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Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....by the plaintiff of the suit in question taking two grounds, one being that facts of the case do not attract the jurisdiction of the Company Judge and the other being that even if the jurisdiction is so attracted, the case having been already pending in the High Court Division the provision for tran......irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ...... Shahabuddin Ahmed J.— The High Court Division by an order dated April 22, 1975 passed in Second Appeal No. 164 of 1965 set aside the concurrent judgments of the lower appellate court and the trial court in a suit for declaration of title and possession and transferred the case to the Compan......is also Reported in: 1 BLD (AD) (1981) 421 ..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
......Appellants
Vs.
Kingfisheries Industries Ltd. and others..............Respondent
Judgment
June 17, 1981.
Result:
The appeal is disposed of.
Public Servant Disobeying Court's Order
Contempt of Court-
Lawyers Involved:
Syed Ishlicq Ahmed w......ttorney General (Criminal), both of whom have categorically submitted that the General Manager in the facts and circumstances of the case, was guilty of wilful disobedience and gross negligence which called for exemplary punishment.
12. The order of the court below was clear and unambiguous. Th......er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
......;
..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....d Deputy Attorney general (Criminal) appeared in the matter to assist the court. 2. It appears that the appellant was convicted and sentenced by a Summary Military Court to undergo rigorous imprisonment and to pay fine. The appellant was, however, released under the General Order of Amnesty pro......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......y issued by the government covered the sentence of fine as well and as such the appellant was not liable for the fine. The learned Deputy Attorney General has. however, argued with reference to the Matrial Law Regulation No. 2 (c) that the Summary Military Courts established under the Martial Law Re......s dismissed Code of Criminal Procedure (V of 1898); Section 386 Army Act (XXXIX of 1952); Section 142 Sentence of Fine Imposed by Summary Military Court - Whether Such Fine is a Decree and Can be Executed through Civil Court— In relation to the provision of Army Act which h..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....nt April 30, 1981 Result: Appeal is dismissed Government of Bangladesh (Services Screening) Order, 1972 – Whether Three clauses of Art. 5 (b), to be read conjunctively so that conduct or activity which was not in exercise of power or in discharge of duty of a governme......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ...... 27). In paragraph 24, it is mentioned that the Screening Board in spite of full knowledge of the identical allegations brought against the petitioner in the Special Tribunal case, proceeded with the trial of the case despite the timely objection filed by the petitioner both orally and in writing an......of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first part deals with collaboration, the second part deals with the of ideology of Pakistan and the third part deals with the support of the elements inimical to the liberation struggle or cre..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....d separately from what is charged by way of tax on the annual value on the building and lands. Keeping this decision in view the High Court Division directed the appellant to assets the municipal tax so as to bring them into conformity with the relevant maximum ceiling prescribed by the Model Tax Sc...... the Building Tax shall not exceed seventeen percent even when annual value exceeds Rs. 10600/. 9. For the fuller appreciation of the controversy, it seems to me that some of the details is called for which speaking with utmost respect did not attract the consideration in the previous......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dacca Municipal Corporation………………….Appellant Vs Sonali Bank and Ors…………………………….Resp..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
....st a Banking Company. Section 63(9) of the Ordinance further empowers the High Court to entertain an application under section 63(3) of the Ordinance after the statutory period of limitation, if so thinks fit. The learned Subordinate Judge has suite unnecessarily embarked on a discussion a......e of Civil Procedure in an execution proceeding. 2. We have heard the learned Counsel for the appellant and perused the impugned order. No one has appeared for the respondent when the matter was called on for hearing, although we find the appearance of one learned Advocate for the respondent on......nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......n order passed by the Subordinate judge allowing an application under section 47 of the Code of Civil Procedure in an execution proceeding. 2. We have heard the learned Counsel for the appellant and perused the impugned order. No one has appeared for the respondent when the matter was called on..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
