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Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....p;……………..Respondents Judgment November 26, 1980 Result: The appeal is dismissed. Small Cause Court Suit Respondents filed S.C.C. suit for eviction of appellants from suit premises claiming title to the premises on the basis of a decre......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ......ises and dismissed that suit. S.C.C. Judge had no jurisdiction to go into the question of paramount title, and in doing so to set aside the decree of a civil Court obtained by predecessor of the plaintiff in a suit for specific performance of contract. The Small Causes Court has no jurisdiction..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
....wer to convert an acquittal into conviction. Unless the power of conversion of acquittal into conviction is specifically provided in a statute such power cannot be read into it and exercised. Before the provision for review was brought into this statute by amendment there was provision for app......ower of conversion of acquittal into conviction is specifically provided in a statute such power cannot be read into it and exercised. Before the provision for review was brought into this statute by amendment there was provision for appeal against an order of sentence of a Martial Law Court and the......he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....et in Crl. Motion No. 9/111/79 setting aside an order of a Magistrate, 1st Class of Sunamganj passed on 29-6-79 in C.R. Case No. 769 of 1976 and directing him to send the case to the Court of Session for trial. 2. On a First Information Report lodged by the petitioner No. 1 Abdul Bari on 29-3-7......itted and whether process should issue. The object and scope of an enquiry under the amended sub-section (2A), appears to remain the same. The proviso to sub-section (2A), which has been added by the amendment only provides that, if it appears to the Magistrate that the offence complained of is tria......VIII of the Cr, P.C. committed the accused persons to the Court of Sessions to stand trial on the aforesaid charge. 3. Over the same occurrence, Opposite Party No. 2 Khudeja Bibi filed a complaint on 12-7-76 against the petitioners and another, namely, Kacha Mia in the Court of the Sub-div..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....the law. This is not legally tenable as a power of attorney executed in terms of Registration Act or under other provisions of law which confers s valid power on the attorney to act as an agent for the principal does not require registration except that its authentication under the law is......rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......n) Rules, 1973 S. R. Pal, Senior Advocate- appearing as Amicus Curiae C. A. 100 of 1979 from S.A. 973 of 1967 Judgment K. Hossain 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..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....am Chowdhury J.— This Rule was directed against the order dated 19-11-79 passed by Mr. H. Hoque, Subordinate Judge, 3rd Court, Dacca in T.S. No. 152 of 1973 allowing plaintiff's prayer for amendment of the plaint. 2. Facts giving rise to the present rule are as follows: That......howdhury J.— This Rule was directed against the order dated 19-11-79 passed by Mr. H. Hoque, Subordinate Judge, 3rd Court, Dacca in T.S. No. 152 of 1973 allowing plaintiff's prayer for amendment of the plaint. 2. Facts giving rise to the present rule are as follows: That on ......udgment Amirul Islam Chowdhury J.— This Rule was directed against the order dated 19-11-79 passed by Mr. H. Hoque, Subordinate Judge, 3rd Court, Dacca in T.S. No. 152 of 1973 allowing plaintiff's prayer for amendment of the plaint. 2. Facts giving rise to the present rule ar..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....t Court) in Title suit No.62 of 1984 rejecting the petitioner's application filed under Order 7, rule 11 of the Code of Civil Procedure. 2. Plaintiff-Opposite Party No.1 instituted the aforesaid suit for a decree: (a) declaring that the plaintiff is the legally elected Chairman of......Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267 ......shy;tioner's application filed under Order 7, rule 11 of the Code of Civil Procedure. 2. Plaintiff-Opposite Party No.1 instituted the aforesaid suit for a decree: (a) declaring that the plaintiff is the legally elected Chairman of No.1, Bangora West Union Parishad on the basis of the C..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....nd the period of limitation giving direction—Compliance with the Court's direction within the time fixed by Court—Application to set aside the decree maintainable. Applicant for setting aside ex parte S.C.C. decree may deposit the decretal amount or furnish the requisite se......urt set aside the order on taking the view that the application was not competent due to non-compliance of the provisions of section 17. This decision being of the time previous to the amendment of the proviso in 1935, cannot be treated as an authority on the question. In the cas......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: 1 BLD (AD) (1981) 95 ..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....t the correction of the Municipal papers failed and so he filed the suit. 3. The defence was that the two brothers were joint in mess and property, and they separated only seven or eight years before the institution of the suit, and so the defendant was entitled to half of the interest in......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......is the appellant and the appeal stands on the question whether the Court of appeal below and the learned Single Judge of the High Court on right principle decreed the suit. 2. Facts are that the plaintiff is the nephew, and the principal defendant is the uncle, and the dispute between them cent..