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Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....itizenship of Bangladesh Now, therefore, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following order :- 1. ......impugned order was issued under P.O. 16 of 1972 treating the property of therespondent as abandoned property. The High Court Division while entertaining the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this aspect of th......y. The High Court Division while entertaining the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this aspect of the case calls for no decision inasmuch as, the moot question was whether the house in question was abandoned......that can be said is that P.O. 16 is not attracted to the facts, of this case. There is no hesitation in saying that the property cannot be termed as an abandoned property. 27. Leave was given for meeting the argument on the basis of P.O. 149 of 1972. In other words if even the provision of P.O. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
.... of the Court reveals the motive of the informant which can, to say the least, mean the harassment of the accused appellants. The question is whether such proceeding is liable to be quashed. Inherent power has been given "to prevent the abuse of the process of the Court or otherwise to secure the en....... The State and others ..................................Respondents Judgment July 5th 1987. The Code of Criminal Procedure, 1898 (V OF 1898), Section 561A A proceeding is liable to be quashed when the allegation upon which it is based is, on the face of it, groundless or so pre......ns for delay are unconvincing. The argument has force. The occurrence took place in 1973 and not a word of this occurrence was told to anybody. No G.D. entry was filed in this case nor was any salish called for. Not even a petition of complaint was filed in Court against the accused appellants. Betw......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
.... his tender was the highest. Even if it were the highest offer, he by that offer did not acquire any right to purchase the vessel, as his offer was not accepted by the Corporation which reserved full power to reject any offer, and no agreement was concluded with him…(12 & 16)
Cases Referred......Manager, Bangladesh Shipping Corporation and others…....Respondents
Judgment
August 24, 1987.
Words and Phrases
Inchoate right means a right that has just begun but not yet developed into maturity. Protection of inchoate right of the tender may be sought when any other tender is, acce......al Court and the appellate court that the offers made on 6-12-86 were the only valid offers of whom the appellant's offer was the highest. Rightly so far, though the offers of 6-12-86 were not specifically cancelled, they stood cancelled by necessary implication when by the letter dated 12 December ...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
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Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....ion was taken in pursuance of Rule 10 the Government had revised its order as contemplated by section 4A(2). Section 21 of the General Clauses Act is available on the principle of Locus poentiac (the power of receding till a decisive step is taken). Such a power is available under section 21 of the ...... a view was taken that 44 decimals was de-requisitioned, nothing further was done and no enquiry was either held as contemplated by rule 10(2). Therefore, it cannot be said that any right had accrued to the appellant which should not be recalled. Earlier order of the Government could be modified and......de-requisitioned, nothing further was done and no enquiry was either held as contemplated by rule 10(2). Therefore, it cannot be said that any right had accrued to the appellant which should not be recalled. Earlier order of the Government could be modified and recalled for which no exception could ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... supervisory function, still mere supervisory capacity will not bring him into the category of "employer". Respondent does not exercise any functions managerial or administrative in nature. He got no power to control or to supervise the work of any other person. Nature of his work does not bring him....... 3 1987. The Employment of Labour (Standing Orders) Act, 1965 (VIII of 1965), Sections 17 and 25 The Specific Relief Act, 1877 (I of 1877), section 42 (i) Mere designation is not sufficient to indicate whether a person is a 'worker' or an 'employer', but it is the nature of the work, showi...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....ty became enemy property the defendants, the heirs of Hemnalini could not execute, kabala. It was only the Custodian who could do it inasmuch as he stepped into the shoes of the owner itself with the power of transfer available to him on and from 2.1.65 which was conferred by amendment. In Ordinance......d within a year of the agreement. Plaintiff was asking for the kabala and since the property became enemy property the defendants, the heirs of Hemnalini could not execute, kabala. It was only the Custodian who could do it inasmuch as he stepped into the shoes of the owner itself with the power of t......stan Rules and the General Notification No. 1199 dated 3.12.65 and paragraph 4 of the East Pakistan Enemy Property (Lands and Buildings) Administration and Disposal Order the contract could be specifically performed and then answered the query by observing: “All legal right and obligations that......