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Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....…………(7) In case of unresolved ambiguity, it may be interpreted favourably to the citizen but nothing more. The attempt of the Court in case of ambiguity is to be guided by the principle of justice and fairness and to try to arrive at a true meaning of the word………(7) Interpretat......itable purposes' has been used in the ordinary sense understood in English language and is to be understood in that sense. Conception different from or alien to the English meaning if not permissible according to the canon of interpretation set out above. Therefore, no conception of charitable purpo...... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......stood as a charity in English language. The present waqf which in part produces for family maintenance cannot be treated wholly for charitable purpose.…………….(14) Waqf-al-al-awlad- Muslim law does not make any difference between charitable purpose and religious purposes. The Bengal Ag..Category: Trust/Waqf Law | Date: | Hits: 239
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......der of the High Court Division in Writ petition allowing the Respondent Sk. Abdur Rashid's claim that his substantive post of Chief Accountant of M/S. Karim Rubber Industries Ltd., was not terminated according to law. 2. Facts are that the appellant, Bangladesh Chemical Industries Corporation has......nt Judgment November 15, 1979. Service Matter Part of the disputed matter of this writ petition which was concluded earlier by the former writ petition, the corporation cannot be allowed to raise that matter again in this writ petition…………….(2) Service of the respondent as ......gh Court Division in Writ petition allowing the Respondent Sk. Abdur Rashid's claim that his substantive post of Chief Accountant of M/S. Karim Rubber Industries Ltd., was not terminated according to law. 2. Facts are that the appellant, Bangladesh Chemical Industries Corporation has been created..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....al quasi judicial power, in the exercise of this power the minimum of an opportunity of being heard not having been allowed to the accused, the order of transfer was in contravention of the natural justice, and this omission made the order of transfer a void order and consequently the order of c......s held against five accused, and all the five accused including Chand Meah (absconding) were found guilty of the offence under sections 302/34 of the Bangladesh Penal Code and they were convicted accordingly and were sentenced to death by the order dated April 27, 1977, Legality of the entire pr......ppeal is allowed. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martia...... 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martial Law Regulations. The Constitution ..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......, Section 29. Section 29 of the Special Powers Act has made applicable all the provisions of the Code of Criminal Procedure in so far as they are not inconsistent with those contained in the Act to the proceedings of the Special Tribunals. The High Court Division has neither the power to he......Division has been take away by the Special Powers Act and the proceedings pending before it cannot be quashed under section 561 A. of the Code of Criminal Procedure is not a correct exposition of law. 8. The next question is whether the proceedings of the instant case should be quashed. M..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......al Jurisprudence, in the Dacca Medical College, held a post-mortem examination of a dead body identified to him as that of one Saleha Begum. He found one incised wound on upper part of the neck which according to him, was the cause of her death and suicidal in nature. He recorded the result of his e...... (Civil) Present: Fazle Munim CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Dr. Mozammel Huq Chowdhury…………Petitioner Vs. Chief Martial Law Administrator and others....Respondents Judgment June 22, 1978. Result: The Petition is dismissed......sable" or "non-cognisable case" respectively. A cognisable case means "a case in, which a Police Officer, within or without presidency towns may, in accordance with the second schedule or under any law for the time being in force arrest without warrant". Similarly, a non-cognisable case means "a c..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......ated; that the Deputy Commissioner awarded a fair and reasonable amount of compensation having regard to the quality of the land, the situation and all other advantages and disadvantages thereof, according to law prevailing at the time of final acquisition. The Land Acquisition Court by an orde..............Respondents Judgment August 9, 1979. The Town Improvement Act, 1953 (XIII of 1953), sections 78,79,93(A), 93(B), 93A (5)(b)(II). When no Tribunal has been set up, any reference to the Tribunal under section 93A shall be construed as referring to Court under the Land Acquisitio......e. Civil Appeal No. III of 1978. (From the Judgment and order dated 18th July, 1977 passed by the High Court In F.A. No. 362 of 1969). Judgment: K. Hossain, CJ.— The short question of law involved in this appeal is when land is acquired under section 93 A of the Town Improvement Ac..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....was surprised to receive the said order as the show cause notice in question had proposed only minor penalties and the Enquiry Committee recommended his reinstatement. The appellant served demand justice notice through his lawyer. In reply to the same he was informed that the order of dismissal ......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......le 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 in pursuance o......, 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 ......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 ...... August 8, 1979. The Government Servants (Discipline and Appeal) Rules, 1976, Rules 3(b)(c), 11. The order of compulsory retirement even if passed with immediate effect the incumbent, due to the operation of this proviso, is entitled to the benefits as admissible under this rule, only fo......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 ......mely, P O. 50 of 1972, and not as an ordinary criminal case under the Penal Code. He submitted that the learned Judge of the High Court Division did nor correctly appreciate the facts of the case and accordingly, discharged the Rule on the erroneous view that "The submission of final report so far a...... (P.O. 50 of 1972) Art. 4(1). The case being triable under the special statute, that is, P.O. 50 of 1972 the decision in the matter lies with the Special Tribunal. It is for the Special Tribunal to decide whether there are materials for taking cognizance of the offence alleged against the accus...... 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
