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Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....d, it is not pre-emptible. The Munsif dismissed the pre-emption case but the Court of appeal below allowed the pre-emption case. The High Court Division in Civil Revision discharged the Rule by holding that the lower appellate Court had not committed any illegality or material irregularity i......lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....sion under section 438 of the Code for quashing the proceeding on the ground that the subsequent prosecution is barred under Section 403 of the Code but the High Court Division rejected the reference holding that the subsequent prosecution is on a separate and distinct offence within the meaning of ......turn of the gold after acquittal does not, in the circumstances, amount to his admission of possession of the gold. In the previous trial he disclaimed it and the Court also held that it was not recovered from his possession, Because of this finding the subsequent prosecution on this issue is ba..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... to consider two questions, one of which has already been set out at the very beginning. Both the questions may be set out as follows: 1. Whether the High Court Division was well founded in law in holding that a monthly tenancy under the Transfer of Property Act is heritable. 2. Whether upon a...... to month, does not cease to exist and the heirs and legal representatives of the original tenant do not become trespassers but having continued in possession as heirs, they become tenants by holding over, cannot be sustained. The view taken in the Calcutta decision was that there was no reason wh..Category: Tenancy Law | Date: | Hits: 67
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....e respondents for allowing overtime allowance for 4 hours per week for working 48 hours was rejected. 5. The learned Judges of the High Court Division summarily rejected the said Writ petition holding concurrently that the Security Guards being in the category of Sweeper and Mali and having b......hose respondents is that they are required to work 48 hours in a week while other officials and staff of the appellants work for 44 hours in a week and, accordingly, they are entitled to get 4 hours' overtime allowance per week since their appointment. 3. The appellant contested the said case bef..Category: Labour and Industrial Law | Date: | Hits: 267
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
.... leave allowances to the respondent No. 2 for 634 days. Being aggrieved the petitioner moved the High Court Division under Article 102 of the Constitution which summarily rejected the application upholding the views of the Labour Court both on merits and on the question of maintainability of the......ticularly having regard to the proviso to clause (b) section 25(1), it appears that when the said section provides that any individual ‘worker' who has a grievance in respect of any matter covered under this Act, the legislature used the word 'worker' in an extended sense including a wor..Category: Employment/Service Law | Date: | Hits: 68
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....Parliament stood dissolved by this Proclamation and dissolution dated back of 6th November, 1975 and general election for the Parliament was to be held before the end of February 1977 (iv) The person holding office such as Vice-President, Speaker, Deputy Speaker, Ministers, Ministers of State, Deput......dents Judgment December 20, 1978. Result: The appeal is allowed. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law o..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....venient and beneficial because as per terms it was to be field in London, whereas, the evidence is to be collected from the sub-continent itself aid further, foreign exchanges are also involved for holding arbitration. The Indian Supreme Court also in such a matter considered that arbitration is n...... No. 1 is the Panamian Vessel and Appellant No. 2 and 3 are the owners and the Master of the Vessel. Respondent No. 1 obtained necessary permission, for importation of edible salt from India for the Government of Bangladesh and accordingly entered into a negotiation for importing salt from India. Re..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
.... Badrul Haider Chowdhury, J.—This appeal by special leave is directed against an order of the High Court Division in Criminal Revision No. 665 of 1975. The High Court Division discharged the Rule holding that it has no jurisdiction for quashing the criminal proceeding pending before the Specia......words used in section 561A the Court found the requirement of subordination of a Criminal Court constituted under a special statute of the High Court Division so that it way exercise jurisdiction over such Court under section 561A. The expression used in section 561A is "any court." This expre..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....e Extra Ordinary date May 24, 1978 transferring Motijheel Police Station Case No. 70 under section 302/20/193/197 B.P.C to the Special Martial Law Court No. 11 Dacca. The petitioner who is at present holding the post of Lecturer, Medical Jurisprudence, in the Dacca Medical College, held a post-morte......f the case from the Magistrate's Court to Martial Law Court on three grounds:— 4. First, as the charge-sheet against the petitioner was submitted to the Magistrate's Court without obtaining the Government's sanction to prosecute him as required under Section 197 of the Code of Criminal Proced..Category: Criminal Law | Date: | Hits: 58
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....se (Amendment) Order 1972. With regard to the other contentions of the appellant, namely, that he was not given any opportunity to defend himself; and that the order of dismissal was passed without holding any enquiry, the learned Judges found no substance in this respect also. From the judgmen......g the writ petition on the ground that it was not maintainable,. Second question for our consideration is if it is found that the Council was a 'local Authority' and the Council having applied the Government Servants Discipline and Appeal Rules, 1976 to the proceedings drawn up against the appella..Category: Employment/Service Law | Date: | Hits: 130
