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A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion No. 6(6) 69—PCSIR dated 17th July, 1970, and in force immediately before the commencement of this Resolution shall mutatis mutandis, and so far as they are not inconsistent with any of the provisions of this Resolution, continue in force until repealed or altered by rules on regulation......, 1972, Article 102 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 Irrespective of the nature of the transfer, any transfer which is a transfer in the eye of law, subject to the limitations laid down in the section, is pre-emptible. ………….(5) Sale i..Category: Employment/Service Law | Date: | Hits: 130
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......lsory retirement having been passed retrospectively i.e. from the date of suspension of the appellant, was illegal because such retrospective effect of an order of punishment is not contemplated in law. The learned Judges of the High Court Division negatived all the three contentions including the..Category: Employment/Service Law | Date: | Hits: 72
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ...... on 9.2.74 and the charge sheet was submitted after the said repeal on 7.9.74 and as such the case ceased to be a case under the special statute but continued to be a case under the ordinary criminal law and as such an illegality has been committed by the Magistrate in this case in issuing warrants ..Category: Criminal Law | Date: | Hits: 48
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......), 13(2) proviso. In the absence of prescribed rules the members purported to exercise power to that effect for removing the Chairman is ultra virus. The impugned resolution was passed without any lawful authority and the order passed by the prescribed authority in consequence of the resolution i..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
.... succeed only when he satisfies the requirement of the statute. What sense the expression "contiguous to the land transferred" purports to convey is to be determined with reference to the different provisions of section 96 of the Act, otherwise, consideration of the expression solely on the basi...... to a tenant having land contiguous to one of the several plots transferred, and pre-emption is allowed even in cases where the lands are not in a compact block, which is contrary to the provision of law itself. 15. Every C.S. plot or R.S. plot or S.A. plot under the land laws, as depicted in the..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......n Bibi and another....Respondent Judgment April 26, 1979. After passing of the decree or the final order, the court becomes functus officio except to review its awn order in accordance with law or to correct clerical mistakes. The discretion, if any, should be exercised judiciously. The di..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....angladesh. 3. The Enquiry Officer examined six witnesses in support of the charges framed and their evidence was taken in the absence of the appellant. After the inquiry report the appellant was provisionally removed from service by the Corporation and he was asked to show cause why the provisi......rtunity to show cause why he shall not be punished for the allegations brought against him. The learned Judges observed that "If a detailed enquiry according to the procedure followed in a Court of law is contemplated then statutory rules embodying these requirements will be superfluous, princip..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
.... decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 of the Ordinance has been inserted in the enrolment chapter. Specific provisions have been made regarding the person, property, time and manner in which the enrolment......re, proceed to consider the question set out earlier. The decision on the point involved requires brief survey of the provisions of the Waqf Ordinance. It was promulgated to consolidate and amend the law relating to the administration and management of the Waqf properties now in Bangladesh and i..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....tion. The High Court summarily rejected the application on January 25, 1977, on the ground that it was for the Special Tribunal concerned to decide as to whether the facts of the case attracted the provisions of the Special Powers Act and whether the Special Powers Act was mentioned in the charge ...... 2. Facts briefly stated are that on a First Information Report filed with the Officer-in-Charge. Balaganj Police Station, District Sylhet, stating that the applicant and nineteen others formed an unlawful assembly and being armed with deadly weapons started cutting the 'Gopat' which is used as pub..Category: Criminal Law | Date: | Hits: 60
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......of 1976.) Judgment: K. Hossain, C J.—This appeal arises out of a writ petition wherein the appellants attempted to get an order of the Enemy Property authority declared as without lawful authority but had not succeeded. 2. Facts are that the properties in appeal had been decla..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
.... the amendment. In as-much as the amendment did not have any retrospective operation on the pending cases." 12. As regards the first contention Mr. K.A. Bakr, Attorney-General, referred to the provisions of section 561A of the Code of Criminal Procedure which, has submitted, conferred no new ......e relates to offences punishable under Sections 121, 121A, 122, 123A 124A, 125, 181, 364, 395, 396, 397 and 398 of the Bangladesh Penal Code, Paragraph 5 relates to any offence punishable under any law committed being armed with fire-arms or explosive substance. 5. The contention before the H..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
.... off the written statement was harsh and that it was done without plaintiff having filed an application to that effect. 5. Leave was granted to consider two questions: First, in view of the provisions of section 105(1) of the Code when the interlocutory order striking out the defence has......of this rule is without jurisdiction which deserves to be set aside. The expression "without jurisdiction" was used to mean what we understand, as "illegal," or not warranted by law", and liable to be set aside. &n..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......no conviction of the co‑accused can be based only on that confession without any corroboration from other sources. The learned Deputy Attorney-General could not but accept this proposition of law. In this case, admittedly there is no corroboration of the confessional statement. The learned..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......receiver being an agent of the court no execution proceeding for delivery of possession is necessary. 6. As none appeared for the respondent and as the matter involved important question of law, Mr. Syed Ishtiaq Ahmed was requested to appear as amicus curiae for assisting the Court. ..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......tion does not lapse in the event of death, but it devolves upon his legal heirs. The legal heirs inheriting the land arc competent to exercise the right of pre‑emption in accordance with the law. 6. Mr. Abdus Salam, the learned Counsel appearing for the appellant, submitted that Sa..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he matter the proceeding under the Building Construction Act, 1952, is a matter different from the present proceeding for temporary injunction and if the appellant is found guilty of violation of the provisions of Building Construction Act, the law will take its own course in spite of this Judgment.......heir areas as per documents by a competent surveyor and upon receipt of the report of the Pleader Commissioner, the trial Court was directed to proceed with and dispose of the suit in accordance with law. 9. Leave was granted to consider the submission of the defendant No. 1 that the High Court D..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
....for, when the premises was sold to two different persons under two separate registered deed , the payment of the rent to both the landlords who became co‑sharers in the premises did not violate any provision of law. It is for the new landlords to give instruction to the tenant to whom the rent was......posit with the Rent Controller. In this case, the learned Advocate contends, remittance of the rent by Money Order without first approaching the landlord with "personal tender" is not contemplated in law. The learned Advocate, however, does not dispute that rent for the month of November 1987, that ..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......stated in their application under section 5, Limitation Act clearly shows that the delay was caused by willful neglect and serious laches on the part of the Government's officers, particularly the law‑officers involved in this matter. Learned Counsel has also criticised the view taken by t..Category: Property Law | Date: | Hits: 101
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....nly if the authority had exceeded its jurisdiction or that it had no jurisdiction at all or that it had violated any law. But in this case, the Special Tribunal convicted the respondents under the provisions of the Special Powers Act which was (sic) affirmed by the Appellate Tribunal. Therefore,......ppearing for the appellant, urged that the High Court Division could interfere only if the authority had exceeded its jurisdiction or that it had no jurisdiction at all or that it had violated any law. But in this case, the Special Tribunal convicted the respondents under the provisions of the S..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......ul Huq and an election case against both appellants Nawabul Alam and Klialilur Rahman instituted by P.W. 1 was pending at the time of occurrence. Appellant Kawser Munshi is the father-in‑law of appellant Nawabul Alam. Kawser Munshi's elder brother acquitted accused Lal Miah was at th..Category: Criminal Law | Date: | Hits: 60
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