.... September, 1977. 2. Leave was granted for examining the question as to whether the High Court Division correctly interpreted the provisions of the Urban Immovable Property Tax Rules, 1957 and also whether the said Rules could be applied retrospectively, once the assessment had already been don...... Municipal Rules apply to the holding, the Assessing Officer did not correctly apply the said Rules in this case. 7. It was also respondent's contention that the Oil Reservoir Tank cannot be called a 'holding' so as to bring it within the operation of the Urban Immovable Property Ta......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......ult: The appeal is dismissed Urban Immovable Property Tax Rules, 1957, Rule 10 Rule 10 gives power to amend or alter the valuation only in cases where assessment is yet to be completed and tax is payable. It does not give power to re-open a closed assessment………&he..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
.... the respondent No. 2 is a worker within the meaning of the said Act. 4. The point raised is an important question. Though the High Court Division had summarily dismissed the petition yet the reason given in the judgment, on scrutiny, appears to be a circuitious one. To quote from the High Cour......r (Standing Orders) Act and since DIT is a commercial establishment or industrial establishment within the meaning of the meaning of the Employment of Labour (Standing Orders) Act, no interference is called for. 3. Leave was granted to consider whether the DIT is a commercial establishment or i...... Terms and conditions of the employees of Dacca Improvement Trust are regulated by Town Improvement Act and rules framed thereunder— Dacca Improvement Trust is not a commercial or indurstrial establishment and its employees are not workers within the meanting of Employment of Labour (S...... Vs. Chairman, 2nd Laour Courts & Another……………….Respondent Judgment January 12, 1981 Result: The appeal is allowed. Terms and conditions of the employees of Dacca Improvement Trust are regulated by Town Improvement Act and..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....8 of 1976 Judgment K. 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 appellants for the grant of Letters of Administration on the ground that the propert......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......dministration and the moot question raised on behalf of the Enemy Property Authority was that in view of the notification of 3rd December, 1965 the Letters of Administration could not be granted. The trial Court found the will genuine and granted Letters of Administration. On appeal a Division Bench......………………………Respondents Judgment January 8, 1981 Result: The appeal is allowed. Case Referred to- M/s. Dulichand Omraolal Vs. Bangladesh 1981 BLD (AD) 1. Lawyers Involved: MS Dilichand Omraolal..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... Minister of Agriculture, Fisheries and Food, (1968) 1 All E.R. 694; Shymlal Vs. State of U.P. AIR 1954 SC 369; State of Bombay Vs. Saubhagehand M. Doshi, AIR 1957 SC 891; Shiva Charon Vs. Stare of Mysore, AIR 1965 SC 280; Toro Singh Vs. State of Rajasthan, AIR 1975 SC 1487; Kripa Ram Gupta Vs. R.K.......ants and to provide for matters connected therewith; It is hereby enacted as follows:— 1. Short title and commencement. — (i) this Act may be called the Public Servants (Retirement) Act, 1974. (2) It s...... constituted or established by or under any law and includes any other body or organisation set up by the Government; (b) "nationalised enterprise" includes any commercial or industrial enterprise, bank, firm, tea estate or any other enterprise owned by or vested, in the Governme......SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chowdhury Vs. Province of East Pakistan, PLD 1957 SC 9;Kunnothat Thathunni MoopilNair Vs. State of Kerala, AIR 1961 SC 552; East and West Steamship Vs. Pakistan, PLD 1958 SC 41;Matajoy Dobey Vs. H.C. Mare, AIR 1956 SC 44; Padfiel..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....ce of adverse appellate decree. For proper appreciation of this question relevant provisions of law are quoted below: — Section 144, Civil Procedure Code. "S. 144(1) Where and in so far as a decree is varied or reversed, the Court of first instance shall, on the application of a......reversing the judgment or order should provide for this and if it does, execution may issue upon it in the ordinary course. If the order does not so provide, another order may be made, or a writ called a writ of restitution be issued, commanding the judgment creditor to restore the propert......s under Art. 181 from the date of the final decree when appeal is preferred from appeallate decree of reversal and not from the date of the decree of first appellate Court reversing the decree of the trial Court-Limitation Act (IX of 1908), Art. 181 In a case where second appeal is filed challe......he recovery of the fruit of a decree passed earlier but subsequently reversed. Application for restitution is an application for which no limitation has been specifically provided for in the law and as such it attracts the residuary provision of Art. 181. A restitution application is not an app..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....tained and therefore the respondents did not acquire title to the suit premises and dismissed that suit. S.C.C. Judge had no jurisdiction to go into the question of paramount title, and in doing so to set aside the decree of a civil Court obtained by predecessor of the plaintiff in a suit for s......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ...... the deposit of rent with Rent-Controller. Several issues were framed and the important one being the relationship of landlord and tenant between the plaintiffs, and principal defendants 1 and 2. The trial Court on the question of jurisdiction and the value of the suit found that, the defence c......e Court Suit Respondents filed S.C.C. suit for eviction of appellants from suit premises claiming title to the premises on the basis of a decree for specific performance passed against the landlords of the appellants. Appellants challenged the title of respondents contending that the ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
