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Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....nditions of service of he respondents by the issue of the impugned circular. 10. Mr. Moinul Huq on the ether hand contended that neither Article 82 nor regulation 2(a) confers any such power as is claimed on behalf of the Bank by Mr. S.R. Pal. It may be noticed that sub-clause (e) of clause (2) o......angladesh Bank questioning the validity of the Staff CirÂcular No. 1 of 1973 (hereinafter referred to as "The impugned circular") which was issued by the said Bank on the 9th April, 1973. 2. The aforesaid circular provided, inter alia, that the seniority of the Coin/Note Examiners and Typists wh......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)
....ter decided to retain possession of the premises for use as a hostel for the reception and housing of wives and children of Canadian soldiers temporarily without accommodation. The plaintiffs under a claim for purchase of the said premises requested the Minister to make arrangements for the release ......ilgaon, P. S. Tejgaon in L. A. Case No. 91 of 1962-63, under the East Bengal (Emergency) Requisition of Property Act, 1948 (hereinafter referred to as "The ReÂquisition of Property Act") and praying for a direction to derequisition certain other lands including plot Nos. 713 and 714 of the said Mou......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
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....nstitution of 1956 which empowered the High Courts to issue a writ of habeas corpus and certain other writs under Article 170 thereof, was abrogated on the 7th October, 1958 when Martial Law was proclaimed in the country but even under that regime, notwithstanding the abrogation of the said Const...... 3 of the Special Powers Act, 1974 because of his alleged prejudicial activities. Prior to the order passed by 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 ......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
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....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. ...... by Special Leave arise out of an order passed by the High Court of East Pakistan rejecting summarily an application filed by the appellant under section 215 of the Code of Criminal Procedure for quashing the order of commitment of the appellant to the Court of Sessions to stand trial on a ......e envelopes containing currency notes, and accused Sadhan told that he got Rs. 1000/-, which was found in one of the envelopes, "in connection with the murder case" and that he gave that money to accused Nagarbashi. 13. The question that arises for consideration is whether the e..Category: Criminal Law | Date: | Hits: 60
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....ble, unless the sale is complete as provided under section 54, that is, by registration of the instrument of sale, the right of pre-emption does not arise. 7. Essential part for a valid claim for pre-emption is "demands”; and the demands are to be made as provided under th......in Second Appeal No. 486 of 1964 reversing the concurrent finding of the Courts below and decreeing the suit in favour of the heirs of deceased plaintiff Abdul Latif Bhuiyan who instituted the suit for pre-emption under the Mohammedan Law. 2. Facts in short necessary for disposal of ......ange of equivalents, that is, at the time of handing over of the receipt on registration of the deed. The sale deed further recited "on receipt of the whole and entire amount of consideration money we have put the said claimed into possession and occupation of this vended property as absolu..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....ar Dutta, allowed them to take possession of the building of the Bank without receiving the balance consideration money amounting to Rs. 8,700/- (iii) That the respondent falsely claimed Rs. 4,495/- towards his unpaid salary upto 1964 from the Bank." 3. After the...... Matter No. 4 of 1969 on March 22, 1973. 2. The appellant filed an application under section 66/1) of the Banking Companies Ordinance, 1962 (hereinafter referred to as the 'Ordinance') for the public examination of the respondent who was the former Secretary of Patuakhali Bank L......dent in collusion with the transferees, namely, Nurul Hoquue and Amulla Kumar Dutta, allowed them to take possession of the building of the Bank without receiving the balance consideration money amounting to Rs. 8,700/- (iii) That the respondent falsely claimed Rs. 4,495/- tow..