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Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....ddin Khan..................................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: The rule is made absolute. Suspension of Government servant – Rule II of Government Servants (Discipli......llegations, the petitioner moved this court and obtained the rule but no ad-interim order staying the operation of the impugned order was passed. 3. In the affidavit in opposition (here in after called the affidavit) sworn by the secretary, Ministry of Civil Aviation and Tourism it was stated t......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Salehuddin Khan..................................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....he learned Munsif Second Court, Narayangonj in a suit for partition. The plaintiff's case may briefly be stated as follows: That the suit property originally belonged to Gour Majhi who had 2 sons namely, Defendant No. 1 and Nagar Mondal. Nagar Modal predeceased his father leaving the plaint......deration of irrelevant evidence. 5. In the instant suit there was no dispute that Gour Majhi was the original owner of property in question. There was also no dispute that there existed a person called Nagar Mondal, the father of the plaintiff. The issue was whether the said Nagar Mondal was th......d at causing any error of law or procedure affecting the merits of the case. It could not be said to be a finding arrived at without consideration of the material facts and circumstances on which the trial Court based its decision. The finding as no the ancestry of a party is a finding of fact and n...... Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....am Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD (AD) 140; State of Mysore Vs. Padmanabhacharya, AIR 1966 SC 302; Shahabuddin Vs. Pakistan, PLR 1957 Kar 854; Ramkrisna Da......ther rule 4 of the Government Servants (Seniority of Freedom Fighters) Rules, 1979 whereunder two years antedated seniority has been granted to all freedom fighters employees of the Government can be called to be a rule regulating the appointment and conditions of service of persons in the service o...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......nts Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....hers…………………………………Opposite Parties Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 D......for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ......rd to the question whether an application for pre-emption under section 96 of the State Acquisition and Tenancy Act 1950 (hereinafter referred to as the Act) would fail in absence of a finding by the trial Court as to the eligibility of a pre-emptor U/S 90 of the Act to pre-empt a transfer have been......ip;………………Opposite Parties Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Abdur Rahman Vs. Baser Ali and others, 21 DLR..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
.... other……………………………Petitioner Vs. Abdul Halim Molla & others………………………Opposite party Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, ......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ...... to the question whether an application for pre-emption under section 96 of the State Acquisition and Tenancy Act 1950 (hereinafter referred to as the Act) would fail in absence of a finding by the trial Court as to the eligibility of a pre-emptor u/s 90 of the Act to pre-empt a transfer have been......, 1981. Result: The Rule is made absolute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280;; Anwara Begum Vs. Maimuna Khatun Chowdhury and others, 21 D.L.R. (Dacca) page 599; Akhtarun Neesa and another Vs. Habibullah & ors., 31 DLR..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....y time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the Court a decree that the mortgagor shall be absolutely debarred of his right to redeem the property, or a decree that the property be sold. I......terest of persons who have acquired such a right.” From the facts of the case it is clear that defendant No. 1 did not acquire any right from a proprietor or a tenure-holder, nor can he be called a successor-in-interest of the heirs of Md. Jan. Chunnu Bepari was neither a proprietor nor a......ainable in its present form and it was barred by limitation and under the provisions of Non-Agricultural Tenancy Act and also under section 106 of the, Transfer of Property Act. 4. The trial Court decreed the suit. On appeal by defendant No. 1 the Court of appeal below affirmed the de...... Mortgage Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the C..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....suit for reconveyance of land in suit. 2. The plaintiff's case in short is that the land id suit originally belonged to his father. While his father was in possession of the same as owner he sold the suit land to defendant No.1 for a consideration of Tk. 1000/- by a registered deed, dated 2...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ......on contest with costs. 4. At the appellate stage Performa defendant Nos. 2-8 appeared claiming their share to be reconveyed. The court of appeal below however reversed the finding of the learned trial court on a finding that the said agreement to reconvey, entered into between the father of the...... Vs. Kudrat Ali Miah & ors.........................Death-Respondents Judgment December 7, 1981. Result: The appeal is allowed. Cases Referred To- Tazal Hoque and others Vs. Affan and others, 17 D.L.R. Dacca at page 613; Jalil Ahmed Vs. Raish Mia, 20 D...Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....……Respondent Judgment November 17, 1981. Result: The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitioner in person. MA Manna, Advocate— For the Respondent No.3. Syed Ishtiaq Ahmed and Khondker Ma......few words of my own. In course of hearing of this petition several points have come up for consideration of the Court and in course of our perusal of the Bar Council Order (hereinafter called the Order) we have also observed certain anomalies and discrepancies. 2. As is now ......