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Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....lamation of 29-11-76 and repealing all Martial Law Regulations and Martial Law Order. (2) The extent of protection given under the Fifth Amendment to orders made acts and things done or taken by any person or authority in exercise of the powers derived or purported to have been derived from suc......omes a case pending before a Criminal Court. The learned Attorney General referred to a decision of this Division in the case of Dr. Mozommel Huq Chowdhury, (1) a co-accused in this case upto certain stage being Civil Petition for Special Leave to Appeal No. 184 of 1978. In this petition the qu...... 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. Case No.37 of 1978 by the S..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....tion in accordance with law. A co-sharer tenent or tenant holding land contiguous to the land transferred may waive his right to purchase the land, but on this consideration there is hardly any scope for taking the view that the requirement of sub-section (2) is not mandatory but is m......s not controlled by Order 1, rule 9, which merely provides that a suit shall not be dismissed by reason of mere nonjoinder of necessary parties. Order 1, rule 10 provides for addition of party at any stage of the proceedings, either upon or without the application of either party. Where there i......rt 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, to join in the pre-emption proceedings. This period of two months begins to run from the service of notice of the applicat..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....odies, Corporations and other Government and semi-Government statutory organisations numbering in all 44, the notice in question asked the persons concerned to stop payment to the petitioners of any out-statanding bills and to hold up earnest money, security deposit, etc. on account of an alleg......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 ......event of any breach of contract or non-compliance of any term of the agreement the parties thereto can cancel, terminate and discharge the contract and such action may be followed by appropriate proceeding before the appropriate Court, if at all, for any civil action by way of recovery of damag..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....his respect the learned Subordinate Judge as already quoted above found that the land was agricultural land. There is nothing on record to show that this finding is perverse. Therefore, I do not find any reason to hold that this finding of the learned Subordinate Judge as to the nature of land suffe......r those points afresh and in that view of the matter the contentions of the learned Advocate for the petitioners on other points except question of maintainability could not be gone into at this stage. As these points arise out of the order of Lower Appellate Court I find no bar in urging those......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
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....-emption in accordance with the law. 6. Mr. Abdus Salam, the learned Counsel appearing for the appellant submitted that Sadat Ali Kari being alive at the time of the sale and he having not filed any application for pre-emption proceeding his heirs are not competent to start pre-emption pro......e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ......tion the preemption case fails. On the death of the pre-emptor this right is not lost, because, the pre-emptor's heirs or their heirs inherit the right along with the land. In a pending proceeding the heirs are entitled to be substituted in the place of the deceased pre-emptor and..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....Writ Petitions No. 863 and 864 of 1974 on January 7, 1977. In Civil Appeals No. 46 and 47 of 1978, Ally Akbar, who is an employee of James Finlay & Co. Ltd. (hereinafter called "the Company”, is the appellant. The company which is the appellant in Civil Appeals No. 26 and 27 of 1......of some interest to trace the history behind the framing of definition of 'worker' or 'workman' as given in clause (xxviii) of section 2 of the I.R.O. for finding out its evolution by stages. First, reference may be made to the definition of 'workman' as given in the Ind......ultimately led, according to him, to victimisation by the company. During the pendency of his case before the Labour Court in which he raised an industrial dispute, the company initiated two separate proceedings against him on some base-less charges it is alleged. In the first proceeding, the allega..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....Vs. Inspector of Police, Mayavaram & another, AIR 1949 Mad 307; Mohammad Abul Vs. Fakir Janan Begum, 49 JA 195; Gani Mia & other Vs. Wazid Ali, 39 CWN 882 s McEvoy Vs. The Belfast Banking Company Ltd., 1935 AC 24. Lawyers Involved: Khandoker,Mahbubuddini Ahmed with Md. Shafiqur Rah...... of the deposition of the witnesses. It is an evidence that P W.9. Shamsul Huda, husband of P.W.2 (Plaintiff No. 2) was present in the sitting where the heba was made. It is not unnatural that at one stage of the sitting the husband of the plaintiff No. 2 might have handled the document after these ...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
....le is made absolute.
Owner of abandoned property has no legal authority to transfer the property-
An abandoned property within the meaning of the Presidents Order No. 16 of 1972 means-
any property owned by any person who is not present in Bangladesh or whose whereabouts are not known......t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
......anged so much in the subsequent years from the situations prevailing in February, 1972 when the President's Order No. 16 of 1972 was promulgated that the Government has to be cautious to intimate proceeding under President's Order No. 16 of 1972. So as to take properties which were not aband..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....nd he was expecting recognition of his meritorious service by elevation to the Bench of the High Court Division but instead he was suddenly served with the impugned order of removal without assigning any reason.
