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Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
.... worker or work-man as given in section 2 of the Ordinance. He has contended that a worker after being dismissed or removed from service and his dismissal or removal from service not having any relation with any industrial dispute cases to be a worker for the purpose of any proceeding unde......s raised before the Labour Court; on the contrary, the application was contested and was disposed of on merits and as such the petitioner is debarred from raising the question of jurisdiction at this stage. Mr. Hossain on the other hand had contended that when the statute debars respondent No. 1 fro......d that a worker after being dismissed or removed from service and his dismissal or removal from service not having any relation with any industrial dispute cases to be a worker for the purpose of any proceeding under the Ordinance and as such he cannot file an application under section 34 ..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....r dated 24-11-77 contained in Annexure 'J' and Memo dated 8-11-77 contained to Annexure 'J' removing the petitioner from his service should not be declared to have been passed without any lawful authority and of no legal effect. 2. The petitioner joined his service in July, 1961......s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ......s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....osed of on 23.8.77. The decision on the preliminary objection as to the competency to the present application taken by Mr. Moazzem Hossain in our opinion would depend upon whether it is prohibited by any provision of the Code of Criminal Procedure or is repugnant to any Rule or practice or is contra......now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ...... is there fore doubtful whether the common law rule that successive application for a writ of habeas corpus can be maintained before different Judges of the High Court on the same grounds, applies to proceeding under s. 491, Criminal P.C. 11. The Allahabad High Court in the case of Mr. Hay..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....) 783; Ripon Press and Sugar Mill Co. Vs Goyal Chitti & others AIR 1932 P.C I; Barron Vs. Potter and Potter Vs. Barron", Ch. Div. 1914 (1), 895; Mahmudur Rahman and other Vs. Monipur Tea Company Ltd', (1968)20 D.L.R. 133; Punjab Ali Vs. Muharram Hosain (1977) 29 D.L.R, S.C. 185; C. Coop......eeking a declaration that she was the lawful owner of 2200 shares and that she was elected a Director of the Company. Respdt. No. 1 then proceeded to call a general meeting of the Company but at this stage the appellant filed a suit T.S. No. 259 of 1973 in the same Munsif Court, Dacca to protect his...... meetings which were called in pursuance of his undertakings before the Court. The first meeting was held on 29-9-73 but the petitioner did not co-operate with him; on the contrary, he obstructed the proceedings of the meeting insisting upon the presence of his brothers-in-law in the meeting who wer..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....00/-. It was further alleged that the petitioners on 16-6-76 took Tk. 15,000/-and again on 20-6-76 took Tk 3,000/-with the promise that they would deliver the goods shortly bat on 6-11-77 they denied any such payment. 3. On receipt of the complaint, the learned Sub-Divisional Magistrate examine...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ...... Criminal Revision No. 327 of 1978. Judgment A.T.M. Masud J. –This Rule was Issued calling upon the Deputy Commissioner, Chittagong and opposite party No. 1 to show cause why the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Divisional Magistrate, Sadar (North)..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....etary drawing a salary of Rs. 2500/- p.m. under the Government of Pakistan before he had defected, whereas he was a Dy. Secretary drawing a salary of Rs. 1940/-p.m. at that time, that he did not take any action against one Mr. Abdul Mannan, an officer under him who had drawn salary in excess of what......er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ......titioner from his post of Chairman, Bangladesh Tariff Commission to the post of Deputy Secretary; the order dated 13-3-76 placing the petitioner under suspension; and the order dated 1-6-76 drawing a proceeding against him on certain on charges under the Government Servants' (Efficiency & Di..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....arned Sessions Judge are illegal and liable to be set aside. It has been contended that the learned Magistrate by his order dated 11-2-74 dropped the proceeding for absence of the complainant without any finding that there had been no apprehension of the breach of peace, that mere absence of the com......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......bsp;145 Cr.P.C. and for restraining both the parties from entering into the land and for appointment of Receiver. 3. The learned Sub-Divisional Magistrate by his order dated 23-8-72 drew up proceeding under section 145 of the Code of Criminal Procedure. He restrained both the par..