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Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....appeal is allowed. The Small Causes Courts Act, 1887 (Act IX of 1887), section 25. The Transfer of Property Act, 1882 (Act IV of 1882), sections 105, 106. The right of occupation remains personal with the tenant. The right being personal it ceases with the death of either party. So on the ......dvert to the second half of the definition of 'tenant,' which says that it also includes a person continuing in possession after the termination of his tenancy. In this view of the matter, we are not called upon to dilate on this Ordinance any further. 9. At the outset, it is to be observed that ...... the tenancy was in favour of Balaram, and on his death it has devolved upon both the respondents as his heirs and so the notice to quit u/s. 106 of the first Respondent was insufficient. 3. The trial Court on consideration of evidence, both oral and documentary, accepted the plaint case that......upreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J KM Subhan J Abdus Sattar & others................Appellants. Vs. Suresh Chandra Das & others………….Respondents Judgment May 2, 1978. Result: The appeal ..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....rse. The High Court Division further noticed that the summons bad been suppressed and the decree was obtained ex parte fraudulently. This finding of fact was arrived at by the appellate Court below also. The High Court Division considered that this finding was arrived at on evidence and then it proc......965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ...... 5-6-66. Respondents filed an application under Order 9, rule 13 of the Code of Civil Procedure on 9-6-68, to set aside ex parte decree which led to the Miscellaneous Case No. 93 of 1966. 3. The trial Court found that the processes were served in accordance with law. The petition was barred by ............Appellant Vs. Abdul Latif Sardar………Respondent Judgment February 5, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Order IX, rule 13 It is by practicing deceit and fraud that the decree was obtained and when such fraud and deceit is established, a decree has n..Category: Property Law | Date: | Hits: 69
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
.... 1965 (Act XXV of 1965), section 2(b). Security employees of the factory filed the case for remedy as workers. The definition of worker and manufacturing process clearly reveals that unless a person is able to identify his duty as relatable to the definition, he cannot, just because he is emplo......as to costs and the matter is remitted to the Labour Court with liberty to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ...... Cable Shilpa Ltd. is the employer who filed a petition under Article 102 of the Constitution challenging the judgment and order dated 8th November, 1977, passed by the Labour Court, Khulna in Industrial Relations Ordinance Case No. 35 of 1977. 2. In the Writ Petition it was contended by the a...... (Civil) Present: Kemaluddin Hossain CJ K. M. Subhan J Badrul Haider Chowdhury J General Manager, Bangladesh Cable Shilpa Ltd........ Appellant. Vs Chairman, Khulna Labour Court and others..............Respondent Judgment April 4, 1979. The Factories Act, 1965 (Act XXV..Category: Labour and Industrial Law | Date: | Hits: 267
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
.... arises and learned authorities are cited in support of the proposition that a taxing statute is to be construed strictly in favour of the subject. But this view though not abandoned in case of unresolved ambiguity, does no longer find favour with the judicial authorities. This view of strict cons......, the Appellate Tribunal took the view that the agricultural income derived from the Wakf is wholly exempted from tax under section 4(b) of the Bengal Agricultural Income Tax Act, 1944 (hereinafter called the Act), and allowed all the appeals. The appellant, Director of Taxation, East Pakistan t......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......ppeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judgment. August 18, 1978 Interpretation of taxing Statutes- Doctrine of Laissez Faire and welfare economy. In interpreting a taxing statute a controversy often arises and learn..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....in possession of the land in question and had grown the paddy. On these findings the suit was decreed by the trial Court. The first appellate Court, to whom an appeal was taken by the defendants, also found the plaintiffs title to the suit land but held that the defendants were in possession of th......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 ......brought a suit for recovery of money by way of damages against the defendants on the allegation that they had cut away the paddy grown by the plaintiffs on their land, as described in the plaint. The trial Court found that the plaintiffs had title and were in possession of the land in question and......elow restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ..Category: Property Law | Date: | Hits: 56
