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Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)

....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ...... in possession of the land by an order of injunction. Facts are that a civil suit was filed, being Title Suit No 72 of 1975 in the Second Court of Subordinate Judge, by the first party for specific performance of contract against the appellant and others, who are second party in the ......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ...... jurisdiction is called for. We think that the ends of justice would be met, if the Magistrate is directed not to pass any final order regarding possession till the disposal of the suit by the trial court. Let the criminal proceedings proceed, but the final order regarding possession ..

Category: Criminal Law | Date: | Hits: 39

Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

....t family system; (2) The innate desire to preserve property and evade the rules against perpetuities; (3) Fraud, fear and risk of expropriation in a society in which might was right; (4) Avoidance of annoyance from rulers and ar......ose of the Fourth Court of Subordinate Judge, Dacca in Title Suit No.43 of 1963. 2. Plaintiff Mahmudur Rahman Mullick, since Dead, filed the title suit against the appellant, his wife for declaration that the plaintiff is the real owner of half of the properties described in schedul......ns made in the plaint. Her case, shortly stated, is that the premises No. 207A, Park Street, Calcutta was purchased by her with her own money. Her husband (plaintiff) used to look after her affairs. The plaintiff had no money at that time to purchase the property. Premises No. 25. 23A ......decision the defendant preferred an appeal before the High Court at Dacca, raising several questions of law and fact. The learned Judges of the Division Bench, however, affirmed the decision of the trial Court and dismissed the appeal. 7. Leave was granted to examine whether the ques..

Category: Property Law | Date: | Hits: 448

Habibur Rahman Vs. The State, 1982, 11 CLC (AD)

....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......, allowing withdrawal of the criminal case against the appellant on August 5, 1975 on the prayer of the Public Prosecutor, and sending the case record to the Chief Martial Law Administrator, Dacca for necessary action. Leave was granted to examine the question as to whether the Sessions Judge an......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......th President's Order No. 50 of 1972; Both the cases were received by the Sessions Judge and Ex-Officio Special Tribunal Kushtia from the Court of Special Magistrate where the case were pending for trial on April, 1974, and were numbered as Special Tribunal Case Nos. 1 and 2 of 1974 and the cases..

Category: Criminal Law | Date: | Hits: 46

Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)

....l establishments. Moreover, when the DIT attracts the definition of an industry' as given in section 2(XIII) of the I.R.O., the application under section 34 of that Ordinance for enforcement of any right guaranteed under 'any law' to a person who is a worker under the Industrial Relations Ordinanc...... of Labour (Standing Orders) Act, (Act VIII of 1965). So the respondent being an employee of the D.I.T. does not come within the meaning of ‘worker’ as defined under the Standing Orders Act. Therefore remedy under section 34 of the Industrial Relations Ordinance, 1969, is not available to him…......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. .................... Respondents Judgment January 12, 1981. Result: The appeal is allowed. The Employment of Labour (Standing Orders) Act, 1965 (Act VIII of 1965), Section 25. The Industrial Relations Ordinance, 1969, Section 34. The Dacca Improvement Trust is neither an industrial..

Category: Labour and Industrial Law | Date: | Hits: 108

Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)

....session of the property from the lessee, without recourse to a court of law, if the lessee does not voluntarily surrender possession D.F.O. South Kheri vs. Ram Sanchi, the respondent purchased the right to cut timber for certain period from the forest Malini and Gola Ranges. The Divisional Fores......1976.) Judgment: Kemaluddin Hossain CJ.-The appellants unsuccessfully moved a writ petition before the High Court Division against the order passed by the Deputy Secretary, Ministry of Public W......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......cond an attempt to retransfer the land The lessee showed cause on 10. 12. 74 but they were served with an order on 5.2.75 by the authority aforesaid cancelling the lease. 3. Parties went on trial and the main question was whether the Government's action was authorised by law and whether ..

