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Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......been taken in 26 D.L.R. 291 has not been followed up by any other High Court and this view that was taken on the interpretation of the proviso requires modification. It is profitless to reiterate the principles which have now been well settled as to the meaning, scope and extent of section 145&......tion as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing op formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” ......ly to that section. It is proviso to the entire section itself because the expression "pending his decision under this section" has been used. In other words, when the entire dispute awaits determination under section 145 Cr. P. C. then in the case of emergency "if the Magis..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......pearing for the appellant, has submitted that the learned Subordinate Judge misinterpreted the decision in the case of Kumir Mondal Vs. Pramatha Nath Chowdhury (1962) in 14 DLR 801 in, as much as the principle laid down in the said case is that a borgadar recorded in the C.S. Khatian pleas tenant be......the decision of the Subordinate Judge, Bogra, in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......e fully warranted by Regulation 12(ii). In the context of the Regulations Dr. Husain submitted that the services of the appellants were lawfully terminated and there was no violation of the principle of natural justice. 9. Bangladesh Bank (Staff) Regulations have been framed to define...... Bank, Dacca Office. 4. Both the appellants filed appeals against the respective order of termination but the same were dismissed on May 3, 1975. The appellant Abdul Hannan Sikdar filed a case before the Labour Court challenging legality of the order of termination but the same was dismissed on......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......f justice and fair play. Yes, if the petitioner had been charged with the commission of a minor offence but was punished for a major offence, the impugned order will be contrary to law as well as the principle of natural justice. But on perusal of the affidavit in opposition along with the clarifica......lthough he had been charged with some minor offence punishable by censure, stoppage of increments etc. He submitted a representation to the respondents demanding justice. Thereupon, the respondents informed him that he was in fact dismissed in connection with a different proceeding drawn on a charge......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
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Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......declaration of his legal status ; that according to the plaintiff's own case the authority to vest a Director with the powers of Managing Director having been placed in the general meeting of the principle laid down in the famous case of Foss Vs. Harbottle and that plaintiff has no cause of acti......inate Judge 3rd Court, Dacca in Title Suit No. 209 of 1977. This order was occasioned because of an application under Order 7, rule 11 of the Code of Civil Procedure filed by the defendants for the rejection of the plaint filed by the plaintiff-appellant wherein prayers were made for three......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
.... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ...... for the respondents has failed to show from his affidavit-in-opposition or from his file whether any notice in this regard had at all been served on the petitioner. There is a clear violation of the principle of natural justice that a man should not be adversely affected without a hearing, and comp......id import license 1008 Lbs. of Nylon yarns in 15 cartons from Hongkong by International A.W.B. dated 16.1.73. He received the shipment document. While he was procuring other relevant papers necessary for the release of the imported goods the documents he had received from the sender's end were l...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
....ole- Since the appeal arose out of partition suit, the suit could not have proceeded without the deceased appellant and respondent who were both defendants in the in the suit- The principle guiding the abatement of an appeal in part or as a whole was, whether, in the event of the appeal be......or as a whole- Since the appeal arose out of partition suit, the suit could not have proceeded without the deceased appellant and respondent who were both defendants in the in the suit- The principle guiding the abatement of an appeal in part or as a whole was, whether, in the event of the......: S.S.Halder—For the Appellant. Md. Abdur Rahim—For the Respondents. Second Appeal No. 359 of 1973 Judgment Abdur Rahman Chowdhury J.- These two applications, one for review of the order dated 14-11-77 passed by this court and another for leave to appeal under Cl...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......'s power to review and stay the proceeding relating to handing over the possession of the undertaking was challenged, Mr. Paul has, however, found the case attractive for restatement of the legal principle, by now well established, that the authority that has the power to make an order has also ......ervice as an engineer in the war-torn country, and later, on October 18, 1972, in another representation he explained his conduct in submitting his resignation and apologized and expressed his regret for his behavior for which the Railway might have taken any exception. The Government after consider...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......nt No. 2 filed an appeal under section 134 of the Act. The appeal was heard and dismissed by the Assistant Registrar by order dated 3.3.72. Thereafter, respondent No. 2 filed an application for review under section 135(2) of the Act which was also rejected by the Joint Registear ......available against an award by appeal under section 134 and by review under section 135 of the Act and that no remedy lies in suit in a Civil Court. The only question before us for determination therefore is whether the second review application is mains trainable. As it appears f..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ......two appeals have been heard together and will be governed by this judgment. 2. The plaintiff appellant in F.A. 90 of 1962, Shafiuddin Khan, filed Money Salt Bo. 8 of 1958 claiming Rs. 17,004-8-0 for non-delivery of two consignments of cardamom sent on 17-4-57 and 18-4-37 by the East Bengal Rail......t in settling the matter promptly. 9. The learned Advocates of the parties have not seriously challenged the findings of the facts of the trial Court; therefore the only Issue that calls for our determination In these appeals is whether service of notice under section 77 of the Act is..