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....ion of the Court. A careful persual of section 13 of the Police Act leads us to think that it is purely a temporary measure designed to meet the ' urgent requirement of keeping peace at any place; In the passing of an Order u/s 13 of the Police Act ho decision regarding the q...... section 145 Cr.P.C. but under section 13 of the Police Act The District Magistrate did not draw any proceedings whatsoever under section 145 Cr.P.C. in this case. At no stage the District Magistrate passed any order under section 145 Cr. P.C. Therefore, by no...... Bhowmlck and others filed application before the District Magistrate not under section 145 Cr.P.C. but under section 13 of the Police Act The District Magistrate did not draw any proceedings whatsoever under section 145 Cr.P.C. in this case. At no stage the District Ma..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....ion of the Court. A careful persual of section 13 of the Police Act leads us to think that it is purely a temporary measure designed to meet the urgent requirement of keeping peace at any place; In the passing of an Order u/s 13 of the Police Act ho decision regarding the q...... section 145 Cr.P.C. but under section 13 of the Police Act The District Magistrate did not draw any proceedings whatsoever under section 145 Cr.P.C. in this case. At no stage the District Magistrate passed any order under section 145 Cr. P.C. Therefore, by no...... Bhowmlck and others filed application before the District Magistrate not under section 145 Cr.P.C. but under section 13 of the Police Act The District Magistrate did not draw any proceedings whatsoever under section 145 Cr.P.C. in this case. At no stage the District Ma..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
....;s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent for which the land was sold out i...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ......rsin Marwari and others, AIR 1938 Patna 197. it was held that the word 'summarily' occur ring in the latter portion of section 76(c) of the Transfer of Property Act implied that the proceedings for realisation of rent by nature, for instance, as in the case of a certificate proceed..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
.... and confiscation of his property was allegedly passed on the ground of acquisition of the property by corrupt means. 3. It was urged in the petition that the respondent was suspended without any show cause notice and after about a year, he was served with a notice issued by the First Screen......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......idence. They can, unlike Courts, obtain all information material for the points under enquiry from all sources and through all channels without being fettered by rules and procedure which govern proceedings in Court. The only obligation which the law casts on them is that they should not act on..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
.... preliminary decree was lawfully granted by a Court. 4. Mr. M.A. Sattar, the learned Advocate appearing for the opposite parties has pressed his contention that long lapse of time and absence of any action on the part of the person effected by the order dated 16.4.31 rendered the preliminary de......pplication was made after a long lapse of 43 years. The learned Munsif, however, noticed an order dated 16.4.31 striking off the suit for non-compliance of certain order of the Court. 2. At this stage there is no dispute that one Mariam Bibi instituted Title Suit No. 788 of 1929 in the 2nd Cour......ere has been delay in producing the commissioned fee. Keeping the above principles in view, it is evident that the learned Munsif failed to exercise jurisdiction vested in him in not allowing further proceeding of the said partition suit, the object whereof is attainment of final decree through Cour..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
.... brother and it is not necessary to go into those, section 510 of the Code of Criminal Procedure reads as follows:- “510. Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to the Government, upon any matter or thing dul......urther, there being no evidence on record that the viscera forwarded by P.W. 14 is the same examined by P.W. 13 earlier, prosecution has failed to identify the viscera of the deceased at all material stages and has furnished a disjointed, disrupted and incomplete history of the transmission of the v......rt under the hand of any Chemical Examiner or Assistant Chemical Examiner to the Government, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under the Code, may be used as evidence in any inquiry, trial or other proceeding.”..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....were submitted on behalf of respondent No. 6. The petitioner took an objection before the Returning Officer stating that respondent No. 6, being subject to military law, is debarred from seeking any election but his objection was overruled on the strength of an amendment brought about by the Go......tion was not produced before the Returning Officer, Respondant No.1, when the petitioner had raised his objection and that this Amended Proclamation might have been brought about at a subsequent stage. But in view of the Bangladesh Gazette Extra Ordinary published by the Authority on 29-4-......