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Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....nd as such he is not entitled to the protection as provided to a government servant or to an employee of any statutory corporation under article 135 of the Constitution……(15) The Register’s power of supervision of a co-operative society does not alter the character and status of the organi......g under the co-operating societies land mortgage bank, not a government servant for the purpose of his service with the bank.The respondent is neither a government servant nor an employee of any statutory corporation nor holding any statutory post nor performing any duty of public character and as s......erk of the Bank which post he was holding at the time of the impugned dismissal ''Co-operative Land Mortgage Bank" is as defined in section 2(e) of the Co-operÂative Societies Act, primarily and basically a cooperative society, the objects of which inclÂude the creation not funds to be lent to mem......rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....hat the learned Judge over looked the other provisions of this Act, particularly section 6 of the (Criminal Law Amendment) Act, 1958. This section is quoted below; "Procedure in trial of cases and powers of Special Judge.—(1) The proÂvisions of the Code of Criminal ProceÂdure, 1898, except th......The Criminal Law Amendment Act, 1958 When an offence within the meaning of sub-section (1) (c) of section 195 of the Code is committed in a proceeding before a Court, then the complaint shall have to be filed by the Court or by any other Court to whom that Court is subordinate. If an offence fall......enging the order of the High Court Division dismissing their appeals from their conviction and sentence passed by the Special Judge, Comilla, under the Criminal Law Amendment Act, 1958. Two questions call for determination in these two appeals by special leave; one, which is purely a question of int...... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....he Act runs as follows: "Appointment of officers.—The GovernÂment may appoint an officer or officers to carryout the purposes of this Act and such officer or officers shall have such duties and powers in respect of the regulation of matters pertaining to prinÂting press, books and papers, pri......e, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under any law other than the Penal Code has to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the......oresaid section undoubtedly constitutes an offence punishable under secÂtion 30 of the Act No distinct has been drawn between such offence and an offence created under the ordinary law. It would logically follow that any person who derives knowledge of commission of such offence can make a complain......the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
.... Sardar (1980) 32 DLR 167. In the former case decided by the Supreme Court of Pakistan it was observed: "A mala fide act is by its nature an act without jurisdiction. No legislature when it grants power to take action or pass an order contemplates a mala fide exercise of power. A mala fide order ......eal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law and prior notice to the Appellant firm. This act is complete disregard of the express terms of the agreement between ...... Sons to whom our entrusted son was available at the site made responsible to look after our interest and the properties and as a result of which the licence agreement executed by him with us automatically ceased." 5. In his letter dated 20th January 1976 to General Manager, Burmah Eastern Limite......dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..Category: Business or Commercial Law | Date: | Hits: 118
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....of the same. If the appellate court does not dismiss the appeal summarily, then section 422 provides for causing notice to be given to the appellant and to the Government section 423 provides for the powers of the appellate court and Sub-section (b) reads as under: "(b) in an appeal from a convic......nnot be disposed of only in respect of the period of sentence even on consent of the parties without considering propriety of the Conviction. The Appeal is allowed and the case is sent back on remand to the High Court Division for rehearing on merit……….(7) Cases Referred to- Ramzan Ali ......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....nterlinked it will be just and convenient to hear both of them under the same petition. Section 84 provides that after making a winding up order the court shall settle the list of contributories with power to rectify the Register of members and those reliefs incorporate section 38 of the Companies A......2 of the Companies Act and Prayer for rectification of the share register under section 38, simultaneously in the same petition before the Company Judge, in not maintainable and cannot be disposed of together ………..(23) Where winding up order had intervened whereby rights of creditors were m...... filing of returns as well as copies of the order of the Court passed under section 38 and under section 166 are also quite different. It is contended that since the nature of two proceedings are basically different both cannot be joined together which would cause inconvenience to the litigant and a......alleged that since then the petitioner No. 2 has taken complete control of the management of the company and no dividend was paid to the heirs of late M. A. Jalil nor has given them any notice of the meeting of the company or of the Board of Directors. It is alleged that the 1700 shares have been al..Category: Company Law | Date: | Hits: 195
