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Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....time when Agha Md. Yahya Khan was not in power and in spite of this decision the Armed Forces of that country again overthrew a constitutionally elected government by constitutional means placing the whole country under Martial Law. 12. These two applications have been filed just two days ago c......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ...... elector and a citizen of the country felt aggrieved by the impugned Notification and other actions taken there under by the Chief Election Commissioner (respondent No. 1) at a huge expense of public money. In the other petition, Writ Petition No. 447/78, the petitioner, Mr. A. M. Maniruzzaman Laske..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....aimed by civil authority and the armed forces had to come as and to maintain the civil administration. This point is correct because reading two proclamations together as we have already analyzed the whole purpose of Martial Law was to bring the country on the even keel by way of fair election. In t......ansfer of the present case from the Court of Special Tribunal to the Special Martial Law Court was illegal and without jurisdiction. If a decision is given without jurisdiction that is nullity and no amount of confirmation by a superior authority will make valid an order which is nullity. In the wor....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. .......R. 1973 SC 2565 the Indian Supreme Court upheld the view expressed in A.I.R. 1943 Madras 698 (F.B.) and observed: “The decree of the High Court here in so far as it held that the mortgage money can be recovered only from the half share in the properties Was also a decree in favour of the..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ..........Appellant Vs. Rahmat Ali Galdar & others........................Respondents Judgment April 17, 1978 Result: The Appeal dismissed Whether dismissal of a suit amounts as a rejection of the plaint- the order of dismissal under section 8B (3) Court Fees Ac......chased by the defendant Nos.1 and 2 front the heirs of the recorded tenant for a consideration of Rs. 1550/- From the endorsement in the kabala, the learned Munsif found that the entire consideration money was paid to the executants before he Sub-Registrar who registered the document. As such the le..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ......e for the petitioner. By the proposed amendment, the plaintiffs have introduced a completely new case alleging that the suit property actually belonged to one Mariam khatun who paid the consideration money, the kabalas were obtained in the plaintiff's names for certain reasons, and they had disc..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....emplated in sub-section (3) to (10). But before that stage is reached, the power is given by law to attach the disputed property immediately after drawing of order under sub-section (1) otherwise the whole purpose will be defeated. To put an artificial construction on the meaning and function of &qu......fficer or authority empowered to prevent breaches of peace by restricting the movement of persons, he must first give them an opportunity of showing cause before action? To hold so would, in my view, amount to stultifying the action itself and, therefore, I can not agree that this rule is of univers......sion 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 ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....emplated in sub-section (3) to (10). But before that stage is reached, the power is given by law to attach the disputed property immediately after drawing of order under sub-section (1) otherwise the whole purpose will be defeated. To put an artificial construction on the meaning and function of &qu......fficer or authority empowered to prevent breaches of peace by restricting the movement of persons, he must first give them an opportunity of showing cause before action? To hold so would, in my view, amount to stultifying the action itself and, therefore, I can not agree that this rule is of univers......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. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....lossaries, that the term 'barga' has been defined as an agreement by which the cultivator engages to ray the landlord half of the produce, the latter providing half of the seed and paying the whole of the rent, From the condition of 'tenant' as given in section 3, clause (17) of......7) of section 3 which militates against a bargadar being a tenant Rent, according to clause (13) of section 3 as we have seen may be in money or in kind and it need not be a fixed amount, there is nothing in law to prevent a landlord from accepting a variable or fluctuating quant...... possessed the land by their borgadars, that during the revisional settlement operation the suit land had been recorded in the names of defendants 3, 4 and 5 and they possessed the same on payment of money rent, and that the suit was barred by limitation. 4. The learned Munsif dismissed the sui..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......al No. 250 of 1963 affirming the judgment of the learned Munsif, 1st Court, Madaripur, in Title Suit No. 244 of 1962. 2. The plaintiff's case, in brief is that plaintiff No. 1 was in need of money and approached the defendants for a loan of Rs.100/- but he was refused. Thereafter it was agr..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
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 ......ous exceptions to this rule which may be summarised as follows: 1. Whether the act complained of is illegal or ultra vires. It cannot be confirmed by majority. 2. Whether what has been done amounts to fraud on the minority and the wrong-doers are in control of the Company if the aggrieved ......n (1967 Chancery 254) in which the Court held that the plaintiff was justified in suing in a representative capacity in respect, of the alleged wrongful disposal by the Director, of the Company's money. It was also held, by George Jessel M R in the case of Pender Vs. Lashington 1877 (6) Chancery..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
