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Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....is 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 has 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 op formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” The l..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....e of time, and that where it is on record that Jasmat Sardar gave kabuliyat to the landlords as a borgadar before the preparation of the C.S. record and there is no other evidence that there had been any other agreement creating a tenancy in favor of Jasmat Sardar the C.S. record must be held to hav......ality after 1327 B.S. and the record of rights was finally published in 1925 corresponding to 1332 B.S. He has observed that "it is quite likely that the settlement operation actually began at a stage when the term of the barga lease did not expire. It is, therefore, clear borga has been mentio......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)
....taff Regulation. Contention of the appellants is that Regulation 12(ii) is not applicable to a permanent staff of the Bank, but, on the other hand, respondent's contention is that there is hardly any scope for advancing argument that Regulation 12(ii) is only applicable to an employee ......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. ......l from services. According to him an employee who has served the Bank satisfactorily for such a long period, his services cannot be terminated arbitrarily and even without drawing up a proceeding. The appellants acquired the right to continue in service so long their services were sat..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
....ing the legality of the order of dismissal on the ground that it was in contravention of rules, violative of constitutional provisions and mala fide and seeking a declaration that it was made without any lawful authority and of no legal effect.
3. The respondents entered appearance and conteste......r, the learned Advocate appeared for the petitioner while Mr. S.R. Paul, the learned Advocate appeared for the respondents. Mr. K.S. Nabi, the learned Advocate appeared for the petitioner at the last stage of the hearing. Respondent No. 1, it may be mentioned is the Council, respondent No. 2 is Chai......e, 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-sheet dated 15.3.77 and not in connection with the proceeding started o..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....trative order which cannot be interfered with by this Court. His next contention is that the government has got power under section 4A of the Emergency Requisition of Property Act to revise any order in connection with requisition or derequisition. 4. In support of the first contentio......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ......ule is made absolute. Derequisition of a Requisitioned land Once a land is de-requisitioned and its possession is restored to the owner there is no provision for retaking it thereafter. The proceeding as to requisition comes to an end with release of the property under section 8. ..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
....te what are exempted from the payment of Sales Tax are given under Section4 and he has referred to Clause (b) of Section 4 which are in the following terms:
“Notwithstanding anything contained in section 3, the tax shall not be payable on ... (b) goods imported by a li......rocess of a jute mills. The machineries needed for the industrial process, according to the learned Advocate, are those which are required for the purpose of creating an article from its raw material stage to the finished product.
7. Mr. Rafiqul Haque, the learned Advocate, on the other hand, a......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)
.... was not constituted with three members as required under section 35. Mr. Mahbub Hossain has relied upon sub-section (7) of this section to support his view. This is quoted below: “If any member of the Labour Court is absent from or is otherwise unable to attend any sitting of the Co......s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124. ......harge of the establishment has challenged this order of the Labour Court before us contending that the order is void ab initio since one of the two members of the Labour Court was absent from all the proceedings before that Court and that the Labour Court erroneously held that Sultan Ahmed, Meser Al..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....e resolution of the Board of Directors of M/S. Alauddin and Taiwa Textile Mills Ltd dated 18-8-77 in which the defendant No. 1 was alleged to have been elected as a Managing, Director of the said Company is illegal, mala fide, ultra vires and without jurisdiction, that the defendant No. 1 is not the......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 ...... found that the plaintiff having himself been elected by the resolution dated 13-3-72 in the Board of Directors which subsequently was ratified by the share-holders could not challenge the subsequent proceeding where, the Managing Director has been elected by the same Board of Directors. The fact re..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
...., 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 considering his second representation decided that the petitione...... 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 ......ave any relevance in the facts and circumstances of the instant case. In that case after cancellation of a notification of taking over an undertaking the Government's power to review and stay the proceeding relating to handing over the possession of the undertaking was challenged, Mr. Paul has, ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....n order shown in column 2 of the Fourth Schedule to the authority shown in column 3 and within the period shown in column 4 thereof, (2) Save as provided in this Act, no appeal shall lie against any order, decision or award passed In accordance with this Act, and every such order, decision or a......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 ...... Act, and every such order, decision or award shall be final, 135(1) The Provincial Government may gall for and examine the record of any enquiry or Inspection held or made under this Act of the proceeding of the Registrar or any person subordinate to him or acting on his authority, and may pas..