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Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....ndents Judgment June 13, 1978. Mense Profit It has been held by the first appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of......herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ..Category: Property Law | Date: | Hits: 56
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....ion and anr............ Appellants Vs. Sk. Abdur Rashid ...........................................................Respondent Judgment November 15, 1979. Service Matter Part of the disputed matter of this writ petition which was concluded earlier by the former writ petition, the c......ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....ial committee dismissed the application, with these remarks made by Lord Macnaghton “as regards the general principles applicable to the case there was no controversy. On the other hand, it was not disputed that if the matter by a matter of procedure only, the petition to (dismiss) is well founded......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..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......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..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ...... 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..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......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..Category: Criminal Law | Date: | Hits: 58
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......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..Category: Employment/Service Law | Date: | Hits: 130
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
.... the date of retirement. 6. Under the Rules the suspension of a Government servant is consequent upon the proposed action to be taken under clause (b) or clause (c) of rule 3 of Rule 11. It is not disputed that the appellant was suspended as a proceeding against him was started on allegation of......in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ..Category: Employment/Service Law | Date: | Hits: 72
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....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 ......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 ..Category: Labour and Industrial Law | Date: | Hits: 106
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....of contiguity. On appeal, the order of pre-emption was affirmed. On revision a Division Bench of the High Court refused to interfere in the matter and approved the view taken by the Courts below. The disputed lands are in five different holdings recorded in different khatians and the plots are also ......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 ..Category: Property Law | Date: | Hits: 66
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....ce clearly shows that the domestic proceedings were taken against the appellant under the Government Servant (Discipline and Appeals) Rules, 1976 which the Corporation adopted and this has not been disputed by the Corporation. The High Court Division is wrong in observing that the three recent dec......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 ..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)
....red round the question whether the vendors of the deceased appellant migrated from the then East Pakistan some time before the war of Indo-Pakistan in 1965. The High Court Division held that it was a disputed question of fact and so it could not be decided in the writ jurisdiction, and the learned...... 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..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....e it becomes obvious that a Special Tribunal, although a criminal court constituted by the Special statute, is not a criminal court within the meaning of the Code of Criminal Procedure. It can not be disputed that a right of appeal is a creature of statute and no litigant can claim a right of appeal...... 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..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......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..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... simpliciter of immovable property. The reason for so holding is because of the problem which, according to the learned Judges, arises on the conclusion of the suit in making over possession of the disputed property because neither the suit was framed in accordance with section 42 of the Specifi......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..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....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 ......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..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....ed Single Judge of the High Court Division took the view that since there was no boundary wall in between the two plots, the dispute has arisen between the parties. If it is ultimately found that the disputed Schedule 1 (Ka) land belongs to the plaintiff, several legal complications will arise. Henc......nth level. 6. The trial Court rejected the prayer for temporary injunction on four grounds. First, on consideration of the appellant's kabala dated 27.4.39 the Court came to a finding that the two holdings on RS Plots Nos. 798 and 799 were contiguous and there was no vacant space in between. Seco..Category: Property Law | Date: | Hits: 66
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ...... 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 ..Category: Criminal Law | Date: | Hits: 60
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......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..Category: Property Law | Date: | Hits: 63
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ...... and 19 of 1973 in the Court of Munsif, Fifth Court, Sadar, Chittagong, on the ground that the vendors without any notice to them sold the case land to the respondent pre-emptee, a stranger to the holding in question. 2. The trial Court dismissed the petitions after holding that the pre-e..Category: Property Law | Date: | Hits: 72
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