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“Wherever any person or body of persons is empowered to take decisions after expost facto investigation into facts which would result in consequences affecting the person, property or other right of another person, then in the absence of any express words in the enactment giving such power...... Appeal No. 79 of 1970.
Judgment
M. H. Rahman J.—This is a second appeal. The appellant, Md. Abdur Rasheed, filed Title Suit No. 36 in the Court of Subordinate Judge, 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacc......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......iff being appointed on a temporary basis. There was no legal requirement for serving notice to show cause before terminating his service and he was not entitled to any relief in the suit.
4. The trial Court, after construing the letter of appointment (Ext. 1) as a whole, held that the appointme..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
.... the said notice and order were without any legal authority.
8. Learned Counsel has further contended that the Custodian of Enemy Property did not acquire under the Defence of Pakistan Rules any right better and larger than that enjoyed by the enemy owner and that the appellant being in possess......perties, which stood in the name of one Paresh Chandra Bardhan, on the basis of valid documents, that certain other lands standing in the name of Chittotosh Bardhan were debutter properties dedicated for the worship of the ancestral family deity of the appellant, who, being the eldest member of the ......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......se (2) of Article 131 of the said Constitution to meet the emergency and to provide for special measures to ensure the security, the public safety and interest and the defence of Pakistan and for the trial of certain offences. Section 3(1) of the Ordinance conferred generally upon the Central Govern..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....of the pre-emptors and the seller had to purchase the property in question within the knowledge of the pre-emptors and since then the purchaser-petitioner has been possessing the case land in his own right. So the case is barred by principles of estoppel, acquiescence and waiver. He further alleged ......further case is that the purchaser is an stranger and the case land was transferred secretly and without any knowledge of the co-sharer pre emptors. The case land is vitally and essentially necessary for their use and occupation and they being co-sharer tenants by inheritance are legally entitled to......rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ...... his own right. So the case is barred by principles of estoppel, acquiescence and waiver. He further alleged that the case is bad for defect of parties and is barred by limitation. 3. Before the trial Court the question of defect of parties and limitation were not pressed. The main contention b..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....e sole owner of the premises in question cannot now be allowed to reopen the same. 5. Mr. Tazibul Huq, the learned Advocate appearing for the defendant-despondent has submitted that the case was rightly remanded for rehearing and the plaintiff would have an equal opportunity before the trial Co......evision No. 345 of 1975 is discharged Other is disposed of. Order 41 rule 23, 24 & 25 of the Code of Civil Procedure, 1908 Evidence on record is sufficient— No need for Remand Where the evidence on record is sufficient the appellate Court is competent to deter......The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ......d is sufficient the appellate Court is competent to determine the suit finally and there is no need for remand. Under Order 41 rule 25 of the Code, only specific issues are sent to the trial Court for findings and not for re-trial of the entire suit. After the return of the findings b..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
....e No.XXI of 1976. Sub-article (2) of Article 10 makes it clear that none for the Corporation under which the plaintiff's Company has been placed can sue or be sued for the alleged infringement of right and the plaintiff - Company is not permitted to sue in its individual character. Relying on th......have arisen out of the order dated 20.4.77 passed by Mr. Anisul Haque Choudhury, Additional District Judge, Special Court No. 2, Dacca in Title Suit No. 4 of 1977 rejecting the plaintiff's prayer for temporary injunction and the plaint. They have been heard together and this judgment will dispos...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ......earned Judge erred in rejecting the plaint outright without allowing the plaintiff to adduce evidence in this regard. He has further contended that under the President's Order No. 27 of 1972 industrial enterprises, either nationalized or placed under the control and management of a corporation h..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
...., was maintainable in view of the fact that the appeal in which the impugned order was made the said Abu Zafar was substituted as major; (b) whether the learned Judges of the High Court Division were right in allowing the application under section 115 of the Code ex parte without giving opportunity ......e respondent, without issuing a Rule upon the appellant, who was the sole opposite party in the said application, and setting aside an order of dismissal of an appeal preferred by the respondent for his failure to put in a sum of Tk. 500/- within the time directed by the appellate Court. ......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......made the following order: "That the appeal be allowed on contest without costs. The judgment and decree of the learned lower Court be set aside and the suit be seat back on remand for fresh trial in the light of the observation made above on condition of payment of Tk. 500 (Taka five hundr..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....sation for land, structure and other acquired properties but the Government did not consider the claim consequently the respondents on receiving the assessed amount on protest with the reservation of right to file this Arbitration Case, wherein they have claimed land value at the rate of Taka 3 lac ...... section 7(aa) of 15-11-72 showing the final assessment of compensation the respondents have filed the above Arbitration Case No. 1833 alleging amongst others that they moved the Government for higher amount of compensation for land, structure and other acquired properties but the Governme......with the assessment, the respondents preferred the above Arbitration Case and claimed compensation to the tune of Tk. 3, 88,136/- on the averment that the assessment made by the L A. Collector is not fair and proper inasmuch as the case land is more valuable. 3. On being served with notice unde......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
....ive detention or authorize the detention of a person for a period exceeding 6 months" unless approved by the Advisory Board. With the proclamation of the Emergency under Article 141(A) right to move the Court was suspended for enforcement of rights guaranteed under Articles 36,&n......s. Anwara Begum. It is stated that the detenu is detained by an order dated 23-3-77 under rule 5(1)(a) of the Emergency Powers Rules, 1975 (Annexure-A). It is further stated that there is no material for which the detaining authority could pass the order of detention and it is stated that the detenu......lies or services essential to the community. The preventive detention was also mentioned in the list No.1 under entry No. 9 as "preventive detention for reasons connected with defense, foreign affairs or security of India, persons subjected to such detention'. Thus the preventive detention ......n can be taken to the detention orders.
