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Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)
....uirements on a ballot paper of an official mark and initial of the polling officer, then for the carelessness or a bona fide lapse of the government functionary, a voter may have to lose his valuable right of franchise. 9. The learned Judges' finding that a ballot paper must contain both th......3 of 1977). Judgment KM Subhan J.- This appeal by special leave is against the Judgment and order of the High Court Division in Writ Petition No.593 of 1977. 2. The appellant contested for the office of the Chairman in the election held on 19-1-77 and was defeated. He secured 3,302 vo......rt preferred to count out of consideration a ballot paper which did not contain both the initial and the official mark as these have been necessitated for the purpose of providing guard against any unfair means. We do not think that probable unfair means or corruption in voting should be the criteri......e rejected as invalid. 6. On such a view of rule 40(4) of the Rules, the Rule was made absolute by the learned Judges of the High Court Division and the case was sent back to the Tribunal for re-trial in the light of the interpretation given to the said rule 40(4). The appellant moved this Cour..Category: Election Law | Date: 23 Nov, 1978 | Hits: 206
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... provision for communication of the grounds of detention and for production of the detenu before the Advisory Board within the stipulated time. By virtue of the amended provision, there has accrued a right to the detenu to be informed of the grounds of detention and to make representation to the Gov......ed by the Haluaghat Police on 8.2.76 and on 9.2.76 he was served with the impugned order and since then he has been in custody. The petitioner further stated that the detention order was challenged before this Hon'ble Court in Writ Petition No. 357 of 1977 whereupon a Rule was issued. It appears...... Khaliq J Abdul Malek J Akram Hossain Mondal…………………..Petitioner Vs. Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others……….Respondent Judgment September 26, 1978. Resu...... what it means. Ss. 404 and 415-A no doubt refer to appeal from judgment or appealable judgment respectively. But under ss. 263 and 264, 1 the judgment in a summary trial has to contain the finding and sentence or other final order. Under s. 305, in a jury tri..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....Directors as well as Share-holders of the Company. The Memorandum as well as Articles of Association of the Company provided for two classes of shares, 'A' and 'B' the former carrying right to vote and the latter carrying no such right to vote. These three brothers held equal A-Class......dent No. 2 Appeal No. 8 of 1975. Judgment Shahabuddin Ahmed J. - This is an appeal from a judgment and order of a learned Single Judge of this Court dated 18-2-75 dismissing a petition for winding up of a Company under section 162 of the Companies Act, 1913. Petitioner is th......en the petitioner has been acting as Chairman and Jahiruddin as Managing Director of the Company. Under the Articles of Association the Managing Director was entrusted with the duty of managing the affairs of the Company subject to control and supervision of the Directors. The last Annual General Me......ecame commercially insolvent. All assets and properties of the Company had been mortgaged to the principal Creditor, respondent No. 2, Bangladesh Shilpa Rin Sangstha which succeeded the Pakistan Industrial Credit and Investment Corporation (P.I.C.I.C.) against a loan of Rs 3192 lacs which along with..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
....ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......took cognizance against one Abdullah under section 406 of the Penal Code and the case, being G.R. Case No.476/ 76, was then transferred to the file of one Mr. A., Hye, Magistrate 1st Class, for disposal. While this case was pending before the Magistrate the District Control Cell, an agency......ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......gainst P.W.1, who is the petitioner, Abdul Wahab before us under section 190(C) of the Criminal Procedure Code. In this way this petitioner was brought before the Summary Military Court for trial. By this application under Article 102 of the Constitution the petitioner challenged..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2
....ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
...... took cognizance against one Abdullah under section 406 of the Penal Code and the case, being G.R. Case No.476/76, was then transferred to the file of one Mr. A., Hye, Magistrate 1st Class, for disposal. While this case was pending before the Magistrate the District Control Cell, an agency......ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......gainst P.W.1, who is the petitioner, Abdul Wahab before us under section 190(C) of the Criminal Procedure Code. In this way this petitioner was brought before the Summary Military Court for trial. By this application under Article 102 of the Constitution the petitioner challenged..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
....pellants Vs. Nurul Islam & others.........................................Respondents Judgment July 14, 1978. Result: The appeal is dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a...... property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent for which the land was sold out in the execution of a rent decree and the right of redemption of the...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ...... that the lands were auction purchased by defendant No 9 in a rent suit with his money and for his own benefit and, while he was in possession defendant No. 8 purchased the same from him. 3. The trial court dismissed the suit and held that the plaintiff knew about the rent sale for a long time ..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....case it has also been held that the provision of the principles of natural justice is to be read as embodied in the statute by which an action is permitted to be taken under the statute affecting the right of any party unless the statute by express words excludes the application of the principles of......d asserting that the value of the property was correctly shown in the relevant sale deeds. The respondent submitted also a statement of his income salary and other sources to show that the price paid for the property was legally earned by him. 4. The said Screening Board rejected his explanati......e 7 provides for giving an opportunity to the officer concerned of being heard. The language of Article 7 clearly contemplates giving the delinquent officer all chances to defend himself and ensure fair trial and it is in compliance with the principles of natural justice. 9. While it is open......rovides for giving an opportunity to the officer concerned of being heard. The language of Article 7 clearly contemplates giving the delinquent officer all chances to defend himself and ensure fair trial and it is in compliance with the principles of natural justice. 9. While it is open to a..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
....
