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Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
...., he has added. The question before us, therefore, is whether the L.A. Court in determining compensation of a land acquired under the T. I. Act when no Tribunal under that Act was constituted has got powers to direct payment of interest on the compensation assessed. 5. The land in this case was......l from Original Decree No. 262 of 1969. Judgment Shahabuddin Ahmed J.—This appeal is directed against an award dated 30. 11. 68 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Improvement Ac......profits from these trees for 20 years. In the instant case also the market value of the trees has been capitalized for 20 years. This is not permitted by law. The L. A. Court, however, did not specifically state the market value of the trees and the plants. It appears that market value of the big tr...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....n Special leave. It was urged before the Supreme Court that even if a second prosecution were competent on fresh comlaint; or on a fresh police report in respect of the same offence, there is no power in a Magistrate to revive the proceedings which came to an end by the passing of an order o......hman…………............Appellant Vs. The State................... Respondent Judgment July 13, 1977. Result: The appeal is dismissed. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala, 14 DLR (S.C.) 96; PLD 1962 (S.C.) 242; Ahwad Hossa......t Abdul Rahman and another named Amirullah. Being aggrieved thereby the appellant moved a petition before the High Court Division under Section 561A of the Code of Criminal Procedure (hereinafter called the Code) for quashing of the proceedings of the aforesaid G.R. Case on the ground that the......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....General, appearing for the respondents submitted with reference to Sub-Rule (2) of Rule 10 of the Government Servant's (Efficiency & Discipline) Rules, 1960 that government has been given the power to hold further enquiry against a government servant, and as such the case of the petitioners ......a, that the petitioner Mr., A. Khalilullah, formerly Sub-Overseer cum-Sectional Officer, Jhenidah Building Sub-Division, under Building Division, Jessore (1), while in service under the Building Directorate of the Government of Bangladesh, was given the charge of supervising the work of construction...... according to the specification in the contract the contractors were required to use department's bricks for the construction but in violation of the specification the Contractors actually used locally manufactured Punjab burnt bricks; and that the petitioner in preparing the bilks of the contra......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....sp;39 of the Code of Civil Procedure. 7. Learned Advocate appearing for the petitioners submitted that the Election Tribunal not being a civil Court, is not competent to exercise any of the powers provided under the Code of Civil Procedure for granting temporary injunction. As against this......on Tribunal Munsif Court Rajshahi and another……………..Respondents Judgment June 28, 1977. Result: The Rules are made absolute. Cases Referred to- Shamsul Huq Sikder Vs. Election Tribunal and others, 27 DLR 388; Masahiduddin Ahmed Vs......tion. 5. Writ Petition Nos. 201 of 1977 and 211 of 1977, explanations submitted by the Election Tribunals have been received by this Court. In both the explanations Election Tribunals have practically pleaded ignorance about the rulings of this Court, and begged to be excused. On perusal of the......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
....tely provisional which again was subject to approval of the BJMC and as such the same was no settlement within the meaning of Industrial Relations Ordinance. Secondly, whether the Labor Court had the power of granting injunction under Order 39, rule 1 and 2 C.P.C.
The power ......ury J.—This rule is directed against an order dated 16-8-73 passed by the Chairman of the Labor Court at Khulna, in IRO Case No.395 issuing temporary injunction restraining the petitioner from stopping payment of the bona fide granted to the workers on the basis of agreement dated 25-7-77 and ......rt (section 35). Present dispute was not raised as an industrial dispute and as such it cannot be termed as industrial dispute within the meaning of enactment. Nor the present agreement could be called settlement because settlement has been defined in clause (xxiv) of sec. 2 which pro......ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
....ssioner. Sub-section (1) of section 19 has provided for setting the question of a liability, by the Commissioner, to pay compensation. Section 23 of the said act, provided for the power and procedure of Commissioner and it vests the Commissioner with the power of a Civil Court un......No.76 of 1974. The respondent having been injured, filed a miscellaneous case under Workmen's Compensation Act for compensation and the Commissioner passed an award of compensation amounting to Tk. 8,400/- declaring that the employee was permanently disabled on 14-11-74. Out of the said amo......not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ......not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ubmissions of the learned Advocate Mr. Raisuddin Khan that the plaintiff-petitioner has been subjected to double jeopardy is of no avail. 9. It may further be mentioned that the Magistrate's power of the seizure of goods under section 51 of the Code of Criminal Procedure is elabor......77. Result: The Rule is discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Express Newspaper Ltd., 1919 Appeal Cases 3......verhampton the point was, that a company governed by the Company's clauses Consolidation Act, 8-9-vict. c16, had sued the defendant who was a subscriber and not a shareholder for recovery of some call money. The statute made the company competent to sue the share-holders for the call money, the ......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
.... stated in the petition that the detaining authority had invoked rule 2(e) of the Emergency Powers Rules in justification of passing of the order of detention which, however, does not confer any such power on such authority. It is stated further that the detention is not in accordance with law and t...... Karim,(1967)19 DLR (SC) 403; Liversidge Vs. Anderson; Government of West Pakistan Vs. Begum A. Karim, (1969) 21 D.L.R. (S.C.) page 1; Vimblabai Desphande (A.I.R. 1946 P. C. 123);Nakhuda Ali Vs. Jayanton (1951 A.C. 66);Overseas of Poor Vs. London Northwestern Railway; Saleha Begum Vs. Government of ......ce because the 'reasonable suspicion' of a Police Officer and the 'satisfaction' of the Government is at a par in case of consideration of the liberty of the subject when the court is called on to adjudicate the matter.
