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Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....t of the lower appellate Court is set aside and the judgment of the trial Court is restored. Consequently the pre-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. &nbs......e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ......olute. Whether right to pre-emption exists if reconveyance of land comes about before starting of proceeding for pre-emption- If the reconveyance takes place before the starting of the proceeding for pre-emption, the right to pre-emption ceases to exist. When a land sought to be ..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....ober 20, 1982. Result: The Rule is made absolute. Whether there was direct personal involvement by the accused in the process of adulteration of food- Mere possession of any alleged adulterated food in any premise by itself will not constitute an offence under Sect......atements made by the petitioner in his application has been filed on behalf of the State. However, for the purpose of disposal of this Rule, it is not necessary to enter into such controversy at this stage. 5. In order to decide as to whether the Criminal Proceeding pending before the Spec......s Act, unless it is alleged that a particular person or group of persons in question were personally involved in the process of adulteration of food or selling thereof. Whether the Criminal proceeding pending before the Special Tribunal under the Special Powers Act is liable to be qua..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
.... by a different Tribunal. Nor is he being tried under a separate rule of evidence. Records of the case shows the same witness. The accused has deposed to the same effect and has not deposed anything in respect of selling of the cloths in the black market. There was neither any fresh compla......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ...... was there any fresh police enquiry report against him. The accused petitioner was also not being tried before a separate Tribunal altogether. He was being tried by the same Court. As such revival of proceedings against him in respect of the same offence was illegal and without jurisdiction. Ca..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for disobedience of any term or breach of an order' granting, an injunction. So the words of the sub-rule appear to ...... It was only a transfer of a single case to another court. Section 24 of the C.P.C. deals with the case of transfer and such transfer could be made by the High Court or the District Court at any stage either on an application Of any of the parties after hearing them or on its own motion fo......ed and as such the transferee court has session over the entire matter of the suit- When a case is transferred from one court to another it means not only the transfer of the suit but the entire proceeding including the ancillary proceedings and hence all the matters are to be disposed of by th..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....1982 shall be cancelled, the defendant No.2 shall join the plaintiffs in cancelling both irrevocable letter of credit, etc; and (g) That if there is default by the plaintiffs, in respect of any of the obligations under the contract, the security deposit of 10% shall be forfeited to the def......w of the non applicability of the provisions of rule 10, Order 7, C.P.C. to proceedings in an Admiralty Court. Rule 10, Order 7, C.P C. is as follows: "10.—(1) The plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been instit......s not empower the Admiralty Court to pass such an order. 7. Mr. K. A. Bakr, Counsel for the plaintiff-appellant, submitted that the provisions of the Code of Civil Procedure do not apply to proceedings before the Admiralty Court. Hence, the rejection of a plaint by that Court under Order 7..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....r rectification of the share register maintained by the respondent No. 1 by declaring the same as incorrect and fraudulent. According to the petitioners the register of members now lying with the company conaias correct entries. In such a position the relief prayed for does not come within the purvi......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......p;…………………Respondents
Judgment
May 28, 1982
Result:
The appeal is dismissed.
Companies Act (VII of 1913); Section 38
In a proceeding under Section 38 the Petitioner is not entitled to a relief ex-debito Justitiae..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....harer was also executed on the self-same date namely 21.11.75 and also registered on the self-same date that is on 11.4.78 so his kabala for being a co-sharer and for having locus standi being not of any earlier date than that of the kabala sought to be preempted be was not entitled to claim rateabl......ced nor evidence in that regard was placed before either the original or the appellate Court nor that was considered by them and this being a question of fact can not be raised and considered at this stage. 11. Mr. Anser Ali further submitted that since the petitioner did not submit any applica......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....of the aforesaid contention, let us consider the language of section 144 of the Code of Civil Procedure which runs as follow:- "Where and in so far as a decree is varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for......s to the identity of the suit land is the suit itself. We do not see any written statement filed by the defendant raising any such contention in the suit. It is therefore, premature at this stage to enclude and say anything as to the identity or otherwise of the suit land. We have taken su......on, let us consider the language of section 144 of the Code of Civil Procedure which runs as follow:- "Where and in so far as a decree is varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose, the court which ..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
....12.12.70, passed by the Sub-Divisional Officer, Jamalpur, in Case No. 56-EP/70-71, purporting to take possession of part of C.S. Plot No 14, Khatian No. 22 of Mouza Narayanpur had been passed without any lawful authority and was of no legal effect.
5. It is the petitioner's case that he alo......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......and the case was on the allegation that the petitioner with his family members illegally grabbed, Govt. acquired land at Mouza Narayanpur in Plot No. 14 Khatian No. 22.
