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Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....n the case the railway clerk was removed from service by Railway Administration. He filed a suit and got a declaration that the order of his dismissal was illegal and that still he was in service. He claimed his salaries for the period covering from his order of dismissal to his reinstatement. The o......ur and another, AIR 1956 Rajasthan 145; Ganeshi Ram Vs. District Magistrate and another , 1962 P.L.C. 1021. Lawyars Involved: Mozammal Huq—For Petitioner (In C.R. No. 1423 of 1970 and for opposite party (In C.R, No. 811 of 1968) Ranadhir Sen—Dy. Attorney-General—For ......e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....o; The Ministry of Industries (Industries Division) Government of Bangladesh by their letter No. IR-XV-23/72/449 Dated 15. 8.73 asked the petitioner No.1" to submit papers in respect of his claim for ownership of the unit in question along with his nationality certificate immediately."......bsp; On receipt of information to that Government bound to restore the property. If on some sort of information the ......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
....gligence of Defendant No.2, the C. I. Sheet which fell from the scaffolding inside the Assembly Hall and caused injuries was loose and unfastened at the time of the occurrence. The plaintiff laid his claim for damages and compensation in respect of various items of injuries at a total sum of Tk. 2 l......he was on his normal inspection duty after the college hours as the Programme Officer on 5. 8. 58, he was seriously injured by the fall of a huge C.I. Sheet which suddenly fell on him with a terrific force from the scaffolding at the top of the Assembly Hall of the College. He was immediately remove...... No. 1.
Ismailuddin Sarker, Asstt. Attorney-General - For Respondent No. 2
F.A. No. 95 of 1965.
Judgment
D.C. Bhattacharya J. - This appeal by the defendant is directed against a money decree amounting to Taka 63,000/- passed in favor of the plaintiff who was the Principal of Da..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....and Messrs. Gadit Industries, who formed themselves into Societies registered under the Cooperative Society Act, 1940. The impugned Order i.e. the Notification which according to the petitioners' claim, affected them is as follows:-
“Government of the People's Republic of Banglade......a Government Controlled Organization. The petitioners in these 2 petitions are no other than a body of workers of the respective mills, namely; Eastern Hosiery Mills and Messrs. Gadit Industries, who formed themselves into Societies registered under the Cooperative Society Act, 1940. The impugned Or......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
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Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....aper signed by him. The respondent No. 2 prayed for recovery of the property in question. 3. The petitioner filed a written objection wherein he stated that the respondent No. 2 had given up the claim to the said premises and granted him receipt therefor and had filed a petition in the Court of......ion in his favor. The said Kunja Mohan Dev is no other than the father of the respondent No. 2, Anil Chandra Dev, who filed an application to the S. D. O. (N) Chittagong, alleging that the petitioner forcibly turned him out of the shop on 22.9.71 with the help of some military personnel. The petitio......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
.... against the Province of Bengal and others. The subject-matter of this litigation is a newly formed char measuring more or less 700 acres thrown up by a tributary of the Meghna at Bhola and the rival claimants are the plaintiffs and the co-plaintiffs who have been subsequently added as such on the o......ince of East Pakistan, which was defendant No. 1 in the suit. 2. The plaintiff respondents brought this suit being Title Suit No. 42 of 1943 in the Second Court of Subordinate Judge at Bakerganj for a declaration of title and recovery of khas possession and for mesne profits as well as for a pe......own by law and the said reliefs may be granted in favor of such a plaintiff. It is only in exceptional circumstances that there can be a decree in favor of a defendant. As for instances in a suit for money, a defendant may be allowed to put in a claim according to law on payment of Court fees, by a ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....Emperor 41 C.L.J. 439. and Jagrup Saha Vs. Ramand Saha I. L.R 39 Allahabad 635. The legal validity of the sale certificate and the delivery of possession having been lost the auction-purchaser cannot claim to have a legal title or a lawful possession. The court is at liberty to restore parties, to s......put to auction sale on 1.8.70. Syed Maksud Ahmed the petitioner is the auction-purchaser. Judgment-Debtor Basu filed an application under Order 21 rule 90 of Civil Procedure Code on 29.8.70 for setting aside sale. It was registered as Misc. Case No. 354 of 1970. It may be noted that the ju...... No. 1,2 of 1972 is involved, and which is a question of general importance. 