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....esident's Order No. 27 of 1972, ten corporations were created, one o 'them being the Bangladesh Minerals Oil and Gas Corporation. Subsequently, the Government of Bangladesh acquired exclusive right of exploitation and marketing of natural gas in Bangladesh under the provisions of the Petrole......smission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the Administrative Manager of the Enterprise which is contained in the letter from the Minister for Labour is as follows:
"In recognition to his all dedicated and efficient particip......No. 16 of 1972). There can be no doubt that the vesting of shares of the company in the government under Section 4 of this Order leads to government control over the management and direction of its affairs. Other relevant provisions which went to establish such control over an abandoned property may......as Transmission and Distribution Company Ltd., did or did not maintain the corporate character of a limited company when, in 1972, it was nationalised under the provisions of the Bangladesh Industrial Enterprise (Nationalisation) Order, 1972, (P.O. No. 27 of 1972) and placed under the corporati..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....al power of the Court to act ex debito justitiae should not be resorted to. As held by the privy Council in Jai Behram Vs.Kedar Noth (1) it is inherent in the general jurisdiction of the Court to act rightly and fairly according to the circumstances towards all parties involved. As was said by Cairn......p;…….Appellant Vs. Md. Sabiq Khan & others……………Respondents Judgment April 28, 1980 Result: The Petition is dismissed for non-prosecution. Partition suit Formal defect in preliminary decree does not null......the Court to act ex debito justitiae should not be resorted to. As held by the privy Council in Jai Behram Vs.Kedar Noth (1) it is inherent in the general jurisdiction of the Court to act rightly and fairly according to the circumstances towards all parties involved. As was said by Cairns L.C. in Ro......fs claimed 2/5th share in each of Schedules 'A’, ’B','C' &'D' properties. Defendants 1-3 filed a joint written statement contesting the suit but at the time of trial defendants 1 & 2 prayed for separate sahams. Dfendant No. 2, the appellant claimed 3/..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....rders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of the Constitution, but this power could be exercised in relation to o......o death by the judgment and order dated August 5, 1978 which has been duly confirmed. Against the order of conviction and sentence the appellant moved the High Court Division in its writ jurisdiction for an order declaring the proceedings taken in passing the judgment and order dated 5.8.78 in M.L. ......e. Monwara Begum (P.W.23) was maid servant of the family is the only eye witness in this case. Illicit connection grew up between the appellant and Monwara Begum and they had occasional sexual affair. On April 18. 1978 at about 11 A.M. when Saleha went out of the house, appellant Iqbal took Mon......an explanation in the following term. "Explanation—A case triable by a Court of Session pending before a Magistrate for enquiry may also be transferred to a Martial Law Court for trial." The above provision empowers, inter alia, the Chief Martial Law Administrator to t..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....he land transferred, before the Court for proper and complete adjudication in accordance with law. A co-sharer tenent or tenant holding land contiguous to the land transferred may waive his right to purchase the land, but on this consideration there is hardly any scope for taking the ......ub-section (1), Similarly, all the contiguous land owners are to be made parties in the application falling under the second part of sub-section (1). Sub-section (4) provides the period of limitation for the remaining co-sharer tenants or the tenants holding land contiguous to the land transferred, ......l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ...... in the absence of contiguous land owners as named in the written objection. To meet this objection the appellants impleaded the persons whose names were, supplied by the pre-emptee. At the trial only two points were pressed, namely, whether the petitioners were the owners of the cont..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
.... the petitioner has taken me through the judgments of both the courts below and very strenuously argued that there being existence of dwelling huts, bagan and ditches as it appears from the record of right viz. the C.S. Khatian and the S.A. Khatian the land transferred is non-agricultura......f, 1st Court, Pirojpur in Miscellaneous Case No.7 of 1973 dated 30.11.76. 2. In this application the petitioner has challenged the order of the learned Subordinate Judge allowing the application for pre-emption filed under sub-section (1) of section 96 of the State Acquisition and Tenancy Act, ......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ...... Miscellaneous Appeal No.139 of 1974 in the court of District judge. The appeal, however, on transfer was allowed by the learned subordinate Judge who sent the case back on remand for fresh trial by the learned Munsif with a direction to decide the question as to whether application u..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ......pondents. Civil Appeal No. 167 of 1978 from Civil Revision No. 91 of 1972. Judgment K. Hossain CJ. - This appeal by special leave at the instance of the tenant arise out of a suit for ejectment. Facts are that the defendant-appellant was a monthly tenant of the suit premises at t...... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ......as required bona fide for the accommodation of his family. The case of the plaintiff did not succeed on the ground of bona fide use and occupation but his ground for default succeeded both before the trial Court and on revision by the tenant before the High Court Division. The matter was placed befo..