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....enable a person aggrieved by such decisions the amendment was brought about and this Amendment in its second part, expressly proÂvided for appeal against all these decisions. A Legislature which got power to enact a law also got power to enact retrospectively; in sub section (4), this intention as ......ce, 1983 (LI of 1983), Section 29 Respondent no. 3 not filling an election petition before the Election Tribunal after result of the election was declared on 7th of June 1984, he is not authorized to exercise his right of appeal granted under section 4 of the Amending Ordinance (per Fazle Munim C......eard and taking such evidences as may be produced before it, make such orders as it may think fit. (3) The decision of the Election Tribunal on an ejection petition shall be final and shall not be called in question in or before any court". After amendment. "29. Trial of election petitions......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....he Committee in the manner provided in rules 12 to 15." 12. Thus it is clear that tax dues can be recovered in the event of default by the owner from the occupier as well. Rule 13 provides for the power to recover arrears of taxes, etc., by distress and sale of move-able property. Section 63 (3) ......2 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plaintiff can....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
.... urged by the learned Counsel for the appellant are matters relating to facts which cannot be agitated before this Court as the appeal was under section 28 of the Companies Act which deals with the power of the Court to rectify register and it has been provided therein that the decision of the C......lip;..Respondent Judgment March 17 & 18, 1975. Lawyers involved: Syed lshtiaq Ahmed. Additional Attorney General, M. Nurullah, Advocate, instructed by S. M. Haq, Advocate-on-Record-For the Appellan...... 'the fraudulent making or alteration of writing to the prejudice of another man’s right. The rule of pleadings when fraud is charged requires the particulars of fraud to be specifically stated. The mere general allegations are insufficient and the charge of fraud must be substan......d the share certificate fraudulently and collusively and the Bank malafide and illegally handed over the share certificate to the respondent No. 1. The Board of Directors, of respondent No. 2 in a meeting held on 21-10-70, resolved that it would mutate the name of the person, who would be found ..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....y. Against the aforesaid judgment the appellants obtained special leave to appeal to have following contention considered: (1) That the impugned Circular having been issued in exercise of the powers conferred on the Bank by the Staff Regulation, 1956 and under President's Order No. 127 o......er…………..ResponÂdents (In C.A. No. 27 of 1974). And Md. Nurul Huq & another……………………....Respondents (In C.A. No. 28 of 1974) Judgment May 2, 1975. Cases Referred to- Md. Aboo Abdullah Vs. The Province of East Pakistan, 12 DLR (SC) 211; Government of West PakÂ......3 which contained the decisions that separate seniority list for the clerical staff would continue to be maintained by the respective officers and both clerks Grade-I and Grade-II would ordinarily be called upon to serve in one specified place that the cadre of Officers Class II was converted. into ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....t for approval and endorÂsement. Derequisition notice be issued after obtaining Government's approval." 5. As already stated, the requisition of the plots in question were made in exercise of powers conferred under Section 3 of the Requisition of Property Act, the relevant portion of which i......gment May 2, 1975. Lawyers involved: S. R. Pal, Senior Advocate, with S. C. Das, Advocate, instructed by A. Rab-II, Advocate-on- Record.—For the Appellants. Faqeer Shahabuddin Ahmed, Attorney-General instructed A. M. Khan Chowdhury, Advocate-on- Record—For the Respondents No. 1-3. ......on of their lands and on 19-8-66, the Additional Deputy Commissioner, Dacca recorded an order, the relevant portion of which is as follows:— "It appears that the then Chairman D.I.T. categorically ordered that the triangular plot at 'A' in the Photostat copy be dereÂquisitioned immediatel......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the Provisional Constitution of BanglaÂdesh Order, 1972 and commenced functioning under President's Order No. 5 of 1972 (High Court of Bangladesh Order, 1972), clause (1) of article 6 whereof empowered the said High Court also to hear and determine proceedings that were pending in the High Cou...... Result: The petition is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. ......ppeal lay from any judgment, decree, order or sentence of the High Court of Bangladesh or the High Court of East Pakistan. Paragraph 7 accordingly is not a remedial enÂactment in a sense which might call for its liberal construction. We .will presently refer to the Bengali version of the proviso. L......d by the learned Additional Attorney-General thus sucÂceeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property ManageÂment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....sets of the said firm as mentioned in the schedule of the said notification shall vest in the Additional CusÂtodian of Enemy Property in East Pakistan. The notification was issued in exercise of the powers conferred by sub-rule (1) of the rule 122 of the Defence of Pakistan Rules revailidated and c......oudhury J Bangladesh Enemy Property ManageÂment Board and ors………….... .Appellants. Vs. Md. Abdul Majid…………..... Respondent Judgment March 27, 1975. Cases Referred to- M. M. Mansur Ali Vs. Aradendu Shekhar Chatterjee. (1959) 21 DLR (SC) 20; Daulatpur Jute Mills......