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Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....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. ...... tenants of the holding, the holding stands separated under the law. If any of the tenants is aggrieved by the order, he can take recourse to appeal as provided in this section itself. In the absence of such an appeal the order becomes final and binding upon all the co-sharer tena......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. ..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....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. ......nd when remaining portion is Rs. 3/15/- annas convincingly proved that Ext. D was acted upon. Taking advantage of the discrepancy regarding father’s name of Abdul Gafur in petition (Ext. E) and absence of his name in the Khatian (Ext. H) the respondents had built up a case that all the co......not render the proceeding without jurisdiction inasmuch as a remedy has been provided by way of appeal and therefore the Civil Court cannot knock it out by holding it as having been made without jurisdiction in a collateral proceeding……..(12) No appeal was filed as provided ..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... 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. ...... 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. ...... said letter of guarantee. The trial Court rejected the plaint under Order 7 rule 11 of the Code of Civil Procedure holding that the plaintiff has no cause of action and the Court had no pecuniary jurisdiction to try the suit. On appeal the appellate Court below dismissed the appeal and affirmed..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......ot fully justifiable or when a Government servant who has been dismissed, removed or suspended is reinstated the punishing or revising authority may grant to him for the period of bus absence from duty—(a) if he is honorably acquitted the full pay to which he would have been ......elopment Board, when such Board may again pass a necessary regular order as mentioned therein." Leave was granted to consider whether the direction set out above is beyond the writ jurisdiction of the High Court Division. 3. Mr. Ahmad Sobhan, the learned Counsel app..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....s filed to avoid clash with the defendants, who, as the rival group, might attempt to hold Urns in the Darbarsharif and on the Darbarsharif land. 23. The learned Subordinate Judge on a totally erroneous view of the status of the Darbarsharif or Khankasharif determined the question of......nd the High Court Division made the Rule absolute holding, inter alia, that Sajjadanashin instituted the suit in his official and representative character and not in his private capacity and in the absence of the plaintiff the respondent, as Khadem, would continue the suit. 5. Leave was gr......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. ..Category: Civil Law | Date: | Hits: 91
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
.... the appellants is debt due to the Government of the then Pakistan 'and became a debit of the Government of Bangladesh." This Division took the view: "The imposition of the impugned tax was totally unauthorized and lacked legal foundation. It created no liability and so the question of deb......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....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. ......nder sub-section (1) of section 96 it a statutory right.........To give full effect to the statutory provision, all the necessary parties must be Impleaded, because, relief cannot be given in the absence of such party......Object of sub-section (2) is to have all the co-sharer tenants or all......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. ..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....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. ......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. ......ith the property. 7. In the case of Abdul Jalil Ansari vs. Surendra Nath Basu, 21 D.L.R, 331, a Division Bench of the Dacca High Court considered a similar question, whether the probate court got jurisdiction to go into the question of testator's title. In that case the Will was executed by one ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....uthority in the matter of retiring a government servant. It does not protect the government servant from becoming a victim of arbitrary and capricious action. The statutory provision exhibits a total disregard of the constitutional guarantee provided under Article 135 of the Constitution. Syed......ment. 8. Besides stating these facts, the appellant also mentioned that no principle or guideline was provided in section 9(2) of the Act for the exercise of discretion by the Government. The absence of any principle or guideline left scope for discrimination between government servants who ......n because there can be little dispute about the proposition that where a statutory functionary acts mala fide or in a partial, unjust and oppressive manner, the High Court in the exercise of its writ jurisdiction has ample power to grant relief to the aggrieved party, and it seems to me to be equall..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....e Company and its placement under the Corporation, doubts may arise as to the autonomous, and corporate character of the Company concerned, but In order to determine whether such character has been totally destroyed by or under the provisions of President's Order No. 27 of 1972, the provisions o......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ...... Tk. 600/- and above, under the administrative control of the Corporation. Consequently, the law of Master and Servant will not apply to him. Being in the service of the Corporation he can invoke the jurisdiction of the High Court Division under Article 102 of the Constitution in appropriate case. ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......dur Rahman vs. Collector and Deputy Commissioner (1964) 16 D.L.R (S.G) 470=PLD 1964 S.C. 461 It was held that "principles of natural justice" are to be read in every enactment In the absence of a provision to the contrary. 16. The House of Lords in the case of Ridge vs. Bal...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