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....Proclamation shall be deemed to have been made by the Chief Martial Law Administrator and they could be amended and repealed only by the Chief Martial Law Administrator, (in) The Parliament stood dissolved by this Proclamation and dissolution dated back of 6th November, 1975 and general election fo......a Akhtar Khatun before the Sub-Divisional Magistrate, Kishoreganj alleging, inter alia, that on March 18, 1975 at about 4 P.M. accused Chand Mia and others (not named) being armed with deadly weapons called her husband Irfan Ali out of his house and took him to the Mear Bazar where he was killed by ......ministrator. In the Writ Petition it was mainly contended, inter alia, that the proclamation dated August 20, 1975 and the Martial Law Regulation No. 1 of 1975 made thereunder having not provided for trial of the offences committed before proclamation, the trial of the condemned prisoners is witho......AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....in the charter party was not incorporated in the Bill of Lading and consequently the arbitration clause was not applicable to the contract evidenced by the Bill of Lading. The High Court Division also noticed that fraud, collusion and conspiracy were alleged by the Respondent No. 1. In this view o......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 ......normal voyage is for 8/10 days. The appellants had offered an explanation that the voyage was delayed due to an engine trouble which needs, to be substantiated on evidence and that can be done at the trial. The question of fraud, collusion and conspiracy as alleged by the Respondent No. 1 against th......) (1980) 107 ..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....98), Section 561A. The Special Powers Act, 1974 (Act XIL of 1974), Section 29. Section 29 of the Special Powers Act has made applicable all the provisions of the Code of Criminal Procedure in so far as they are not inconsistent with those contained in the Act to the proceedings of the Spec......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 ...... be quashed. The argument is misconceived. Whether the statement made by a co-accused is admissible or whether a conviction should be based upon such exculpatory statement is the question for the trial Court to be decided on evidence. It is too early to say whether there is any truth in such sta......tions aforesaid. Cases Referred to- AIR 1946 (PC), 169; Nuru Bepari vs. State,31 DLR 341; Bangladesh vs. Tan Khong Hock, 31 DLR (AD), 69; Bangladesh vs. Shahjahan Siraj, Criminal Appeal Nos. 9 and 10 of 1978. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....rt." By the same amendment an explanation was added under clause 2 which reads as follows: "Explanation—A case triable by a Court of Sessions pending before & Magistrate for enquiry may also be transferred to a Martial Law Court for trial". According to the learned Counsel sanction of......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. ......The Petition is dismissed. The Code of Criminal Procedure, 1898 (Act V of 1898), section 197. Sanction under section 197 Cr.PC. can be obtained after submission of charge-sheet but before the trial commences………….(4) When facts show the commission of an offence it becomes a ‘case...... (Civil) Present: Fazle Munim CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Dr. Mozammel Huq Chowdhury…………Petitioner Vs. Chief Martial Law Administrator and others....Respondents Judgment June 22, 1978. Result: The Petition is dismissed. ..Category: Criminal Law | Date: | Hits: 58
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....ency of the miscellaneous appeal in the High Court Division the said appeal abated, and until unless the abatement of the appeal was set aside the Court of appeal below had no power to substitute and so dismissed the application for substitution. The High Court Division which moved under section 115......e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......f this appeal are that the respondent brought a suit for declaration of title and recovery of possession of a certain property. The suit contested by different sets of defendants was decreed by the trial Court. The appellants along with others since deceased, having preferred an appeal against the...... @ Hapan Tudu & ors………….....Appellant. Vs. Munshi Abul Khair ……....Respondent Judgment April 7, 1979. The Code of Civil Procedure, 1908 (Act V of 1908), Order XLI, rules 4 and 33. The defendant-appellants who were not dead could carry the appeal to its conclusion, an..