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GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......I.M.C. The Government took the policy of disinvestment of certain abandoned properties and in pursuance thereof Halda Valley Tea Estate was sold to the United Planters and Traders Limited. The only question is, therefore, whether the service of the respondent automatically stood transferred ......t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......er (Rev) Dinajpur dated 5-1-77 directing to hand over vacant possession of the shop named 'Bornika' to the appellant before us was without lawful authority. 2. The main dispute centred round the question whether Zahirul Huq, tenant of the premises though he was described as an ex-tenant, was di......rity. 2. The main dispute centred round the question whether Zahirul Huq, tenant of the premises though he was described as an ex-tenant, was directed to restoration of possession of the shop. The facts as found by the learned Judges of the High Court Division are that the premises in question be..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ffect that the Government had decided not to allow the payment of the exchange value of demonetised Pakistani currency notes is irrelevant so far the facts of the case are concerned inasmuch as the question in this case is whether the respondent is entitled to the payment of an amount already rele......e authorities of the Sonali Bank. The High Court Division repelled the contention of the appellant Bank by holding that the Circular No. PCM/53-75 dated 29th November 1975, had any bearing in the facts and circumstances of the case. The Circular and memo of the Ministry of Finance dated 27.10...Category: Banking Law | Date: | Hits: 129
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......sed by the High Court Division in Writ petition No. 381 of 1975). Judgment: K. Hossain J.- The petitioner is an Assistant Sub-Inspector of Police and he unsuccessfully called in question, the order of his reversion from the position of Officiating Sub-Inspector to that of Ass......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 83
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......erred to as "the Ordinance") were filed by him, the grounds of challenge being that the proceedings drawn by the company were hit by sections 15 and 47 of the Ordinance. The company questioned the employee's competence for present the aforesaid applications before the Labour ......yee of James Finlay and Co. Ltd. (hereinafter called the company”), is the appellant. The company which is the appellant in Civil Appeal Nos. 26 and 27 of 1978 is the employer. As the facts involved and the points of law raised in these appeals are common, they were heard analogousl..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......al Court and on revision by the tenant before the High Court Division. The matter was placed before a learned Single judge of the High Court Division, who on finding some conflicting decisions on the question of default referred it to the Division Bench, which, on consideration of several other deci......en away by the express language of sub-section (5) of section 18, In that decision it has also been held that enquiry about compliance of the provisions of the statute may call for consideration of facts at each point. There may be a case of waiver or acquiescence or such supervening facts and c..Category: Tenancy Law | Date: | Hits: 116
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......t and further the Government is entitled to mesne profits from the plaintiffs with effect from 14.4.56 or from 1st day of the Bangali year following the notification under section 43. The last two questions do not directly arise from the appeal. 3. To revert back to the preliminary object...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 66
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....k papers maintained by the Government Collectorate, and thak and other maps of the suit mouza before the Advocate Commissioner. On local investigation the suit land and the kabuliyat land was found identical and the Advocate Commissioner's report was accepted by the Court without any objection. ......ded as potit land in Ext. 6. 8. Mr. Ranadhir Sen, the learned Counsel for the appellants, contend that the trial Court as well as the High Court Division fell in grave error in deciding the question of title of the plaintiffs on the basis of the Khatian Ext. 6, wrongly described as the CS......ontends that since it is no body's case that the suit land is res nullius and the trial Court after finding that the Government failed to prove its possession, ought to have decreed the suit in the facts of the case. This seemingly attractive argument will be of no avail to the plaintiffs when t..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......st bidder. The disputed property, it has been asserted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sale deeds in question it is alleged, are forged and fabricated documents, executed illegally and collusively for......ation whereupon the appellant came to this Division and obtained leave to appeal from the said judgment and order. Leave was granted to consider whether the High Court Division was justified in the facts and circumstances of the case in rejecting the application for quashing of the proceeding. ..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......d my learned brother to dictate his judgment in the court on 18th July, 1990 (Wednesday); but I found that my learned brother, probably due to hurry, did not discuss very material and important questions of law and fact raised which, according to me, required to be considered and decided for......zi Ebadul Hoque and that he would deliver a dissenting judgment later on. 4. The learned presiding judge in his judgment dated 29th August, 1990 gave the background of the facts and circumstances in which he delivered his dissenting judgment subsequent to 18th July, 1990..Category: Procedural Law | Date: | Hits: 128