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....;…..Appellants Vs. Mokhlesur Rahman & others……….. Respondents Judgment January 15, 1980 Result: The appeal is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a ......iver of the right When a co-sharer is non-notified and the pre-emptee could not establish by leading evidence that he had (non notified co sharer) knowledge about the transfer, there is no scope for raising the question of waiver of the right……(8) Lawyers Involved: Abdus......e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ...... transfer of the case land. Their further case is that no notice of sale was served upon them and that in order to avoid pre-emption the kabala was registered in a different Sub-Registry. 3. The trial Court allowed the Miscellaneous case being Miscellaneous Case No. 133 of 1973 against the dece..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....y be quoted. Section 34 is as follows: "Application to Labour Court. Any collective bargaining agent or any employer or workman may apply to the Labour Court for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement." ...... raised in these appeals are common, they were heard analogously and this judgment will govern all the four appeals. 4. The employee who was a senior assistant in the company's establishment for 20 years claimed that he, being the General Secretary of the Workers' Union, was involved in......unsel relied heavily on the wording of section 34 of the Ordinance. He submitted that if a Worker is illegally dismissed, for example, under section 15(d) of the Ordinance, for indulging in an unfair labour practice he is entitled to move the Labour Court under this section against such di...... in trade union activities. His involvement ultimately led, according to him, to victimisation by the company. During the pendency of his case before the Labour Court in which he raised an industrial dispute, the company initiated two separate proceedings against him on some base-less charges ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....ford, the then Manager of the plaintiff Company at the rate of Re. 1 per bigha per year 31/32 years back. He has been possessing the suit land as a tenant paying rent thereof. He has acquired tenancy right m the suit land and is not liable to be evicted. He denied execution of any license document. ...... yearly renewals. He executed licence documents. The defendant was dismissed from the service of the plaintiff in July 1956. As he did not vacate the land, on demand the plaintiff instituted the suit for declaration of title and recovery of possession. The Government was the defendant no. 2 in the s......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......dinate Judge, Second Court, Sylhet heard the two appeals together and by a single judgment dated 31.3.65 dismissed both, the two appeals, substantially agreeing with and upholding the findings of the trial Court. 7. The plaintiff has preferred S.A. No. 27/66 and the defendant No. 1 has preferre..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... of the Third Subordinate Judge, Dacca claiming 6 anna share and monthly rent of the suit property and a notice of the same has been served upon the plaintiffs. The plaintiffs having acquired 16 anna right, title and interest in the suit property on the basis of oral gift and the actions of the defe......ants. Fakir Abdul Mannan with Bazlur Rahman, Advocates-For the Respondents. F.A. 47 of 1975 Judgment Abdul Wadud Chowdhury J. - This appeal by the plaintiffs arises out of a suit for declaration that the plaintiffs are the owners of the property on the basis of a gift and is dir......ent of gift. They, however, stoutly denied the story of the alleged oral gift and contended that the application before the income Tax Authority for clearance certificate is a manipulated affair. They contended that Abdur Rahman Choudhury died without making any gift and that the defendant......nd the acceptance of the gift by the donors and these evidences of the witnesses could not be impeached at all with reagrd to the main ingredients necessary to prove a gift. He has submitted that the trial Court was wrong in observing that the plaintiffs did not state anything in their depositi..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
........Respondent Judgment August 23, 1979. Result: The appeal is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the right. It could not be said that when a transfe...... Vs. Abdul Malek Khan..........................Respondent Judgment August 23, 1979. Result: The appeal is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the......ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......ich was contested mostly on two grounds. First, as to the quantum of share of the plaintiff, whether it was 1/3rd or 1/6th; and, secondly, the suit for partition by the plaintiff was incompetent. The trial Court negatived the first part of the claim of the plaintiff, holding that his contribution wa..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......port of proviso to Rule 11 of Order 22 of the Code of Civil Procedure is involved. Detailed facts in controversy between the parties need not be set out excepting that the appeal arises out of a suit for partition instituted by the plaintiff respondent. It was decreed in preliminary form by the tria......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......s in controversy between the parties need not be set out excepting that the appeal arises out of a suit for partition instituted by the plaintiff respondent. It was decreed in preliminary form by the trial Court and on appeal the first appellate Court dismissed the same and a second appeal was filed..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
......nst 22 persons including one Hashan Mir (Respondent No. 6) under section 302 and other section of the Penal Code on the allegations of murder of one Jamshed Shaikh.
2. The petitioner before us is brother of the deceased, Jamshed Sk. He had lodged a First Information Report at Ramphal ......al Original Jurisdiction)
Present:
Shahabuddin Ahmed J
Rafiqur Rahman J
Shaikh Keramat Ali..............................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents
Judgment
July 6, 1979.