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....ed as the Arbitrator in the case. The claim was contested by the then Government of East Pakistan contending that the claim was highly inflated; that the Deputy Commissioner awarded a fair and reasonable amount of compensation having regard to the quality of the land, the situation and all oth......ion (5) clause (b) will reveal that the power as well as mode of assessment of compensation under the special law has been provided for an application of provisions of Land Acquisition Act is not called for. The provision of special law fits in with the fact of the case and so the general prov......ds the general provision of the Land Acquisition Act will apply where there is no specific provision in the Town Improvement Act. It was held that as there was nothing specifically said about the trial procedure or the character of the award made by the Court under the Land Acquisition Act read ...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM Subhan, J Badrul Haider Chowdhury, J Bangladesh...............Appellant. Vs. Abdur Rashid and others..........Respondents Judgment August 9, 1979. The Town Improvement Act, 1953 (X..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
.... after accepting his joining report sent him to the Bangladesh Council of Scientific and Industrial Research Laboratories, Dacca, hereinafter referred to as "the Council", for duty. The Council absorbed the appellant in the Administration Branch and subsequently in 1974 the appellant was trans......ded. The other proceeding was drawn up on May 4, 1977 on the allegation of misbehavior with the Superintendent on June 26, 1976. The petitioner submitted his explanation in both the cases. The former called for a major punishment but the latter called for a minor punishment. Annexure E is a letter S......Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and Industrial Research and others ............Respondents Judgment April 26, 1979. The Constitutio......Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and Industrial Research and others ............Respondents Judgment April 26, 1979. The ..Category: Employment/Service Law | Date: | Hits: 130
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....gladesh and another…………................Respondents Judgment August 8, 1979. The Government Servants (Discipline and Appeal) Rules, 1976, Rules 3(b)(c), 11. The order of compulsory retirement even if passed with immediate effect the incumbent, due to the operation of this pro......cer in the Tariff Commission. On certain allegations of corruption and misconduct a proceeding was drawn against him under the Government Servants (Discipline and Appeal) Rules 1976, hereinafter, called the Rules, by the Secretary, Ministry of Commerce. The procedure as laid down in the Rules wa......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 ......vision (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and another…………................Respondents Judgment August 8, 1979. The Governme..Category: Employment/Service Law | Date: | Hits: 72
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... …….....Appellant Vs. Taher Ali Sarder and others...Respondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 13(2) proviso. In the absence of prescribed rules the members purported to exercise power to that effect for......d or a Chairman, Vice-Chairman or an elected member of Zilla Parishad shall not be removed from his office on any ground mentioned in sub-section (1) unless, at a special meeting of the Parishad called for the purpose in the prescribed manner, a resolution to the effect that he is liabl...... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......pellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K. M. Subhan, J Badrul Haider Chowdhury, J Azizul Molla …….....Appellant Vs. Taher Ali Sarder and others...Respondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordi..Category: Employment/Service Law | Date: | Hits: 108
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....the learned Single Judge took the view that the tenant is one of the two widows with seven children and was using the suit premises as a hotel for their maintenance and she had five daughters and two sons of which two daughters were married and two sons were minors. The learned Judge of the High C......he decree holder. The ends of justice presuppose to hold balance even between the contesting parties. It is also to be remembered that the manner in which the stay or moratorium has been granted is uncalled for inasmuch as time could have been prayed for before the executing Court itself. It is to b......ctment was that the tenant was in default of payment of rent, sub-letting without the consent of the landlord and for bonafide requirement of use and occupation of the premises by the landlord. The trial Court decreed the suit but on revision the learned Single Judge reversed the finding of bonafi......e Division (Civil) Present: Kemaluddin Hossain, C.J., Ruhul Islam, J., K. M. Subhan, J. Badrul Haider Chowdhury J. Md. Shahidul Haque ...Appellant. Vs. Mst. Rahiman Bibi and another....Respondent Judgment April 26, 1979. After passing of the decree or the fina..Category: Tenancy Law | Date: | Hits: 69
