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Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....t of the Sub-ordinate Judge Dacca. His case was that the 'A schedule property originally belonged to one Samru Goala in whose name C.S. record stood on February 28, 1927. The property was sold by him to Snehalata and Jiban Ranjan Nath on December 23, 1936. Jiban Ranjan Nath sold a port....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......me Court related to non-agricultural homestead land within the municipality. The Supreme Court observed as follows:— "Because section 96 occurs in Chapter XIII the trial Court held that the right of pre-emption can be claimed in respect of non-agricultural land.......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. ..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....r article 5 for management does not do away with the corporate existence of the concern prior to P.O. 16 had such existence, as is clear from article 8 (1). Reference in this connection may also be made to article 18 in this regard. 8. The appellant in relation to the respondent......vision passed in Writ Petition No. 578 of 1977. 2. The respondent was a Security Officer in the Tabani Beverage Co. Ltd which under Article 5 of President's Order No, 16 of 1972, hereinafter called P.O. 16, was placed under the appellant Bangladesh Freedom Fighters Welfare Trust statutory ......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. .................................Respondent Judgment June 11, 1979. Lawyers Involved: Syed Amirul Islam, Advocate, Faruque Ahmed, Advocate with him instructed by B.C. Panday, Advocate-on-Record.—For the Appellant. Kazi Shahadat Hossain, Advocate.—F..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....epublic of Bangladesh under the Bangladesh Abandoned Properties (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972). (c) The Bangladesh Oil and Gas-Corporation also known as "Petro-Bangla" in exercise of the powers vested in it by section 8 2) of Pet......ing the annual general meeting, and under the latter provision the court, of its own motion or on the application of any director or member having a vote, may order a general meeting to be called. It is impracticable to call a meeting in the manner prescribed by the article or the Act. ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......lam, Advocate, instructed by Md, Aftab Hossain, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No. 20 of 1980. (From the Judgment and Order dated 30.4.79 passed by the High Court Division in Company Matter No. 10 of 1979.) ..Category: Business or Commercial Law | Date: | Hits: 107
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....trict Judge was of the view that Exhibit C having been denied by the pre-emptor, there was nothing on record to bind him by the effects of Exhibit "C". 4. The learned Judge also noticed that Exhibit C, that is, the application under section 117 of the Act, does not sh......e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......t the application was not signed and subscribed by the pre-emptor but it was signed and subscribed by his co-sharer Gurudas Mondal, who, according to the suggestions made to the witness at the trial, was siding with the transferees. The learned Counsel appearing for the appellant ...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. ..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
.... of the tenant subsisted after split of the jama in the jamindari sheresta is a question of fact and the onus is upon him who asserts it……….(9, 11) Non-compliance with proviso (a) to sub-section (1)of section 88A will not render the proceeding without jurisdiction ina......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. ......his order dated 17.4.63 again allowed the Misc. Case. Thereafter the appellate court below by its order dated 16.-11.64 in Misc. Appeal No. 50/63 dismissed the appeal and affirmed the decision of the trial court. Then the High Court was moved in Civil Revision No. 749/64 and by its order dated 25.1.......ppellate Division (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... this stage the plaintiff respondent filed an application for restraining the appellant from making demand on respondent 2 to encase the letter of guarantee and restraining respondent 2 also from honoring the said letter of guarantee. This prayer was granted by the High Court Division w...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......etter of guarantee is illegal and void for restraining the appellant from encasing the letter of guarantee and further, restraining the respondent 2 from honoring the said letter of guarantee. The trial Court rejected the plaint under Order 7 rule 11 of the Code of Civil Procedure holding that t......ttara Bank …………………………………………………Appellant Vs. Macneill and Kilburn Ltd. and others……………….Respondents Judg..Category: Banking Law | Date: | Hits: 130