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......rom the judgment and order dated 29‑5‑1986 passed by the High Court Division, Sessions Bench, Sylhet in Appeal from Appellate Decree No. 291 of 1979). Judgment Shahabuddin Ahmed CJ.- The question involved in this appeal by special leave is whether the amount of solatium, given to the pl...... Result: The appeal is allowed. The Specific Relief Act, 1877 (I of 1877), Section 22 & 24 Whether the amount of solatium, given to the plaintiff‑appellant is quite inadequate in the facts and circumstances of the case. Specific performance was refused on the ground of hardship ..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......n its findings thereon, even though the defendant had filed no cross-objections in the High Court. It was not necessary for him to do so, since the suit had been dismissed by the trial Court. The question of abatement of the suit was also raised before the Judicial Committee which on the 10th of......ove Rs. 10.000/-. But even if there is no certificate or the certificate has not been granted in proper form, this Court is not powerless. It can, if substantial questions of law are involved and the facts and circumstances of the case otherwise justify it, grant special leave in the same manner as ..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ...... that the appellant had delivered the materials required for the work under the contract to P. Ws. 1 to 7 who in turn, made them over to Sohrab Mistry who was in-charge of sinking the tube-wells, The question of criminal liability, therefore, dose not arise merely from the non-execution of work in t......ty under the charge and convicted and sentenced him as stated but found the 3 co-accused not guilty and acquitted them. The appellant preferred an appeal before the High Court which held that, in the facts and circumstances of the case, the conviction of the appellant under section 406 of the Pena..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......ber 15, 1972. The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having been made before 1st of July 1959 the court is precluded from questioning the legality of such order passed by the appointing authority in view of the concluding ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......at the contractor had been doing works in excess of these required of him. These works were completed in 1962. The contractor is entitled to payment of a reasonable amount, pending decision of the question whether the Courts should determine the amount of work actually done, and the payment due ......ordinate Judge against the appellant. 2. The plaintiff filed the suit on 16.9.64 praying for a decree for a sum Tk. 1,99,567.00 with damages and interest on account of the works done by him on the facts stated in the plaint. 3. The plaintiff submitted tender which was accepted by defendant No...Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......cretary, E.P.I.D.C. Vs. Md. Serajul Haque reported in 22 D.L.R. (S.C.) 284. The contentions of Mr. Humayun Kabir Chowdhury, who appeared for the respondent, will appear from the judgment. 6. The question that arises for consideration is whether clause 12(1) of the Standing Orders of the Ordin...... favour of Khulna News Print Employees Union declaring the order of termination of services of a workman—Nurul Gani—to be wrongful and unfair, was dismissed by the High Court. 2. Briefly the facts of the case are that the aforesaid Nurul Gani, who was employed as a workman in the Khulna New..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......ble conclusion that as from the 30th January 1961, she had done no business on the Karachi Stock Exchange. 3. The learned Single Judge of the High Court made a lengthy examination of certain legal questions arising in respect of this case, not only for the decision of the case but in order, as ......he Karachi Stock Exchange in its general dealing with its members. We consider however, that the appropriate course in this case is to confine the examination to the question whether, on the simple facts as they appear in the case, in relation to Mrs. Purviz Dalai, the sum of Rs. 15,000 had in..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ......ble to the respondents. Mr. S. M. Abbas, learned Advocate-on-Record, representing the respondents does not also contend that the provisions of the said Article were attracted in their cases. The only question, therefore, that calls for determination in these appeals is whether the respondents were......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......of Exs. 39 and 40 and representing the advances taken by the respondent himself." 21. It is the prosecution case that the sum of Rs. 1,300/- was given to Mr. Rahman Ghani as advance. So, the question of entertaining any doubt about the insertion of the name of Mr. Rahman Ghani in Ex. 34, do......l court's order acquitting the appellant of the charges of 'criminal breach of trust' and 'criminal misconduct' were set aside and he was convicted and sentenced for those offences. 2. The salient facts revealed in this case were as follows:— The appellant Sirajul Islam was appointed Superin..Category: Anti-Corruption Laws | Date: | Hits: 142
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
.... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......etition is, accordingly dismissed with the caution that the observations made by the learned Judge in the High Court in his order dated the 22nd December, 1970, will not influence in any manner the question of guilt or innocence of the accused persons and that if the respondent No. 1 is committed ......ily members of a person who is accused of murder in the crime so that no one is left in the family to look after the case of the accused is too wide a statement. It is for the Courts to decide on the facts and circumstances of each case whether there has been addition of names by the complainant. ..Category: Criminal Law | Date: | Hits: 60
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