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Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....sp; D.C. Bhattacharya J: This appeal by special leave at the instance of one of the plaintiffs of a suit for a declaration of title to and recovery of possession of a certain property is against a judgment of the Chief Justice of Dacca High Court, sitting singly, allowing a......J D. C. Bhattacharya J Fazle Munim J Nurun Nabi Mondal and others………………………..Appellants ......ctions or where there is any doubt as to the true scope of the provisions of that enactment, the preamble may be of some guidance. The Act was professedly passed with the object of removing all legal obstacles to the marriage of Hindu widows. The preamble stated that it was known Hindu widow..Category: Property Law | Date: | Hits: 59
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....n is concerned the Appellate Division struck down a part of the order of the Election Tribunal, as affirmed by the High Court Division, on account of two infirmities, namely, the absence of a proper election petition as contemplated in rule 56 of the Election Rules and the violation of...... Supreme Court Appellate Division (Civil) Present: Syed A. B. Mahmud Hussain CJ Abul Hayat Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Abul Haya...... can challenge the validity of the election to any of the offices of the Union Parishad provided that it is proved that the election to such office has been materially affected by the illegalities and irregularities complained of and provided that sufficient opportunity&n..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
.... replaced the former enactments and the provisions of the later enactments shall have to be examined for finding out the answer to the question raised in this appeal. 13. For the proper appreciation of the question raised it is necessary to look into the basic princ......stances of the case there shall be no order as to costs. Ed. ......petent to enter into an agreement on behalf of the complainants. 4. The Labour Court, by its order dated 8-8-67 held that the agreement entered into between the Company and the Union had no legal effect and directed the Company to reinstate all the complainants with full back wages a..Category: Labour and Industrial Law | Date: | Hits: 138
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......t 26, 1976. Cases Referred to — Solicitor vs. A.T. Mridha, 26 DLR (SC) 173 (dissented from by the present Supreme Court judgment): Tozammel Hossain vs. State, (1975) 27 DLR 36 and A.T. Mashood vs. State, (1975) 27 DLR 93 (stand over-ruled) Shaymal Chandra vs. State, Cr.M.C. ......aled statute namely P. O. 50. The High Court Division did not uphold that contention. The High Court Division has held that by virtue of section 6(e) of the General Clauses Act any investigation or legal proceeding started under the repealed statue would not be affected by the subsequent repeal o..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....0th January, 1958 issued by the Government of East Pakistan under sub-section (2) of section 1 of the Act, extending the Act, among other areas, to Paschim Sholashahar where the factories and properties of the appellants lie. The legality of this Notification was, however, challenged b......p;Appellant (In Appeal No. 6 of 1972). M/s Carpet Allied Products Ltd………………. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment May 7, 1976.......ment of East Pakistan under sub-section (2) of section 1 of the Act, extending the Act, among other areas, to Paschim Sholashahar where the factories and properties of the appellants lie. The legality of this Notification was, however, challenged by two of the present appellants, namely, M/..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
....sain J.- These two leave petitions are heard together as they arise from the same order of temporary injunction in a suit filed by the petitioners for permanent injunction. 2. The suit property is a hat known as Noapara hat and the plaintiffs claim it to be a wakf propert......ellip;……………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh and ors. .............. Respondents (In C. P. No. 4/77) Judgment January......at. It was further urged that on the prayer of the Tarabo Union Council, Noapara hat was allowed to sit for a short period, and the permissive period expired on 13.4.72, and its continuation was illegal. It was further contended that the land was recorded in the S. A. Khatian as a secular l..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....h almost every public enterprise approximates: (1) departmental administration; (2) the joint stock company controlled completely or partly by public authority; and finally (3) the public corporation proper, as a dis-tion type of corporation different from the private Law company. It appears to be a...... Case is also Reported in: 29 DLR (SC) 41. ......onsideration of the affidavits declared the impugned order dated 31-5-1973 dismissing the respondent from the service of the Corporation to have been passed without lawful authority and of no legal effect. 4. The appellant-corporation moved this Division for special leave to appeal and ..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
.... under section 42 of the Specific Relief Act. We may refer to section 42 the Specific Relief Act which runs thus: ''Any person entitled to any legal character or to any right as to any property, main institute a suit against any person denying, or interested to deny, his title to ....... Ed. ......ion. 2. Respondent No. 1. filed a title suit for declaration that the order dismissing him as Grade-II Officer (2nd officer) in Janata Bank, Munshiganj Branch on 19-12-1973 is illegal, ultra vires, void, inoperative and not binding on him and for a declaration that he still is..Category: Employment/Service Law | Date: | Hits: 70
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ...... Ed. ......cial to the security or interest of Bangladesh or the public safety or the maintenance of law and order." 3. It was contended before the High Court that the orders of detention were illegal and the said orders were made not for bonafide purpose for preventing the detenu from doing a..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....% interest set aside. 4. Leave was granted to consider three questions: (1) whether award made under Section 93A of the Town Improvement Act, 1953 is appealable; (2) what should be the proper basis of calculation of compensation of immovable property acquired for the purposes of the ...... Ahsanuddin Chowdhury J Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Re......ourt specifically set up by the statute for the determination of that value. The merits of the present dispute are essentially different in character. The claim was the assertion of a legal right to possession of any property in land; and if the ordinary courts of the country are s..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....the appellant acquired 16 annas interest on the basis of two documents namely, a deed of lease dated 8. 