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....h; F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payment for the goods become due……….(6) Proper......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ...... dated 30.11.65 of the learned Subordinate Judge, 1st Court, Chittagong in Money Suit No. 34 of 1959 of his Court whereby he decreed the suit for the amount claimed in the suit and costs. 2. The plaintiff's case was that in September, 1958 the defendant-firm at Chittagong contracted over ph..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....estion involved in this appeal as urged by Mr. Pal is a substantial question of law of some public importance; as to whether Ordinance 1 of 1969 was not continued by Laws Continuance Enforcement Order, 1971, since it ceased to be a valid piece of legislation. 2. In Order to ....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....smission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the Administrative Manager of the Enterprise which is contained in the letter from the Minister for Labour is as follows:
"In recognition to his all dedicated and efficient particip......
(cc) "public enterprise" means a company or firm, whether incorporated or registered or not, in which the Government has at least fifty percent share or interest,"
28. By the amendment of section 5 of the same Act, namely, Act XXIV of 1974, it was provided that accounts of a......vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....o death by the judgment and order dated August 5, 1978 which has been duly confirmed. Against the order of conviction and sentence the appellant moved the High Court Division in its writ jurisdiction for an order declaring the proceedings taken in passing the judgment and order dated 5.8.78 in M.L. ......tion, According to him the review should have been made by the reviewing authority as contemplated under the Regulation, that is, as the substitute of appellate authority. It may be mentioned that by amendment review by the Government was substituted for appeal before the Appellate Tribunal. Clause ......1978 at about 1.30 P.M.; and he in collusion with Driver, Anwar Hossain and mother Syeda Begum falsely fabricated a story of suicide and through his brother Iftekheruddin alias Babul lodged a complaint in the Motijheel P.S. to that effect. Dr. Mozammel Hoq Chowdhury carried out the post-mortem ..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....e reconveyed if the money is repaid within 19 years. The respondent No.3 made an application under section 95(4) and (5) of the East Bengal State Acquisition & Tenancy Act to the respondent No. 2 for restoration of possession of the said land. This petition was allowed on 30-3-73 and therea...... from mortgage by conditional sale. The High Court Division had erred in holding that the President's Order No. 24 of 1973 has led to the constitutional difficulty which, however, was a mere amendment of a grammatical error. Lastly, it was contended that the High Court Division erroneously ......High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... raised in these appeals are common, they were heard analogously and this judgment will govern all the four appeals. 4. 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 in......ntioned sections it is not necessary to quote them in this judgment. 21. Conclusions reached in this decision on the interpretation of other relevant sections of the Ordinance are that after the amendment of section 34 which no longer contains the expression "any party to such dispute......ommunicate his decision, in writing, to the said worker." (b) if the employer fails to give a decision under clause (a) or if the worker is dissatisfied with such decision, he may make a complaint to the Labour Court having jurisdiction, within thirty days from the last date under clause (..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
.... yearly renewals. He executed licence documents. The defendant was dismissed from the service of the plaintiff in July 1956. As he did not vacate the land, on demand the plaintiff instituted the suit for declaration of title and recovery of possession. The Government was the defendant no. 2 in the s......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ...... Judgment Mustafa Kamal J. - These two second appeals have been preferred against a single judgment of affirmance dated 31.3.65 passed by the Subordinate Judge, Second Court, Sylhet. 2. The plaintiff Dhamai Tea Company Ltd. filed T.S. No. 76/58 in the Court of the Munsif, Second Court, Mou..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....ants. Fakir Abdul Mannan with Bazlur Rahman, Advocates-For the Respondents. F.A. 47 of 1975 Judgment Abdul Wadud Chowdhury J. - This appeal by the plaintiffs arises out of a suit for declaration that the plaintiffs are the owners of the property on the basis of a gift and is dir......als and evidence on record decreed the suit. On appeal the suit was remanded, mainly on the ground that the defendants had no opportunity to file additional written statement against the belated amendment of the plaint and to examine the witnesses with a view to controvert the genuines of ......ahman, Advocates- For the Appellants. Fakir Abdul Mannan with Bazlur Rahman, Advocates-For the Respondents. F.A. 47 of 1975 Judgment Abdul Wadud Chowdhury J. - This appeal by the plaintiffs arises out of a suit for declaration that the plaintiffs are the owners of the property o..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
....er.