13. It is too late in the day now to canvass that the '......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....ntion that the Special Tribunal acted illegally in taking cognizance against the petitioner and submitted that in the facts and circumstances of the case the Special Tribunal could have exercised its power as provided in section 27(7) of the Special Powers Act, namely, directing the police......Anwarul Hague Chowdhury, Deputy Advocate-General—For Respondents No.2. Writ petition No. 248 of 1977. Judgment Ruhul Islam CJ.— This rule Nisi was issued with a view to examine the legality of the impugned order dated the 5th January, 1977 passed by the Additional S......al Powers Act the Court cannot exercise its jurisdiction beyond the scope of section 27 of the Special Powers Act. In that view also the impugned order is liable to be quashed and process recalled. 8. Before taking up for consideration the submissions made, by the learned, Advocate I ......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. .......—This rule arises out of an application for quashing the proceedings in C.R. case No. 98 of 1976 pending in the court of Sub-divisional Magistrate, Sadar, South, Barisal. 2. Facts leading to this rule, in brief, are that the petitioner was the proprietor of a firm named, M/s. Bangladesh ......uisition by the Deputy Commissioner on the ground that those have been supplied to some other person. Then again, the further allegation was that he misbehaved with the process-server who was sent to call Him and obstructed the government servant in discharging public functions which militated again......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....nbsp;13 of the Code of Civil Procedure. 4. Mr. Niazmuddin Haider, the learned Advocate appearing for the petitioner submits that Labor Court is a Civil Court because, it is clothed with the powers of the Civil Court under section 36 of the Industrial Relations Ordinance, 1969. Si......lip;Petitioner Vs. Chairman, Labour Court, Khulna and another……………….Respondents Judgment April 12, 1977. Result: Cases Referred to- M/s. M.M. Ispahani Vs. Chairman, Second Labor Court and another, (1967) 19 DLR 612; Banglad......as are necessary for the proceedings. An application under Order IX, rule 13 cannot be treated as a part of the same proceeding. Apart from that in the absence of any power conferred specifically upon the Labor Court for setting aside any ex parte order or award, the Labor Court is not com......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
....
The Rule is discharged.
Power to suspend employee employer-
The order of suspension by the Corporation against the employee does not suffer from any infirmity
An employer has the power to suspend temporarily an employee when the employee's conduct has been such as to demand .......Petitioner
Vs.
Bangladesh Jute Industries Corporation represented by its Chairman........Respondents
Judgment
April 11, 1977.
Result:
The Rule is discharged.
Power to suspend employee employer-
The order of suspension by the Corporation against the employee d......nd does not apply its mind to the allegation against the employee and does not indicate what action is proposed to be taken by the employer and keeps on the employee hanging in suspend the matter may call for scrutiny.
In the instant case the Corporation has found rightly or wrongly the allegat......
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....recited that the Pakistan Government had started an unjust war which led to the making of such declaration of independence. In this Proclamation, there is no reference to the existence or of the power of the superior courts. On the same day, Laws Continuance Enforcement Order, was made by th......ed by A. S. M. Shamsuzzaman, Advocate-on-Record- For the Appellant. Ismailuddin Sarkar, Advocate instructed by Abu Backkar, Advocate-on-Record- For the Respondent. K.A. Bakar, Attorney General with A. W Bhuiyan, Assistant General, instructed by A. Rab, Advocate-on-Record under......of the creation of the High Court of Bangladesh, but does not define its jurisdiction and power, and is completely silent as to the existence and power of the Supreme Court. 6. Chronologically, next, came the High Court of Bangladesh Order, 1972 (President's Order 5 of 1972), on 17th ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....d in the said case that once a Magistrate discharges the accused the whole of the authority granted by the Criminal Procedure Code in respect of the proceedings before hi is exhausted and he is not empowered to take any further action in the matter. A final order having been passed the proceedings a......llip;..Petitioners Vs. M. Baharuddin Chowdhury and the State.............Opposite Parties Judgment March 9, 1977. Result: The rule is made absolute. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another (1962) 14 DLR (SC) 96 Lawyers Invol......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
....peal or revision over, and reverting, modifying or confirming, the said order of inferior tribunal.