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....ndari, widow and heir of Baikunta, one of the three Pal brothers. The lease-deed, if any, creating the Kol-karsha, was never acted upon and the lessees never possessed the land, but the defendants claiming Kol-karsha right threatened to dispossess them from the land in 1954, and hence they ......in Ahmed J.- This appeal by special leave is from judgment and decree of the High Court Division dated April 5, 1976 in Second Appeal No. 783 of 1962 dismissing the plaintiff appellant’s suit for title, possession and injunction, on reversing the judgment and decree of the lower appellate ......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....laintiff No. 1 attained majority in 1956 and within a year after, which is in 1957, filed the suit both on his behalf and as guardian of plaintiff No. 2, his brother, who still remained minor They claimed to have been in joint possession with the defendants of the suit property and demanded......;ned a deed of perpetual lease dated December 16, 1952 from defendant No. 1 in respect of the entire property including the minor plaintiffs' shares. But as there was no legal necessity for transfer of the property the plaintiffs, it is contended, are not bound by the deed of lease. P......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....had illicit intercourse with his wife. In those circumstances the question is whether the news as published in Exts. 1 to 3 were substantially true report of a proceeding of a court which may claim exemption under the Fourth Exception under section 499 of the Penal Code, Section 499 leads a......dhury on charges under section 501 of the Bangladesh Penal Code. The said respondent was convicted by a Magistrate, First Class Sylhet and sentenced to six months simple imprisonment. His appeal before the Sessions Judge was also dismissed. Thereafter, he moved the High Court Division and the ru......s wife to his Lackotoorah bungalow. When the complainant went to bring her back he was assaulted by the accused who told him falsely that he owed Rs. 50/- to the accused and if he paid the same money to the accused he could get back his wife. The complainant after a few days went to collect ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....which confer the right of pre-emption. Their application in a particular case would depend on the nature of land, the person who holds such land and the relationship between him and the person who claims to pre-empt the land transferred by the former. Since the two laws, namely, Non-Agricultural......ile Sakina Bai possessed the 'B' schedule land and structures. Thus, while the appellants were possessing the said land in Ejmali with Sakina Bai the latter sold the B' schedule land and structures for the sum of Tk. 25, 000/- to one Keramat Ali, predecessor in-interest of the respondents Nos. 1-......l homestead which existed for over twenty years prior to the appellants' purchase, they filed the aforesaid petition for pre-emption of 'B' schedule property after depositing the consideration money along with the statutory compensation. 4. The application for pre-emption was resiste..Category: Property Law | Date: | Hits: 47
....arties
to the dispute are the Society, its Managing Committee, any past or present
Officer, agent or servant or the liquidator of the society; or a member, its
past member or person claiming through a member, past member or deceased member
of the society, etc. the dispute sha......h Court Division in revision affirming the decision of the
Subordinate Judge, Dacca, dismissing the application filed by the appellants
under Order VII, rule 11 of the
Code of Civil Procedure for rejection of the plaint on the ground that the suit
is hit by section 133 of the Co-operative S......il suit.
6. In the application the defendants
alleged, inter alia, that pro-forma-defendant
No. 3, that is the vendor of the
plaintiffs did not deposit the entire
purchase money to the Society and he transferred the suit land in favour of the plaintiffs in violation..