3. The rule issued on his petition has been resisted by the Government by filling a......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
......service. When the case of termination was raised in Bihar Legislative Assembly the Chief Minister stated that the Munsif's service not being satisfactory the government first considered drawing a proceeding for removal from service but a termination of service was specifically provided for in th..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
.... so the relevant part of these rules maybe set out. 5. Sub-rule (3) of rule 14 of Order 41 of the Code reads: "It shall be in the discretion of the Appellate Court to make an order, at any stage of the appeal, whether on its own motion, or ex-parte, dispensing with service of such not......earing his learned exposition of the law on the question. 3. It is to be observed that the facts that are not in dispute and which have already been set out that require to be remembered at this stage are that service of notices on the non-appearing respondents was dispensed with on 30.5.73 und......appeal, whether on its own motion, or ex-parte, dispensing with service of such notice on any respondent who did not appear, either at the hearing in the Court whose decree is complained of or at any proceeding subsequent to the decree of that Court or on the legal representatives of any such r..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....ion that the Government could order a summery or full-dress enquiry for the purpose of satisfying themselves whetherthe prosecution was likely to end in conviction or not, it must be pointed out that any enquiry with regard to a matter which is subjudice is bound to interfere with the even and ordin......iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
...... the Chief Secretary, Government of Bihar, directed the Deputy Commissioner that the record of the case pending before the magistrate should be sent to the Government for examination and that further proceedings of the case should be stayed. The High Court, when moved in revision, by the complainant..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....ating to compromise. Order 23 Rule 3 of the Code deals with compromise. It reads as:- "Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect o......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ......te-For the Opposite party S. R. Pal and M.H. Khandker, Advocates- Amicus Curiae. Civil Revision No. 760 of 1967 Judgment Abdul Wadud Chowdbury J. - This Rule arises out of a proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act and is directed aga..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....icers and employees. But the Corporation has been following the Government Servants (Discipline and Appeal) Rules, 1976 in the cases of its officers and employees. This, however, has not been done by any statutory instrument or notification in the Gazette but by way of a working arrangement As such ...... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ......tion Report to the Police against them. The police after investigating the case submitted final report against the chowkidars. The Corporation suspected the petitioner also and drew up a departmental proceeding against him asking him to show because why disciplinary action would not be taken against..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
.... under suspension on charges of malpractices by an order of respondent No. 1 on 16-6-76 the petitioner was supplied with a charge-sheet (marked as Annexure "B" to the Petition) in which as many as five charges were framed against the petitioner. In the Charge-sheet charge No. 1 (b) relates.......
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
......r.
10. Asrarul Hossain the learned Advocate appearing on behalf of the petitioner argued that due to the non-compliance with the provision of Rule 5 (e) (i) (iii) and (v) of the Rules the entire proceeding has been vitiated and the order, of compulsory retirement has been passed without lawful ..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....y recommended by his superior officers and the proposal with all necessary papers was forwarded by the superintending Engineer on 19.10.74 but the papers went round from one office to another without any decision till he received the order dated 11.6.77 regretting the Government's inability to a......but haying regard to the facts and circumstances of the case there will be no order as to costs.
A.T.M. Afzal J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 339
......lity of taking a different view on the basis of the materials in the Government file could not be altogether ruled out. It is, therefore, difficult to see how in the facts of the case, a disciplinary proceedings with all its attendant formalities and uncertainties could be more beneficial or advanta..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....plication on November 24, 1978 with a prayer for treating his application dated August 29, 1974 as an application for review. 4. Respondent A.B. Khan filed a written objection completely denying any relationship between one of the Judges of this Court and the wife and the respondent as alleged ......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......riae. Civil Appeal No.9 of 1978. (From the Judgment and order dated 25-8-78 passed by the Appellate Division in Civil Appeal No.9 of 1978). Judgment Rahul Islam J.- This contempt proceedings started on a suo motu Rule issued by this Court against Abdus Sobhan, appellant in Civil..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
....1979) 306 ......on the assessees or other persons against whom action was proposed to be taken. Moreover, it appears that this ground was not agitated either before the appellate or the revisional authorities at any stage by the petitioners. The contention of the learned Counsel on this ground has, therefore, no su...... by such measurement; thirdly, that the penalty imposed was in excess of the powers conferred on the Assistant Collector of Customs under Section 182 of the Act; Fourthly, that the impugned proceedings are hit by section 198 of the Act as those were started about 2 years after th..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
....cision in the case of Dost Mohammad Vs. The State, 29 DLR 122 (Badrul Haider Chowdhury and Siddique Ahmed Chowdhury JJ.) does not apply in this case as the complaint in the said case did not disclose any offence coming within the mischief of the Special Powers Act and the Court held that the cogniza...... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
......kerganj and opposite party informant Khorshed Ali Bepari to show because why the impugned orders passed on 24-3-77 and 27-7-77 in Special Tribunal Case No. 68 of 1977, should not be set aside and the proceedings against the accused petitioners should not be quashed. The facts of the case, briefly st..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
.... of his own wrong. The decision on agreement has been taken that this Mill is to be released to its former Bangladeshi owners. No such decision had been revised, nor the Attorney General could locate any such power for revision in the statute. To claim that since no document has been executed the cl...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
...... whether a relief not sought by the petitioner could be granted by the Court and whether a writ for mandamus would lie for enforcement and in the event of non-compliance of such writ whether contempt proceeding could be initiated validly. The learned Attorney General has relied on the following pass..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)
....to get specific instances of various unfair and undesirable activities indulged in by the touts. Moreover, Section 36 of the Act clearly lays down that the passing of a resolution declaring any person to be a tout, by a majority of the members present at a meeting specially convened for th......ut having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ......strate who, on receipt of the same, directed the Sub-divisional Magistrate, Dacca to enquire into the matter. After enquiry, the Sub-Divisional Magistrate submitted his report on the basis of which a proceeding was started by the Additional District Magistrate. Both parties adduced oral and document..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
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