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....g "Urs” on the lands described in the schedule to the plaint. The plaintiff died on 16.8.71 during the pendency of the suit without making any Will and without appointing any successor. Thereafter on 22.9.71 the respondent Madan Miah Chowdhury filed an application under Orde......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......dem of the "Dar barsharif" and he has been authorised by the Managing Committee to continue the suit. The learned Judge set aside the order of the Appellate Court and restored that of the trial Court. 17. The word ' 'Sajjadanashin", spiritual superior, is derived from the wo......ondker, Senior Advocate A.K.M. Shafiqur Rahman with him instructed by Md. Aftab Hossain, Advocate-an-Record,—For the Respondent. Civil Appeal No. 48 of 1979. (From the judgment and order dated 25-5-78 passed by the High Court Division in Civil Revision No. 152 of 1980.) ..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....ticular time for drawing up the decree. It, of course, lies in his interest to put in the stamp-paper for getting the decree drawn up and signed but he is not under any legal obligation to do so within a particular time. Similarly, the decree-holder is not required by any law to put in......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......would run from that date. The plaintiffs appealed, and the High Court Division, by the impugned order dated July 31, 1979, set aside the order of the lower appellate court and restored that of the trial court and directed that the execution proceeding should proceed. Special leave has been ...... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Amanullah Bhuiyan and others…………….Appellants Vs. Abdul Hafiz and or..Category: Procedural Law | Date: | Hits: 106
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....ncy 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 land but was not given an......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. ......s opposed on the ground that many other co-sharers by inheritance were not impleaded and that though this objection was railed at the earliest possible opportunity the defect was not rectified. The trial court allowed the pre-emption disregarding the objection, but the lower appellate court set ......…………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others………………………..Respondent ..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....te. It is not the concern of the probate court to decide whether the testator had title to the property or whether 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......on of Order 1, rule 10. Civil Procedure Code is applicable to a probate proceeding. The main question, therefore, is whether the respondents got any interest in the estate of the testator so as to be called upon to come and see toe proceeding before the grant of probate as provided under section 283......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. ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sreemati Charubala Sen Gupta, being read her substituted legatee. Sree Paresh Chandra Deb Gupta………………………………………………………….Appellant Vs. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....nion of India AIR 1958 S.C, 361 Moti Ram vs. NE Frontier Railway AIR 1964 S.C. 600; Tara Singh vs. State of Rajasthan AIR 1975 S.C. 1487: Shearar vs. Shield 1914 A-C. 80S; Sev Charan vs. State of Mysore AIR 1965 S.C. 280; Bisnunrayan vs. State of Uttar Pradesh AIR 1965 S.C. 1967. Lawyers Invol...... the law relating to the retirement of public servants and to provide formatters connected therewith; It is hereby enacted as follows: 1. Short title and commencement.—(1) This Act may be called the Public Servants (Retirement) Act, 1974. (2) It shall come into force at once and sh......body corporate constituted or established by or under any law and includes any other body or organisation set up by the Government; (b) "Nationalised enterprise" includes any commercial or industrial enterprise bank, firm, tea estate or any other enterprise owned by or vested in the Governme......uhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Health and Population Control and others…………………………………………Respondent Judg..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....status of enterprise, it was claimed that it became a public enterprise within the meaning of the terms as provided in the Comptroller and Auditor General (Additional Functions) Amendment Act, 1975 so that its accounts are now audited by the Comptroller and Auditor-General of Bangladesh. It gets a...... of a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 9, 1979. 2. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (here......as Gas Transmission and Distribution Company Ltd, did or did not maintain the corporate chancier of a limited company when in 1972. It was nationalized under the provisions of the Bangladesh Industrial Enterprise (Nationalisation) Order, 1972 P.O. No. 27 of 1972 and placed under the Corporation.......stribution Co. Ltd. & ors...........Respondent And A.K.M. Ayub Ali..............................................................Appellant (In C.A. 65 of 1980). vs. Eastern Refinery Ltd. and others.....................................................Respondent Judgment June 12, 19..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J K.M.Subhan J Badrul Haider Chowdhury J Bangladesh Steamer Agents Association...............Appellant Vs. Bangladesh & ors .................................ested in trade and was registered as an Association under section 26 of the Companies Act read with Section 3 of the Trade Organization Ordinance, 1961 (Ordinance No. XLV of 1961) hereinafter called the Ordinance as a nonprofit making concern having the main object of doing the busines...... any lawful authority. Ed. ......Pal, Senior Advocate, with S. C. Das, Advocate, Instructed by A. Rab-II, Advocate-on- Record.—For the Respondent Nos. 3 & 4. Civil Appeal No 36 of 1979 (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) ..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....0 Judgment: Kemaluddin Hossain CJ.