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ...... The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitioner in person. MA Manna, Advocate— For the Respondent No.3. Syed Ishtiaq Ahmed and Khondker Mahbub Uddin Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....e guided by the principles laid down in chapter II of S.R. Act--Direction is such suit is regulated by law--The discretion is not wide enough to vary the terms of a contract without assigning good reasons for the variation. Specific performance-Variation of contract Variation made in the d......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......between the parties can be varied to the disadvantage of the plaintiff while decreeing the suit for specific performance of contract; (2) when there is no appeal against the judgment and Order of the trial court could a party seek a review for clarification of an incidental and consequential Order; ......-It was incumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....f the Penal Code provides that in an appeal from a conviction the appellate court "may alter the finding" "Finding" means the result of a judicial examination, specially into some matter of fact. The expression "may alter the finding'' clearly empowers the appel....../- . P.W. 2 Hamidul alias Khendela Md. was driving the bullock cart. The house of Matiar Rahman is by the side of the road. When P.W.1 Abdur Rouf reached near the house of deceased Matiar. Rahman, he called him (the deceased). P.W. 1 Abdur Rouf got down from the bullock cart and proceeded towards a ......an. P.W.11 Dr. M.A. Sattar, Assistant Surgeon, Dinajpur Sadar Hospital held post mortem examination on the dead body of Matiar Rahman on 1-9-69. Sub-Inspector Abdus Salam (who was dead at the time of trial) investigated into the case and submitted chargesheet against accused appellant Nabiruddin ali...... into some matter of fact. The expression "may alter the finding'' clearly empowers the appellate court to consider the entire evidence against the accused appellant both as regards fact and law and to substitute its own finding…….(8) Cases Referred To- Imran Ull..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....ion of Good Faith in Human Transaction as a Presumption of Innocence in Criminal Matters— The burden of proving every species of bad faith such as fraud, collusion, misrepresentation, impersonation, undue influence, absence of consideration rests on the person who asserts the same and onl......affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ...... suit by filing a written statement controverting all the material allegations made in the plaint asserting, inter alia, that the sale deed in his favor was duty executed on proper consideration. The trial court dismissed the plaintiff's suit. On appeal, the lower appellate court concurring with...... Reported in: 34 DLR (HCD) (1982) 255 ..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
.... November 3, 1981. Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali, Advocates— For the Appellant. Mashuque Hossain A......971) on 2-8-71. The Ansars Act, 1948 was repealed by the said Ordinance and a voluntary force was sought to be raised which would be known as the Razakars. The Ordinance up-where connects the so-called Peace Committees with the recruitment, training, organisation and operation of Razakars. Ther......hat everything was done under the order of the accused. The accused appellant who was conducting his own case also before the Special Tribunal objected to the examination of P.W.9 at the time of trial on the ground that P.W.9 was neither named in the first information report nor was he cited in...... Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali, Advocates— For the Appellant. Mashuque Hossain Ahmed, Advocate— ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....defendants entered into a contract to sell certain immovable properties. The contract was signed by the mother for herself and for her minor daughter Chilia Randolph and the defendant 3 the step-son of defendant 1 signed the contract on his own behalf. This contract contained schedule of land ......t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ......er, executed a kabala in favour of the plaintiff on 27.1.1961 for his 1/3 rd share and the same was registered. The defendants 4 and 5 were subsequent purchasers with notice of the contract. The trial Court framed issues namely, whether the agreement is genuine and whether the plaintiff is e...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Archana Proshad Nandi.....................Appellant Vs. Miss Chilia Randolph and others................Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....urt Martial except on limited grounds of Coram non judice and malafide— The jurisdiction of the High Court Division in an application in the nature of Habeas Corpus is to see if a person in custody is there in pursuance of any lawful authority and when a person is serving out an ord......ill depend on the facts and circumstances of each case, but then it is not so vague as to rob it of all meanings. Malafide, must be alleged, and facts constituting malafide are to be stated, and when called upon by the Court, the party alleging malafide must establish it by affidavit or otherwise. I......in Belgium contrary to Belgian Law, and his arrest was not in compliance with the provisions of Section 154 of the Army Act It was also contended that, the delay in ringing the applicant to trial was oppressive. It was held that, if a person is arrested abroad and is brought before a Court......Vs. Bangladesh & Others………………………….Respondent And Mrs. Mamata Ahmed on Behalf of Capt. A. Z. Ghyasuddin Ahmed and Ors……..Appellants Vs. Bangladesh & Others……&hell..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....6, 87,90, 91, 112, 133, 134 and 135 of 1980, 65 & 96 of 1980, 155 of 1980. Judgment Mustafa Kamal J.—These eighteen Rules under Article 102 of the Constitution were obtained by persons owning various plots of land in Mouza Ramchaadrapur under P.S. Mohammadpur, district Dacca, cha...... Improvement Trust prepared a Master Plan for Dacca City under the Town Improvement Act, 1953 with the approval of the Government. In the master plan some areas are shown as low lying areas which are called "unzoned area". The area under the instant L.A. Case No. 54/77-78 falls within the ......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......afa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....blic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dacca...........Respondents
Judgment
July 23, 1981.