Category: Property Law | Date: | Hits: 53

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

..... Section 34 is as follows: "Application to Labour Court. Any collective bargaining agent or any employer or workman may apply to the Labour Court for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement." ......ed in these appeals are common, they were heard analogously and this judgment will govern all the four appeals. 3. The employee who was a senior assistant in the company's establishment for 20 years claimed that he, being the General Secretary of the Workers Union, was involved i......counsel relied heavily on the wording of section 34 of the Ordinance. He submitted that if a worker is illegally dismissed, for example, under section 15 (d) of the Ordinance, for indulging in an unfair labour practice he is entitled to move the Labour Court under Ibis section against such dismi......n trade union activities. His involvement ultimately led, according to him, to victimisation by the company. During the pendency of his case before the Labour Court in which he raised an industrial dispute, the company initiated two separate proceedings against him on some baseless cha..

Category: Labour and Industrial Law | Date: | Hits: 91

Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)

....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......ted 24.6.1975 passed by the High Court Division in Civil Revision Case No. 91 of 1972.) Judgment: K. Hossain CJ.- This appeal by special leave at the instance of the tenant arises out of a suit for ejectment. Facts are that the defendant-appellant was a monthly tenant of the suit premises at t......f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......were required bonafide for the accommodation of his family. The case of the plaintiff did not succeed on the ground of bonafide use and occupation but his ground for default succeeded both before the trial Court and on revision by the tenant before the High Court Division. The matter was placed befo..

Category: Tenancy Law | Date: | Hits: 116

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....bsp; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additional Subordinate Judge, Sylhet that......nbsp; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additiona......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......Commissioner. On local investigation the suit land and the kabuliyat land was found identical and the Advocate Commissioner's report was accepted by the Court without any objection. 5. The trial Court dismissed the suit after finding, on the basis of the khatian Ext. 6, that the plaint's..

Category: Property Law | Date: | Hits: 69

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....tion of Tk. 3, 00,000.00 although the disputed property was sold at Tk. 84, 00,000.00 to the highest bidder. The disputed property, it has been asserted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sale deeds in q......the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has su......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......n in he was added as a co‑plaintiff in the said suit. The aforesaid highest bidder of the disputed property Syed Altaf Hossain was added, on his prayer, as a defendant in the said suit by the trial Court but ultimately this Division set aside the said order on 25.8.86 in Civil Appeal No. 2..

Category: Criminal Law | Date: | Hits: 51

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....d Vs. The two Widows of Eman Ali Beg. 2 I. A. page 205, where the leave to appeal granted by the Judicial Commissioner of Oudh was clearly without jurisdiction, it was pointed out that:— "the right practice is to take objections of this kind at the earliest moment, for the obvious reason tha......7.) Judgment Hamoodur Rahman, CJ.— This appeal arises out of a judgment of the High Court of Baghdad-ul-Jadid delivered on the 9th of April, 1949. The appeal was filed originally before the Judicial Committee of the Amir of Bahawalpur on the 25th of June, 1949, with a court fee of......tions 110 and 109 respectively) as to its fitness for appeal was granted without jurisdiction, added that "Mr. Mayne (the learned counsel of the appellant) had been in a position, which he very fairly admitted he was not, to say that he could with any hope of success ask for special leave to a......A 182; Radha Krishna Ayyar Vs. Swaminatha Ayyar. 48 IA 31; Golam Hassan Vs. Sarfaraz Khan, PLD 1956 (SC) 309; Mst. Shorat Bano Vs. Ismail Dada Adam, 1968 SCMR 574; Sutlej Cotton Mills Ltd. vs. Industrial Court, West Pak., 18 DLR (SC) 154; Daya Ram Vs. Sohel Singh, 1906 Punjab record 390; Abdul Hus..

Category: Civil Law | Date: | Hits: 117

Lutfar Rahman Vs. State, 1973, 2 CLC (AD)

.... submitted a bill for payment of Rs, 2,400/- for the three tube-wells" and proceeded to consider whether upon the fact, as found, the offence would come under section 406 or 420 of the Penal Code. He rightly held that as no money or property was entrusted with the accused and as he had purchased the......n that the conviction was altered to a conviction under section 420 of the Penal Code. The sentence of rigorous imprisonment of one year and a fine of Rs. 2,000/-in default to rigorous imprisonment for 6 months more awarded by the trial Court was, however, confirmed. 2. The prosecution case aga......that he made false representation and fraudulently induced the Chairman to make payment, cannot accordingly, be sustained. 8. The learned Additional Attorney-General, who appeared for the State, fairly conceded that in the face of the evidences and circumstances, as above, it is difficult for...... to a conviction under section 420 of the Penal Code. The sentence of rigorous imprisonment of one year and a fine of Rs. 2,000/-in default to rigorous imprisonment for 6 months more awarded by the trial Court was, however, confirmed. 2. The prosecution case against the appellant, who was a c..