2. Facts concerning the Revisional Case briefly stated are that National Bank of Pakistan, as it then was, obtained a money decree against the judgment-debtor, Sunil Kumar Basu on 12-9-62. The decree was put into execu..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....laintiff amongst others as for declaration that the certificate case No.23 I.T. of 1951-52 was illegal, ultra vires, without jurisdiction and void, and the plaintiff Trust is not liable for any money claimed under the said certificate or any certificate for the realization of the said amount. There ......ith defendant. No. 8 and 9 as also restraining the defendants 8 and 9 from making any payment to defendants 1-7.” 2. The Trial Court was of the view that the suit, in substance, was a suit for possession of property and he also held that the prayer for declaration and for injunction was n...... the plaintiff amongst others as for declaration that the certificate case No.23 I.T. of 1951-52 was illegal, ultra vires, without jurisdiction and void, and the plaintiff Trust is not liable for any money claimed under the said certificate or any certificate for the realization of the said amount. ..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....g in possession on his own account till dispossessed by the auction purchaser Uttama Devi was not the Judgment-debtor, in R. Ex. 65/59 in which the property was sold for a nominal sum. The Respondent claimed restoration of possession under Order 21 Rule 100 C.P.C. 3. Auction-purchaser resisted ......ugh Court and dispossessed the Respondent, Obaidul Huq on 29-7-61. It was alleged that Ramjan was a benamdar of the landlord-decree holders. The holding belonged to Uttama Sundari Devi who had left for India. There was an agreement of sale between her and Respondent Abdul Azim who was in possess......out jurisdiction. A clear case was made on before it that Azim entered into an agreement of purchase with Uttama Devi while he was a tenant in possession and he made part payment of the consideration money. In part, performance of the contract he continued in possession. While he was in possession, ..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....rgency Requisition of property Act 1948 was illegal and ultra vires and that the demolition of the structure constructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa from the defendant Government. There w...... D.C. Bhattacharya J. - This appeal is at the instance of the Plaintiff and directed against a decree dismissing his suit. The Plaintiff brought a suit against the Province of East Pakistan for a declaration that the requisition of C. S. Plot No. 992 of Mouza Dhanmondi on or about 19.4.57 ......t Bengal Emergency Requisition of property Act 1948 was illegal and ultra vires and that the demolition of the structure constructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa from the defendant Governm..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....sed a loss to the plaintiff company to the extent of Tk. 10 197/5/- by way of compensation for illegal and wrongful taking of the said money together with charges amounting to Tk. 802/11 /- The total claim thus was laid at Tk. 11.000/-. 4. The defendant, erstwhile Government of East Bengal file......ppellant Vs. M/s. Lucky Biri Company.................................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; Pres......ash;This appeal is by the erstwhile Province of East Pakistan from the judgment and decree passed by the learned Subordinate Judge, Rangpur in Money Suit No. 5 of 1955. 2. The respondent filed a money suit against the erstwhile Province of East Bengal. In the plaint filed by the plaintiff respo..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....brother in a murder case and P.W. Anwarullah has admitted that, accused Kasem filed a murder case against him, his father and brother. It is, therefore, clearly established that these 5 witnesses who claim to have seen the accused on the spot have got enmity with accused Kashem Dewan. The evidence o......n and Mafu alias Mafizuddin Oazi have been convicted by Mr. H. M. R. Siddique, Sessions Judge, Comilla, by his order dated 25-4-70 under section 302/34 B.P.C and sentenced to transportation for life, for murdering one Hasan Ali Chowkidar. 2. The prosecution case is that Hasan Ali Chow......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