Challenging the aforesaid proceeding the petitioner and his mother filed Writ Petition No 921 of 1978 and obtained a Rule and ..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....6.10.78 under Martial Law Regulation No. 12 No. 1 of 1975 at 2-15 P.M. and no order of the Hon'ble High Court With regard to stay of further proceedings in the aforesaid case was shown to him nor any bail petition was moved before him. He further stated that he left the Court premises at 2-20 P.......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ......75, was started against the petitioner on the allegation that he grabbed illegally government land at mouza Narayanpur in plot No. 14, Khatian No. 22 measuring 29 acres. The petitioner challenged the proceeding of the said Case No.14 in Writ Petition No.961 of 1978 before this court and obtained a R..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....y were not paid out of the State Treasury— Under the statutory rules the Chairman of the Local Parishad was the appointing authority and an employee of the council —In the absence of any statutory rule and regulation relating to power of appointment and dismissal of the Zilla Board ......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......ilure of the Enquiry Officer to submit the report within 10 days has caused prejudice to the delinquents— The delay in filing the enquiry report by the Inquiry Officer has not vitiated the proceeding or the report submitted by the Inquiry Officer. Whether a law enjoining an authority to d..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....sion of the garden in 1975 and the learned Assistant Attorney General had no answer as to how the government could re-enter and take possession without the intervention of the court. Viewed from any stand point, it must be held that the impugned action of the government was illegal and wit......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. ......ted. 31. We cannot, however, entertain the prayer of Mr. Chowdhury to declare that the Government are liable to pay for all the lose and damages caused to the property of the petitioners in this proceeding for the simple reason that it will be a vague declaration, for, we cannot assess the dama..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)
....rney General. 2. The petitioner in the Rule have although maintained that they had a valid lease for the Tea Garden in question and that it was taken over by the Government Illegally and without any lawful authority whereat the Government tried to make out a case in their affidavit in oppositio......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. ......ted. 27. We cannot, however, entertain the prayer of Mr. Chowdhury to declare that the Government are liable to pay for all the loss and damages caused to the property of the petitioners in this proceeding for the simple reason that it will be a vague declaration. For, we cannot assess the dama..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... of the Government of Bangladesh and it Was published in Bangladesh Gazette extraordinary on 24th December, 1979. Rule 2 of the aforesaid Rules says that these Rules shall have effect notwithstanding anything contained in any other rules, orders or instructions relating to seniority or other conditi......esh. So far as the position of such employees of Government of Bangladesh who were also earlier employees of the erstwhile Government of Pakistan is concerned, such persons did undergo a transitional stage whose position has been amply mentioned in paragraph 10 of the 4th schedule of the Constitutio...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....ned Munsif on limitation, allowed the appeal and dismissed the pre-emption case on the ground that the application was bad for defect of parties and that the learned Munsif failed to record any finding on the point as to whether the pre-emptor petitioners are persons entitled to pre-empt t......on if not so taken may be deemed to have been waived." We have not been shown any other decision in which these views have been departed from. No specific objection having been taken at any stage of the proceeding in the instant case under section 96 of the State Acquisition and Tenancy Ac......taken may be deemed to have been waived." We have not been shown any other decision in which these views have been departed from. No specific objection having been taken at any stage of the proceeding in the instant case under section 96 of the State Acquisition and Tenancy Act before the ..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....the learned Munsif on limitation, allowed the appeal and dismissed the pre-emption case on the ground that the application was bad for defect of parties and that the learned Munsif failed to record any finding on the point as to whether the pre-emptor petitioners are persons entitled to pre-empt......objection if not so taken may be deemed to have been waived." We have not been shown any other decision in which these views have been departed from. No specific objection having been taken at any stage of the proceeding in the instant case under section 96 of the State Acquisition and Tenancy Ac......not so taken may be deemed to have been waived." We have not been shown any other decision in which these views have been departed from. No specific objection having been taken at any stage of the proceeding in the instant case under section 96 of the State Acquisition and Tenancy Act before the ..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....nd four daughters defendant Nos.5 to 8, as his heirs. The plaintiff Aftabuddin Mia after the death of his father, offered consideration to the defendants, the original transferee of the said land on many occasions with a prayer for reconveyance of the suit land at agreed upon but was refused. Lastly......nding that the plaintiff was entitled to the decree of Specific Performance of Contract in respect of the entire suit land, the court decreed, the suit on contest with costs. 4. At the appellate stage Performa defendant Nos. 2-8 appeared claiming their share to be reconveyed. The court of appea...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....-7-72. 6. P.W.2 Haju Mia is the owner of a tea stall at Jagoti. He deposed that 2 Biharis named Faruque and Monsur took P.W.1 from his tea stall 1½ years ago but the 2 Biharis did not say anything more. In cross-examination he stated that Chorhash is a different village and his tea stall......fails. 39. The next two charges on which the accused appellant has been convicted fall under Article 2(b)(v) read with Part IV (b) of the Schedule to P.O. No.8 of 1972. It will be useful at this stage to reproduce Article 2(b)(v) which reads as follows:- "2. In this order…....../-, 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)
.... 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 order of sentence passed by a Court or trib......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 ...... that order could be looked at. When such a question is agitated before the Court, the Court is first to see the provisions of the law as well as the provisions of the constitution. The nature of the proceeding and the purpose of the Act are to be considered to see the jurisdictional infirmity of th..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
....t Joes not render the passport invalid--For such suppression the holder of passport may be otherwise dealt with but cannot be denied entry in Bangladesh-
The respondent has not brought on record any material on which it could be said that the passport which Towab was holding at the time of his ......and other documents and cleared him by stamping his passport. The health authority also gave him clearance. The custom's authority also checked his personal effects and allowed him to go. At this stage, one Muzaffar Islam, S. P., Special Branch, and officers of the respondent with the help of a ......efused entry into Bangladesh on such allegation.
Power of Attorney—
When petition has been filed against the Government by virtue of Power of Attorney authorising institution of legal proceeding against Government, the Power of Attorney is not invalid and does not attract the mischie..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
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