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Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ......grieved the petitioner moved the High Court Division under Article 102 of the Constitution which summarily rejected the application upholding the views of the Labour Court both on merits and on the question of maintainability of the application under section 34 of the Ordinance. The petitioner a......plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ..Category: Employment/Service Law | Date: | Hits: 68
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......acca High Court in applications No. 1, 11 and 12 of 1969 under section 63 (2) of the Bengal Agricultural Income Tax Act, 1944). Judgment: Kemaluddin Hossain CJ.—In these three appeals common questions of law are involved and so they are heard analogously and disposed of by one judgment. A r......decision of that Court, in Khurram Khan Panni's case. 3. The appellant obtained special leave to appeal against the orders of the High Court on three questions for reference; (1) Whether on the facts and circumstances of the case, wakf-al-al-aulad has created a Muslim trust wholly for religiou..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ...... It has been held by the first appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of damages for cutting away of paddy does not lie against......le Judge of the High Court Division, passed in a Second Appeal. The learned Judge set aside the judgment of the first Court of appeal and affirmed the judgment passed by the learned Munsif. 2. The facts in brief are that the plaintiffs brought a suit for recovery of money by way of damages agai..Category: Property Law | Date: | Hits: 56
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 ......s Administrator was terminated also terminated his services as the Chief Accountant. That part of the case is concluded by the earlier writ petition and the Corporation cannot be allowed to raise the question over again. 4. So far as the present case goes, we think that the conclusion of the High......s that the respondent when he was appointed Administrator ceased to be Chief Accountant of the Company. If that be so, he becomes an employee of the Corporation for which a writ lies. But then on facts this stand is untenable as in the earlier writ petition filed by the Respondent against his ..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......ministrator- Therefore vires of clause (2) of Regulation No. 3 of Martial Law Regulation No. 1 of 1975, nor any order passed under clause (b) transferring a case to a Special Martial Law Court can be questioned. Transfer of a case from a Special Tribunal to a Martial Law Court being a matter......tial Law Regulations. I fully agree with Mr. Shahabuddin Ahmed that as a matter of principle a constitutional document should be construed in the context and the background of the relevant historical facts. There is no doubt that this certainly helps in giving correct interpretation to the constit..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......s. Vs. Abu Bakr Siddique and others............. Respondents Judgment April 4, 1979. The Arbitration Act, 1940 (Act 10 of 1940), section 34. Bill of Leading Charter party The question of fraud, collusion and conspiracy as alleged by Respondent No. 1 against the appellants ca......in AIR 1963 (SC) 1044. Lastly, it is a discretion of the Court as to whether the jurisdiction under section 34 of the Arbitration Act is to be exercised. The Admiralty Judge was satisfied that in the facts and circumstances such discretion cannot be exercised. There is the end of the matter. In t..Category: Business or Commercial Law | Date: | Hits: 89
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 ......on the ground that it has no jurisdiction under section 561A of the Code of Criminal Procedure to quash a proceeding pending before the Special Tribunal under the Special Powers Act, 1974. 3. This question came before this Court in the case of Bangladesh vs. Shahjahan Siraj in Criminal Appeal Nos......the same should not be interfered with at an interlocutory stage or even at the early stage in exercise of the inherent jurisdiction of the High Court under section 561A of the Code. Of course, facts of a particular case may call for interference under section 165 A of the Code where e..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. ......97 of the Criminal Procedure Code does not put any such precondition to be fulfilled. Sanction can be obtained after submission of charge-sheet but before the trial commences. 5. Next, comes the question whether a charge sheet submitted without obtaining prior sanction of the Government or upon......f Criminal Procedure, 1898 (Act V of 1898), section 197. Sanction under section 197 Cr.PC. can be obtained after submission of charge-sheet but before the trial commences………….(4) When facts show the commission of an offence it becomes a ‘case' within the meaning of the term used th..Category: Criminal Law | Date: | Hits: 58
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ...... April 7, 1979. The Code of Civil Procedure, 1908 (Act V of 1908), Order XLI, rules 4 and 33. The defendant-appellants who were not dead could carry the appeal to its conclusion, and since no question of two conflicting decrees coming into existence arise, this is a fit case where provisio......der the provisions of Order 41 rules 4 and 33 of the Code. We think there is substance in what learned Advocate says. It is so be observed that we are deciding a narrow question involved on the facts of the present appeal in that, in a suit for declaration of title and recovery of possession..Category: Property Law | Date: | Hits: 73
