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Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....hat Bangladesh Constitution envisages a State, whose fundamental aim is to realise through the democratic process a society, free from exploitation society in which the Rule of Law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all ci...... lawful authority and when a person is serving out an order of sentence passed by a Court or tribunal, the jurisdictional validity of that order could be looked at. When such a question is agitated before the Court, the Court is first to see the provisions of the law as well as the provisions of the...... jurisdiction over a military prisoner's application for Habeas Corpus, bars such Courts from granting a writ of Habeas Corpus to a military prisoner, when a military decision has dealt fully and fairly with all allegations raised in the Habeas Corpus application. It was further held that a Fede......in Belgium contrary to Belgian Law, and his arrest was not in compliance with the provisions of Section 154 of the Army Act It was also contended that, the delay in ringing the applicant to trial was oppressive. It was held that, if a person is arrested abroad and is brought before a Court..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
....has also submitted that plying of the vessels by a wrong route and running around the vessels constituted a serious misconduct and in the facts and circumstances of the case the respondents have been rightly dismissed from service.
4. Mr. A.R. Yusuf has submitted that the Labour Court having ac......d constitute misconduct—
If the omission and negligence of the employee is of serious nature then a single act of neglect of work would constitute misconduct.
In the instant case the aforesaid single act of neglect in plying the vessel during the night and in a foggy condition of wea......s.
2. The petitioners contested the said applications before the Labour Court and filed a written statement contending inter alia that the petitioners had been dismissed lawfully after holding a fair and proper enquiry into allegations against them and that there had been no violation of the pr....... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
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Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....e same land by ante-dating the kabala showing that it had been executed earlier than the appellant's kabala. Execution of the subsequent kabala shows her intention to deprive the appellant of his right already acquired by his kabala which was found to be genuine. "Forgery" means making...... Appeal is allowed Penal Code (XLV of 1860), Section 464 Forgery Anti-dating of a Kabala to show that it was executed earlier to defraud the holder of the earlier Kabala amounts to forgery. Lawyers Involved: M. Golam Rabbani, Advocate, instructed by B.C. Panday, Adv......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......appeal by special leave is from an Order of acquittal passed by a Single Judge of the High Court Division on April 12, 1979 in Criminal Appeal No. 48 of 1979. 2. Accused -respondents were put on trial before the Sessions Judge. Bogra, to answer a charge under Section 467 read with Sec..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......াকে ফেরৎ কবলা দলিল রেজিষ্ট্রি করিয়া দিব”।.........(4) In the instant case the general expression with regard to the time for payment of consideration for the reconveyance, within 4 (four) years, 'appears to be in conf......n Ahmed, Advocate Vs. Registrar, High Court East Pakistan, reported in 19 D.L.R. (SC) 483 it was held that "Meaning must be given to every word in a statute reading its provision as a whole in a fair and impartial manner in the ordinary and general sense". In A. G. Maline Vs. the State, 19......of reconveyance inserted as 30th Kartick instead of 30th Bhadra 1374 B. S. in collusion with the deed-writer: and that the consideration money was not tendered within the stipulated time. 3. The trial court decreed the suit holding that the defendant executed the conveyance voluntarily and that..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....he purchaser was restrained from encashing the performance guarantee. The Appellant Division held as follows:- 4. (1) The buyer requires the seller to furnish performance guarantee with absolute right to the buyer to forefeet it and encash the same in case the seller fails to fulfill the contra......ellip;Respondents Judgment June 30, 1981 Result: The Appeal is dismissed. Bank is unconditionally bound to make pay the amount on demand Bank guaranteeing satifactory performance of contract by seller. Seller defaulted in delivering goods within stipulated time. Purchas...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ......fened this appeal. 2. Mr. Asrarul Hossain, learned Advocate for the appellant has assailed the judgment of the learned Subordinate Judge on several grounds. The learned Advocate submits that the trial Court has failed to appreciate the evidence adduced by the contesting defendant and has commit..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ...... June 25, 1981 Result: Appeal is allowed. Banking Companies Ordinance (LVII of 1962), Section 62 Banking Companies Ordinance - Winding up order made— A matter pending before the High Court Division or Appellate Division on appeal cannot be transferred to the Company Ju......irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ...... Shahabuddin Ahmed J.— The High Court Division by an order dated April 22, 1975 passed in Second Appeal No. 164 of 1965 set aside the concurrent judgments of the lower appellate court and the trial court in a suit for declaration of title and possession and transferred the case to the Compan..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......e Summary Military Court in respect of the sentence of fine in accordance with the procedure laid down under the Code of Criminal Procedure……(5) Lawyers Involved: M. A. Rashid for B. B. Roy Chowdhury—For the Appellant. Mazzem Hossain, Deputy Attorney General—......of the argument, the learned Counsel for the appellant has produced before us a copy of the General Order of Amnesty contained in Order No.11 -Min-HJ(I) dated 18.1.72 issued by the Ministry of Home Affairs, Government of Bangladesh. The learned Counsel has drawn our attention to paragraph (d) of the......y issued by the government covered the sentence of fine as well and as such the appellant was not liable for the fine. The learned Deputy Attorney General has. however, argued with reference to the Matrial Law Regulation No. 2 (c) that the Summary Military Courts established under the Martial Law Re..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
