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Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ercise of discretion by the Government in the matter of the selection or classification. After such scrutiny the Court will strike down the statute if it does not lay down any principle or policy for guiding the exercise of discretion by the Government in the matter of selection or classificati......onal, if the case in which the question is raised can be properly disposed of in some other way. I, therefore, refrain from striking down the section as unconstitutional in adherence to the principles set out herein. Fazle Munim J. - This appeal arises from the judgment and order of a......ra wires the Constitution as the finding that the order under challenge is vitiated by malice in law is sufficient to dispose of the appeal. As regards the constitutionality of the section aforesaid, I like to adhere to the well established self-set rule which says, the Court will not...... to Article 133 of the Constitution. 28. In this constitutional background, the provisions of law under which the impugned action was made have to be considered. Since the question requiring our determination may involve the constitutionality of not only Section 9(2) of the Act, but even the en..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ......which provides that for an application for execution of a decree the period of limitation of three years begins "where there has been an appeal, from the date of the firtal decree." On that principle, the application for restitution was found to have been filed within the period of limitat......ers………… ................Respondent Judgment November 26, 1980 Result: The appeal is dismissed. Restitution application is not an application for execution of a decree An application for restitution is an independent application, no......ode, that if an application for restitution is same as an application for execution then a separate section like S.144 is superfluous. Definition of "decree" in S.2 C.P.C. includes the determination of an application under S.47 and also the determination of an application under S.144;..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ......orporation. 4. So far as the proceeding taken by the authority of the Corporation in dismissing the petitioner from service is concerned, there has not been any non-compliance of any rule or any principle of natural justice as such since the petitioner was given full opportunity to defend himse......ember 21, 1980 Result: The Rule is made absolute. An employee of a statutory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutor......ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......he case of Kapti Ram Shil Vs. Sumitra Devi (1) and in the case of Mosharaf Hossain Vs. Bangladesh Jute Industries Corporation (2) the injunction granted by the High Court Division was done of correct principles. 4. So far as the case of Mosharof Hossain is concerned, it is to be observed, that ...... Judgment November 5, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaint......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......am Chowdhury J.— This Rule was directed against the order dated 19-11-79 passed by Mr. H. Hoque, Subordinate Judge, 3rd Court, Dacca in T.S. No. 152 of 1973 allowing plaintiff's prayer for amendment of the plaint. 2. Facts giving rise to the present rule are as follows: That......ties. In interpreting and applying this rule the Courts have applied from time to time various tests. While it is re-cognised that in order to avoid multiplicity of suits and to enable the final determination of all questions arising in the litigation the rule should be administered in a fairly..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ......ity of the decree. 5. There is no dispute, that the proposition that has been laid down in the Calcutta Full Bench’s case is well settled. What requires is the application of the principle of the facts of a particular case. It is now well established that the decree be without ......d Single Judge of the High Court Division correctly held that the executing Court can go behind the decree to see whether the extension of time granted to deposit the balance consideration money for the passing of a decree for specific performance of contract where there was an earlier defau......he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ...... Judgment Kemaluddin Hossain CJ.- Defendant is the appellant and the appeal stands on the question whether the Court of appeal below and the learned Single Judge of the High Court on right principle decreed the suit. 2. Facts are that the plaintiff is the nephew, and the principal de......t the correction of the Municipal papers failed and so he filed the suit. 3. The defence was that the two brothers were joint in mess and property, and they separated only seven or eight years before the institution of the suit, and so the defendant was entitled to half of the interest in......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ...... then to the property in the goods sold to the buyer. Whether or not the seller in fact passes the property to the buyer on shipment, the risk passes. The presumption would, therefore, appear on principle to be that, in the case of an F.O.B. contract, the seller intends to fulfill his contract ......h; F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payment for the goods become due……….(6) Proper......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
....vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
......tion. Further, he denied that there was any contract with respondent No.1 under which he may terminate his service; and the order of termination was mala fide and passed in violation of the principles of natural justice.