....as to the amount of money which was advanced by the Bank to the plaintiff. The only dispute which the plaintiff raised in both the suits to his liability to the Bank was with regard to the Bank's claim of, compound interest, but, in view of the documentary evidence adduced in the case, the Trial......h Court of the Subordinate Judge, Dacca in Title Suit' No.7 of 1960, which the Appellant brought against the East Pakistan Provincial Cooperative Bank Limited (hereafter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the payment of the mo......ht against the East Pakistan Provincial Cooperative Bank Limited (hereafter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the payment of the money taken by the appellant as a loan from the said. Bank was void, illegal and without jurisdictio..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....the Government of the People's Republic of Bangladesh. Facts as they have emerged from the petition and the counter-affidavit and affidavit in reply, revealed a few things which, as has been claimed by the petitioner, tend to undermine the very basis of the action of the detaining authority......er this Rule was issued calling upon the Deputy Commissioner, Dacca to show cause why the petitioner who is alleged to be illegally and improperly detained in jail should not be produced or brought before the Court to be dealt with in accordance with law or set at liberty. 2. The facts of the c......cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
....:—Where the defendant appears and the plaintiff does not appear when the suit in called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim, or part thereof, in which case the court shall pass a decree against the defendant upon such ......yers Involved: Fazlul Karim—For the petitioner. An application under section 115 (1) of the Civil Procedure. Judgment Mohammed Habibur Rahman J.—This is an application for issuing rule upon pre-emptor opposite party No.1 Zahir. Ahmed. Shah to show cause as to why the ......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
....ers) Act, 1965 (hereinafter referred to as the "Standing Orders Act") to the respondent company stating that they are governed by the provisions of the Shops and Establishment Act, 1965. He claimed that according to section 4 of this Act he will be allowed one and half days "...... the Shops and Establishment Act, 1965. He claimed that according to section 4 of this Act he will be allowed one and half days "consecutive holidays with full wages in a week. He therefore called upon the respondent company to revise the working hours in accordance with the aforesaid...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......Code of Civil Procedure against an order of rejection of an application filed by the petitioners under section 151 read with section 148 of the Code of the Civil procedure praying for vacating an order of dismissal of a suit for specific performance of contract. The petitioners f...... plaintiffs as directed in the said order in consequence whereof the default order became operative. The following order was then passed by the court on 19-4-67:- “Balance of consideration money of Rs. 75/- not deposited within the prescribed time. Hence the suit is dismissed as per order..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
.... 1972 (hereinafter referred to as P.O. 13/72). 4. From what has been stated above, it is obvious that a dispute over the title of this property has been going between the parties. The petitioner claims his title to the property in pursuance of a contract for sale on the basis of which he obtain...... 1. Additional 'District Judge, 1st Court, Dacca, Chairman, Special Tribunal under P.O. No. 13 of 1972. 2. Md. Shamsuddoula, son of late Haji Abdus Sattar, Ministry of Information, Dacca…………………………&hel......is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
....esaid kabala and also paid rents to Government. Defendant No.1, Narendra Nath Pal, son-in-law of Profulla filed an objection under section 19(1) of the East Bengal State Acquisition and Tenancy Act claiming title and possession on the basis of an alleged patta dated 11-10-52 from Profulla. The s...... 1973. Result: The Rule is discharged. Lawyers Involved: M. Behtar Ali, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Special Leave to Appeal No.21-D of 1971. Judgment AM Sayem CJ. - This Petition for Sp......in the suit land to Sarat Sashi Devi by a registered kabala dated 9-7-28 for a consideration of Rs.600/- and put her in possession thereof. The mortgage debt was satisfied out of the consideration money of the kabala. Sarat Shashi got her name mutated in the landlord's office. She also paid rent..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....the agreement Exhibit 2 held that the right of reconveyance was not limited with the vendor only, and the right was assignable. With regard to the fresh agreement between the vendor and the vendee as claimed by the principal defendant the learned Munsif did not accept the same. In appeal by the prin...... M. A. Rouf-For the Respondent No one -For the Deputy Registrar. Appeal from Appellate Decree No. 1188 of 1965 Judgment Ruhul Islam J.- This appeal is by a defendant in an action for specific performance of contract. Plaintiff-respondents 1 and 2 instituted the O.C. Suit No. 52/......50/- and on the same date an agreement was concluded between the parties to the effect that the principal defendant would reconvey the suit land to the pro-defendant on repayment of the consideration money within 1376 B.S. This agreement was duly registered. Thereafter the vendors sold the suit land..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
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