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....d against an order of conviction passed in Martial Law Case No. 6 of 1977 by Special Martial Law Court No. II, Dacca sentencing the accused to death for declaring the same to have been passed without any lawful authority and is of no legal effect and for directing the respondents not to execute the ......n his sessions division, be a Special Tribunal for the trial of offences triable under this Act. Sub-section (3) provides that a Special Tribunal consisting of the Sessions Judge may transfer, at any stage of the trial, any case from one Special Tribunal to another Special Tribunal within his sessio......h other or further order or orders passed as to this Court may seem fit and proper. This rule was issued on 14-4-1978 and it has been fixed for hearing on 27-4-1978. 2. Facts giving rise to this proceeding are as follows: on 31-1-76 one Rahim Aktar Khatun lodged a petition of complaint before t..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....s for. It runs as follows: “(1) Any person aggrieved by an entry or omission of entry in the recorder rights prepared or revised and finally published under Chapter IV may, notwithstanding anything contained elsewhere in this Act, file an application along with necessary requisites, for t...... “Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and t...... B. Rahman-For Opposite parties. Civil Revision No. 445 and 446 of 1975 Judgment Ranadhir Sen J.- These two Rules are directed against two orders of the learned Munsif in two different proceeding under section 143A of the State Acquisition and Tenancy Act. The learned Munsif..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
.... the order fell within the category of a decree, having ad judicated and determined the rights of the parties. But order under section 8B (3) Court Fees Act did not adjudicate and determine any right between the parties…. (7 & 9) Cases Referred to- S.M. Jamiran Khatoon......insufficiently stamped-planer, the Court shall direct payment of deficit Court fees within a specified time and in case of default shall make an order for rejection of the plaint. As such this is the stage prior to any notice or summons of the suit or appeal being given to the defendant or responden......ce or summons of the suit or appeal being given to the defendant or respondent. As such the stage for such an order under section 6(2) is the preliminary stage i.e. prior to any step in the proceeding of the suit or appeal by issuance of summons or notice in the matter of suit or of the ap..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....niversity of Dacca for the academic year 1973-74. Admittedly, the syllabus for the said Master's Degree consisted of 8 papers and the 8th paper was as follows: VIII(A) In-service training in any approved Library for the minimum period of one month 75 (B) Viva voce examination 25" ......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......g, we should refrain from exercising our discretionary jurisdiction in granting the declaration sought for. 14. There is another reason why, we think the petitioner cannot get any relief in this proceeding. Article 102 of the Constitution provides for granting relief in personem; but ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....laintiffs and on the following day the defendant petitioner filed an application under Order 7 rule 11 of the Code for rejection of the plaint on the ground that the plaint did not disclose any cause of action. Thereafter, on 8-11-77 two applications were filed, one by Mariam Khatun claimi...... No. 117 of 1975 wherein the right, title and possession of Mariam' Khatun was admitted by the plaintiffs. Order 6 rule 17 of the Code reads as follows: “The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on su......975 wherein the right, title and possession of Mariam' Khatun was admitted by the plaintiffs. Order 6 rule 17 of the Code reads as follows: “The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as m..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)
....s point has been settled by the decision In. the case of Mr. Ishaque Chowdhury Vs. Noor Mohal Begum, (1961) 13 DLR (SC) 138. It was noted that in 13 DLR. (SC) the Supreme Court did not appear to take any exception to the order of attachment passed Immediately after the preliminary order and in that ...... the proviso which hat been appended to the 4th sub-section the case is one of emergency. It is argued that necessarily the Magistrate has to take this step of attachment only after the compliance of stage that is contemplated in sub-section (3) that means after the copy of the order has been served...... 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 up formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” 2. Th..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
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