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Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ...... K. Hossain CJ. - The question involved in this appeal is whether the learned Judges of the High Court Division were correct in dismissing the suit brought by the predecessor of the appellants for the grant of Letters of Administration on the ground that the property in question being an enem......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......structed by A.W.Mian, Advocate-on-Record-For respondents. C- A- 67 of 1980 from F. A. 228 of 1976 Judgment K. Hossain CJ. - The question involved in this appeal is whether the learned Judges of the High Court Division were correct in dismissing the suit brought by the predecessor of ..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ts. 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: 1 BLD (AD) (1981) 140 ......ra wires the Constitution as the finding that the order under challenge is vitiated by malice in law is sufficient to dispose of the appeal. As regards the constitutionality of the section aforesaid, I like to adhere to the well established self-set rule which says, the Court will not......ts. 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: 1 BLD (AD) (1981) 140 ......tired. In his supplementary affidavit-in-reply the appellant mentioned that those doctors voluntarily retired because they obtained lucrative jobs in foreign countries. 12. The learned Judges of the High Court Division, after hearing the parties, discharged the Rule on July 29, 1980. ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....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: 1 BLD (AD) (1981) 131 ......ers………… ................Respondent Judgment November 26, 1980 Result: The appeal is dismissed. Restitution application is not an application for execution of a decree An application for restitution is an independent application, no......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: 1 BLD (AD) (1981) 131 ......xpressly or by necessary implication. He is recovering the fruits of the appellate decree." 11. The learned judge was fully aware of the reasons for the contrary view emanating from eminent Judges and realised that "the opposite construction for which the appellant contended is also a..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ...... Judgment November 5, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaint......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......Advocate-on-Record, for the Respondents 3-20. C.A. 78 of 1980 from Civil Rule 886 (F) of 1977 (1)16 DLR 272 Judgment K. Hossain CJ. - Leave was granted to consider whether the learned Judges of the High Court were justified in granting temporary injunction; during the pendency o..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)
....ompromise on which the learned Magistrate asked the Jury to go to the locality and to report if the parties carried out the terms of compromise, in default, action would be taken against the Jury for contempt of Court. Subsequently the learned Magistrate asked the Jury to show cause by the next date......of 1979 Judgment A.S. Faizel Islam Chowdhury J.- This reference was made by Mr. S,H. Molla., Special Judge Ex-Offlcio Additional Sessions Judge Sylhet under which he recommended for setting aside the order dated 6-1-77 passed by Mr. Golam Mortuza, Magistrate 1st Class and Resid......Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60 ......Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60 ..Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ......l No. 822 of 1980 Ranadhir Sen J. - This Rule, at the instance of the plaintiff, is directed against the order dated 16-6-80 of the learned Subordinate Judge, refusing the plaintiff's prayer for attachment before judgment under Order 38, rule 5 of the Code of Civil Procedure. 2. P......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ......the District Judge or Subordinate Judge has been stated in section 18. Section 19 speaks of the extent of jurisdiction of the Munsif. Section 20 speaks of appeal from the District and Additional Judges. Section 21 eloquently speaks of appeals from the Subordinate Judges arid Munsifs. For our pu..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......am Chowdhury J.— This Rule was directed against the order dated 19-11-79 passed by Mr. H. Hoque, Subordinate Judge, 3rd Court, Dacca in T.S. No. 152 of 1973 allowing plaintiff's prayer for amendment of the plaint. 2. Facts giving rise to the present rule are as follows: That......ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ...... of the District Judge or Subordinate Judge has been stated in section 18. Section 19 speaks of the extent of jurisdiction of the Munsif. Section 20 speaks of appeals from the District and Additional Judges. Section 21 speaks of appeals from the Subordinate Judges and munsifs. For our purpose it is ..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....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: 1 BLD (AD) (1981) 95 ......nd the period of limitation giving direction—Compliance with the Court's direction within the time fixed by Court—Application to set aside the decree maintainable. Applicant for setting aside ex parte S.C.C. decree may deposit the decretal amount or furnish the requisite se......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: 1 BLD (AD) (1981) 95 ......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: 1 BLD (AD) (1981) 95 ..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
..... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ......estion involved in this appeal as urged by Mr. Pal is a substantial question of law of some public importance; as to whether Ordinance 1 of 1969 was not continued by Laws Continuance Enforcement Order, 1971, since it ceased to be a valid piece of legislation. 2. In Order to ....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ...... Pakistan Rules. 5. The Petition was heard along with another petition but the accused petitioner is not before us, and the first question of law that arose has already been set out. The learned Judges of the High Court overruled all the contentions and dismissed the Writ petition. 6. Mr. ..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
......smission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the Administrative Manager of the Enterprise which is contained in the letter from the Minister for Labour is as follows:
"In recognition to his all dedicated and efficient particip......vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
......a three months' notice. It was denied that the appellant's service was terminated in 1971.