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....Rules, 1976 which repealed the former during the pendency of the proceedings. Being aggrieved by the impugned order the petitioner sent a notice demanding justice from respondent No.1 but did not get any reply whereupon he moved this-Court and obtained the rule. 3. Mr. Sirajul Hoq, the learned ...... is formed by the authorities as to his guilt and that a definite opinion is formed when the authorities arrive at a provisional finding of guilt on the conclusion of the enquiry and that before that stage is reached no 'action is proposed to be taken". In support of this contention he has ......s an Assistant Manager of Government Acquired Estates and, by efficient discharge of his duties, as he alleged, he was promoted as Circle Officer of Revenue in 1967. On 27th July, 1976 a departmental proceeding was started against him under the Government Servants (Efficiency and Discipline) Rules, ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....ules, 1976 which repealed the former during the pendency of the proceedings. Being aggrieved by the impugned order the petitioner sent a notice demanding justice from respondent No. 1 but did not get any reply whereupon he moved this-Court and obtained the rule. 3. Mr. Sirajul Hoq, the learned ...... is formed by the authorities as to his guilt and that a definite opinion is formed when the authorities arrive at a provisional finding of guilt on the conclusion of the enquiry and that before that stage is reached no “action is proposed to be taken". In support of this contention he ha......s an Assistant Manager of Government Acquired Estates and, by efficient discharge of his duties, as he alleged, he was promoted as Circle Officer of Revenue in 1967. On 27th July, 1976 a departmental proceeding was started against him under the Government Servants (Efficiency and Discipline) Rules, ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....er job more than her children Moreover, for about a year now both the children were living more a or less a settled life with their father in Dacca without the mother and as such I find no reason nor any justification for unsettling and upsetting their settled lives by allowing interim custody to th......nterim custody passed by the learned District Judge. Be that as it may, since the main case is pending, it is neither desirable nor would it be proper for me to express any opinion either way at this stage. But, I am satisfied that the order of interim custody was unnecessary and unwarranted and as ......tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....necessity to gat this sale set aside by an appeal to the Commissioner. The sale was to be held on 20.6.55 according to the sale notice, but it was not held on that day; it was held on 22.6 55 without any reason having been shown for shifting the date. The learned Subordinate Judge observed that the ...... 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. ......stitution of the suit. It does not give any retrospective effect to the termination of the tenure from the date of sale. That is why it was clearly stated in the judgment: “The certificate proceeding however, could not effect annulment earlier than the date of its institution which was th..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....necessity to get this sale set aside by an appeal to the Commissioner. The sale was to be held on 20.6.55 according to the sale notice, but it was not held on that day; it was held on 22.6 55 without any reason having been shown for shifting the date. The learned Subordinate Judge observed that the ...... 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. ......stitution of the suit. It does not give any retrospective effect to the termination of the tenure from the date of sale. That is why it was clearly stated in the judgment: “The certificate proceeding however, could not effect annulment earlier than the date of its institution which was th..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....e exercise of its Ordinary Original Civil Jurisdiction.” Rule 14 of Appendix 7 of the Original Side Rules lays down as follows:- “Where an application is made on behalf of a company the verification of the petition or the affidavit as the case may be shall be affirmed by a dire......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ......ntiff. M. Fazlul Karim—for Chittagong Port Authority. Admiralty Suit No. 2 of 1977. In the matter of An application under Section 34 of the Arbitration Act, 1940 for stay of proceedings of the suit pending arbitration on behalf of the defendants No.1. 2 and 3. Judgment..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....dge shall have jurisdiction in granting and revoking probates and letters of administration in all case within his district. (2) Except in cases to which section 57 applies no court in any local area beyond the limits of the towns Calcutta, Madras and Bombay, shall, where the deceased......with the provisions of chapter VII of this part, or has exhibited under that Chapter an inventory or account which is untrue in material respect.” 4. We are not very much concerned at this stage on the question whether there is just cause for revocation or not. Section264 has an impo......p;363 reads follows: “The grant of probate for letters of administration may be revoked or annulled for just cause. Explanation-just cause shall be deemed to exist where- (a) The proceeding to obtain the grant were defective in substance, or (b) The grant was obtained fraud..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....act of the person for whom another person stands surely being convicted of a breach of the peace ought not to be sufficient to make the surety bond executed by the latter liable to forfeiture without any evidence taken in presence of the surety to show that the forfeiture has been cursed. The d......appearance of an accused person to show cause against forfeiture before recording order that the bond has been forfeited. It is also held, that sub-sections (1) and (2) of section 514 contemplate two stages. The 1st stage is for the Court to satisfy itself that a bond has been forfeited. If the bond......he provisions of Section 514(1) were substantially complied with and the High Court would not be justified in interfering in revision where there was no possible prejudice on the ground that the proceeding of the Sessions Judge under Section 514 were without jurisdiction as he had before him ne..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
....rted for drawing up proceedings under section 145 Cr.P.C. The learned Magistrate asked the R.C.O. (R), Kanaighat for a report regarding actual possession R.C.O. (R) Kanaighat did not submit any report by 3-7-75, but, the learned Sub-Divisional Magistrate on the basis of a report submitted ......e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......ng to reap paddy by force. Misc case No. 118 of 1975 arose out of the petition. The Sub- Divisional Magistrate referred the case to O/C, Kanaighat P.S. for inquiry, the police reported for drawing up proceedings under section 145 Cr.P.C. The learned Magistrate asked the R.C.O. (R), Kanaigh..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
....laintiff contended that till the filing of the suit he did not know when the other police verification was held 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 viol......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.
......e antecedents of an intending employee and may collect information from any source or cause any enquiry in that regard. The process of verifying antecedents of an employee cannot be called a punitive proceeding requiring the employer to give a reasonable opportunity to the employee for representing ..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
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