6. Some background is necessary to understand the position ......smission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the Administrative Manager of the Enterprise which is contained in the letter from the Minister for Labour is as follows:
"In recognition to his all dedicated and efficient particip......company when, in 1972, it was nationalised under the provisions of the Bangladesh Industrial Enterprise (Nationalisation) Order, 1972, (P.O. No. 27 of 1972) and placed under the corporation. The determination of this essential paint would resolve the questions on which Leave has been granted by..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
.... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ......being given an opportunity to present his case against the report of the Pleader Commissioner. 22. As we said before, no Rule and Orders have been violated but what has been violated here is the principle of natural justice. The appellant ought to have been given an opportunity to file an ......p;…….Appellant Vs. Md. Sabiq Khan & others……………Respondents Judgment April 28, 1980 Result: The Petition is dismissed for non-prosecution. Partition suit Formal defect in preliminary decree does not null...... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ...... but also the validity of the national legal order, irrespective of how or by whom such a, change is brought about," are wholly unsustainable and cannot be treated as good law either on the principle of stare decisis or otherwise. In deciding the question of supremacy of the Constitution v......o death by the judgment and order dated August 5, 1978 which has been duly confirmed. Against the order of conviction and sentence the appellant moved the High Court Division in its writ jurisdiction for an order declaring the proceedings taken in passing the judgment and order dated 5.8.78 in M.L. ......passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......nsequences do arise which are absurd or unjust, it would set the Court to inquire if it was the intention of the law maker to use the words in their ordinary significance". Having propounded the principle correctly, the learned Judges took pains to find that the amendment by President's Ord......e reconveyed if the money is repaid within 19 years. The respondent No.3 made an application under section 95(4) and (5) of the East Bengal State Acquisition & Tenancy Act to the respondent No. 2 for restoration of possession of the said land. This petition was allowed on 30-3-73 and therea......High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......he pleading before the framing of the issues. So that the other party may not be taken by surprise and is prejudiced in the matter of taking steps to meet the objection. According to his Lordship the principle relating to a partition suit has got n6 application to a proceeding for pre-emption. His L......ub-section (1), Similarly, all the contiguous land owners are to be made parties in the application falling under the second part of sub-section (1). Sub-section (4) provides the period of limitation for the remaining co-sharer tenants or the tenants holding land contiguous to the land transferred, ......foregoing paras do not find any prima facie evidence to the effect that the said Aironnessa is a co-sharer of the holding. And these are serious questions of title involved in this case in the way of determination of Aironnessa or anybody else named in w/s has any share in the case holding or n..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78 ......he allegations levelled against them by respondent No. 2. This unilateral action of the respbndent No. 2 without prior notice to the petitioners has evidently caused the violation of the general principle of the rules of natural justice. 5. A Division Bench of the Dacca High Court by a jud......ot fulfill their contractual obligation. As a result, the Directorate General of Defence Purchase cancelled the contract with the petitioners' firm. This was followed by the issuance of the aforesaid impugned notice by the Directorate General of Defence Purchase to all to 44 author......This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78 ..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ...... as it appears from the finding of the Lower Appellate Court to effect. Whereas admittedly the opposite party No.1 is neither a co-sharer not a boundary man." In that view of the matter the principle of law as enunciated in the case reported in 37 DLR 220 (AD) has got no manner of appli&sh......f, 1st Court, Pirojpur in Miscellaneous Case No.7 of 1973 dated 30.11.76. 2. In this application the petitioner has challenged the order of the learned Subordinate Judge allowing the application for pre-emption filed under sub-section (1) of section 96 of the State Acquisition and Tenancy Act, ......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ......nnected issues. One of us who delivered the judgment in the case of Administrator, Omar Sons Ltd, Vs. The Chairman, First Labour Court, Dacca and another. (3) observed as follows: "The principle to be followed in matters dealing with the same subject, 'where there are parallel law...... raised in these appeals are common, they were heard analogously and this judgment will govern all the four appeals. 4. The employee who was a senior assistant in the company's establishment for 20 years claimed that he, being the General Secretary of the Workers' Union, was involved in......and the expressions 'may apply to the labour Court for enforcement of any rights' are sufficient to enable the Labour Court to operate, and therefore, adjudicate any dispute presented for its determination by an application. No further conferment of jurisdiction on the Labour Court unde..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......lah Vs. Ahmed Din, reported in 16 DLR (SC) 169, observes as follows :- “The line of demarcation between a lease and a licence will sometimes be very thin though there is no doubt as to the principle applicable. A lease, as will appear from section 105 of the Transfer of Property...... yearly renewals. He executed licence documents. The defendant was dismissed from the service of the plaintiff in July 1956. As he did not vacate the land, on demand the plaintiff instituted the suit for declaration of title and recovery of possession. The Government was the defendant no. 2 in the s...... of the defendant No.1. It is not executed by the plaintiff. This document cannot he said to be a formal agreement between the parties. 16. The provisions of an agreement are the best guide to a determination of the question whether a transaction is a lease or a license. But that agreement must..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......he Superior Selection Board found them fit and recommended them for promotion. The non-consideration of the cases of the petitioners for promotion, in the circumstances, is clearly a violation of the principle of equality of opportunity guaranteed by Article 29 of the Constitution of Bangladesh......6. In Writ Petition No.527 of 1979 petitioner Mohammad Faizullah, Deputy Secretary, Government of Bangladesh, Ministry of Local Government, Rural Development and Co-operatives, was selected for permanent appointment in 1965 by the erstwhile Government^ of Pakistan as a member of the former......ng the seniority of officers who were formerly members of different Pakistan services after their appointment in various cadres of posts in Bangladesh. The question of enunciating principles for determination of seniority and of preparation of seniority list is under active consideration o..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......e right acquired by the parties under the decree for specific performance of contract which has not been executed. If the parties have acquired a right which the law recognizes then the fundamental principle of jurisprudence is that where there is a right there must be a remedy. 5. It is ther...... Vs. Abdul Malek Khan..........................Respondent Judgment August 23, 1979. Result: The appeal is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the......ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......no show cause notice was served upon him giving him an opportunity to explain his position the impugned order is illegal being violative of Article 135 of the Constitution as well as of the principles of natural justice.
2. The petitioner was first appointed Asst. Attorney General on ......er.
R. A. Bakr, Attorney-General, Sytd J. R. Mudassir Husain, A. A.-G.—For the Respondents.
Writ Petition No. 614 of 1978.
Judgment
Shahabudin Ahmed J.- The petitioner, former Deputy Attorney General (Criminal), has challenged in this petition under Article 102&nb......d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
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