Category: Criminal Law | Date: | Hits: 84

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. .........................Respondent Judgment December 15, 1972. The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having been made before 1st of July 1959 the court is precluded from questioning the legality of such order passed by t......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......ed the 23rd January, 1968 in F.A. No. 47 of 1967.) Judgment A. M. Sayem, CJ.— This appeal by Special Leave arises out of a suit by respondent Mr. Naziruddin Ahmed, which was dismissed by the trial Court but decreed on appeal by a Division Bench of the erstwhile High Court of East Pakistan. ..

Category: Administrative Law | Date: | Hits: 106

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....ubordinate Judge in passing a decree as the decree was in excess of the claim made by the plaintiff. 14. We have pursued the entire evidence on record and we find that the learned Attorney-General rightly pointed out that no proof either oral or documentary was given in support of the pleadings...........Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree wit......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......fferent dates and he filed the suit for the balance amount but there is no bill before the Court to justify the claim. 19. We consider for ends of justice that this case should be remanded to the trial Court for giving opportunity to the parties to prove their respective cases as it would be a h..

Category: Others | Date: | Hits: 103

Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

....in the instant case, the termination of employment of Nurul Gani by giving him salary in lieu of notice was in accordance with the Statutory condition of his employment and the employer exercised the right to terminate the employment in accordance with the provision of the Statute, the mere fact t......loyees Union declaring the order of termination of services of a workman—Nurul Gani—to be wrongful and unfair, was dismissed by the High Court. 2. Briefly the facts of the case are that the aforesaid Nurul Gani, who was employed as a workman in the Khulna News Print Mills Limited, was cha......rman of the Industrial Court of the then East Pakistan in favour of Khulna News Print Employees Union declaring the order of termination of services of a workman—Nurul Gani—to be wrongful and unfair, was dismissed by the High Court. 2. Briefly the facts of the case are that the aforesaid Nu......Newsprint Mills Ltd..................................Appellant Vs. Khulna Newsprint Employees Union.................Respondent Judgment December 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under claus..

Category: Labour and Industrial Law | Date: | Hits: 107

Sirajul Islam Vs. State, 1973, 2 CLC (AD)

....ith a criminal intent or with a view to making any wrongful gain or wrongful loss. For all these reasons and in the facts and circumstances of this case, the learned Special Judge appeared to be right in giving a benefit of doubt to the appellant. The High Court's order of conviction was founde......nancial rules. In view of this practice, it cannot be said that the advance of Rs 1300/- to Mr. Ghani was made with a criminal intent or with a view to making any wrongful gain or wrongful loss. Therefore the appellant is entitled to benefit of doubt…….(21 and 22) Lawyer Involved: Tufail ......the Department to make advances to officers and other employees against chits and cheques. 12. The accusation against the appellant should be considered in the background of the above state of affairs obtaining in the office from the time of the appellant's predecessor-in-office Mr. Ghulam Must......J.— This appeal, by special leave, is against the judgment and order of a Division Bench of the High Court of West Pakistan, Karachi Bench, in Criminal Acquittal Appeal No. 451 of 1961 by which the trial court's order acquitting the appellant of the charges of 'criminal breach of trust' and 'crimi..

