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Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
..................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment January 26, 1982. Result: The Rule is made absolute Fundamental Right to Protection of Law – Illegal dispossession by Government...... Judgment Abdur Rahman Cbowdkcry J.— In this Rule the petitioner has challenged a latter issued by the Sub-Divisional Officer, Sadar, Sylhet (Respondent No.3) and the respondents were called upon to show cause why they should not be directed to restore vacant possession of the premis......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....ddin Khan..................................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: The rule is made absolute. Suspension of Government servant – Rule II of Government Servants (Discipli......llegations, the petitioner moved this court and obtained the rule but no ad-interim order staying the operation of the impugned order was passed. 3. In the affidavit in opposition (here in after called the affidavit) sworn by the secretary, Ministry of Civil Aviation and Tourism it was stated t......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....……………………………………..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden ......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ...... record to refute the petitioners' contention that during the liberation struggle in 1971 and thereafter the tea garden was subjected to all kinds of depredations noticed above causing heavy loss to the petitioners and they could not do any work for nearly two years. Petitioners have assert..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....ip;…........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judgment January 13, 1982 Result: The rule is made absolute. Lawyers Involved: Hamidul Huq Chowdhury, petitioner No.2 in person, with M.H.......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......al on record to refute the petitioners' contention that during the liberation struggle in 1971 and thereafter the tea garden was subjected to all kinds of depredations noticed above causing heavy loss to the petitioners and they could not do any work for nearly two years. Petitioners have assert..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....he learned Munsif Second Court, Narayangonj in a suit for partition. The plaintiff's case may briefly be stated as follows: That the suit property originally belonged to Gour Majhi who had 2 sons namely, Defendant No. 1 and Nagar Mondal. Nagar Modal predeceased his father leaving the plaint......deration of irrelevant evidence. 5. In the instant suit there was no dispute that Gour Majhi was the original owner of property in question. There was also no dispute that there existed a person called Nagar Mondal, the father of the plaintiff. The issue was whether the said Nagar Mondal was th......dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....am Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD (AD) 140; State of Mysore Vs. Padmanabhacharya, AIR 1966 SC 302; Shahabuddin Vs. Pakistan, PLR 1957 Kar 854; Ramkrisna Da......ther rule 4 of the Government Servants (Seniority of Freedom Fighters) Rules, 1979 whereunder two years antedated seniority has been granted to all freedom fighters employees of the Government can be called to be a rule regulating the appointment and conditions of service of persons in the service o......i and Shariakandi Police Stations within the district of Bogra. He stayed in the house of A. Quashem of New Sonataia from the month of July, 1971 till the liberation of Bangladesh. With regard to the loss of personal effect of the office it was stated that one of the rooms of the quarters of the Sup..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....y time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the Court a decree that the mortgagor shall be absolutely debarred of his right to redeem the property, or a decree that the property be sold. I......terest of persons who have acquired such a right.” From the facts of the case it is clear that defendant No. 1 did not acquire any right from a proprietor or a tenure-holder, nor can he be called a successor-in-interest of the heirs of Md. Jan. Chunnu Bepari was neither a proprietor nor a...... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
....everse the finding of the enquiry committee on appreciation or review of the materials afresh as placed before the enquiry officer. The petitioner though in his explanation named certain persons to be examined by the Enquiry officer but during enquiry he has not requested the enquiry offic...... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ......ropriate authorities to provide the Barge with correct calliberation chart to indicate the correct measurement of oil but the authorities paid no heed to those requests. He also alleged that the loss might have occurred due to transit shortage and shortage during delivery of the oil from the Ba..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....……Respondent Judgment November 17, 1981. Result: The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitioner in person. MA Manna, Advocate— For the Respondent No.3. Syed Ishtiaq Ahmed and Khondker Ma......few words of my own. In course of hearing of this petition several points have come up for consideration of the Court and in course of our perusal of the Bar Council Order (hereinafter called the Order) we have also observed certain anomalies and discrepancies. 2. As is now ......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....f the Penal Code provides that in an appeal from a conviction the appellate court "may alter the finding" "Finding" means the result of a judicial examination, specially into some matter of fact. The expression "may alter the finding'' clearly empowers the appel....../- . P.W. 2 Hamidul alias Khendela Md. was driving the bullock cart. The house of Matiar Rahman is by the side of the road. When P.W.1 Abdur Rouf reached near the house of deceased Matiar. Rahman, he called him (the deceased). P.W. 1 Abdur Rouf got down from the bullock cart and proceeded towards a ......ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
.... November 3, 1981. Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali, Advocates— For the Appellant. Mashuque Hossain A......971) on 2-8-71. The Ansars Act, 1948 was repealed by the said Ordinance and a voluntary force was sought to be raised which would be known as the Razakars. The Ordinance up-where connects the so-called Peace Committees with the recruitment, training, organisation and operation of Razakars. Ther....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....urt Martial except on limited grounds of Coram non judice and malafide— The jurisdiction of the High Court Division in an application in the nature of Habeas Corpus is to see if a person in custody is there in pursuance of any lawful authority and when a person is serving out an ord......ill depend on the facts and circumstances of each case, but then it is not so vague as to rob it of all meanings. Malafide, must be alleged, and facts constituting malafide are to be stated, and when called upon by the Court, the party alleging malafide must establish it by affidavit or otherwise. I......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....6, 87,90, 91, 112, 133, 134 and 135 of 1980, 65 & 96 of 1980, 155 of 1980. Judgment Mustafa Kamal J.—These eighteen Rules under Article 102 of the Constitution were obtained by persons owning various plots of land in Mouza Ramchaadrapur under P.S. Mohammadpur, district Dacca, cha...... Improvement Trust prepared a Master Plan for Dacca City under the Town Improvement Act, 1953 with the approval of the Government. In the master plan some areas are shown as low lying areas which are called "unzoned area". The area under the instant L.A. Case No. 54/77-78 falls within the ......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....blic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dacca...........Respondents
Judgment
July 23, 1981.
