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Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....atun and others and learnt from them that prisoner Abdur Rashed had inflicted Dao blows on Maleka and then ran away towards east. The remaining two witnesses are P. W. 3 Dr. Salahuddin who held the post-mortem examination on the dead body of Maleka and P.W. 6 Mir Murtaza Ali who investigated the ......r over any proposed gift of properties. 16. The defence took plea of alibi. According to the learned Judges the plea of alibi taken by the defence was not substantiated. It is to be remembered that if the plea of alibi is not believed, it does not necessarily follow that the prisone......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....quot;I have executed the deed of absolute sale and jointly received Rs. 2,000/- as per recitals in the body." The recitals also showed that the passing of title the vendee was not to be postponed to any date beyond the date of execution of the document. Intention of the vendor was mad......l other persons by means of pre-emption. The law of 'shufa' has been developed out of some 'hadises' (tradition) of the Prophet of Islam. Its foundation seems to be based on the principle that all members of the society should attempt to preserve joint nature of their ancestral property. It may ...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ..Category: Property Law | Date: | Hits: 45
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....r of the company when he ceases to be the Secretary and under the law he is obliged to execute a deed of transfer to the Secretary of the Corporation whoever may be the individual holding such post: Only because the overwhelming share-holding interest of the company is vested with Petroleum ......una Oil Company Ltd., a private limited company incorporated under the Companies Act, 1913 is required to hold the Annual General Meeting of the Members, or is a special type of 'one-member Company' established under section 8(2) of the Petroleum Act of 1974 and that Bangladesh Pet......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......nd originally belonged to the appellant Baitul Aman Co-operative Housing Society Ltd. a registered Society under the Bengal Co-operative Societies Act 1940 and proforma-defendant No. 3 being a member of the society got allotment of the suit land for consideration who in his turn sold it to ......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
..... Fazle Munim J.- This appeal arises from the judgment and order of 3 Bench of the High Court Division passed in Writ Petition No. 489 of 1980 on July 26, 1980. 3. The appellant who held the post of Professor of Medicine and Director of the Institute of Post-Graduate Medicine and Research......who on the basis of having at any time been in the service of Pakistan purports to claim any right to employment in the service of the Republic, but does not include any person who— (i) is a member of any defence service, (ii) is a teacher or employee of any University, (iii) empl......, 227 ; Pakistan vs. Liaquat Ali Khan (1959) 11 D.L.R (SC) 73; Zaibtun Textile vs. Central Board of Revenue PLD 1971 Kar. 333; Regional Manager vs. Pawan. K. Dubey AIR 1976 S.C. 1966; Roshaon Lal vs. Union of India AIR 1967 S.C. 1852; Dinesh Ch. Sangma vs. State of Assam AIR 1978 S.C. 17; Jyoti Pros......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. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....t Division passed in Writ Petition No. 471 of 1979 on July 9, 1979. 2. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (hereinafter called the Enterpris......any consequence to follow, or requiring any act or thing to be done, or entitling any person to do any act or thing or take any action whatsoever, as a result of a reduction in the number of the members of such industrial enterprise below a certain number, shall be of no effect in relation to ......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: ......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: ..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....Syeda Begum falsely fabricated a story of suicide and through his brother Iftekheruddln alias Babul lodged a complaint in the Motijheel P.S. to that effect. Dr. Mozammel Huq Chowdhury carried out the post mortem examination on the dead body of Saleha Begum but without proper investigation submitted ......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. ......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. ......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. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... of 1976 on December 6, 1977. The respondent who joined the police service in 1962 as a Sub-Inspector of Police was promoted as an Inspector of Police in 1972. When he was Inspector of Police, he was posted in Mohammadpur Police Station, Dacca as the Officer-in-Charge. While holding this office he w...... Judgment January 31, 1979. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Articles 133, 102(5), 102(2)(a)(ii). Being an inspector of police the respondent is a member of disciplined force. A court or tribunal set up under the law to deal with any matter relati...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......e Tribunal to decide the case fully and finally by itself on the merit. 4. Article 5 provides for constitution of a Tribunal for each Sub-Division. A Tribunal consists of a Chairman and two members, all to be nominated by the District Judge. The Chairman is to be nominated from amongst th......y;deration may be stated thus: Respondents 1 and 2 challenged legality of the order of the Tribunal and filed an application under Article 7(5) of the President's Order No. 13 of 1972 with Boxirhat Union Arbitration Court. The Arbitration Court forwarded the record of the case to the Thana Magis......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ..Category: Constitutional Law | Date: | Hits: 153