17. But a question has sometime arisen whether the inferior tribunal having the statutory power to correct or amend some error in its own order can exercise such power even if the matter had......pellant
Vs.
Commissioner of Income-tax, Dacca Zone and another……...Respondents
Judgment
March 4, 1977.
Result:
The appeal is dismissed.
Cases Referred to-
Late Rajeswar Prasad Vs. Income-tax Officer (1959) 36 I.T.R. 492; Karsandes Bhagwan Das Fat...... under section 35 of the Act, Even if there had been certain findings or computations made by the Income-tax Officer which were taken into account by him in making his final order but were not specifically set aside by the Appellate Assistant Commissioner such findings or computations did not indepe...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
.... under section 10 of the Act. 5. Mr. Sultan Hossain Khan, the learned Deputy Attorney General seriously Canvassed before us that Article 133 of the Constitution confers ample power upon the parliament to regulate by law the appointment and conditions of service of the person......t of the People's Republic of Bangladesh and others…………..Respondents Judgment February 9, 1977. Result: The rule is discharged. Cases Referred to- Shyamlal Vs. State of Uttar Pradesh and another A.J.R. 1954 S.C. 369.; Parshotam Lal Dhingr......e Constitution is not attracted. Therefore, question of violation of the protection as guaranteed under Article 135 does arise. In the affidavit filed by the respondents it has been categorically stated that the said departmental proceedings were not untimely proceeded with and for all pra......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
.... Bangladesh Public Servant's (Retirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pass laws regulating the terms and conditions of service. It is the inherent right of the P..........Respondents Judgment February 9, 1977. Result: The rule is discharged. Bangladesh Public Servant's (Retirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide powe......;of the Constitution is not attracted. Therefore, question of violation of the protection as guaranteed under Article135 does arise, in the affidavit filed by the respondents it has been categorically staled that the said departmental proceedings were not untimely proceeded with and for all pra......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....;ministrator or directing some other authority to take over the control and management of such industries or concerns by notification in the official gazette. Under clause (2) of the said Article all powers and duties of the Owners, Directors or Managers of the said concerns shall vest in the Govern......lip;………………………..…Respondents Judgment January 27, 1977. Result: This appeal is dismissed. Cases Referred to- M/s. Khan Bros. (1975) 27 DLR 423; M/s. Helal Jute Press Ltd. (1975) 27 DLR 551; Govt. of B......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......section 63 of the Partnership Act as to the reconstitution of the firm on the retirement of 3 aforesaid partners and the said fact had already been notified in the newspapers. Nevertheless, in a meeting of the management Board held on 20th January, 1972 a resolution was adopted stating that the..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....cultivating under-raiyat or a group of rent-receiver, cultivating raiyat or cultivating under-raiyats who has or have undertaken large scale farming on a co-operative basis or otherwise by the use of power driven mechanical appliances, or large scale dairy farming may, if he is or they are certified......owed. Lawyers Involved: Md. Fazlul Karim with S.S. Haldar and A.Y. Musiuzzaman, Advocates instructed by B.C. Pandey, Advocate-on-Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney General with Md. Ismailuddin Sarkar and B.B. Roy Chowdhury, Assistant Attorney General, instr......mendment) Ordinance, 1956 (E.B. Ord. No.III of 1956), or of any other law making any amendment in the said Act, or of the acquisition of any property made under any provision thereof is challenged or called in question shall abate, and all orders, including orders of injunction and other interlocuto......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
.... declared void being violative of the fundamental right of equality in respect of employment as ensured under Article 29 of the Constitution. It has also been argued that the respondents lead no power to review or revise their earlier order unilaterally as locus paeniiential was no longer avail......ioner Vs. Bangladesh & others ……………..Respondents Judgment December 6, 1976. Result: The rule is made absolute. Case Referred to- The State of Jammu and Kashmir Vs. Triloki Nath Khosa and others, AIR 1174 SC1; State of As......ndent No. 2. W.P. 571 of 1978 Judgment Abdur Rahman Chowdhury J.- Dr. Nurul Islam, Director and Professor of Medicine of the Institute of Post Graduate Medicine and Research, briefly called the IPGMR, obtained this Rule Nisi against the respondents to show cause why the Notification......ling to hold such a post, he solicited certain clarifications from the Government and also pointed out that the decision of the Govt. was contrary to the recommendations of WHO at its Alexendria meeting in 1966 and also those of Late Sir James Cameron (Annexure 'E' to the petition). Not..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
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