7. Now to consider the main argument of Mr. Latifur Rahman, the learned Advocate that if the detenus are smugglers then provision has been made by law for trial of these persons to wit rule 18 of the Emergency Powers Rules which is punishable with death o..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....posite Parties Judgment August 9, 1977. Result: The Rule is discharged. Right of preemption under section 96 of the State Acquisition and Tenancy Act is a statutory right and is to be exercised within the scope of the statute itself. There is no embargo in the Stat......Tenancy Act is a statutory right and is to be exercised within the scope of the statute itself. There is no embargo in the State Acquisition and Tenancy Act that the right of pre- emption shall stand forfeited if a disqualified person is joined with the pre-emptor in an application for pre-emption&h......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ......o the case holding has forfeited his right of preemption. So, I find and hold that the Misc. case is not maintainable in law. 5. On appeal the learned District Judge reversed the decision of the trial court holding that pre-emptor No. 1. being not a co-sharer tenant of the case holding has got ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
.... the plaintiff, taking advantage of the long distance of the residence of Faizuddin Haji and his heirs from the disputed land got his name fraudulently recorded in the S A. Khatian though they had no right, title or possession in the same. The contesting defendants having purchased the disputed land......charya J. - This appeal by special leave is against a judgment of a Bench of the High Court Division, allowing a Second Appeal and restoring the judgment and decree of the trial Court by which a suit for declaration of title and for recovery of possession of certain lands, brought by Respondent...... and marked Ext.2. Such a document has no presumptive value whatsoever. As a matter of fact, in the plaint there is no allegation as to the subsequent record of right indicating a contrary state of affairs. The cause of action as alleged in the plaint was stated to be 6-1-66, being the date of the d......t Debesh Chandra Bhattacharya J. - This appeal by special leave is against a judgment of a Bench of the High Court Division, allowing a Second Appeal and restoring the judgment and decree of the trial Court by which a suit for declaration of title and for recovery of possession of certain ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ney General relied on a decision in the case of Abul Vs. Haji Abdul Gani reported in 14 DLR Dac. 511, the same case reported in PLD 1963 Dac, 618 in which it was observed as follows: "The right of the police to submit a charge sheet, even after submission of & final report cannot be......iminal Revision No.1173 of 1974) Judgment Ahsanuddin Chowdhury J.- This appeal by Special leave arises in the following circumstances: Complainant Abu Taleb Gazi lodged a first information report at the Kotwali Police Station, Jessore alleging that his brother deceased Lutfar......evival of the case and Magistrate made an order as under: "Heard both parties at length; The Complainant in this case was absent, when his case was called, by a few minutes. It is I think fair that the case be revived." The matter having been taken to the High Court on the rev......ntioned questions on which leave was granted assuming that the benefit, if any, of the order of discharge will reach the appellant also. 5. Abul Hossain Sana, it appears, was sent up for trial after investigation by the police under sections 379 and 465 of the Penal Code. The case was ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....ripti Lata Kar against the judgment and decree passed by the learned Additional District Judge, 1st Court, Sylhet in Title Appeal No.411 of 1969 arising out of suit for declaration of the, plaintiffs right of permanent residence and that he is not liable to be evicted from the disputed premises or i...... appeal by the plaintiff Sreemati Tripti Lata Kar against the judgment and decree passed by the learned Additional District Judge, 1st Court, Sylhet in Title Appeal No.411 of 1969 arising out of suit for declaration of the, plaintiffs right of permanent residence and that he is not liable to be evic...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....ment 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 was rightly referred to the Second Screening Board. Before making reference to the Second Screening Boar......ns of fact and law are involved, and the same are being disposed of by this judgment. 2. In Writ Petition No. 351 of 1976 it has been stated, inter alia, that the petitioner Mr., A. Khalilullah, formerly Sub-Overseer cum-Sectional Officer, Jhenidah Building Sub-Division, under Building Division......lows:- “The P.O. 67/72, of course, does not debar the Screening Board from bringing allegation in respect of materials on which a previous Departmental Proceeding failed but this is hardly fair and proper. Even if such allegation were revived these should have been enquired by the Screeni......arges. According to the learned Advocate the proceedings drawn up by the Second Screening Board was wholly without jurisdiction, because, the cases of the petitioners having already been completed on trial and punishment given, there was no case pending as contemplated under the President's Orde..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....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 ...... on 25th January, 1977 and if was duly published in the Bangladesh Gazette (Extraordinary) dated 19th February, 1977 After the publication of the- result respondent No. 2 filed an election petition before the Election Tribunal, Munsif, Second Court Hobigahj, alleging malpractices adopted by the peti......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 ......bunal appointed by the Government, shall be deemed to be Civil Courts Since Rule 48 provides that every election petition shall be tried, as nearly as may be, in accordance with the procedure for the trial of suit under the Civil Procedure Code, and since Rule 49 provides that the Tribunal shall hav..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
