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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. ......granted by the High Court Division while the second appeal is still pending for disposal. Leave was granted to consider whether the High Court Division acted correctly and in accordance with law in passing the order of injunction. 3. Plaintiff's case was that it made an offer to de..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. ......p; Mr. Ahmad Sobhan, the learned Counsel appearing for the appellant canvassed that the High Court Division made the rule absolute by holding that the termination order was passed without any lawful authority and was of no legal effect. In view of such order the rest of the direction is wit..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....e question whether the property was the personal property of the 'Sajjadanashin' or not is a question to be finally adjudicated at the trial and not in such miscellaneous proceedings. Alt that the provision under Order XXII, rule 10 requires is that the applicant has interest in the institution ......on or nominee of the late Sajjadanashin, if at any time it was so indicated. This mode of appointment of a Sajjadanashin by the Murids of the late Sajjadanashin has been recognised by the Courts of law as one of the valid modes to appoint a Sajjadanashin. The Privy Council in the case of Sain Ma..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....ful consideration of views expressed in the cases cited above, we are inclined to the view taken by the Pakistan Supreme Court as it appears to be based on realistic interpretation of the relevant provisions of law. A decree, before it is prepared, drawn and signed according to law, cannot be, p......stored that of the trial court and directed that the execution proceeding should proceed. Special leave has been granted to see whether this order of the High Court Division is well founded in law in the circumstances as set out above. 3. Mr. Abdul Wadud Mian, the learned Advocate, h..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....(c) If in a case falling in sub-paragraph (b) above an agreement cannot be reached between the assessee and the Department then such returns would be assessee under the Income-tax Act and all the provisions of the Act will apply accordingly. The penal provisions of M.L.R 32 will not, however, ......lication was not communicated, and that the demand on the assessment under ins said regulation it invalid, became after the emergence of Bangladesh, M. L. R. N.32 of 1969 ceased to be an existing law, as it does not come within the definition of an existing law. The High Court Division replied t..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....tion of section 96(2) of the State Acquisition and Tenancy Act. This section provides that in application for pre-emption made by a co-sharer, all other co-sharers shall be made parties. This provision of law came up for consideration of this Division in the two cases referred to above. In ...... decision in Motilal Sikdar's case as clarified by a subsequent decision in the case of "Abdus Samad vs. Sohrab Ali” (1981) 33 D.L.R (AD) 113 the High Court Division was well founded in law to hold that the ''left out co-sharers of the pre-emptor" had no subsisting right of pre-e..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....itled to be brought on record so as to contest the case as "they got some interest in the property of the testator". In view of this decision it is not necessary to examine the question whether the provision of Order 1, rule 10. Civil Procedure Code is applicable to a probate proceeding. The main ......as a party in the proceeding so as to contest the proposed grant of the probate alleging that the land under the Will had been declared "as a vested and non-resident property" by the Government under law and that the land was leased out to them by the Government and on that basis they had been posse..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ad apparently been made in terms of paragraph 10(2) (b) of the Fourth schedule of the Constitution and in view of Article 150 of the Constitution the Act was to have effect notwithstanding any other provision of the Constitution including Part III of the Constitution ;(ii) section 9(2) of the Act ......No. 489 of 1980) Judgment Kemaluddin Hossain CJ.- Though I agree with the conclusion reached by the Court, that the appeal be allowed and the impugned order declared to have been made without lawful authority, and agree with the reasons given by my learned brother Munim J. in his well-reason..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....entire share held by the EPIDC was transferred to the President of Pakistan. After the emergence of Bangladesh, all of its shares became abandoned and veiled in the Government of Bangladesh under the provisions of President's Order No. 16 of 1972. With the passing of President's 0rder No. 27 of 1972......o. 471 of 1979 and 178 of 1979 and 178 of 1978 respectively.) Judgment: Fazle Munim J.- These two appeals, namely, Civil Appeal Not. 196 of 1979 and 65 of 1980 Involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals. Civil Appeal..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....upport of hit second contention the learned Attorney-General has referred to section 10 of the Ordinance which provides for notifying and hearing the Executive Committee before its suppression. The provision has been incorporated in the statute itself and there is nothing in section 8 (1) (b) or ......quot;. The order has been issued under Section 8(1) (b) of the Ordinance which is as follows;— “8(1) Notwithstanding anything contained in the Act or in any other law for the time being in force or in the articles or memorandum— (b) The (Appro..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