12. After hearing the parties, the rule obtained by the appellant was discharged by the learned Judges of the High Court Division on the grounds that the principle of natural justice was not avail..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....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: 1 BLD (AD) (1981)107 ......o death by the judgment and order dated August 5, 1978 which has been duly confirmed. Against the order of conviction and sentence the appellant moved the High Court Division in its writ jurisdiction for an order declaring the proceedings taken in passing the judgment and order dated 5.8.78 in M.L. ......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: 1 BLD (AD) (1981)107 ......t be called in question, but the validity sought to be conferred did not extend to acts done, orders made or proceedings taken without jurisdiction that is coram non judice, or mala fide. The learned Judges explained, such acts, orders or proceedings could neither be done in the exercise of powers d..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......e reconveyed if the money is repaid within 19 years. The respondent No.3 made an application under section 95(4) and (5) of the East Bengal State Acquisition & Tenancy Act to the respondent No. 2 for restoration of possession of the said land. This petition was allowed on 30-3-73 and therea......High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......in holding that the word 'transfer' in section 95A of the East Bengal State Acquisition & Tenancy Act must be construed as meaning a transfer by mortgage. It is contended that the learned Judges of the High Court Division committed substantial error of law in adding words into the S..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ......pondents. Civil Appeal No. 167 of 1978 from Civil Revision No. 91 of 1972. Judgment K. Hossain CJ. - This appeal by special leave at the instance of the tenant arise out of a suit for ejectment. Facts are that the defendant-appellant was a monthly tenant of the suit premises at t...... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ......ion of several other decisions held that payment of four months' rent namely, Agrahayan, Pous, Magh and Falgoon of which receipt was granted for three months amounted to default. The learned Judges of the High Court Division, however, did not consider the other ground of default held by the..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
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 ...... raised in these appeals are common, they were heard analogously and this judgment will govern all the four appeals. 4. The employee who was a senior assistant in the company's establishment for 20 years claimed that he, being the General Secretary of the Workers' Union, was involved in...... 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 ......d for deciding the case but as objections were voiced on the ground of other provisions in the Act which, it was claimed, attracted different conclusions they were also considered by the learned Judges. References were made to sections 28, 33, 34, 35’ (V) (d) and 43 of the Ordinance...Category: Labour and Industrial Law | Date: 7 Jan, 1980 | 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. ...... Vs. Abdul Malek Khan..........................Respondent Judgment August 23, 1979. Result: The appeal is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the......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. ......and on the second question, the contention of the defendants on the competency of the suit was overruled. He, therefore, decreed the suit in preliminary form. On appeal by the plaintiff the learned Judges of the High Court allowed the appeal and raised tae share of the plaintiff to 1/3rd. Lea..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....ur Criminal law, rather it is against the general principle of law relating to criminal trial and that by directing this parallel enquiry the officer.' of the government concerned committed gross contempt of Court by obstructing the course of Justice in a matter which is subjudice. In support of......nst 22 persons including one Hashan Mir (Respondent No. 6) under section 302 and other section of the Penal Code on the allegations of murder of one Jamshed Shaikh.
2. The petitioner before us is brother of the deceased, Jamshed Sk. He had lodged a First Information Report at Ramphal ......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
......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
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
..... Ayaz Bahadur Khan & others……………………Respondents Judgment March 19, 1979. Result: The appellant is found guilty of contempt of Court but unconditional apology he is let off with warning. Lawyers Involved: ....... Judgment Rahul Islam J.- This contempt proceedings started on a suo motu Rule issued by this Court against Abdus Sobhan, appellant in Civil Appeal No.9 of 1978. 2. The facts relevant for disposal of the matter are as follows: The appellant Abdus Sobhan filed Civil Appeal No.9 ......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ...... following statements: 1. That the appeal has been dismissed by your Lordships by a majority judgment on 25-8-78. 2. That on 28-8-78 petitioner has come to know that one of the learned Judges Mr. Justice B. H. Chowdhury is a relation of respondent No.1 Mr. Ayaz Bahadur Khau. 3. T..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
....stion was whether a relief not sought by the petitioner could be granted by the Court and whether a writ for mandamus would lie for enforcement and in the event of non-compliance of such writ whether contempt proceeding could be initiated validly. The learned Attorney General has relied on the follo......e Potest De Injuria Sua Propria—No man can take advantage of his own wrong.
The learned Attorney General argued that no deed of transfer having been executed, no right was conferred on the former owners for claiming restoration does not hold good because the well settled principle is no b...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)
....ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ......3 of 1977). Judgment KM Subhan J.- This appeal by special leave is against the Judgment and order of the High Court Division in Writ Petition No.593 of 1977. 2. The appellant contested for the office of the Chairman in the election held on 19-1-77 and was defeated. He secured 3,302 vo......ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ...... valid which either contained official mark or the initial of the polling officer but not both. In the instant case some such ballot papers were accepted as valid by the Tribunal. 5. The learned Judges of the High Court Division on reading rule 35 with rule 40(4) of the said Rules took the view..Category: Election Law | Date: 23 Nov, 1978 | Hits: 206
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......ed by the Haluaghat Police on 8.2.76 and on 9.2.76 he was served with the impugned order and since then he has been in custody. The petitioner further stated that the detention order was challenged before this Hon'ble Court in Writ Petition No. 357 of 1977 whereupon a Rule was issued. It appears......now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......o; It thus appears that under the English law an application for habeas corpus can be moved in the High Court and before all the judges of the High Court successively on the same grounds and the Judges concerned may hear and decide the case notwithstanding the point urged before him was previou..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
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