Result:
The Rule is made absolute.
Passport Act (XXXIV of 1920), ss.3, 4, 5--Bangladesh Passport Order (P.O. 9 of 1973), A......ticle 102 of the Constitution the petitioner, Zamiruddin Ahmed, constituted attorney and sister's husband of Air Vice Marshal M.G. Towab (Retired) (hereinafter referred to as Towab) has called in question the impugned act of refusing Towab to reenter Bangladesh or his expulsion therefr......t it is enough if the applicant discloses that he had a personal interest in the performance of the legal duty which if not performed or performed in a manner not permitted by law would result in the loss of some personal benefit or advantage or the curtailment of a privilege or liberty or franchise..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
.... Result: Appeal dismissed Companies Act (VII of 1913), Section 162. Winding up of Private Company It is well settled principle that a private limited company can, if circumstances so permit, be would up on the principles of dissolution of a partnership firm……&hellip......irector of the Company. 7. Further case if respondent No. 1 is that the last Annual General Meeting of the Company was held in December, 1969 and since then no General Meeting of the Company was called and the Managing Director began to run the Company ignoring the Law, rules and the Board of D...... the Law, rules and the Board of Directors, for making personal gain out of the business of the Company at the cost of the company as well as respondent No. 1. It was, further alleged that profit and loss account of the company was neither audited nor submitted to the Board of Directors, that all as..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....age and /or penalty for the default of the supplier is a question between the purchaser and the supplier. The bank cannot raise this plea. The question as to what part has not been performed is not also relevant……..(7) Cases Referred To- Trading Corporation of Bangladesh Vs. ...... is unconditionally bound to make pay the amount on demand Bank guaranteeing satifactory performance of contract by seller. Seller defaulted in delivering goods within stipulated time. Purchaser called upon the bank to credit the guaranteed amount to its account. Bank refusing to comply contend...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
......Appellants
Vs.
Kingfisheries Industries Ltd. and others..............Respondent
Judgment
June 17, 1981.
Result:
The appeal is disposed of.
Public Servant Disobeying Court's Order
Contempt of Court-
Lawyers Involved:
Syed Ishlicq Ahmed w......ttorney General (Criminal), both of whom have categorically submitted that the General Manager in the facts and circumstances of the case, was guilty of wilful disobedience and gross negligence which called for exemplary punishment.
12. The order of the court below was clear and unambiguous. Th......er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....S Subarna Trading Co. Ltd.................Petitioner Vs. M/S Overseas Traders .......................Opposite Parties Judgment March 10, 1981. Result: The rule is made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Khairul Huq, Md. Mahabub Alam—Fo......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......he learned Advocate engaged by him, the interest of justice demands that the petitioner should be given a chance for the rehearing of the case on terms or else the petitioner would suffer irreparable loss for no fault of his only in engaging a Senior Advocate of this court to argue his case. This en..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....d separately from what is charged by way of tax on the annual value on the building and lands. Keeping this decision in view the High Court Division directed the appellant to assets the municipal tax so as to bring them into conformity with the relevant maximum ceiling prescribed by the Model Tax Sc...... the Building Tax shall not exceed seventeen percent even when annual value exceeds Rs. 10600/. 9. For the fuller appreciation of the controversy, it seems to me that some of the details is called for which speaking with utmost respect did not attract the consideration in the previous......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
....ip;..........Petitioner Vs. Shafiqur Rahman & State……………..........opposite parties Judgment March 4, 1981 Result: Rules are made absolute. Case Referred to- Afzalur Rahman Vs.King Emperor, AIR 1943 FC 18; Nagraj Vs.State ......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......ab went with arms to the fishery at 2 P. M. on the following day. They took away the nets, ropes and rice from Khans Ghar. They also took away 2 boats and demolished the Khana Ghar and thereby caused loss of Tk. 10,000/-The accused persons raided the house of the complainant's uncle Hafizur Rahm..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
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