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....aqf or not and his decision can be challenged before the District Judge. Section 50 of the Ordinance has been inserted in the enrolment chapter. Specific provisions have been made regarding the person, property, time and manner in which the enrolment is to be made. In this context, section 50......n a dispute and so the adjudicatory authority of the Administrator may not be invoked. There may be cases, of course, where a dispute is raised at the time of enrolment when the Administrator will be called upon to decide the waqf character of the property. The moment the Administrator decides the q......sts of mosque, dargah and graveyard. The defendant entered appearance and before filing written statement raised the question of competency of suit which has been held against him concurrently by the trial Court and the High Court in revision. 4. The learned Single Judge of the High Court procee......9 ..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
.... as public path, attacked the informant and other villagers who protested and caused injuries to them by using a gun. Police held investigation and a charge sheet was submitted against the accused persons under section 148/324/431/379 B P.C. The informant moves the Subdivisional Magistrate, Sylhet......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......ng contained in the Code or in any other law for the time being in force, a Special Tribunal may take cognizance of an offence, triable under this Act without the accused being committed to it for trial, but shall not take cognizance of any such offence except on a report in writing made by a po......reme Court Appellate Division Criminal Present: Kemaluddin Hossain, CJ. Fazle Munim, J K.M. Subhan, J. Siraj Miah................................Appellant. Vs. Bangladesh and another…….... Respondents Judgment April 25, 1978. The Special Powers Act, 1974 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....…….(24) The amendment of the Special Powers, Act by Ordinance No. XL of 1977 did not have the effect of excluding the cases from the jurisdiction of the Special Tribunal, particularly, in so far as it did not have any retrospective operation on the pending cases………………….(3......ection 438(1) provides that the Sessions Judge or District Magistrate may report to the High Court for orders. Section 439 specifies the powers of the High Court in cases in which records have been called for under section 435 or reported to it under section 438 or which otherwise comes to its k......rties' it will be held to apply prima facie to all actions pending as well as future'' (vide Kinlay v. Draper, 186:5 LR 3 QBD 160 at 163). In the opinion of the learned Judges as "in these case the trial has not started and, therefore, the question of continuing proceedings does not arise". After ......963 SC 447; Uttar Pradesh v. Md. Naim, AIR 1964 SC. 703 at 705; Ratilal Bhanji Mithan Vs. Asstt. Collector of Customs, AIR 1967 SC 1639 at 1641; Golam Mohammad Vs. Mozammel Khan, (1967) 19 DLR SC 439 and Government Vs. A.T. Mridha (1974)26 DLR (AD) 17 at pp 21, 25; AIR 1945 PC 94; AIR 1945 PC 18; ..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....endant earlier. 4. On Second Miscellaneous Appeal taken to the High Court Division by the plaintiff, the learned Single Judge affirmed the order of the court of appeal below and while doing so observed that the trial Court ought to have entertained the application under section 151 of the......ets second chance to re‑open the order which is against the basic concept of jurisprudence on the finality of an order. The second is that the court of co‑ordinate jurisdiction will be called upon to revise its own earlier order once it has taken a view on that order. We, however, no...... why the written statement of the defendant should not be expunged. On 26.2.70 the defendant filed another petition for time but did not reply to interrogatories. This petition was rejected and the trial Court expunged the written statement and fixed 24.3.70 for ex parte disposal of the suit. O......haraj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-Record–For the Appella..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....ial leave, the short question is whether the High Court Division applied its judicial mind while summarily rejecting an application by the accused-appellants under section 561A Cr.P.C., which sought to quash their conviction for theft on the ground that the conviction was based on no eviden......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......ccused Shafi was produced before a Magistrate who recorded his confessional statement implicating himself and these three persons in the crime. In due course all these four accused were sent up for trial which was held by a Magistrate, Second Class, on a common charge of theft against all and a ......upreme Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J. Mofazzal Hossain Mollah and others .........................Accused-Appellants Vs. State ......................Category: Criminal Law | Date: | Hits: 44
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