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Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)

....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......and order passed by a Bench of the High Court Division of this Court in an application filed under Article 98 of the Constitution of Pakistan of 1962 under which the respondent Md. Abdul Majid prayed for a declaration that the notification No. SRO-183(K.)/70 dated the 3rd February, 1970 issued by ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......uted by or under any law or in the former Government of East Pakistan shall be deemed to have vested in the Government of Bangladesh on and from the 26th day of March, 1971." 4. The learned Judges of the High Court Division held that since the had taken the view that the properties and ass..

Category: Property Law | Date: | Hits: 125

Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)

....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ...... 3 of the Special Powers Act, 1974 because of his alleged prejudicial activities. Prior to the order passed by the vacation Bench on the 12th September, 1974 enlarging the detenu on bail for a period of two months and fifteen days on the ground of his illness, another Bench had issued ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......Supreme Courts of Calcutta, Madras and Bombay (which were established by Royal Charters, in pursuance of the Regulating Act of 1773) were empowered to issue prerogative writs by reason of the Judges of those Courts being vested with the same jurisdiction as the Judges of the King's Ben..

Category: Criminal Law | Date: | Hits: 85

Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)

....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......973. Lawyers involved: Abdul Hamid, Advocate, instructed by B. Hossain, Advocate-on-Record.—For the Petitioner. Not represented—the Respondent. Petition for Special Leave to Appeal No. 30-D 1971. (From the judgment and order of the High Court o......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......able. 4. It was next contended by Mr. Abdul Hamid that the trial of the petitioner; in the absence of sanction for prosecution, was bad in law. This contention was raised before the learned Judges of the High Court who rejected the same relying upon the decisions of the Supreme Court..

Category: Criminal Law | Date: | Hits: 44

Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)

....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ...... by Special Leave arise out of an order passed by the High Court of East Pakistan rejecting summarily an application filed by the appellant under section 215 of the Code of Criminal Procedure for quashing the order of commitment of the appellant to the Court of Sessions to stand trial on a ......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......ourt that the appellant was committed to the Court of Sessions merely on the basis of the confessional statements of the two co-accused and not upon any legal evidence, was repelled by the learned Judges with the following observations: “We have perused the order of commitment..

Category: Criminal Law | Date: | Hits: 60

Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)

....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......udgment of erstwhile High Court of East Pakistan in an appeal and a reference under section 374 of the Code of Criminal Procedure. Criminal Appeal No. 2 of 1973 was filed by an uncle of the person for whose murder the respondents were charged at the trial under sections 148, 302/34 and 307/......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ...... years each and altered the conviction of the other two, to that under section 147 of the Penal Code and sentenced them to suffer rigorous imprisonment for one year and six months each. The learned Judges, however, took the view that section 34 of the Penal Code had no application in the fa..

Category: Criminal Law | Date: | Hits: 39

Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)

....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......O. 50''). For a proper appreciation of question involved in these appeals, it is necessary to refer, at the outset, to the provisions of Article 10 of P.O. 50 and Article 14 of P.O. 8 which, exfacie, forbid the grant of bail to persons convicted of offences under the two Orders. The provision of ......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......n of his appeal is inconsistent with the provision of Article 14 of P. O. 8, it cannot be invoked to grant bail to a person convicted under that P. O. That decision was taken note of by the learned Judges of the High Court Division who, however, took the view that the said decision "requires recon..

Category: Criminal Law | Date: | Hits: 104

Abdur Rashid Vs. The State, 1975, 4 CLC (AD)

....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......and two daughters. After the death of his first wife about 10 years ago. Yasin married Maleka Khatun. Yasin proposed to make a gift of 3 Pakhis of Nal land and a hut to his wife Maleka some time before 5th of Poush, 1374 B.S. bat it was disliked by Abdur Rashid. On Thursday, the 5th of Poush, 13......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......ook about 4 to 5 hours to cover the distance. There were jungles on the way. It was quite probable that Habi Durani escorted his young daughter and his little son to the house of Yasin. The learned Judges of the High Court took notice of the statement of P. W. Siraj in the Committing Court but t..

Category: Criminal Law | Date: | Hits: 66

Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)

.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......in Second Appeal No. 486 of 1964 reversing the concurrent finding of the Courts below and decreeing the suit in favour of the heirs of deceased plaintiff Abdul Latif Bhuiyan who instituted the suit for pre-emption under the Mohammedan Law. 2. Facts in short necessary for disposal of ...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ...... whether there has been payment and delivery of possession, the pre-emption's right in the case of a property valued Rs. 100/- and upwards does not accrue till after registration. The learned Judges observed. "It would be against equity, justice and good conscience to apply in such a c..

Category: Property Law | Date: | Hits: 45

Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)

....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ...... Matter No. 4 of 1969 on March 22, 1973. 2. The appellant filed an application under section 66/1) of the Banking Companies Ordinance, 1962 (hereinafter referred to as the 'Ordinance') for the public examination of the respondent who was the former Secretary of Patuakhali Bank L......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......g grounds:— "1) That the appeal before the High Court Division was incompetent, as it is barred under section 72(3) of the Banking Companies Ordinance, and the learned Judges of the High Court Division were in error in applying the provisions of Companies Act and Cl..