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 ...... 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 ......ervice of the petitioner was wholly irregular and ultra vires to the Rules it can not said to have taken any legal effect nor can it be said to have created any right in favour of the petitioner. The money that had been received by the petitioner on the basis of the irregular orders of respondent No..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 ......o. 2, the dispute was ultimately referred by the Registrar to an arbitrator, after hearing the parties, made an award by his order dated 30, 12, 77 asking respondent No. 2 to pay to the petitioner an amount of Tk. 47, 898, 13 75. Being aggrieved by the award respondent No. 2 filed an appeal under se......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 ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ......k of compulsory retirement from service. But if a person is compulsorily retired from service by way of punishment its effect is same, as that of removal or dismissal from service and in that case it amounts to removal or dismissal. The Indian Supreme Court in a case reported in A.I.R. 1967, SC-1264...... even where an alternative remedy is available an application under this Article- may lie if the High Court Division is satisfied that the alternative remedy is not available without loss of time and money. Again, the question of alternative remedy, he has argued further, will be of no avail if the ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ......k of compulsory retirement from service. But if a person is compulsorily retired from service by way of punishment its effect is same, as that of removal or dismissal from service and in that case it amounts to removal or dismissal. The Indian Supreme Court in a case reported in A.I.R. 1967, SC-1264...... even where an alternative remedy is available an application under this Article- may lie if the High Court Division is satisfied that the alternative remedy is not available without loss of time and money. Again, the question of alternative remedy, he has argued further, will be of no avail if the ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
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. ......intiffs were entitled to recover the price of the consignment as stated In the Schedules to their respective plaints. The suits were, however, dismissed on the ground that non-delivery of consignment amounted to loss but no notice was given to the Railway within the time prescribed under section&nbs......oth the appeals). First Appeal No. 90 of 1962 and First Appeal No. 53 of 1962 Judgment M. H. Rahman J.—F.A. No. 90 of 1962 and F. A. No. 53 of 1962 have arisen respectively from money Suit No. 8 of 1958 and Money Suit No. 9 of 1958 dismissed on contest by Mr. A. B. Khan, Subord..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....e been issued to one dead proprietor namely, Bicharan Biswas, predecessor-in-interests of plaintiffs Nos.10, 11 and 12. The sale was therefore invalid and the under tenure were never annulled. On the wholesale acquisition of rent receiving interest from April, 1956 the plaintiffs were recorded in th......l possession since, in the touzi there were under-tenure holders who were in actual possession. Mr. B.B. Roy chowdhury contends that symbolical possession from the Collector on confirmation of a sale amounted to actual possession and as such the defaulting proprietors stood dispossessed thereby and ......een shown for shifting the date. The learned Subordinate Judge observed that the sale was thus held by disregarding the provision of section 20 of the Sales Act. Again, 25% of the purchases money was paid by the purchaser on the date of sale but the balance, which was to be paid positively..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....e been issued to one dead proprietor namely, Bicharan Biswas, predecessor-in-interests of plaintiffs Nos.10, 11 and 12. The sale was therefore invalid and the under tenure were never annulled. On the wholesale acquisition of rent receiving interest from April, 1956 the plaintiffs were recorded in th......l possession since, in the touzi there were under-tenure holders who were in actual possession. Mr. B.B. Roy chowdhury contends that symbolical possession from the Collector on confirmation of a sale amounted to actual possession and as such the defaulting proprietors stood dispossessed thereby and ......een shown for shifting the date. The learned Subordinate Judge observed that the sale was thus held by disregarding the provision of section 20 of the Sales Act. Again, 25% of the purchases money was paid by the purchaser on the date of sale but the balance, which was to be paid positively..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......son in Court, the fact that he has absented himself is sufficient to constitute a breach of the condition, and therefore, for future of the bond. The 2nd stage relates to realization of the forfeited amount of the bond. After the Court has come to the conclusion that the bond has been forfeited......e. "The bail bond of the accused was cancelled and the warrant of arrest was ordered to be issued against the accused. Both the sureties were asked to show cause against forfeiture of the surety money. They showed cause and a medical certificate from Jessore was also submitted along with the pe..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
....erwise dispose of the property or part thereof if such sale, mortgage, lease or other method of disposal was necessary for the purpose of the substantial preservation of the property in question. The whole idea underlying the said rule seems to have been that the properties which were enemy pro......les with a view to protecting the enemy properties being utilised in any manner for the benefit of the enemy or in the interest of the enemy State and to the prejudice of Pakistan. Therefore, it amounts to only a control over the enemy property by the Custodian. If after vesting of the enemy pr......r all or any of the following matters, namely:-
* * *
(iv) preventing anything likely to assist the enemv or to prejudice the successful conduct of war, including—
(d) advance of money to, or contracts or commercial dealing with the enemy, enemy subjects or persons residing, car..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....es can be ordered to be paid at any stage by the person by whom such fee is payable— The Court may in its discretion, at any stage, allow the person by whom such fee is payable, to pay the whole or part, as the case may be of such Court fee and upon such payment the document shall have th...... Under Order 41 rules 23 and25 the Code clearly lays down that there can be no remand unless the conditions laid down in those rules exist…… (10-12) Deduction of the amount payable by the tenant to recover from the landlord— In case of urgency, the tenant...... of set-off—Conditions-Not bared by limitations- Order 8, Rule 6 of the Code of Civil Procedure, 1908 The relevant provisions dealing with set-off are- (a) the suit must be for recovery of money (b) the claim demanded to be set-off must be an ascertained sum of money (c) it must be legall..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
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