Result:......f charge sheet, particularly when the matter is subjudice, the intended counter enquiry is not contemplated in our Criminal law, rather it is against the general principle of law relating to criminal trial and that by directing this parallel enquiry the officer.' of the government concerned comm..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....ot include the execution and other proceeding which do not originate in themselves. The proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act is in the nature of a suit The right, title and interest of the transferee vests in the petitioner, if he is successful and as such......ut of a proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act and is directed against the concurrent decision of the Courts below allowing pre-emption. This rule was issued for examination of the question whether the addition of parties made in compliance with the Cou......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ...... same. So we feel that provisions of Order 23 Rule 3 of the Civil Procedure Code would apply in a proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act whether it is in the trial Court or in the appellate Court. 5. The next question is whether a revision preferred aga..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....As has been already pointed out, the petitioner's case is not governed by any statutory rules requiring that in the domestic enquiry witnesses should be examined in his presence or allowing him a right to cross-examine them. This aspect of the matter was taken into consideration by their Lordshi......cted in this godown and it was found, on verification that 111 rolls of synthetic fabrics had been missing from the godown. The petitioner suspects the chowkidars on duty and himself lodged a First Information Report to the Police against them. The police after investigating the case submitted final...... paragraphs 28 and 29 of the judgment of the Supreme Court in which it has been stated, among other things, as follows: “In order to ensure the "elementary and essential principles of fairness" as a matter of necessary implication, the person sought to be affected must at least ......laced reliance. It has been stated there as follows: “Tribunals exercising quasi-judicial functions are not Courts and, therefore, they are not bound to fellow the procedure prescribed for trial of edicts in Courts nor are they bound by strict rules of evidence. They can, unlike Courts, o..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
.....
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
......the admission of the two cadets who happened to be the two sons of officials of House Building Finance Corporation, Rajshahi and it was alleged in the charge-sheet that they were irregularly admitted for getting undue favour and wrongful gain from the fathers of those cadets in the matter of purchas......as no proper compliance with the requirements of the provision in Rule 5(e) (i).
15. As regards the second contention of the learned Advocate for the petitioner that the petitioner was not given fair opportunity to cross examine the witnesses we have perused the order sheet of the inquiry offic.......
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....e appellant as the ‘nominee’ of the respondent and the lease deed was registered on April 21, 1973. After execution of the lease deed the appellant started asserting the lessee's right in the suit land, whereupon the respondent cancelled his general power of attorney and sent ne....... Judgment Rahul Islam J.- This contempt proceedings started on a suo motu Rule issued by this Court against Abdus Sobhan, appellant in Civil Appeal No.9 of 1978. 2. The facts relevant for disposal of the matter are as follows: The appellant Abdus Sobhan filed Civil Appeal No.9 ......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......totally denying the agreement dated June 4, 1972 for sale of the property with the appellant. The appellant claiming to be the sole lessee under the lease instituted the suit which was decreed by the trial Court but on appeal the High Court dismissed it and the appellant's appeal to this Court b..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
.... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
......ain—For the State.
Criminal Revision No. 748 of 1977
Judgment
Mohammad Habibur Rahman J.-This rule was issued calling upon the Deputy Commissioner, Bakerganj and opposite party informant Khorshed Ali Bepari to show because why the impugned orders passed on 24-3-77 and 27-7-77 in...... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
......Case No. 68 of 1977
“The petition dated 12.7.77 filed by accused Habibur Rahman and three others is put up for hearing. On the said petition they prayed for not taking cognizance for their trial under section 396, Penal Code read with the Special Powers Act. Heard. Police, on complet..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....otion Board before which cases of all persons eligible for promotion shall have to be placed for examination and consideration. Mr. Kamal does not dispute that promotion in service is not a matter of right but it is to be earned by meritorious work and that whether a person is suitable for promotion......n Writ Petition No. 479 of 1978, the petitioner CM Yusuf was first appointed in the PIAC on 17th April, 1961 in PIA Grade No. IV. It is his case that by dint of meritorious service he was sent abroad for training twice and that he was promoted to Grade VII as Senior administrative Officer at Karachi......the question of their violation does not arise. The Corporation should in the matters of promotions and fixation of seniority, follow same principles for all its employees and is expected to act in a fair manner, without any discrimination, and shall not act arbitrarily. These basic requirements are......m under their previous employers. The position of the erstwhile p I.A. Officers and employees transferred to the Biman Corporation appears to be same as that of the officers and employees of the Industrial Enterprise which were nationalized under the President's Order NO. 27 of 1972. Officers an..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....d order of removal of the petitioner from service altering the previous decision of the authority is wholly illegal and without any lawful authority. He further submits that the petitioner acquired a right to continue in his service in spite of the conviction as the respondents allowed him to resume......p;304A of the Penal Code was started against the petitioner and the driver of the Jeep. But the said case ended in acquittal. The wife of the deceased Mr. Lutfur Rahman approached the petitioner for financial help whereupon the petitioner recommended for financial help to the Family Planning au......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 ......st the petitioner for the alleged offence under section 409 Penal Code in respect of the aforesaid sum Tk. 10,990/- The said case was transferred to Summary Martial Law Court at Rangpur for trial. The petitioner was convicted by the said Summary Martial Law Court on 8-3-77 under section&nb..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
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