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....for the purpose of fishing out evidence for a party to the suit. 8. Let us now turn to some other decisions. 9. In Amjad Ali V. All Hossain Johar and another, 15 C.W.N. 353, it is held that the power to direct an inspection includes the power to direct the preparation of an inventory, if the C......ohammad Mustafa Hossain and others ...................Respondents Judgement April 8, 1987. The Code of Civil Procedure, 1908 (V of 1908) Order 39, rule 7 Ordinarily a notice is to be given to the defendant before an order is passed under rule 7 of Order 39 of the Code. This is......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....Vol.1, p. 595, two members of the Privy Council were asked to show under what authority of law they were continuing as Councilors though they were appointed by the King in exercise of his prerogative power. This information was sought by a private relater who alleged that the two Councillors who wer......Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result: The appeal is dismissed. (i) The Constitution of Bangladesh, 1972, Article 102 There is no room to entertain any doubt as to the maintainability of a writ petition by any citizen who questions the......to say that he got no more any pecuniary interest in the matter." I fully agree with this exposition of law and have nothing further to add. Shahabuddin Ahmed J. - This appeal by special leave calls in question an order of the High Court Division dated 28 September 1986 declaring that the app......ccasion. Suffice to say that the High Court Division in, exercise of its jurisdiction found pecuniary involvement of the petitioner. S. Ahmed, J, has focused: "Even if he does not preside over the meeting of the Parishad while dealing with the bill, his very position is sufficient to influence ot..Category: Election Law | Date: | Hits: 132
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....f Tk. 3/12/-anna in 1329 B. S. Radha Prasanna Biswas and others possessed the same after settlement and thereafter exchanged the property with the plaintiff in 1356 B.S. and executed a general power of attorney in favour of plaintiff's brother Amjad Hossain. Thereafter, Amjad Hossain ex......as @ Md. Abul Kalam Basiruddin @ Abul Kalam Azad & another……………………Respondents Judgment April 5, 1987. Cases Referred to- Erfan Ali vs. Joynal Abedin Mia, 1983 BLD (AD) 342=DLR 35 (AD) 216. Lawyers Invol......ppeal is certainly justified. Misreading of evidence is a ground for interference, but misappreciation of evidence is not. A finding which is inconsistent with the evidence on record must call for interference in second appeal. Again, if a decision of the lower appellate court...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....e must be served upon this person who is allegedly in unlawful possession of the enemy property and without serving such notice the custodian is not entitled to take possession, nor would he have any power to settling the land to any person. See 28 DLR (1976) 437 (per S Ahmed J.). Even these basic n......resent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment Februa......idence Act which provides as to the mode of proof of the execution of document required by law to be attested and the law is that it shall not be used as evidence until one attesting witness has been called for the purpose of proving execution if there be an attesting witness alive and capable of gi......H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....h decision is of the Indian Supreme Court in Municipal Council, Palai vs. T. J. Joseph, AIR 1963 SC 1561. It was held in that case: “It is undoubtedly true that the legislature can exercise the power of repeal by implication. But it is equally well-settled that there is a presumption against a......….Appellant Vs. Gazi Abdur Rashid & others.……………………………………Respondents Judgment April 5, 1987. Result: The appeal is dismissed. Cases Referred to- Municipal Council, Palai vs. T. J. Joseph, AIR 1963 SC 1561; State of Punjab vs. Sukdev Saru......on of the Court Fees (Amendment) Ordinance, 1962,” Ordinance No. LII of 1963, and is not applicable to any other Schedule brought in the Act after repeal and replacement of the Schedule as specifically referred to in section 35A. The expression ''as amended before the promulgation of the Court......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....which could be applicable was the residuary Article 181 which provides a limitation of three years for an application but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu." 4. The above observation is not......ant Vs. Md. Kobad Ali and others…. ………………………Respondents Judgment March 9, 1987 Case Referred to- Muhammad Swaleh V. Messrs United Grain & Fodder Agencies PLD 1964 (SC) 97—16 D......ssioner, was found as not satisfactory— the learned Deputy Attorney-General was asked to furnish another affidavit affirmed by the Additional Deputy Commissioner (Rev), Pabna "to specifically explain the delay and identify the delinquent in causing such delay". The affidavit, aff......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..Category: Procedural Law | Date: | Hits: 102
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
