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Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....t least as against the contesting defendants No. 1 and 6. 3. On consideration of the evidence on record both the Courts below came to a concurrent finding of fact that the plaintiff had acquired right, title and interest in the suit land by dint of the patta executed in favor of Ayenuddin by th...... M. Husain J.- This appeal at the instance of the defendants is directed against the judgment of the lower appellate Court affirming the judgment of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possession of the disputed suit land. According to......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ...... Decree No. 245 of 1964. Judgment S. M. Husain J.- This appeal at the instance of the defendants is directed against the judgment of the lower appellate Court affirming the judgment of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possessi..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....se appeals were heard together and were disposed of by the same judgment. The learned Subordinate Judge reversed the decision of the trial court being of the view that Abdul Hashim has a preferential right being a co-sharer and that he was authorized in law to make an independent application under s......nbsp;of the State Acquisition and Tenancy Act hereinafter referred to as the Act. 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous ......since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ......not maintainable. The objector further contended that the pre-emptor was aware of the transfer from before. 6. Both these cases were heard together and were disposed of by the same judgment. The trial court, on consideration of the materials on record was of the view that Misc. case No. 61 of 1..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....owed to go unchecked will bring slur on the good name of the Government. The petitioner as the citizen of a free country is entitled Jo due protection under the law of the land. It is the inalienable right of a citizen that he cannot be deprived of his life and liberty except in accordance with law....... Mirza Golam Hafiz with Mr. Md. Abdul Aziz—For the petitioner. No one—For opposite party. Judgment Abdur Rahman Chowdhury J.—This rule arises out of an application for quashing the proceedings in C.R. case No. 98 of 1976 pending in the court of Sub-divisional Magi......mined if such high handedness and illegal actions on the part of the high Government officers are allowed to go unnoticed and unchecked. We, however, strongly feel that in the interest of justice and fairness appropriate steps should be taken by the Government to seek that the good name of the Gover......nt to call Him and obstructed the government servant in discharging public functions which militated against the interest of the state. Upon these allegations the petitioner was summoned to stand his trial under the aforesaid sections. 5. Under section 174 of the Penal Code non-attend..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......er. A.R.M. Shafiqur Rahman—For the Opposite Parties. Criminal Revision No. 1274 of 1974. Judgment Abdur Rahman Chowdhury J.—This rule arises out of an application for quashing the proceeding in C.R. Case No. 716 of 1973 pending in the Court of Sub-Divisional Magi......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......nbsp;and 380 of the Penal Code was made out against the accused-petitioners. The learned Sub-divisional Magistrate on a perusal of the enquiry report summoned the petitioners to stand their trial under the aforesaid sections. The petitioners thereafter moved the learned Session Judge for r..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....ndonment executed in favor of the insurer by the said owner and the Industrial Development Bank of Pakistan, the mortgagee upon full settlement of the loss, became entitled to the said vessel and the rights of the owners and the mortgagee in respect of the said vessel. The defendant trading under th...... Company" and Respondent No.2 (Plaintiff No.2) New Jubilee Insurance Company Ltd. being the insurer of the said Vessel, by virtue of the letter of abandonment by the insured, instituted the suit for a decree for Rs. 73,311/- against the defendant, along with other reliefs. In the suit it was st......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ...... and style of Pioneer Navigation Company. Plaintiff respondent No. 2 the insurer of the said vessel, by virtue of letter of abandonment executed in favor of the insurer by the said owner and the Industrial Development Bank of Pakistan, the mortgagee upon full settlement of the loss, became entitled ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
.... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
......id scheme was that the losses and unabsorbed depreciation of the Said two British Companies as assessed upto the date of transfer would pass to the appellant Company. The assessment of R.S.N. Co. Ltd for the year 1947-48, the previous year being Calendar year 1946, was made in Pakistan on 29.3.52. T...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
...... was considered by a Bench of the High Court Division, to which one of us was a party, in the case of c where it has been held that to decide whether there has been a complete merger of the trial Court's decree in the decree of the appellate Court, the question is to be determined with..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....b-paragraph 2(2) of paragraph 10 which provides that nothing in paragraph (1) shall prevent the making of any law varying or revoking the conditions of service (including remuneration, leave, pension rights end rights relating to disciplinary matters) of persons employed at any time before commencem......d Movement Officer, Tejgaon, required the petitioner to explain, under his Memo. No. T.Ju 589 dated 16th March, 1974 as to why exemplary and severe disciplinary action should not be taken against him for giving excess delivery of 5 mds 7 seer and 8 chattaks of sugar in two bags by refilling in wheat......l clearly demonstrate that the petitioner was absolutely innocent and was caught in the trap conceived and designed in order to implicate him in departmental proceedings affecting his reputation as a fair and honest officer. The petitioner also submitted that in view of past record of service which ......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
.... Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pass laws regulating the terms and conditions of service. It is the inherent right of the Parliament and for that matter of the supreme law-making body, to regulate the time of ......e the service conditions of the public servants Legislature has been given wide power to pass laws regulating the terms and conditions of service. It is the inherent right of the Parliament and for that matter of the supreme law-making body, to regulate the time of retirement of the government......l clearly demonstrate that the petitioner was absolutely innocent and was caught in the trap conceived and designed in order to implicate him in departmental proceedings affecting his reputation as a fair and honest officer. The petitioner also submitted that in view of past record of service which ......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....ca Collectorate was taken in lease for construction of residential buildings by one Rashik Chandra Basu under registered deed dated 9-3-1932 for 29 years from 1st April, 1932 to 31st March, 1961 with right to successive renewal of settlement for further period of years and all rights of transfer, as......rder dated 22nd September, 1973 passed by the Additional Deputy Commissioner, Dacca purporting to resume the land in holding No. 118, Segun Bagicha, P.S. Ramna, Dacca on cancellation of the lease and forfeiting the same along with buildings thereon with effect from 18th September, 1973. The pet......nt then on the expiry of the lease he shall be entitled to successive renewals of settlement for farther period of years under such terms as may be offered to him and on payment Of such rent (being a fair rent) as may be assessed. It appears that in view of compliance of the requirement of mutation ......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....held that a Nikah Registrar is a public servant as, according to their view, a person charged with the duty of making any authenticating documents and registers necessary for the ascertainment of the rights of people within the meaning of the tenth clause of section 21 of the Pakistan Penal Code as ......ate filed a petition of complaint in the Court of sub-Divisional Officer (South), Dacca against the appellant to the effect that he withdraw compensation money amounting to Tk. 37,147/50 awarded for acquisition of certain plots of land in Land Acquisition Case No.20 of 196061 without any knowle......our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......rge-sheet was submitted against the appellant on 31-7-69 under sections 420 and 409 of the Penal Code and later the case was transferred to the Court of Mr. I. H. Chowdbury, Magistrate, 1st Class for trial. After examination of 7 witnesses the case transpired to the Magistrate to be one under sectio..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
....took the plea that the amount was deposited in wrong Head and sanction of the Accountant General was necessary for payment of the amount to the plaintiff. The conduct of the officers of the defendant rightly caused surprise to the learned Subordinate Judge, for the irregularity could not be rectifie......964 (W P) Karachi 290; Alep Shah Fakir Vs. Muhammad Amud Ali Munshi 7 D.L.R. 603; Kumar Pramath Nath Roy Vs. Nawabzada Syed Ali Mirza and others 2 D.L.R. 319; Province of Bengal Vs. Board of Trustees for Improvement of Calcutta AIR 1946 Cal. 416.
Lawyers Involved:
S. C. Das with Zahir Ahem......ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
......plaintiff, so the plaintiff filed, the suit claiming in all a sum of Rs. 3, 28,790/8/3 from the defendants.
5. The plaintiff Nos. 2 and 5 filed two separate written statements but at the time of trial they did not appear or contest the suit provision of Bengal which was initially defendant No. ..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....d not under the aforesaid S.R.O. 49 (R)/66 or the act of 1950 is not validated under Section 7 or Act III of 1967. Bangladesh was substituted for the Government of Pakistan to undertake the rights and liabilities which arise under these appeals. 14. Mr. K. A Bakr, Attorney-General for......iya Vs. Amit (1965) 3. AER 701; Prov. of E. Pakistan Vs. Serajul Huq Patwari, (1967) 19 DLR 281; Sheikh Pir Muhammad Vs. Khulna Municipal Committee (1967)19 DLR (Dae.)55; Shanmugha Oil Mill Vs. Coimbafore Market Committee, AIR 1960 Mad. 162; Kunnathat Thathunni Moopil Vs. State of Kerala AIR 19...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......eal No. 22-D of 1968) East Bengal Steel Re-Rolling Mills Ltd. Khulna & another……….Respondents (In Civil Appeal No. 23-D oh 1968) East Bengal Trading & Industrial Corporation Ltd., Chittagong and another....Respondents (In Civil Appeal No. 24-D of 1968..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....epting that relating to procedure, and change of forum of appeal being a matter of procedure section 30 is retrospective in operation; (2) if the amendment is said to affect the substantive right, then the intention of the legislature to make the statute govern the pending proceedings is d......, convicting the appellant under section 25(1) read with item 6 of the Schedule and section 2(b) of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Taka 1000/-, in default, to suffer rigorous imprisonment for six m......bligation, otherwise than as regards matter of procedure, unless that effect cannot be avoided without doing violence to the language of the enactment. If the enactment is expressed in language which fairly capable of either interpretation, it ought to be construed as prospective only”. 2...... P. S. Case No.23 dated May 19, 1974 at about 22-00 hour was registered. Police after, investigation submitted charge-sheet, on the basis of which cognizance was taken by the Special Tribunal. At the trial the appellant pleaded not guilty to the accusations and the charges and he claimed to be tried..