Result:
The Rule is made absolute.
Passport Act (XXXIV of 1920), ss.3, 4, 5--Bangladesh Passport Order (P.O. 9 of 1973), A......ticle 102 of the Constitution the petitioner, Zamiruddin Ahmed, constituted attorney and sister's husband of Air Vice Marshal M.G. Towab (Retired) (hereinafter referred to as Towab) has called in question the impugned act of refusing Towab to reenter Bangladesh or his expulsion therefr......er of Suri and others, AIR 1956 Cal 456; Management Board Vs. Shaha Golam Nabi and others (27 DLR (AD) 156); Mritun Joy Paul Vs. Province of East Pakistan (PLD 1963 Dac 754); Sind Industrial Trading Estate Ltd. Vs. First Assistant Judge, Hyderabad, W.P. (PLD 1960 Kar 826); Sabir ...... by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On the..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellants. Facts are that accused Amatun Nessa (acquitted since then) inherited 283/4 decimals of land which she sold to the appellant and his cousin by a registered sale-deed dated July 18, 1975 on consideration ......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......appeal by special leave is from an Order of acquittal passed by a Single Judge of the High Court Division on April 12, 1979 in Criminal Appeal No. 48 of 1979. 2. Accused -respondents were put on trial before the Sessions Judge. Bogra, to answer a charge under Section 467 read with Sec......ating of a Kabala to show that it was executed earlier to defraud the holder of the earlier Kabala amounts to forgery. Lawyers Involved: M. Golam Rabbani, Advocate, instructed by B.C. Panday, Advocate-on-Record— For the Appellant Fazlul Karim, Sr. Advocate, instructed by&nb..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Bengal Water Ways Ltd & Another
.... Result: Appeal dismissed Companies Act (VII of 1913), Section 162. Winding up of Private Company It is well settled principle that a private limited company can, if circumstances so permit, be would up on the principles of dissolution of a partnership firm……&hellip......irector of the Company. 7. Further case if respondent No. 1 is that the last Annual General Meeting of the Company was held in December, 1969 and since then no General Meeting of the Company was called and the Managing Director began to run the Company ignoring the Law, rules and the Board of D......ither audited nor submitted to the Board of Directors, that all assets and properties of the company were mortgaged to respondent No. 2, Bangladesh Shilpa Rin sangstha, successor of the Pakistan Industrial Credit and Investment Corporation (PICIC). The creditor Shilpa Rin Sangstha filed an applicati......ormula of the principle of 'just or equitable' clause— Whether or not there are equitable considerations for the application of the Principle must necessarily depend upon the facts and circumstances of each case and the judicial discretion of the court. The allegation made by resp..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
.... of 1972 Judgment M.H. Rahman J. — This appeal by the defendant has arisen out of a suit for specific performance of contract of reconveyance. The plaintiff's case is that he sold the suit land to the defendant for Rs. 3000/- by a registered deed on 13th As win 1370 B. S. on......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......of reconveyance inserted as 30th Kartick instead of 30th Bhadra 1374 B. S. in collusion with the deed-writer: and that the consideration money was not tendered within the stipulated time. 3. The trial court decreed the suit holding that the defendant executed the conveyance voluntarily and that......others.......Respondents Judgment June 30, 1981. Result: The Appeal is dismissed In ascertaining the Period of Time the General Expression is to be Ignored when the Beginning and the End of the Questioned Period of Time is clearly Specified and Dated— The relevant..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....age and /or penalty for the default of the supplier is a question between the purchaser and the supplier. The bank cannot raise this plea. The question as to what part has not been performed is not also relevant……..(7) Cases Referred To- Trading Corporation of Bangladesh Vs. ...... is unconditionally bound to make pay the amount on demand Bank guaranteeing satifactory performance of contract by seller. Seller defaulted in delivering goods within stipulated time. Purchaser called upon the bank to credit the guaranteed amount to its account. Bank refusing to comply contend......fened this appeal. 2. Mr. Asrarul Hossain, learned Advocate for the appellant has assailed the judgment of the learned Subordinate Judge on several grounds. The learned Advocate submits that the trial Court has failed to appreciate the evidence adduced by the contesting defendant and has commit...... Ranadhir Sen J Md. Altaf Hossain J Pubali Bank…………………….. Appellant Vs. Bangladesh Agricultural Development Corporation and another………Respondents Judgment June 30, 1981 Result: Th..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
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