2. The plaintiff claimed partition or schedule 'Kha' land out of schedule 'Ka', land of the plaint. The schedule 'Ka' land, of RS' khatian No. 245-belonged in raiyati right to Easanuddin and others under Nabab Ali and others, and the same, was auction; sold m pursuan......(8)
Appeal from appellate decree No. 334 of 1964
Judgment
M.H. Rahman J. - In this appeal defendant No. 1 calls in question a judgment of affirmance decreeing the plaintiff's suit for partition in preliminary form.
2. The plaintiff claimed partition or schedule 'Kha'......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......that as defendant No. 1 did not pay the consideration for the document defendants Nos. 2 and 3 withheld the registration ticket. These defendants prayed for their shares in the suit land.
5. The trial court held that the plaintiff's father, Mujahar, was the auction purchaser of the suit lan..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......bdur Rahman Chowdhury. - This appeal arises out of an order of conviction under Section 302 read with Section 34 of the Penal Code sentencing both the appellants to transportation for life. While concurring with the main judgment just delivered by my learned brother Afzal, J......he young son of the deceased and aged about 11/12 years and the other an invitee at the feast in the house of accused Monoruddin. We shall reproduce the evidence of P W 3 in details which will give a fair idea of the prosecution case and the kind of evidence upon which the prosecution relies. P.Ws. ......aminer to the Government, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under the Code, may be used as evidence in any inquiry, trial or other proceeding.” The report of the Chemical Examiner in the instant case was a..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
.... and assumption of jurisdiction by a Tribunal which has not been vested by law for determination is illegal and anything done in illegal manner is a nullify; (3) procedural provision contained vested rights and deprivation of procedural law, namely, by way of appeal is illegal; and (4) superior Cour......t Badrul Haider Chowdhury J.-. This is directed against an order of conviction passed in Martial Law Case No. 6 of 1977 by Special Martial Law Court No. II, Dacca sentencing the accused to death for declaring the same to have been passed without any lawful authority and is of no legal effect an......civil administration. This point is correct because reading two proclamations together as we have already analyzed the whole purpose of Martial Law was to bring the country on the even keel by way of fair election. In the case of Abdus Shukoor Vs. The State, reported in (1976) 28 DLR 441 a Division ......nbsp;and 201 B.P.C. read with Special Powers Act. After submission of the charge-sheet some of the accused persons surrendered before the Sub divisional Magistrate and obtained bail pending trial. 4. The case was sent to the Special Tribunal, Mymensingh for trial and it was registered..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....or addition of parties in each of the proceedings. 2. One Rahul Amin Sardar filed an application under section 143A of the State Acquisition and Tenancy Act for correction of record of right in respect of the properties mentioned in the schedule to the application. It is khatian No. 2......es are directed against two orders of the learned Munsif in two different proceeding under section 143A of the State Acquisition and Tenancy Act. The learned Munsif rejected the application for addition of parties in each of the proceedings. 2. One Rahul Amin Sardar filed an applicati......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......atory form with regard to title of the petitioner or petitioners. It does not appear that section 143A contemplates such a relief as prayed for in the two cases. It further appears that the trial Court proceeded to deal with the two cases as if these are suits for title. It appears that an..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....ny absolute gift in favour of Sankar Roy who was in Calcutta from long before 1353 B.S. 3. The suit was once decreed and, on appeal, the learned Subordinate Judge, after holding that an absolute right had been transferred to Sankar Prosad Roy, remanded the case for rehearing with an opportunity......, 1960 SC 1949; Sri C.P.J. Temple Vs. Harikrishna, A.I.R. 1973 SC 2565; Roshan and others Vs. Mst. Abedur Nessa and others reported in PLD 1963 Dacca 712. Lawyers Involved: Md. Abdur Rashid for B.B. Roy Chowdhury—For the Appellants. B.N. Chowdhury—For the Respondents. ......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......was a surprise as it was not mentioned either in the written statement or in the additional written statement. 4. On appeal the learned Subordinate Judge set aside the judgment and decree of the trial Court after finding that there was no evidence to hold that the defendant is were in possessio..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....her. An order passed under section 8B of the Court fees Act cannot be included into the category of a decree because of the fact that there was no adjudication and extermination of the rights of the parties and the same has not been expressly included in the category of decree as in t......ppeal lies from that order. Dismissal under section 8B (3) of the Court Fees Act cannot be a rejection of the plaint but is a dismissal of the suit. Rejection of the plaint is provided for in section 6(2) of the Court Fees Act and that is at a time before the service of summ......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......t and Mr. Syed Mohammed Ali appeared for the respondents. Mr. Latifur Rahman, the learned Advocate for the appellant urged that the orders of dismissal passed by the Courts below were illegal and the trial Court erred in law in rating the valuation of the suit. 4. Mr. Syed Mohammad Ali, the lea..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
....nafter called the Order). In paragraph 4 of the said Order it has been clearly laid down that no lease can be granted for more than one year at a time and the lessee shall not in any case acquire any right of occupancy in such property nor shall he be entitled to holdover after expiry of the lease a...... be added as defendants in this suit.
