal Law | Date: | Hits: 72
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ......Secretary, Ministry of Establishment submits that the respondent is not entitled to arrear pay and allowances from 1-10-1982 to 5-6-96 as there is nothing on record to show as to whether he was gainfully employed during this long period and in the absence of this finding both the tribunals below......wances from 1-1-10-1981 to 5-6-96. In reply to this, the petitioner while filing the written objection did not raise any issue as to the fact that the respondent was working somewhere or he was engaged gainfully in some profession or business for which he is not entitled to the arrear pay and al..Category: Administrative Law | Date: | Hits: 117
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......that the power of suspension of a worker of the local Dock Board for any disciplinary function was given to the Local Dock Board, the local Board had no authority to del that power to the Port Manager and there the suspension by the Port Manager was a nullity. ..Category: Election Law | Date: | Hits: 144
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ...... The Code of Civil Procedure 1908 (V of 1908), Order XLVII rule I What the petitioner failed to get in the appeal after a full-fledged argument can not be obtained in a review petition. Reconsideration of points wrongly o......r on 1-7-1986 keeping existing calculation for overtime by operation of clause (c) of the agreement dated 26-2-1986 and that the claim of overtime allowance at the rate double the rate of ordinary wages in excess of 38½ hours and 44 hours is not allowable unless they work for more than 48 ..Category: Labour and Industrial Law | Date: | Hits: 128
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