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......ession. The defendants contested this suit denying the plaintiff's claim of title and possession altogether and questioned the very maintainability of the suit contending that it is barred by the principle of res judicata as well as by law of limitation. In view of these pleadings of the parties......rt, Dacca in T.S. No. 138/65 was found by the learned Subordinate Judge to have stood in the way of this suit. Hence the plaintiff has come in this appeal. 2. Facts of the case, so far necessary for disposal of the questions raised before us, are that the plaintiff-appellant claimed to have pur......ent suit has been raised.” 7. Mr. Serajuddin Ahmed has, on the other hand, relied upon AIR-1929, Lah, 596 AIR-1935, Cal. 641 and CWN (XII)-359 in the first case the question that arose for determination was whether the decree in a previous suit for declaration of title which was found hit..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......possession of such tenant." We fall to understand how this observation will help the appellant before us. Symbolical possession is a good as actual possession against a judgment debtor, and this principle of law was finally settled as far back as in 1917 by the Judicial Committee of the Privy C......1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in their plaint is that plaintiffs Nos. 8-18 along with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of F...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......possession of such tenant." We fall to understand how this observation will help the appellant before us. Symbolical possession is a good as actual possession against a judgment debtor, and this principle of law was finally settled as far back as in 1917 by the Judicial Committee of the Privy C...... 1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in their plaint is that plaintiffs Nos.8-18 along with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of F...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
....tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......ld and what the report was and when and how it was made by the Police. As he was not given any opportunity to show cause to prove his innocence the impugned order terminating his service violated the principle of natural justice and was liable to be declared to be void.
3. The defendants contes...... Appeal No. 79 of 1970.
Judgment
M. H. Rahman J.—This is a second appeal. The appellant, Md. Abdur Rasheed, filed Title Suit No. 36 in the Court of Subordinate Judge, 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacc......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......uch as it was not the legislative intent that the decision of the Government as to the title to such land or building should be final.
33. It may of course be rightly contended, relying upon the principle laid down in the said Pakistan Supreme Court decisions, that the summary power as had been......perties, which stood in the name of one Paresh Chandra Bardhan, on the basis of valid documents, that certain other lands standing in the name of Chittotosh Bardhan were debutter properties dedicated for the worship of the ancestral family deity of the appellant, who, being the eldest member of the ......roperties. These questions can be effectively decided only on production of necessary evidence and the High Court Division exercising its constitutional jurisdiction is hardly a proper forum for such determination, Such questions can only be conveniently and appropriately adjudicated in a properly f..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......the effect of altering the law applicable to a claim in litigation which was in existence at the time when the new law came in to force. In Maxwell's interpretation of Statutes, 11th Edition, the principle has been stated as follows: "Every statute, it has been said, which takes away o......of 1973. In the matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment Ruhul Islam CJ.—This Rule Nisi was issued......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......upon the High Court to act judicially and to observe the rule of natural justice and that any order made without giving the affected person an opportunity of being heard in violation of the said principle is without jurisdiction. 9. As regards the third question for the consideration of wh......e respondent, without issuing a Rule upon the appellant, who was the sole opposite party in the said application, and setting aside an order of dismissal of an appeal preferred by the respondent for his failure to put in a sum of Tk. 500/- within the time directed by the appellate Court. ......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ......g that there is an Annexure I which appears to be Confidential direction issued from the office of the Martial Law Administrator, Zone C. Since the petitioner has not made them party the well-settled principles of law is that one can not be condemned without being heard. Keeping in mind this princip...... follows:- The Chittagong Paurashava by a notice in the newspaper published that there would be an open auction of as many as 11 Pourashava Octroi posts, namely, Group 'A' Jo 'K' for leasing out the said octroi posts on yearly basis to the highest auction bidders for period begi......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ......e exist no definite rules of substantive law by which questions of this nature, relating to the right of pre-emption claimed under the terms of the Wajib-ul-arz, are governed. It is only on the broad principles of justice, equity and good conscience' that such question can be dealt with by the C......Tenancy Act is a statutory right and is to be exercised within the scope of the statute itself. There is no embargo in the State Acquisition and Tenancy Act that the right of pre- emption shall stand forfeited if a disqualified person is joined with the pre-emptor in an application for pre-emption&h......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
....de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......ssed by Mr. M. Rahman, Secretary, Establishment Division, Government of the People's Republic of Bangladesh, under P.O. 67 of 1972 intimating the dismissal, from service of the petitioner and the forfeiture of the house at 126, Gulshan Avenue, Dacca, under Article 6 of P.O. 67 of 1972 and the or......ng down to the costs it not reflected in the order although some calculation was made on the basis of square foot taking certain figure as the costs of construction per sq. foot and then on arbitrary determination of cost of porch, garage, servant quarters etc. it arrived at a figure Rs. 1,75,000 00..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
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