R. A. Bakr, Attorney-General, Sytd J. R. Mudassir Husain, A. A.-G.—For the Respondents.
Writ Petition No. 614 of 1978.
Judgment
Shahabudin Ahmed J.- The petitioner, former Deputy Attorney General (Criminal), has challenged in this petition under Article 102&nb......
6. Mr. Paul has referred to Rules 5(2) and 6(3) of the Bangladesh Law Officers (Terms and Conditions of Service) Rules, 1973 made under the President's Order No. 6 of 1972 as they stood before amendment with effect from 1st July, 1978. According to these rules (a) the petitioner shall be paid......d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....port of proviso to Rule 11 of Order 22 of the Code of Civil Procedure is involved. Detailed facts in controversy between the parties need not be set out excepting that the appeal arises out of a suit for partition instituted by the plaintiff respondent. It was decreed in preliminary form by the tria...... exemption from substitution of the heirs of those deceased respondents in terms of proviso to rule 11 of Order 22 of the Code. 4. To appreciate the point it is to be noted that by a single amendment of the Calcutta High Court, which is applicable to this Court as well, the Code of Civil P......der 22 of the Code of Civil Procedure is involved. Detailed facts in controversy between the parties need not be set out excepting that the appeal arises out of a suit for partition instituted by the plaintiff respondent. It was decreed in preliminary form by the trial Court and on appeal the first ..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....ed by the Haluaghat Police on 8.2.76 and on 9.2.76 he was served with the impugned order and since then he has been in custody. The petitioner further stated that the detention order was challenged before this Hon'ble Court in Writ Petition No. 357 of 1977 whereupon a Rule was issued. It appears......on stating that the Emergency Powers Rules was amended on 18.8.77. providing for communication of grounds of detention and also for production of the detenu before the Advisory Board. In spite of the amendment no ground of detention was communicated to the detenu nor he was produced before the Advis......means a judgment of conviction or acquittal. Even in Madras in Emperor V. China Kaliappa Goundan (1906) 29 Mad 126=16 MLJ 79=3 Cr.L.J. 274 White C.J. at P. 131 held that an order of dismissal of a complaint under Section 203 is not a judgment within the meaning of s. 360 and this..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....dent No. 2 Appeal No. 8 of 1975. Judgment Shahabuddin Ahmed J. - This is an appeal from a judgment and order of a learned Single Judge of this Court dated 18-2-75 dismissing a petition for winding up of a Company under section 162 of the Companies Act, 1913. Petitioner is th...... from the Company Memorandum and Articles of Association and got it registered in the office of the Registrar of Joint Stock Companies replacing the original one on the pretext of some alteration and amendment therein. Under the amended Memorandum and Articles of Association respdt. No. 1 as Managin...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
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