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....rari is exercised by the High Court Division to issue such writs where the subordinate Tribunals act wholly without jurisdiction or in the excess of it or in. violation of the principles of natural justice or refuse to exercise jurisdiction vested in them or where there is an error apparent on the......he High Court Division, however, converted the order of dismissal to an order of termination simpliciter on the ground that "the petitioner was not a desirable person to be retained in the service, accordingly, she can not be trust upon the unwilling master". 5. Leave was granted to consider "w......Appellant. Vs. Chairman, Second Labour Court and anr.......... Respondents Judgment Nov. 19, 1979. The Constitution of Bangladesh, 1972, Art-102. The labour Tribunal is competent to arrive at a conclusion on the subject matter of the case on the basis of the evidence on record b......ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ..Category: Labour and Industrial Law | Date: | Hits: 106
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 ......esolution. The action as set out above is not in accordance with law and is ultra vires the members who purported to exercise power in the absence of prescribed rules. In the result the appeal accordingly is allowed with cost. The judgment of the High Court Division is set aside. It is declar......espondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 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 w......), 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)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......Basharat Ali and ors............. Respondents Judgment 29 June, 1978 The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951), sections 96, 96(5)(b), 96(1) (5)(b). The pre-emptor must show that his land is contiguous to the land transferred, that is to say, it is touching th...... 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)
....erent jurisdiction but should be done very sparingly. The principles governing the exercise of Court's inherent jurisdiction are well established and need not be repeated. It is to meet the ends of justice and should be used strictly to meet the extra-ordinary situation. It is to be invoked by......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 ......Haque ...Appellant. Vs. Mst. Rahiman 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 a......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)
....esult: The appeal is allowed. Principles of Natural Justice In an enquiry held against an employee on the charges framed against him for dismissal from service, the principles of natural justice must be complied with…..(6) The appointing authority is not bound to accept the recom......ral justice are limited only to giving him an opportunity 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 embodyi......iry held against an employee on the charges framed against him for dismissal from service, the principles of natural justice must be complied with…..(6) The appointing authority is not bound to accept the recommendations of the enquiry officer but in inflicting higher punishment not recomme......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)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......h & others…………….. Respondents Judgment Nov. 21, 1978. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before th......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)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ...... it be implied from the provisions thereof that the legislature intended that powers conferred under the Act and those under the Code of Criminal Procedure could be exercised in either capacity according to necessity just because the records were before him. Again he was exercising two differe......), section 27. The Sessions Judge can take cognizance of a case under section 27 of the Special Powers Act only on a report in writing made by a police officer not below the rank of Sub-Inspector of Police. The Sessions Judge was not empowered under the Special Powers Act to take cognizan...... 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 ......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 ......h and others……………………………………….Respondents Judgment Nov. 27, 1979. Enemy Property Burden of Proof The burden of proof is on the Enemy Property Authority to establish that the predecessors of the vendors migrated to India earlier to the Enemy Property La......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)
.... power of the High Court to make such Orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. It was submitted that this amendment was thought necessary to remove any doubt that the in......lature forms a new procedure, that, instead of proceedings in this form or that, you should proceed in another and a different way, clearly thereby some transactions are to be sued for and enforced according to new form of procedure. Alterations with form of procedure are always retrospective un......1 A. The Specials Powers Act, 1974 (Act XIV of 1974) Interpretation of Statutes After the amendment of the Special Powers Act by Act (LIX of 1974) the jurisdiction of the High Court Division to hear appeals from the judgments of Special Tribunal was taken away……….(24) The amen......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
Coal Controller, Government of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......Chaklader, Advocate-on-Record-For the Petitioner. Rafiqul-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No. 227 of 1993. (From the Judgment and order dated 3.3.93 passed by the High Cour......petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....e appellate Court. No authority or precedent has been cited in support of such a proposition, and we cannot conceive that anything would be more detrimental to the expeditious administration of justice than the establishment of a rule which would impose upon the suitor the necessity of so ap......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ...... J. Yusuf .............................Appellant Vs. Mofzal Ahmed Sowdagar............................Respondent Judgment March 16th, 1979 Cases Referred to- Md. Shamstil Huda Vs. Md. Mozammel Huq, 26 DLR 519; Abdul Aziz Vs. Raj Chhabra, AIR 196......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
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