I have heard the learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The records of the case were not called for.
2. Short facts leading to this rule are that the plaintiff petitioner instituted a suit fo......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
......l further proceedings of the suit is hereby vacated. Let the suit now proceed in accordance with law and be deposited of expeditiously preferably within six months of the receipt of this order by the trial court.
The rule is accordingly made absolute but in the facts and circumstances of the ca..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....f money rent, and that the suit was barred by limitation. 4. The learned Munsif dismissed the suit after finding that the C.S. record (Ext. 2) indicated that Jasmat Sardar has acquired a tenancy right in the suit land and that there was no evidence that during his life the land was taken back f......the decision of the Subordinate Judge, Bogra, in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants......mption. The presumption that attaches to a record of right under section 103-B of the Bengal Tenancy Act is only this that the entry in the record of right represents the correct state of affairs on the date that it was prepared. 'Whether that state of affairs is continued even afterwa......y the plaintiffs predecessors, that the plaintiffs had no possession within 12 years before the dale of the institution of the suit. 5. The learned Subordinate Judge reversed the decision of the trial Court after finding that the C.S. recorded was not correct recorded, and Jasmat was a borgadar..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
....rdinance, the Resolution dated 16.11.73 shall stand "revoked" and the 'Council' established there under shall stand 'dissolved'. It is upon such dissolution that the assets, right, liabilities, officers, employees of the dissolved Council shall stand transferred to the newl......lthough he had been charged with some minor offence punishable by censure, 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...... the Government. This Board as its name implies is responsible for all policy-matters of the Council. There shall be a Governing Body of the Council for general direction and superintendence of the affairs of the Council including the administration of its fund. Officers and employees will be appoin......Original Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.………&helli..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....ndant No. 1, however, is giving out that he is the Managing Director of the Company elected by the Board of Directors in the meeting held on 18-8-77. The plaintiff alleged that defendant No. 1 has no right to give himself out as the Managing Director of the Company and the alleged resolution of the ......inate Judge 3rd Court, Dacca in Title Suit No. 209 of 1977. This order was occasioned because of an application under Order 7, rule 11 of the Code of Civil Procedure filed by the defendants for the rejection of the plaint filed by the plaintiff-appellant wherein prayers were made for three......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 ......submits that it will be possible for the defendants to file the written statement within a week from the arrival of the records of this case. The learned Subordinate Judge is directed to commence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chow..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
.... well. I have perused the judgment of the trial court as well as of the court of appeal below. It appears that the suit was tried as a partition suit and a preliminary decree was passed declaring the rights and shares of the parties in the suit. 4. The principle guiding the abatement of an appe......: S.S.Halder—For the Appellant. Md. Abdur Rahim—For the Respondents. Second Appeal No. 359 of 1973 Judgment Abdur Rahman Chowdhury J.- These two applications, one for review of the order dated 14-11-77 passed by this court and another for leave to appeal under Cl...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ...... has argued that the appeal did not abate as a whole since the suit was not merely a partition suit but a suit for declaration of the plaintiff's title as well. I have perused the judgment of the trial court as well as of the court of appeal below. It appears that the suit was tried as a partiti..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
....nts by the Railway. As the plaintiffs did not serve the notice under section 77 of the Act within the prescribed period of six months from the date of delivery of the goods their suits were rightly dismissed by the learned Subordinate Judge. These appeals are dismissed and the impugne......two appeals have been heard together and will be governed by this judgment. 2. The plaintiff appellant in F.A. 90 of 1962, Shafiuddin Khan, filed Money Salt Bo. 8 of 1958 claiming Rs. 17,004-8-0 for non-delivery of two consignments of cardamom sent on 17-4-57 and 18-4-37 by the East Bengal Rail....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ......d because of the procrastination of the Customs Department in settling the matter promptly. 9. The learned Advocates of the parties have not seriously challenged the findings of the facts of the trial Court; therefore the only Issue that calls for our determination In these appeals is whether s..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......alSessionsJudge and Ex-officio Special Judge granted bail to the petitioner No.3 or a bail bond of Rs. 2,000/-supported by two surety bonds one from local surety and another from a lawyer surety each for a sum of Rs. 2000/- each for a sum of Rs. 2,000/-. The allegations against the petitioner No.3 i......passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......itioner No.3 in the Special Case No.4/72 ,was that while he was acting as Tahsildar Rrjbari 'A' Tahsil Office he received a bribe of Rs.15/-from one Abdul Halim. 3.The case was fixed for trial on 20. 5. 75. On 14. 5. 75 a petition was filed on behalf of the accused for shifting the date..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
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