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 ......Amicus Curiae. 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 Im......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 ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....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 ......ime. No action was taken till August 22, 1977 when the appellant was served with the impugned order of dismissal. The appellant 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......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 ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......htiaq Ahmed, the learned Counsel appearing for the Bangladesh Railway Board practically made his submission in the line as made on behalf of the Government of Bangladesh but he had no answer to the question put to him that if the office order dated November 16, 1972 was irregular, could it be regu......ter lapse of four years and thereby depriving the appellant from his entire service during the period and the benefits derived by him. 6. Leave was granted to examine the question whether in the facts and circumstances the office order dated November 16, 1972 issued by the Secretary, Banglade..Category: Employment/Service Law | Date: | Hits: 77
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 ......etition being No. 986 of 1978 filed by the appellant challenging the Order compulsorily retiring the appellant, Chief Accounts Officer of the Tariff Commissioner, on ground of misconduct. 2. The facts leading to the impugned order are that the petitioner at the relevant time was employed as 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 ......sdiction and Rule was issued in Revisional Case No. 559 of 1S-75 which was discharged on 3.11.76. Against that judgment the appellants obtained leave from this Court. Leave was granted to examine the question whether the Magistrate was competent to take cognizance of the offence on information other......he special statute, namely, 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..Category: Criminal Law | Date: | Hits: 48
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....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 ......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 ...... was neither held properly nor bonafide and the enquiry report was a perverse one, being not based on any evidence. The High Court further found that the order of dismissal was not warranted in the facts of the case and the order of the Labour Court was set aside. The High Court Division, however,..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 ...... 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 ......sence of the Rules prescribed for the purpose by the statute is ultra vires the members and further the section in the absence of the prescribed rules also becomes unworkable. 13. The admitted facts are that 8 dissident members framed the charges, required the appellant to show cause to the m..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 ......J.—This appeal by special leave is from the judgment and order dated June 29, 1976 passed by the High Court Division in Civil Revision Case No. 481 of 1969. Leave was granted to consider the question as to whether intervention of a public pathway severs contiguity as contemplated under sect......on 96 of the Act is not available. 7. With reference to the case Haynes v. King Mr. M. H. Khondkar submitted that the word 'contiguous' has been construed as "neighbouring" in the context of the facts of the case, but on the same analogy the word 'contiguous' as occurring in section 96 cannot..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 ......79 is to be granted during which the execution shall remain stayed failing which the tenants will be liable to ejectment. 3. This order has led to the grant of this leave by this Division, and the question is whether the learned Judge of the High Court Division exercised his discretion judiciou......arned Judges of the High Court Division in granting stay of the execution of the decree for ejectment of monthly tenant for one year exercised his revisional jurisdiction judiciously. All facts need not be recounted at great length except stating that the plaintiff appellant is the landl..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......this has not been disputed by the Corporation. The High Court Division is wrong in observing that the three recent decisions of this Court, including one reported case in 31 DLR (AD) 33 wherein the question of application of the principles of natural justice has been considered while interpretin...... of the principles of natural justice has been considered while interpreting Article 7 of the Government of Bangladesh (Services Screening) Order 1972, P.O. 67 of 1972 are not applicable to the facts of this case. In view of the elaborate proceedings taken under the Rules the contention of Ban..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 ......er. Specific provisions have been made regarding the person, property, time and manner in which the enrolment is to be made. In this context, section 50 authorises the administrator to decide the question whether a particular property is waqf or not and the order made by the Administrator unde......of the Waqf Ordinance, 1962. 2. Since the question has been raised by the Defendant-appellants immediately on the presentation of the plaint and before the filing of the written statement the only facts are the plaint allegations. In view of the question involved we do not feel that a detailed ..Category: Trust/Waqf Law | Date: | Hits: 196
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