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ndamental Right on September 16, 1965 by the Emergency proclaimed in the country on September 6, 1965, sections 4 and 6 of Ordinance 1 of 1964 did not receive, because, according to them, once post constitutional provision is declared void being in violation of any Fundamental Right, by ope...... the suit for cancellation of sale-deed dated February 7, 1964 on declaration that it is fraudulent, illegal and void. 3. Plaintiff's case in short is that the plaintiff-appellants are members of the minority community having permanent residence in village Kazirgaon, P.S. Tejgaon, D......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. ......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. ..Category: Property Law | Date: | Hits: 75
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... service was mala-fide and was not made in the public interest. By that order, he alleged he has been victimised by the Director General who was displeased with him since he was promoted to the post of Deputy Director and was trying to get rid of him, if necessary, by forcibly transferring him......o park his car outside the gate. On another occasion, he was included in a Departmental Promotion Committee but when the business of the Committee started he was found absent and consequently another member was to be picked up in a hurry to proceed with the scheduled work of selecting candidates. It...... 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. ...... 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. ..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. ......r and decide appeals from the orders, judgment or sentences of such of the Special Tribunals as may be specified by the Government. (3) An Appellate Tribunal shall consist of one member to be appointed by the government who shall be a person who is or has been, or is qualified......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. ......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. ..Category: Criminal Law | Date: | Hits: 40
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ion 106 of the Transfer of Property Act was served upon the respondent on April 3, 1974. Yet, as it was not issued in time, a fresh notice was issued through the appellant's Advocate under registered post. Despite the service of notice upon the respondent whereby the tenancy was determined with th......ellant instituted Title Suit No. 357 of 1974 in the 1st Court of Subordinate Judge, Dacca for ejectment of the respondent from the suit premises on the ground of default and bonafide requirement of members of his family and for reconstruction of the damaged frontal portion of the building thereo......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. ......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. ..Category: Tenancy Law | Date: | Hits: 67
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
.... following day the Rule was issued. In the writ petition the background of the events between 15th August, 1975 and 26-11-1976 was detailed mentioning his press statement on 26 11-1976 protesting the postponement of general election for an indefinite period by the then President Sayem In his address......aw Court originally was with a Sessions Judge as Chairman. This was changed in such a way as to enable constitution of each Court with an officer of the Army as Chairman and another Army officer as member thereof, which together would constitute majority in the Court. (b) There was provisions ......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. ......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. ..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......condemned by the Prize Court shall be the exclusive property of the Central Government which may at its discretion make a grant of such money to any benevolent funds of the Armed Forces of the Union. 13. As at present there is no such law in Bangladesh it cannot be held that the Gover......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....some other provisions of the Constitution. If we turn to another definition given in the interpretation clause of the Constitution, we find “the Service of the Republic" which means, any service, post or office whether in a civil or military capacity in respect of Government of Bangladesh and an......hers…...Appellants Vs. Dhirendra Nath Sarkar ……………………………………Respondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under la...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......Driver of an Oil Tanker belonging to the petitioner company was subsequently upgraded as Chief Driver of the Tanker and since then he had been enjoying the pay scale, facilities and privileges of a member of the management staff in Group III. According to Marine Rules the service of the Responden......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......fe of the Additional Deputy Commissioner was appointed as a teacher in the School after the passing of the order. Again, the wife of current Additional Deputy Commissioner has been inducted as member of the teaching staff in order to maintain the requisition. From all these circumstances, th...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......i, Bogra challenged the validity of the notification dated 4th February 1980 removing him from office with effect from lst February 1980. Facts leading to his removal are as follows: 3. The member of the aforesaid Union Parishad sent a letter to the Sub Divisional Officer, Bogra (Sadar) ...... Fazle Munim J. - This appeal arises from the Judgment of a Bench of the High Court Division in Writ Petition No 130 of 1980. 2. The respondent No 1 who as elected Chairman of the Joregacha Union Parishad, Gabtali, Bogra challenged the validity of the notification dated 4th February 1980 ...... Munim J. - This appeal arises from the Judgment of a Bench of the High Court Division in Writ Petition No 130 of 1980. 2. The respondent No 1 who as elected Chairman of the Joregacha Union Parishad, Gabtali, Bogra challenged the validity of the notification dated 4th February 1980 removi..Category: Employment/Service Law | Date: | Hits: 100
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