Category: Property Law | Date: | Hits: 60
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....itled to pre-empt the same. 3. The appellant-purchasers opposite party contested this case on the ground that the petitioner is no longer the co-sharer in the holding and has no locus standi to claim pre-emption. It was submitted that the original holding was sub-divided in Separation Cas......ul Hakim Miazi being dead his heirs Mobaarak Hossain Miazi and others……… Respondents Judgment July 13, 1978. Result: The Appeal is allowed and the petition for pre-emption is dismissed. The Bengal Tenancy Act (VIII of 1885) Sec. 88A If the subdi......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....Rule No. 652(s) of 1978. 2. The appellant is a Commercial Bank. The respondent 1 has filed a suit as plaintiff being Title suit No. 42 of 1977 for a declaration that the final notice of claim dated 5.1.77 made by the appellant against respondent 2 for encashment of letter of guarantee......passed by the High Court Division in the Civil Rule No. 652(s) of 1978. 2. The appellant is a Commercial Bank. The respondent 1 has filed a suit as plaintiff being Title suit No. 42 of 1977 for a declaration that the final notice of claim dated 5.1.77 made by the appellant against re......t the Uttara Bank was under an obligation to encash the letter of guarantee. If the plaintiff has any grievance in law the same can be remedied by compensation or damage. It was essentially a money claim and the Court should not have granted injunction. 5. The trial Court took the vi..Category: Banking Law | Date: | Hits: 130
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h is an outsider. The office of Sajjadanashin has passed from father to son so far. Upon the death of the plaintiffs appellants are the surviving members of the family and the office could be claimed by them. Respondent has, therefore no locus standi to maintain the petition under rule 10 b...... as follows: Other Suit No. 138 of 1966 was instituted by the plaintiff Shamsul Arefin Hazrat Moulana Mohammad Moksusar Rahman as the Sajjadanashin of Mirzakhil Darbarsharif against the defendants for permanent injunction restraining them from obstructing the plaintiff in holding and perfor......e been made against the respondent that he is the architect of the suit and that he being a stranger had caused lot of troubles only for the purpose of making illegal gains for sharing the najarana money, etc., that he is a man from different village, etc. 3. The Munsif allowed the prayer ..Category: Civil Law | Date: | Hits: 91
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....der within the meaning of section 96(2). In view of the fact this Divison held that Mozaffar Ali Khan, though apparently a contiguous land holder by kabala Exhibit 1(b), got no subsisting right to claim pre-emption such as such he was not a necessary party. Furthermore this Division obse&sh......State Acquisition and Tenancy Act on setting aside order of Subordinate Judge and restoring that of the Munsif in Miscellaneous case No. 214 of 1970. 2. Respondent No.1 filed the Misc. case for pre-emotion of a land sold under a kabala dated 18-6-70 alleging that he was a co-sharer of the......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....s not the concern of the probate court to decide whether the testator had title to the property or wheÂther he had any authority to otherwise deal with the property…………..(6) A person who claims outside or independently of the Will or claims adversely to the testator and disputes his rig......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦. Respondents Judgment January 14, 1981. Result: The appeal is allowed. The Succession Act, 1925 (39 of 1925), section 283 In a proceeding for the probate of a Will what the court is requiÂred to see is whether the Will is duly execuÂted......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ugned notification for his premature retirement. The appellant completed 25 years of service more than a year before the order impugned in Writ Petition No. 571 of 1979 was passed. It was, therefore, claimed that the impugned notification issued on June 5, 1980 was issued for achieving collateral pu...... of 1974) ultra vires the Constitution, as 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 wall-established self-set rule which says, the Court will not decl......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)
....reshly appointed as Administrative ManaÂger in the Enterprise which was planed under the Corporation under the nationalization measures contained in President's Order No. 27 of 1972. The appellant's claim was that he was neither reappointed as has been observed in the judgment of the High Court Div......ission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the AdÂministrative 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 participation 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)
....views of clauses (d), (e) and (g) of the Proclamation the supremacy of the Constitution as declared in that article is no longer unqualified. In spite of this Article, no constitutional provision can claim to be sacrosanct and immuÂtable. The present constitutional provision may, however, claim sup......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 3.8.78 in M.L. ......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)
....Board wherein it was stated that there was no incident on May 4 and 5, 1975. No occasion, therefore, arose for misusing his official power. As a result of an information lodged by one Abul Kashem who claimed to be a resident of the aforesaid houses. P.S. Case No. 40 was started under sections 323 an......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 relating to a disciplined fo...... to him. He was, therefore, denied the right to put up proper defence. 6. On behalf of the Government it was asserted that there was no proof as to the purÂchase of the aforesaid houses with the money of his father-in-law. It was submitted that the respondent purchased the houses by using the n..Category: Employment/Service Law | Date: | Hits: 102
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