.... in the following terms: “Explanation.- A case triable by a Court of Session pending before a Magistrate for enquiry may also be transferred to a Martial Law Court for that”. 9. The above provision empowers, inter alia the Chief Martial Law Administrator to transfer a “case” from Cri......aw Court No. II, Dacca convicting the petitioner under section 302 of the Penal Code and sentencing him to death and the order dated 29.1.1978 confirming the sentence of death have been taken without lawful authority, and are of no legal effect; and for an order directing the respondent Nos. 2 and 3..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....dation was made by the Board. As a result thereof he received an order on July 1, 1976 dismissing him from service. 5. His contentious were that the findings of the Screening Board violated the provisions of Articles 5 and 7 of the aforesaid President's Order and Rule 7 framed thereunder and a......ed. The Constitution of Bangladesh, 1972, Articles 133, 102(5), 102(2)(a)(ii). Being an inspector of police the respondent is a member of disciplined force. A court or tribunal set up under the law to deal with any matter relating to a disciplined force cannot be directed under article 102(5) ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....e of Criminal Procedure, but the power is vested absolutely under the Martial Law Regulation. It may be mentioned that in the Criminal Procedure Code though there is power of revision, there is no provision of review. The Sessions Judge as the reviewing authority under the Martial Law Regu&......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. ..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s appeal by special leave arises from the judgement of the High Court Division in Writ Petition No. 60 of 1976. Leave was granted to consider the question raised by the appellant-whether under the provisions of the President's Order No. 13 of 1972 the Tribunal has any power to remand; and whethe......lant 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, who as required in the law, appeared, on consideration of the report submitted by the Magistrate as per directio..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....being so the learned Single Judge acted in excess of his jurisdiction in extending time for filing a security bond, and then accepting it beyond the time. The learned Advocate submitted that if the provision of section 17(1) is strictly complied with, the application for setting aside the ex-parte......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 law. 4. It has been argued by the learned Advocate appearing for the appellant that the requirem..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....quires registration under the law, The latter proposition has no foundation in law. This observation is not legally tenable as a power of attorney executed in terms of Registration Act or under other provisions of law which confers a valid power on the attorney to act as an agent for the principal d......ment and Decree dated 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..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....f the holding should be impleaded in the pre-emption proceeding. In taking this view the learned Judge referred to the decision in Motilal Sikder vs. Benodini Dasi. The learned Judge held that the provision of sub-section (2) of section 96 of the State Acquisition and Tenancy Act, 1950 retarding...... section (2) it to have all the co-sharer tenants or all the tenants holding lands contiguous to the land transferred, before the Court for proper and complete adjudication in accordance with law. A co-sharer tenant or tenants holding land contiguous to the land transferred may waive his ri..Category: Property Law | Date: | Hits: 73
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....acts of the case. Mr. Khandker Mahbubuddin Ahmed has much justification in saying that on 1st August, 1979 what was done by the High Court Division is contrary to the basic principle upon which the provisions of the Code of Civil Procedure are based. The learned Judges while setting aside the judg...... Appeal No. 173 of 1979. From the Judgment and Order dated 1-8-79 passed by the High Court Division in Writ 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 ..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....of limitation. The learned Subordinate Judge, however, took the view that the application for restitution is not an application in execution but it is an Independent application for which no specific provision having been made elsewhere in the Limitation Act or in the Civil Procedure Code will be go......icularly the following cases: Parmeshwar Singh vs. Sitaldin Dube AIR 1934 All 626; F.B Saraj Bhushan vs. Dtvendranath, AIR 1932 Cal 30; Hari Mohan Dala vs. Parmeshwar Shau, AIR 1928 Cal 646, Khwaja Allawali Vs. Kesarimal AIR 1947 Nag. 239; Bal kukund Marwari vs. Basata Kumari Dasi, AIR I925; part 1...Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
.... a decision in the case of Chittaranjan Sutar v. Secretary, Judicial Department, Government of East Pakistan, 17 DLR Dacca 451, held that the sale-deed was not hit by the Ordinance as the relevant provision of the Ordinance, namely, section 4 which required permission of the competent authority......o considerations. Firstly, sections 4 and 6 of East Pakistan Ordinance No.1 of 1964 having been declared void in Chittaranjan Sutar's case, the said provisions not being in existence in the eye of law the impugned kabala in favour of defendant No.2 never lost its legal validity on account of Non..Category: Property Law | Date: | Hits: 75
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