Category: Business or Commercial Law | Date: | Hits: 101

Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)

....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......dhury on charges under section 501 of the Bangladesh Penal Code. The said respondent was convicted by a Magistrate, First Class Sylhet and sentenced to six months simple imprisonment. His appeal before the Sessions Judge was also dismissed. Thereafter, he moved the High Court Division and the ru......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......imple imprisonment. His conviction and sentence were upheld by the Additional Sessions Judge, Sylhet. On appeal to High Court Division his conviction and sentence were set aside by the learned Judges and he was acquitted of the charges under section 501 of the Penal Code. Against this judg&s..

Category: Criminal Law | Date: | Hits: 77

Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)

..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......ile Sakina Bai possessed the 'B' schedule land and structures. Thus, while the appellants were possessing the said land in Ejmali with Sakina Bai the latter sold the B' schedule land and structures for the sum of Tk. 25, 000/- to one Keramat Ali, predecessor in-interest of the respondents Nos. 1-....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......as already settled the point involved in the first question the application under section 24 of the Non-Agricultural Tenancy Act was competent. 7. As regards the second question, the learned Judges after consider ting the divergent views of the different Benches held that the provisio..

Category: Property Law | Date: | Hits: 47

Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)

....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......ppellant, as Sales Officer. The respondent having not joined his assignment on transfer, his service was terminated. 3. This order of termination was challenged by the respondent before the High Court Division in an application under Article 102 of the Constitution. The learned J......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......service was terminated. 3. This order of termination was challenged by the respondent before the High Court Division in an application under Article 102 of the Constitution. The learned Judges of the High Court Division set aside the impugned order of termination holding that the orde..

Category: Employment/Service Law | Date: | Hits: 112

Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)

....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......h Court Division in revision affirming the decision of the Subordinate Judge, Dacca, dismissing the application filed by the appellants under Order VII, rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit is hit by section 133 of the Co-operative S......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......egations the defendants invoked the statutory bar under section 86 read with section 133 of the Act and submitted that the suit is barred under the aforesaid statutory provisions. The learned Judges of the High Court Division did not accept the contention raised by the defendants, because t..

Category: Property Law | Date: | Hits: 60

Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)

....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......onstitution calling in question the demand of arrear tax by respondent No.1. on 31.1.1974 in respect of the declaration of excess income on the grounds that an Administrative Review Application before the Central Board of Revenue was filed bat the result of the said application was not communica......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......eal holding that the arrear tax assessed against the firm not being a Government debt before emergence of Bangladesh is not recoverable by any process of law. This Division observed: "The learned Judges of the High Court Division wrongly concluded that the tax demanded from the appellants is deb..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)

....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......��………………………………. Respondents Judgment January 14, 1981. Result: The appeal is allowed. The Succession Act, 1925 (39 of 1925), section 283 In a proceeding for the probate of a Will what the court is required to see is whether the Will is duly executed......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ...... the Deputy Commissioner was not found to have got any "interest in the property through the deceased testator" within the meaning of section 283 of the Succession Act. It was observed by the learned Judges of the High Court as follows: “In order to entitle a person to come and see the proceed..

Category: Property Law | Date: | Hits: 80

Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)

....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ...... of 1974) ultra vires the Constitution, as finding that the order under challenge is vitiated by malice in law is sufficient to dispose of the appeal. As regards the constitutionality of the section aforesaid. I like to adhere to the wall-established self-set rule which says, the Court will not decl......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......untarily retired. In his supplementary affidavit-in-reply the appellant mentioned that those doctors voluntarily retired because they obtained lucrative jobs in foreign countries. 11. The learned Judges of the High Court Division, after hearing the parties, discharged the Rule on July 29, 1980. ..

Category: Employment/Service Law | Date: | Hits: 180

Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)

....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......ission 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 participation in......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......ion by a three months' notice. It was denied that the appellant’s service was terminated in i971. 9. After hearing the parties, the rule obtained by the appellant was discharged by the learned Judges of the High Court Division on the grounds that the principle of natural Justice was not avail..

Category: Employment/Service Law | Date: | Hits: 104

Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)

.... any lawful authority. Ed. ......red under section 3 of the Ordinance on due approval of the Memorandum of Articles of Association of appellant. The Association, which were amended several times at the instance of the Government before the licence was granted. The chief business of the Association is weighment and measurement on...... any lawful authority. Ed. ......he Rule issued earlier held that the appellant did not acquire any vested right to run the Licensed Measurers Department business because of the clause in the Memorandum of Association. The learned Judges further held that stoppage of Licensed Measurers Department service does not affect the main..

Category: Others | Date: | Hits: 110

Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)

....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......emaluddin Hossain CJ.- The question Involved in this appeal is whether the learned Judges of the High Court Division were correct in dismissing the suit brought by the predecessor of the appellant for the grant of Letters of Administration on the ground that the properly in question being a......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......or the Respondents 1 & 9. Ex-prate.-Respondents 2-8. Civil Appeal No.67 of 1980 Judgment: Kemaluddin Hossain CJ.- The question Involved in this appeal is whether the learned Judges of the High Court Division were correct in dismissing the suit brought by the predecessor of..

Category: Property Law | Date: | Hits: 39

Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)

....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......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 3.8.78 in M.L. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......h much reliance has been placed by Mr. M.H. Khondker lends any real support to the contentions raised by him. On carefully going through the decision in Asma Jilani's case it appears that the learned Judges of the Supreme Court of Pakistan have not followed the view taken in the case of State vs...

Category: Constitutional Law | Date: | Hits: 292

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