.... hold any political views........” Art 38(2) of the schedule, the first statutes of the University provide that "the terms of the contract shall be determined without prejudice to the right of the employee concerned to hold political view........" Reading these two provisions to......nts inimical to the liberation struggle or creation of Bangladesh. Three definite concepts have been introduced in clause (b). It will be absurd that while collaboration will be offensive if it is performed in the exercise of powers or in the discharge, of duties but conduct or activities exhibiting......ivision to be conjunctive and the interpretation has become stare decisis……………. (34) It is well settled that if the enactment is expressed in language which is fairly capable of either interpretation, it ought to be construed as prospective only, specially whe...... 27). In paragraph 24, it is mentioned that the Screening Board in spite of full knowledge of the identical allegations brought against the petitioner in the Special Tribunal case, proceeded with the trial of the case despite the timely objection filed by the petitioner both orally and in writing an..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....ccasion to observetion the effect of the property becoming enemy property and the relevant passage may be quoted. "Upon a true construction of the laws aforesaid, we get, that all rights in such property vest in the Government of Bangladesh and the title of the owner of the prope...... K. Hossain CJ. - The question involved in this appeal is whether the learned Judges of the High Court Division were correct in dismissing the suit brought by the predecessor of the appellants for the grant of Letters of Administration on the ground that the property in question being an enem......ee under the will became eclipsed and must remain suspended so long the enemy character of the property, which has now been transformed into vested property, shall continue So long as this state of affairs continue, the plaintiff cannot get any relief, but then since she title has become eclips......dministration and the moot question raised on behalf of the Enemy Property Authority was that in view of the notification of 3rd December, 1965 the Letters of Administration could not be granted. The trial Court found the will genuine and granted Letters of Administration. On appeal a Division Bench..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
.... begin from the date of the final decree in second appeal and not from the date of the decree of the first appellate Court reversing that of the Court of the first instance. In other words, "the right to apply" for restitution as referred to in Art. 181 accrues on "the date of the fin......ers………… ................Respondent Judgment November 26, 1980 Result: The appeal is dismissed. Restitution application is not an application for execution of a decree An application for restitution is an independent application, no...... part thereof as has been varied or reversed. Nor indeed does this duty or jurisdiction arise merely under the said section. It is inherent in the general jurisdiction of the Court to act rightly and fairly according to the circumstances towards all parties involved". This decision al......s under Art. 181 from the date of the final decree when appeal is preferred from appeallate decree of reversal and not from the date of the decree of first appellate Court reversing the decree of the trial Court-Limitation Act (IX of 1908), Art. 181 In a case where second appeal is filed challe..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....hed that the plaintiffs have succeeded m proving the relationship of landlord and tenant. He, however, proceeded to examine the basis of paramount title of the plaintiffs, which the learned judge has rightly reversed. There is enough materials on record to hold that the relationship of landlord......p;……………..Respondents Judgment November 26, 1980 Result: The appeal is dismissed. Small Cause Court Suit Respondents filed S.C.C. suit for eviction of appellants from suit premises claiming title to the premises on the basis of a decre......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ...... the deposit of rent with Rent-Controller. Several issues were framed and the important one being the relationship of landlord and tenant between the plaintiffs, and principal defendants 1 and 2. The trial Court on the question of jurisdiction and the value of the suit found that, the defence c..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
.... 205B of the Code and then send the case to the Court of Sessions under new section 205C and to do all that he is required to do under that section. 10. The learned Additional Sessions Judge has rightly set aside order of the learned Magistrate and directed him to send the case to the Cour......et in Crl. Motion No. 9/111/79 setting aside an order of a Magistrate, 1st Class of Sunamganj passed on 29-6-79 in C.R. Case No. 769 of 1976 and directing him to send the case to the Court of Session for trial. 2. On a First Information Report lodged by the petitioner No. 1 Abdul Bari on 29-3-7......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......n Crl. Motion No. 9/111/79 setting aside an order of a Magistrate, 1st Class of Sunamganj passed on 29-6-79 in C.R. Case No. 769 of 1976 and directing him to send the case to the Court of Session for trial. 2. On a First Information Report lodged by the petitioner No. 1 Abdul Bari on 29-3-76 at..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......the law. This is not legally tenable as a power of attorney executed in terms of Registration Act or under other provisions of law which confers s valid power on the attorney to act as an agent for the principal does not require registration except that its authentication under the law is......rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ...... the Kabala Ext. 3(e), and the power of attorney Ext.4 on the basis of which the Kabala was granted, did not confer legal title to the plaintiff. The first appellate Court reversed the finding of the trial Court but on the legality of the document both the first appellate Court and the High Court Di..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... compensation. 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) 56 ......-For the Opposite Party No.1. Civil Revision 1472 of 1979 Judgment Md. Altaf Hossain J. - The application under section 115 of the Code of Civil Procedure arises out of an application for preemption under Section 24 of the Non-Agricultural Tenancy Act, 1949 (Act XXIII of 1949) and is...... compensation. 