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....stitution. 4. The High Court Division on consideration of the judgment of the Labour Court and also the petition and the affidavits filed before it set aside the judgment of the Labour Court holding that the domestic enquiry was neither held properly nor bonafide and the enquiry report was ......ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ..Category: Labour and Industrial Law | Date: | Hits: 106
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....tion 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts relevant for consideration of the question are that the appellant petitioners purchased several parcels of land from five raiyati holdings by a registered kabala dated May 5, 1965. Respondents No. 1 to 5 claiming to be tenants of ......te Judge accepted the pre-emptor's case of having land contiguous to schedule 1 land only, allowed pre-emption in respect of the plots. He held that the pathway admittedly being belonging to the government and there being no adverse possession against the government, it will not be a case of i..Category: Property Law | Date: | Hits: 66
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....allegations should be brought to his notice and he should be given an opportunity to submit his defence and if the authority not satisfied with his explanation his case would be disposed of without holding any inquiry and on consideration of his explanation. 6. For maintaining an application ......of synthetic fabrics of the value of Tk. 8,896/- from the godown at Siddique Bazar, Dacca. The appellant was charge-sheeted for misconduct and corruption under sub-rules (b) and (c) of Rule 3 of the Government Servants (Discipline and Appeals) Rules, 1976. He showed cause to the charges and in rep..Category: Employment/Service Law | Date: | Hits: 72
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
.... rightly allocated the onus on the appellant about the migration of his vendors and whether the property could be declared as enemy property in 1975 and whether the High Court Division was correct in holding that the question of migration being a disputed fact the order of the Enemy Property autho......till 1975 long after coming into operation of the enemy property laws without the said authority being impleaded. Apart from this, the appellant has asserted his possession in the property and the Government in their affidavit-in-opposition, though have challenged the validity of the sale deeds,..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
.... Division observed that "these proceedings are to be pursued under the ordinary law in accordance with the procedure of Code of Criminal Procedure." 7. The reasons adverted to by them after so holding would appear from the following passage in their judgment: "The State in its legislat......C 447; Uttar Pradesh v. Md. Naim, AIR 1964 SC. 703 at 705; Ratilal Bhanji Mithan Vs. Asstt. Collector of Customs, AIR 1967 SC 1639 at 1641; Golam Mohammad Vs. Mozammel Khan, (1967) 19 DLR SC 439 and Government Vs. A.T. Mridha (1974)26 DLR (AD) 17 at pp 21, 25; AIR 1945 PC 94; AIR 1945 PC 18; AIR 1..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....er court either in appeal or revision or both. In that view of the matter the decision of the Madras High Court in the case of Pichu Ayyangar Vs. Perarulala Ramanuja Jeer Seamigal, ILR 1940 Mad 901 holding to the contrary does not commend to us. The first anomaly is, if a party has taken an appea...... 16th, 1979 Cases Referred to- Md. Shamstil Huda Vs. Md. Mozammel Huq, 26 DLR 519; Abdul Aziz Vs. Raj Chhabra, AIR 1968 All (Lucknow Bench) 119; Maharaj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joe..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....tion under section 115 of the Code of Civil Procedure. 3. A Division Bench of the High Court set aside the order of appointment of a receiver of the lands under attachment by the Magistrate holding that a receiver could not be appointed by a civil Court in a suit for declaration of title......d the receiver was to submit accounts regularly. The appellant filed an application before the Subordinate Judge for appointment of a receiver which was allowed and receiver was appointed, who took over charge and also possession of the suit property from the receiver appointed by the criminal C..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....he person claiming pre‑emption must show his existing interest in the land, that is, in the case of a co‑sharer it must be proved that the pre-emptor has got subsisting interest in the holding and in the case of contiguous-owner it must be proved that the pre-emptor has got subsistin......ion 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: 45 DLR (AD) (1993) 171 ..Category: Property Law | Date: | Hits: 54
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
.... that the accused persons hiding themselves in the adjoining Kashban from before came out of it variously armed with deadly weapons like gun, ramdao, gupti, dagger, etc. Appellant Nawabul Alam was holding a gun. Appellant Khalilur Rahman passed an order to finish the three of them. Nawab opened ......aik (not examined) informed him at the Police Station that Ekhlasuddin and his son were killed by some miscreants at Baraipara Kheyaghat. He informed the Superintendent of Police of Narail District over wireless, made a General Diary Entry at 7‑20 AM noting the informants' names and substan..Category: Criminal Law | Date: | Hits: 60
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
....of 1988 summarily rejecting the Writ Petition after affirming the Judgment of the Court of Settlement, Bangladesh Abandoned Buildings, Dhaka passed in Settlement Case No. 1103 of 1987 in respect of holding No. C/56 3rd Colony, Mirpur, Dhaka. 2. The appellant's case, in short, is that holdin......65 by an agreement of lease. The lessee Md. Hussain on 21.8.70 transferred the house to Md. Khalil Miah for a consideration of Taka 6,000.00 and mutated his name with the Relief Department of the Government. Thereafter on 22.3.1979 Md. Khalil Miah transferred the property to Shahida Begum for ..Category: Property Law | Date: | Hits: 63
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