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......e factory on 24-11-69, By a resolution of the Board of Directors dated 26-12-69, the respondent's loan of Taka 23,000/-was paid by allotting to him 230 shares of Taka 100/- each and subsequently in a meeting held on 26-1-70 the respondent was appointed as the Managing Director of the firm. It is sta..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....referred to as the "the Constitution"). In the said application the applicant challenged the legality of the order of detention of the said A.K.M Golam Kabir made in purported exercise of powers conferred upon the Government by clause (a) of sub-section (1) of section 3 of the Special ...... by Secretary Ministry of Home Affairs.....Appellant. Vs. Ahmed Nazir………….... Respondent Judgment March 19, 1975. Cases Referred to- Sandal Singh Vs. District Magistrate and Superintendent, Dehra Dun A.I.R. 1934 (Allahaba......the vacation Bench on the 12th September, 1974 enlarging the detenu on bail for a period of two months and fifteen days on the ground of his illness, another Bench had issued a Rule on 22-7-74 calling upon the appellant to show cause within seven days as to why an order should not be made d......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court appoint a receiver thereof who, subject to the control of the Magistrate, shall have all the powers of a receiver appointed under the Code of Civil Procedure: Provided that, in th......al by Special Leave arises out of a judgment dated the 7th July, 1969 of a learned Single Judge of the erstwhile High Court of East Pakistan in Criminal Revision Case No. 295 of 1968 refusing to set aside an order dated 16.11.67 passed by the learned Sub-Divisional Magistrate of Madari......he disputed land on 16.11.67 under sub-section (1) of Section 146 of the Code in pursuance of direction given by the High Court on 25.1.63 in Criminal Reference Case No. 50 of 1962. That direction calling upon the learned Magistrate to attach the land puce again, if it had already been released,...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......involved: Abdul Hamid, Advocate, instructed by B. Hossain, Advocate-on-Record.—For the Petitioner. Not represented—the Respondent. Petition for Special Leave to Appeal No. 30-D 1971. (From the judgment and order of the High Court of East Pakistan date......n a misconception. The amount which the Union Council owed to the petitioner was not an incriminating piece of evidence against him upon which he was convicted and, in consequence; it did not call for an explanation from him. The learned Judges of the High Court took note of the fact that t......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
..... (S.C.) page 394 and Mazharul Huq Vs. Ishaque Sardar and others, reported in 14 D.L.R. (S.C.) page 251. In the former case, it was held that a Magistrate holding the preliminary enquiry has power to sift and weigh evidence only for the purpose of determining whether or not it is a fit ca......ain J M. A. Jabir J Lutfun Nahar Begum ......Appellant. Vs. The State ……….Respondent Judgment June 7, 1973. Cases Referred to: Bhubani Sahu Vs. King, LR 76 IA 147; Kashmira Singh Vs. State of Madhya Pradesh, 1952 ......from consideration and see whether, if it is believed a conviction could safely 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 th......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....) and 12 respectively of P.O. 50. 3. The question whether a person convicted of an offence under P. O. 8 could be enÂlarged on bail, upon admission of his appeal by the High Court, in exercise of powers conÂferred under Section 426 of the Code was considered in the case of Haji Md. Akil Vs. The......Case is also Reported in: 27 DLR (AD) 16. ......, J. who recorded a separate judgment in this case also observed that Chapter XXXIX of the Code does not deal with the case of persons tried and conÂvicted or acquitted; for their cases are speciÂfically provided for by sections 426 and 427 of the Code and further observed that there was no diverg......y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....hereinafter referred to as Order No. 21) was made to provide for the constiÂtution of Union Parishads and Paurashavas and for matters connected therewith and inciÂdental thereto. In exercise of the power conferred by Article 24 of Order No. 22 the Government made rules known as the Union Parishad ......…….……Respondents Judgment April 17, 1974. Lawyers involved: S. R. Pal, Senior Advocate, instructed by B.C. Panday—For the Respondent No. 4. Faqueer Shahabuddin Ahmed, Attorney General instructed by Abdul Wadud Bhuiya, Assistant Attorney-General – Under Order LV rules......ntent under Rule 20A, election should have been stopped when there was only one candidate in the field after the unfortunate death of Dr. Shafiqur Rahman and fresh nomination papers should have been called for to enable the electorates to exercise their right of franchise by casting their votes for......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed withÂout any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....to properly defend the prisoner. The High Court was also of the view that the question of preparation of a case was not solely dependent on time; it depended upon one's own mental alertness and the power of perception and conception and above all it depended upon how one applied oneself to a......; Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 38...... occurrence. Having taken meals at night they slept in the north Bhiti hut. In the early morning they came out to make water and at that moment prisoner Rashed came out from the west Bhiti hut and called their Phufu Maleka to serve him tobacco. Their Phufu served the prisoner tobacco by a Huka. ......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
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