.... abuse of the process of the court, then the court has got inherent jurisdiction to stay further proceedings till the dispute is adjudicated in a proper forum. The Court has also got inherent power to stay further proceedings "for ends of justice" irrespective of the fact that the......he matter was fixed for hearing on 3 September 1986. On the dated thus fixed a petition was filed by the company for dismissing the application for winding-up on the ground of bona fide dispute as to the alleged debt of the company, in the alternative, for staying all further proceedings of the ......the advertisement of the petition". 8. The learned Counsel for the appellants has submitted that in admitting this application for winding-up, the learned Company Judge did not specifically state that he had considered the appellants' contention as to a bonafide dispute regarding th......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....nemy property which has not been, and is not required by the order to be, vested in the Custodian; (d) confer and impose on the Custodian and on any other person such rights, powers, duties and liabilities as may be prescribed as respects — (i) p...... Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Priyatosh Talukdar…………………………..Appe......hout any qualification, and that the repeal is qualified will appear from the savings provided in section 3 of the Act wherein clause (2) (b) is contained. Thus, as clause (2) (b) categorically provides that notwithstanding the repeal of the Ordinance (1 of 1969) the previous operation...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
.... also referred to, Cornelius CJ., though his Lordship was party to the majority judgment in favour of maintaining the acquittal by the High Court, gave categorical view that Supreme Court got power to reassess evidence and replace acquittal with conviction in the following words: ......p;………....Appellant Vs. Fazal and others………………....Respondents Judgment March 12, 1987. Cases Referred to- AIR 1917 PC 25; Siraj Din v. Kala, 16 DLR, SC 95; A.I.R 1917 P.C. 25; 16 D.L.R (SC) 94. ......any allegation were made to the authorities, they would face dire consequences. Five days later Khijir's brother (P.W.1) came to Rangpur town and filed a complaint before the Magistrate specifically naming 14 of the assailants including these six respondents as the murderers whereupon the c......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....nd who are the "existing employees" of the Corporation after the Regulations of 1979 were framed, 11. In this connection reference has been made to Articles 14 29, 30(3) and 3l (d). Article 14 empowers the Corporation to appoint officers and employees, etc. on such terms and conditions as it ......hman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. Cases Referred to- Nava Kumar vs. Radhashyam. AIR 1931 (PC) 229; United Provinces Vs. Atiqa Begum, AIR 1984 PC......ning the seniority of employees respondents claimed that their seniority is governed under Regulation 18 (a) of the aforesaid Regulations which governed the seniority of new entrants which specifically mentioned that "the seniority of a new entrant in a grade shall follow the order of merit irre......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ...... State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The Appeal is allowed. Cases Referred to- Nishi Kanta Jha vs. State A.I.R 1969 (S.C) 422, AIR 1952 (S.C) 354; 1963 (3) S.C.R 678; Bhubo......her from consideration and see whether, if it is believed a conviction safely could be based on it. If it is capable of belief independently of the confession, then of course it is not necessary to call the confession in aid. But cases may arise where the judge is not prepared to act on the other ......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......llip;.Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others……..Respondent Judgment November 9, 1986. Cases Referred to- AIR 1954 Call 208,34 DLR AD 25, AIR 1957 SC 354; AIR 1963 SC 780; Makhan Lal Chakraborty...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......ip;…………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Cases Referred to- K.M. Multani vs. Paramount Talkies AIR 1942 Bom. 241; The North Cheshire and Manchester ......y Matter No. 21 of 1986.) Judgment: Shahabuddin Ahmed J.-That appeal by special leave calls in question an order of a learned Single Judge of the High Court Division dated 26 June 1986......an and the Managing Director, other two Directors being silent Directors that without their mutual co-operation the company would collapse. The Chairman alleged that he had disclosed in a meeting held on 26 April 1965 that he would resume his private business under his own trade mark &q..Category: Intellectual Property Law | Date: | Hits: 239
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....itation Act. In support of this contention reliance is placed on Md. Chand Miah Sowdagar Vs SMH Rahman 1985 BLD 337 and Kalu Vs. Sowaria 27 1C 703. The first case has no relevance. The Court's power to admit an appeal under section 5 of the Limitation Act after the expiry of a period, p...... Present: F.K.M A. Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal. J M/S. Zaman and Co. represented by its Proprietor N. Zaman…………....Appellant Vs. Bangladesh Sugar and Foo......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ..Category: Civil Law | Date: | Hits: 84
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