....C.S. khatian and was meant for public Use. In course of time the khal silted up and since then the local people have been using the same as path from time immemorial and have accordingly acquired the right of easement over the suit land. The defendants after creating some document in respect of the ...... Respondents. Appeal from Appellant Decree No. 136 of 1970. Judgment Ranadhir Sen J.- This appeal at the instant of the plaintiff is directed against the judgment of reversal in a suit for permanent injunction. The plaintiffs, 17 in number filed a suit for permanent injunction restrai...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ...... the possession of their predecessors Daud Hossain and Insan Sk. in the suit land by any competent and reliable witnesses. 4. On appeal the learned Subordinate Judge reversed the decision of the trial Court and dismissed the suit holding inter alia that the plaintiffs have "no easement rig..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....;51 of the Code of Criminal Procedure is elaborated in section 523 of the Code of Criminal Procedure. The Magistrate under this section has been empowered to return the property to the rightful owner after trial of the case. The power under section 523 is not the power of co......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 368(391). Lawyers Involved: ......, 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. ...... plaintiff-petitioner. 5. Mr. Sultan Ahmad, the learned Deputy Advocate-General appearing for Government- opposite party has, on the other hand, contended that the Sea Customs Act contemplated a trial before a magistrate for the offence under section 167(8) and (81) of the Sea Customs..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
.... filing affidavit. In the decisions which were noticed in some of the Dacca High Court decisions it was in the enactment where it was required that grounds are to be supplied because the detenu had a right to file a representation to the Advisory Board. It was a constitutional requirement and theref......owdhury J.—This rule is directed as to show cause why the detention of KalipadaHazra now being detained in Jessore Central Jail should not be declared illegal and why he should not be brought before this court and set at liberty or such other or further order or orders passed as to this court ......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.
......ing likely to act in any such prejudicial manner as is mentioned in clause (viii);
(xii) regulating Work, including working hours and holidays, in dockyards, shipyards, aerodromes and other industrial and commercial installations or establishments;
Sub-section (3) is as follows:
The r..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....o; he has been considered. In Jaffar Meher Ali Vs. Budge Jute Mills Co., ILR 33 Calcutta 702, the interest of one Kasem Karim was assigned to the plaintiff, who, as an assignee, wanted to enforce his rights under the contract. The defendant contended that the assignment was made with the object of d......t Division in First Appeal No.37 of 1975, dismissing the appeal against the judgment and decree of the Subordinate Judge, Third Court, Dacca in Title Suit No.123 of 1973 instituted by the respondents for evicting the appellant at a monthly tenant. 2. On December 4, 1973, the respondent filed t......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ...... order which was refused and returned to him on November 5, 1973. The appellant deposited the rent with the House Rent Controller on November 18, 1973 and has been regularly depositing rent. The trial Court decreed the suit on February 14, 1975 on the ground of default and on the question of bo..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....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. ......he taking away of six bags of wheat. On 31st October, 1974 the people found Ismail Member in the house of Rostum Ali and asked him about the wheat and on his inability to say anything he was taken by force by the people to the Union Parishad Office where he was assaulted. 3. The Police after in......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. ...... Ismail Member, Kalu Miah and one Ayub Ali. The Special Tribunal took cognizance against the three accused against whom charge-sheet was submitted and subsequently during the pendency of the case for trial on a petition filed by the Assistant Public Prosecutor, the Special Tribunal took cognizance o..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....the carrier in relation to the loading, handling, stowage, carriage, custody, care and discharges of such goods shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities hereinafter set forth." Rules 2 and 8 of Article III; "2......."S.S. FIR-DAUSA" belonging to defendant-respondent No.1. After its arrival at Chittagong on February 28, 1951 the ship discharged goods on and from March 3, 1951 to March 5, 1951. The aforesaid goods were found in a damaged condition and the appellants went to the Jetty on March 4, 19......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......ndants No.1 and 2 nor defendants No.3 and 4 challenged the survey reports in the written statement, though in the plaint every important particular thereof was mentioned. But at the time of trial the learned lawyer for defendants No.1 and 2 halfheartedly put some questions to the witn..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
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