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....t a 'worker' within the meaning of section 2(m) of the Labour Dispute Act. It was also contended that the termination was under section 19 of the Standing Orders Act, which gives the employer right to terminate the service of their worker without assigning any reason. The allegation of victi...... was that Nurul Absar was an active member of the Union and was its Unit Representative of the Chittagong Circle, and that he took active part in the union matters, and so the employer victimised him for his trade union activities. 3. The appellant's contest centred round the maintainabilit......al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ......r right to terminate the service of their worker without assigning any reason. The allegation of victimization was denied. The appellant also denied that Nurul Absar was a unit representative. At the trial the respondent union examined 3 witnesses and the appellant one, the Manager of the company. T..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......belongs to Mr. Salamat Khan the appellant. Over the demarcation of a common boundary dispute arose between the parties and Mr. Ahad, the Respondent approached the Deputy Commissioner, Chittagong for demarcation of that boundary and Miscellaneous Case No.1 of 1967-68 was staged and a surveyor ap......es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......rdinate Judge and he was called upon to put in his objection. He did raise several grounds of objection but this question was never raised. On the contrary, his objection, which was found by the trial Court barred by, limitation, described Mr. Z. Abedin Chowdhury as the sole arbitrator, an..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....declares the law of damages arising from breach of contract. Regarding section 73, the Privy Council in Jamal Vs. Moola Dawood and Sons AIR 1915 P. C. 48 has held that "it is but declaratory of the right of damages." 8. An analysis of section shows that, when it is found that a party to ...... decree passed by a Bench of the High Court of East Pakistan in a First Appeal affirming the judgment and decree of the Subordinate Judge, Chittagong against the defendant-appellants in the suit for damages for breach of contract. 2. The plaintiffs A. R. A. G. Limited are respondents: The ......of rests on facts and circumstances of each case. If there is no market on the due date, or no direct evidence is forthcoming, the court is not precluded from arriving at the real rate that can fairly be gathered from the evidence and circumstances of the case. The High Court acted well with...... Privy Council 196: Sridhon Vs. Gordhandas, 26 Bombay 235 ; Hajee Ismail Sons Vs. Wilsons & Co. 41 Madras, 907 Ramdhandas R. Kisson Prim Vs. Kishori Girm, AIR 1954 Orissa 254; Pakistan Industrial Development Corporation Vs. Aziz Quroshi, PLD 1965 Karachi 202. Lawyers Involved: ..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ......arest rival candidate, Respdt. No. 2 and in due course went into office but Respdt. 2 challenged his election by filing an election petition on certain grounds and made an application to the Tribunal for appointment of a Pleader Commissioner to count the ballot papers. The application was allowed an......rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ......issioner for counting ballot papers, far less, for determining their validity. Under Rule 61-A of the Election Rules, a petition is to be tried as far as possible in accordance with the procedure for trial of a suit under the Civil Procedure Code and under Rule 61-B the Tribunal has got all the powe..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....sequent impossibility to check and verification of the accounts, income, profits and gains of the assessee cannot properly be deduced therefrom. Thus it comes out that the authorities below have rightly rejected the trading account of the assessee and have estimated his income judiciously on th......(1) of the Incomr Tax Act as amended by the Finance Order, 1972. And In the of: Application No. 39 of 1973 ) Judgment Ruhul Islam J. — By this application the assessee-applicant prays for deciding a question of law arising out of the order dated the 21st July, 1973 passed by the Inco...... accounts produced by the assessee on the ground that they are not genuine. If he proposed to make an estimate in disregard of the evidence oral or documentary, led by the assessee, he should, in all fairness disclose to the assessee the material on which he is going to found that estimate. He is no......ot;best judgment" principle. It is true that formulation of an assessment is not in a strict sense, a judicial proceeding, but the method of inquiry and the ultimate decision have resemblance to trial and verdict. Thus the procedure of assessment is very often discreted as "quassi judicial..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
.... rejection on merit. Mr. A. Hamid, the learned Advocate for the defendant opposite party on the other hand, has contended that in the facts and circumstances of the case the learned Munsif acted rightly in allowing the application under section 151 C P. C. and has cited 4 DLR 621, 14 ......iruzzaman under Order 9 rule 4 and section 151 of the Code of Civil Procedure restoring his Misc. Case No. 2 of 1967 filed by him under Order 9 rule 13, Civil Procedure Code, for setting aside the ex parte decree which was obtained by the plaintiff petitioner before me. ...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
....papers. 10. Thus on an examination of the evidence, facts and circumstances of the case we are satisfied that the guilt of the appellant has been well established and that the appellant has been rightly convicted and sentenced by the learned Magistrate. We uphold the conviction of the appellant......l Magistrate, Pabna, in G. R. Case No. 264 of 1973 convicting the appellant under section 19(f) of the Arms Act read with P. O. 50 of 1972 and sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Tk. 500/- in default to suffer rigorous imprisonment for another......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ......red from their house and that they have been falsely implicated out of enmity and grudge. Prosecution examined 7 witnesses and defense examined I witness. The learned Special Magistrate held the trial in a summary way and on consideration of the evidence convicted and sentenced the appellant as..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
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