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) 56 ......as also an established lawyer and Chairman of Bogra Municipality and that it was difficult to believe that a lady of her status could not have the means of purhasing land worth Tk. 12, 000/ only. The trial Court held that on the face of the recitals of the documents Ext. 1 (a) it did not lie in the ..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....lds the property under certain terms. So also the Bank in the seller's country. In this view of the matter, Mr. Asrarul Hossain, the learned Advocate appearing for defendant No. 2 Sonali Bank has rightly contended that ownership of the property in the letters of credit rests with the persons var......l No. 822 of 1980 Ranadhir Sen J. - This Rule, at the instance of the plaintiff, is directed against the order dated 16-6-80 of the learned Subordinate Judge, refusing the plaintiff's prayer for attachment before judgment under Order 38, rule 5 of the Code of Civil Procedure. 2. P......tioner has instituted the above-mentioned money suit for realisation of unpaid price against the defendant No.1, to the tune of Tk. 3,27,02,361/61. 2. That the plaintiff-petitioner has very fair chance of success and obtaining decree for the said amount of Tk.3,27,02,361/61 against the def...... 17. On a perusal of the application for addition of parties we are not inclined to allow the prayer at this stage. The plaintiff, if necessary, may file an appropriate application before the trial Court for addition of the proposed parties. The application is accordingly rejected. ..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......am Chowdhury J.— This Rule was directed against the order dated 19-11-79 passed by Mr. H. Hoque, Subordinate Judge, 3rd Court, Dacca in T.S. No. 152 of 1973 allowing plaintiff's prayer for amendment of the plaint. 2. Facts giving rise to the present rule are as follows: That......rious tests. While it is re-cognised that in order to avoid multiplicity of suits and to enable the final determination of all questions arising in the litigation the rule should be administered in a fairly liberal manner, it has at the same time been emphatically laid down that under the guise of a......e instant revisional application before us is maintainable and competent. 10. Mr. Rafiqul Huq, the learned Advocate appearing for the petitioners submitted that the amendment allowed by the trial Court has changed the nature and character of the suit, As such the impugned order of the lear..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....at case the applicant will have to come to Court well within the period of limitation so that the direction given by the Court may be complied with before expiry of the limitation. The Full Bench has rightly observed that this in some cases may have the effect of punishing the applicant. Legislature......nd the period of limitation giving direction—Compliance with the Court's direction within the time fixed by Court—Application to set aside the decree maintainable. Applicant for setting aside ex parte S.C.C. decree may deposit the decretal amount or furnish the requisite se......of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ...... case on 10.1.74. In revision at the instance of the respondent the learned Single Judge of the High Court by his judgment dated June 10, 1977 set aside the order of the S.C.C. Judge and directed the trial Court to accept the security bond and to proceed with the Miscellaneous Case according to law...Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....te of default. So, he dismissed the execution case. On appeal the Court of appeal below held that the executing Court was wrong in going behind the decree and the Munsif as executing Court had DO right to sit upon the order of the trial Court and to give his own finding on the validity or the ......d Single Judge of the High Court Division correctly held that the executing Court can go behind the decree to see whether the extension of time granted to deposit the balance consideration money for the passing of a decree for specific performance of contract where there was an earlier defau......he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ......as set aside on 30-6-72 and the decree was sealed and signed on 7-12-72. Thereafter the decree was put into execution and the defendent judgement-debtor took exception to it on the ground that the trial Court had no jurisdiction to pass the order on 19-5-72. The executing court allowed the objec..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....4 Judgment Kemaluddin Hossain CJ.- Defendant is the appellant and the appeal stands on the question whether the Court of appeal below and the learned Single Judge of the High Court on right principle decreed the suit. 2. Facts are that the plaintiff is the nephew, and the princi......t the correction of the Municipal papers failed and so he filed the suit. 3. The defence was that the two brothers were joint in mess and property, and they separated only seven or eight years before the institution of the suit, and so the defendant was entitled to half of the interest in......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......only seven or eight years before the institution of the suit, and so the defendant was entitled to half of the interest in the suit property. The other plaint allegation was denied. 4. The trial Court on consideration of oral and documentary evidence held that the brothers on the death of..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....seller must notify the buyer to enable him to insure the goods; otherwise he may himself be liable for damage at sea. Property in the goods normally passes with risk, though the buyer may reserve the right to reject goods if he has had no previous opportunity to examine then and they are not upto sp......h; F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payment for the goods become due……….(6) Proper...... disbelieve P.W..2. It has, therefore, been very satisfactorily proved that both Hridoy Ranjan Chowdhury and Zakir Hossain who are the authors of Exts. 2(d) and 2(e) had authority to look after the affairs of the defendant-firm and to make purchases and confirm purchases through letters as done thro......ut the arrival of the shipping documents and any notice for retiring the shipping documents on payment of price, freight and insurance charges as alleged. On these pleadings, the parties went on trial and the learned Subordinate judge on consideration of the respective cases of the parties, the..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
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