- The question Involved in this appeal is whether the learned Judges of the High Court Division were correct in dismissing the suit brought by the predecessor of the appellant for the grant of Letters of Administration on the ground that the properl......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......nistration and the moot question railed on behalf of the Enemy Properly Authority was that in view of the notification of 3rd December, 1965 the Letters of Administration could not be granted. The trial Court found the Will genuine and granted Letters of Administration. On appeal a Division Benc......; Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Goutam Ranjan Sen and other............... Appellant Vs. Bangladesh and others………&h..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....gladesh, 30 DLR (SC) 207, Asma Jilani vs. Government of Punjab, PLD 1972 (SC) 139, State vs. Zia-ur-Rahman, PLD 1973 (SC) 49, Federation of Pakistan vs. Saeed Ahmed, PLD 1974 (SC) 151, State vs. Dosso (1959) 11 DLR (SC) 1; PLD 1958 (SC) 533, Nusrat Bhutto vs. Chief of Army Staff and Federation of ......ported to have been derived from such Proclamation, Martial Law Regulations, Martial Law Orders. (3) Whether the decision of the reviewing authority, namely, the Government of Bangladesh can be called in question under Article 102 of the Constitution despite the Proclamation of 6.4.79”. ......uted for appeal before the Appellate Tribunal Clause (4) of Regulation 4 provides that the Government may, on review, set aside, vary or modify any order, judgment or sentence or make orders for retrial or such other orders as it necessary for ends of justice. Clause (4) gives very wide power to ......eported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....ening) Ordinance, 1972 (the President's Order No. 67 of 1972). Charges against him were as follows:— 1) That the respondent had abused his power of office by utilising the police force for some personal purpose and with its help assaulted the members of the family of Abdur Rashid and Ja......ord 'person’ in clause (5) of Article 102, gives an inclusive definition first and then it excludes something from the inclusive meaning. It, therefore, envisages within its definition all entities called ‘Person’ in law and includes something more as given in clause (5). But then this clause...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....evision Nos. 94 of 1979 and 61 of 1979. Short question for our consideration in these appeals is whether the Sessions Judge reviewing the proceeding of Summary Martial Law Court is a persona designata. 2. The appellant in Criminal Appeal No. 22 of 1979 was tried by a Summary M......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. .......9.77 and Taka 3,100/ on 25, 10.77. When the Police party, as arranged previously, raided the office room of the appellant and recovered the aforesaid amount. The appellant was placed for trial under Regulation 11 of M.L.R. 1 of 1975 and the Summary Martial Law Court found him guilty of......General, instructed by B. Hossain, Advocate-on-Record--For the Respondent. (In both the Appeals). Syed Ishtiaq Ahmed, Senior Advocate—Amicus curiae. Criminal Appeal Nos. 22 and 23 of 1997. (From the Judgment and order dated 13-8-79 passed by the High Court Divisio..Category: Criminal Law | Date: | Hits: 62
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ant Vs. Nitya Gopal Shaha ……………………….Respondent Judgment July 15, 1980. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the appl......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......eous Case on 10-1-74. In revision at the instance of the respondent the learned Single Judge of the High Court by his judgment dated June 10, 1977 set aside order of the S.C.C. Judge and directed the trial Court to accept the security bond and to proceed with the Miscellaneous Case according to ...... The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte decree and the Court passes necessary orders on the application directing the applicant either to deposit t..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....ed 19.3.76 passed by the High Court Division in S. A. No. 973.) Judgment Kemaluddin Hossian CJ.- This appeal is by the heirs of the original plaintiff and the question of law involved is of some public importance in that, whether a power of attorney executed in India and authenticated by a......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......he Kabala Ext. 3 e), and the power of attorney Ext. 4 on the basis of which the Kabala was granted, did not confer legal title to the plaintiff. The first appellate Court reversed the finding of the trial Court but on the legality of the document both the first appellate Court and the High Court ......w, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....d that they are not the actual purchasers but they are the demanders of their mother Aironnesea who being a co-sharer by inheritance in the holding made the purchase in the benami of her minor sons, and, as such, the sale cannot be made subject-matter of pre-emption. Their further case is t......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......nable in the absence of contiguous land owned at named in the written objection. To meet the objection the appellant impleaded the persons whose names were supplied by the pre-emptee. At that trial only two points were pressed, namely whether the petitioners were the owner of the contiguous......hmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March 18, 1980. ..Category: Property Law | Date: | Hits: 73
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