Category: Anti-Corruption Laws | Date: | Hits: 142

Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)

....ad caused injuries with it to the petitioner as well as his uncle Dossa, P.W. After causing these injuries he gave a lalkara at which Nazra, co-accused, first at Bakhaha, deceased, and hit him on the right arm. This was followed by another shot fired by Ghazanfar, accused, which hit him in the chest......………………(6) Lawyer Involved: I. U. Haque, Advocate, instructed by Rana Maqbool Ahmed Qadri, Advocate-on-Record—For the Petitioner. Not represented—the Respondents. Petition for Special Leave to Appeal No. 40 of 1971. (On appeal from the judgment and order of the High C...... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ...........Petitioner Vs. 1. Mohammad Ashraf son of Sad Ali, 2. The State......Respondents Judgement February 18, 1971. High Court not to make observation prejudicing the trial in disposing of bail application The Judges of High Courts should refrain from making obse..

Category: Criminal Law | Date: | Hits: 60

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

....y such damages or such loss to which the deceased himself would have been entitled if he had been alive. 24. The cause of action given to the dependants mentioned in the said Act is a statutory right and is totally different from the cause of action vested in the deceased at the time of his de......mpensation as if it were a judgment debtor even though the Insurance Company was not made a party-defendant in the suit. The only condition necessary to make the Insurance Company so liable is that before or after commencement of proceeding in which judgment is given the Company had notice through t...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ...... of the plaintiff died in the manner alleged by them? 4. Is the plaintiff entitled to get any damage, if so, how much? 5. To what relief, if any, is the plaintiff entitled? At the trial the defendant No. 3 did not press its written statement, but on behalf of the other defendants..

Category: Others | Date: | Hits: 124

Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)

....pecified in the order, etc. It has been seen in the instant case that the movement of Pir Abdur Rahim were restricted to Municipal area, Sukkur, for a period of one year. The Ordinance gave him the right of an appeal to the Commissioner under section 18. On merits the Commissioner might have felt ......section 18 of the West Pakistan (Control of Goondas) Ordinance, 1959 to discharge the person complained against on final adjudication……………(7) Cases Referred to: Cf. R. vs. Twyford (1836) 5 A & E 430; Exh. P. Martin (1879) 4 QBD212; Ball vs. Nixon (1875) LR 10 QB 152; Nga Sen...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ...... 476(1) is set aside, the proceedings under section 476(2) shall also cease. To allow them to proceed would render of no avail an older cancelling an order under section 476(1) and would permit a trial to be brought to a conclusion for proceeding with which it has been ruled that no grounds ..

Category: Criminal Law | Date: | Hits: 49

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

.... municipal tax purchases the property free from all encumbrances. If there is a valid mortgage subsisting at the time of the sale the purchaser purchases the property subject to that mortgage and the right of the mortgagee to put the property to sale for the realization of dues cannot be questioned.......ovember 25, 1970. The Bengal Municipal Act, 1932, section 525 There is no provision in the Bengal Municipal Act that a purchaser in a sale held under section 525 of the Act for realization of municipal tax purchases the property free from all encumbrances. If there is a va......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......he had acquired the property free from all encumbrances. His defence further was that there was no equitable mortgage of the property and the property did not belong to defendant No. 1. 5. The trial Court decreed the suit against defendants Nos. 1 and 4 on contest and ex parte against defenda..

Category: Banking Law | Date: | Hits: 230

....roceedings of the suit in as much as by taking such steps in the proceedings of the suit the respondent Nos. 3-6 are deemed to have submitted to the jurisdiction of the civil court and waived their right of arbitration and thereby they were not entitled to an order o......te Judge (now Joint District Judge), Noakhali in Money Suit No. 1 of 1992 rejecting the application filed by the defendant-respondent Nos. 3-6 under section 34 of the Arbitration Act, 1940 praying for stay of the suit and thereupon directing the respondent Nos.3-6 to take steps for settling the ......ced earlier by the appellant before ICC Paris could not proceed due to unamendable conduct demonstrated by the respondent Nos. 1 and 2 participating in the above proceeding in which was not at all fair. The High Court Division however allowed the appeal reversing the above order dated 13.06.1939......on of the Court to the subsisting arbitration agreement between the plaintiff and the 1st defendant and praying that suit may be stayed as provided in Section 34 of the Arbitration Act. The learned trial Judge, though was of the view that the dispute between the parties covered by the arbitratio..

Category: Business or Commercial Law | Date: | Hits: 94

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