.... from challenge in a Court of Law to any declaration made or action taken by or under the Proclamation. There is no vagueness or ambiguity in the meaning of the words used in this clause as regards total ouster of Jurisdiction of this Court". 21. In Haji Joynal Abedin's case also has been o......ent motive which was to silence the victim from disclosing the circumstances under which, he was caught red-handed in the company of Monowara in seclusion. The Court further found that that there was absence of heat of passion or influence of excitement in this case. On this finding the special Mart......owing a decision of the Supreme Court Bangladesh Appellate Division in the case of Halima Khatun vs. Bangladesh, 30 DLR (SC) 207 summarily rejected the writ petition in view of complete ouster of the jurisdiction of the Court by clause (6) (7) of M L.R. 4 of Marital Law Regulation No. 1 of 1975. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... 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. ...... 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. ...... The tribunal being empowered by law to deal with any member of the defense service or of any disciplined force, no remedy against the decision of such court or tribunal is available by invoking writ jurisdiction. So the High Court Division is incompetent to entertain an application under Article 10..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....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. ......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. ......lation 4 of M.L.R. 1 of 1975 provides that all proceedings of Summary Martial Law Court shall immediately after the determination thereof, be submitted to the Sessions Judge within whose jurisdiction the trials are held for review. Clause (5) of Regulation 4 provides that a Sessions Ju..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......properly constituted, the Tribunal being the final appellate authority constituted by the statute itself, and the Tribunal being a special forum created under the special law in the absence of any power specifically given for remanding a case for fresh hearing, the order of remand......itration Court. The Arbitration Court forwarded the record of the case to the Thana Magistrate recording that the appellant did not appear before the Arbitration Court, and as such it has no jurisdiction to make any order. The Thana Magistrate caused notices to be served on the parties, wh..Category: Constitutional Law | Date: | Hits: 153
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....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. ......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. ......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. ..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....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. ......ppeal by the appellants, the judgment was reversed by the Subordinate Judge. Second Court, Mymensingh. The learned Subordinate Judge held that the pre-emption case was not maintainable in his absence of some of the co-sharers by inheritance. On a revisional application filed by the pre-empt......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. ..Category: Property Law | Date: | Hits: 73
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......rit Petition No. 835 of 1979. Judgment K. Hossain CJ.- In this appeal a question of law of some public importance it involved namely, whenever the High Court Division, in the exercise of writ jurisdiction of under Article 102 of the Constitution, acted in accordance with law in restoring the..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
.... Instance, will be inconsistent with s.38 which provides that a decree may be executed either by the court which passed it or by the court to which it is sent for execution: the other point it that total avoidance of any reference to execution in 144 which repeals s. 583 of the preceding Code of......he date of the decree of the first appellate court whether any appeal there from is filed or not and that once the limitation begins to run it cannot he impended by the filing of an appeal and in the absence of any order of stay. In support of the contention he has cited a number of decisions parti......ion of the court and will be ordered only when the justice of the case calls for it. The jurisdiction as to restitution bears only a superficial resemblance to the Jurisdiction at to execution. The jurisdiction to order restitution is inherent in the court and it flows not from any power which it ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ority as required under the said Ordinance. His further case is that the omission to mention about bainapatra in the sale-deed was due to inadvertence and mistake. The defendant, however, gave total denial to the case "of the plaintiffs that defendant No. 1 on false representations......ntiffs that they should leave the title deeds of their respective immovable properties with him for being kept in the Deputy High Commissioner's Office in order to protect their interests in their absence; and that the same would be necessary to enable them getting land and settle in India. The ......ansferred does not exceed one acre. Sub-section (6) of sec. 4 requires permission of the competent authority for registration of an instrument of transfer of such property, Section 6 ousts court's jurisdiction to entertain certain suits relating to immovable property of a member of the minority ..Category: Property Law | Date: | Hits: 75
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