8. 1956 and a deed of sale of rent receiving interest dated 9.8.1956 constituting sale of the property within the knowledge of the monthly tenant Azharuddin Ahmed allegation that the defendant h......Ahsanuddin Chowdhury J Fazle Munim J Fazle Munim J Abul Layes.......................................... Appellant Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed and others. ………..Respondents Judgment August 18, 1976 Lawyers Involved: Abdul Mal......ate Division (Civil) Present: Ahsanuddin Chowdhury J Fazle Munim J Fazle Munim J Abul Layes.......................................... Appellant Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed and others. ………..Respondents Judgment August 18,..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... two namely, Ledu and Fazal. It is evidence that in the case of Alimjan, the murder having taken place in consequence of inducement facilitating the murder, the charge that was considered proper was of abetment of murder against persons responsible for facilitating murder and of mu......ppeal is, accordingly, disposed of. Ed. ......ies of various kinds such as loot, arson, rape and murder in different parts of Sitakunda Police Station and thereby aided and abetted the occupation force in maintaining and sustaining the illegal occupation of Bangladesh. In doing so they actively resisted and sabotaged the efforts of the..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....t for life on the view that the condemned prisoner as one of the members of law enforcing agency was deputed at the Ferry Ghat “ for maintaining law and order and securing safety of life and property of every citizen who are crossing the river by ferry had taken the life of a young bus dri......onj in Sessions Case No.13 of 1991 upon convicting him under section 302 of the Penal Code has been affirmed by the High Court Division upon accepting the Death Reference No.10 of 1993 by the judge and order dated March 14, 1999. 2. Incident in which the condemned prisoner c......he bus with the registration No. Noakhali ‘Ba’ 3683 upon leaving the ferry while proceeding towards the bank of the river Meghna then Ansar Chan Mia for extorting ‘chanda’ illegally tried to stop the bus and the bus driver Siddique Bhuiyan upon rejecting the demand of &lsq..Category: Criminal Law | Date: | Hits: 74
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....r interference in the matter. 6. It appears that, the. High Court Division found that the writ petition is not maintainable and discharged the R taking the view that ‘the proper remedy of the Government was by way of appeal before the Appellate Division. It appears that......epublic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Dhaka...... ............Petitioner Vs. Member, Administrative Tribunal, Dhaka and others............................... Respondents Judgment ......mpetent to direct retirement of respondent No. 2 under section 9(2) of Public Servants (Retirement) Act, 1974 after completion of 25 years of service which has been done in public interest and no illegality or irregularity has been committed in retiring the respondent from service and there was ..Category: Administrative Law | Date: | Hits: 132
Habibur Rahman Howlader Vs. State and another, 2001, 30 CLC (AD)
....ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ......n (Criminal) Present: Latifur Rahman CJ Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Habibur Rahman Howlader...................Petitioner Vs. State and another..................... Respondents Judgment November 7, 2000. Result: ........................... Respondents Judgment November 7, 2000. Result: The petition is dismissed. The Negotiable Instruments (Amendment) Act, 1994, Section 138 Since a legal notice was served within fifteen days of information of return of the cheques, there was no va..Category: Business or Commercial Law | Date: | Hits: 117
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....se. The trial Court also found that there was no scope for service of summons of the earlier suit upon the predecessor of the present plaintiff and that the plaintiffs are in possession of the suit property hut the appellate Court found that in collusion with the defence lawyer decree was obtain......0. The Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found that illegality has been committed in not calling for the ...... Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found that illegality has been committed in not calling for the record of the earlier Title Suit No. 21 of 1968 ..Category: Property Law | Date: | Hits: 74
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ......ior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 221 of (From the Judgment and Order dated 29-06-2000 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case ...... We have gone through the judgment of the High Court Division and heard the learned Advocate of both the sides. It appears that the High Court Division made certain observations on the factual and legal position but all these are prima facie observations made while disposing of only the injuncti..Category: Intellectual Property Law | Date: | Hits: 224
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......d. Ruhul Amin J Md. Fazlul Karim J Mozibur Rahman Moznu (Md)...........................Appellant Vs. Abdul Halim and others......................................... Respondents Judgment ......f the High Court Division in Writ Petition No.106 of 1998 declaring respondent-appellant as being the elected Chairman of No.3, Citholia Union Parishad in Parshuram Police Station, District Feni illegal and without lawful authority. 2. Writ-petitioner-respondent No.1 challen..Category: Election Law | Date: | Hits: 124
Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)
....a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ...... Rabbani J Md. Ruhul Amin J Hefazetur Rahman...................................Petitioner Vs. Kazi Anowar Hossain and others......................Respondents Judgment Febru......nue, Dhaka with the help of police force requisitioned under Memo No. 72-AP (Bani) 95/6 dated 25-10-1995 Annexure-’G’ to the petition has been done without lawful authority and is of no legal effect and directed respondent Nos. 1 and 5 in the writ petition to restore possession of the..Category: Constitutional Law | Date: | Hits: 141
Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
....e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ......nbsp; Abu Taher......................... Petitioner Vs. Nur Muhammad and others....................Respondents Judgment Januar...... application for rectification of share of the respondent was rightly allowed. 5. Mr. Ajmalul Hossain, learned Advocate appearing for the petitioner, could not point out any illegality committed by the Company Judge as the alleged transfer of 10 shares of respondent to the p..Category: Business or Commercial Law | Date: | Hits: 97
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