....ed-respondents in exercise of powers of review conferred upon it by Regulation No.4(4) of Martial Law Regulation No.1 of 1975. 2. Respondents were tried by Special Martial Law Court No. IV at Jessore on a charge under section 396 of the Penal Code; they were acquitted of the charge by an order ......he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......nvert an acquittal into conviction. The Regulation is quoted below: "Reg. 4(4). The Government may, on review, set aside, vary or modify any order, judgment or sentence or make orders for retrial or such other orders as he deems necessary for the ends of justice". 5. The learned ......;…………………………………………………….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, 1980. Result: ..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....llip;Petitioner Vs. Chairman, Bagladesh Chemical Industries Corporation & another……..Respondents Judgment November 21, 1980 Result: The Rule is made absolute. An employee of a statutory corporation is a State employee An employee of a corpor...... 152(1) of the Constitution are read and considered together. The petitioner being an employee of a corporation set up under the authority of P.O. 27 of 1972 is an employee under the State to be called a State employee as such…....(6) Lawyers Involved: Md. Nurullah with Mahbubu...... by or under any legislative enactment are concerned, their rights and obligation particularly in non-managerial field are governed by various legislations relating to shops, commercial and industrial establishments and other relevant organisations and institutions. 8. It is only in case o......ory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutory public authority given in Art. 152(1) of the Constitution are read and considered toge..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....d by the petitioner No. 1 Abdul Bari on 29-3-76 at Derai Police Station alleging murder of his daughter Banecha Bibi, GR. Case No. 170 of 1976 under sections 302/34/109 was started against 13 persons. A competent Magistrate after holding an enquiry under Chapter XVIII of the Cr, P.C. commi......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......n Crl. Motion No. 9/111/79 setting aside an order of a Magistrate, 1st Class of Sunamganj passed on 29-6-79 in C.R. Case No. 769 of 1976 and directing him to send the case to the Court of Session for trial. 2. On a First Information Report lodged by the petitioner No. 1 Abdul Bari on 29-3-76 at......-1-80 passed by the learned Additional Sessions Judge, Sylhet in Crl. Motion No. 9/111/79 setting aside an order of a Magistrate, 1st Class of Sunamganj passed on 29-6-79 in C.R. Case No. 769 of 1976 and directing him to send the case to the Court of Session for trial. 2. On a First Information..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....lip;…… Petitioners Vs. Bangladesh & others……………..Respondents Judgment September 11, 1980. Result: The rule is made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Kairul Huq, Advocates-For the petition......on fees of the school and in terms of the composition of the Managing Committee of the School. In this connection it may be mentioned that the petitioners have made a specific allegation that so called principal of the school who is alleged to be the Secretary thereof gets a salary of Tk. 5000/...... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30. ......udgment Syed Muhammad Hussain J. - This rule arising out of an application under Article 102 of the Constitution is directed against an order passed by the Additional Deputy Commissioner, Land Acqusition, Dacca on 19-7-77 requisitioning the premise at 85 Kakrail, Dacca for the acconmodati..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....ip;…………… Respondents Judgment August 27, 1980 Result: The appeal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such power of attorney empowers a person to execute a d......rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ...... the Kabala Ext. 3(e), and the power of attorney Ext.4 on the basis of which the Kabala was granted, did not confer legal title to the plaintiff. The first appellate Court reversed the finding of the trial Court but on the legality of the document both the first appellate Court and the High Court Di......ent for the principal does not require registration except that its authentication under the law is necessary …………… (5) Whether Power of attorney executed and authenticated by a Magistrate or Notary Public in a foreign country could be acted upon as ..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... Abdul Jabbar Mondal & others ……………………….Opposite Parties Judgment August 26, 1980 Result: The Rule is made absolute Case Referred to- Hakim Moulvi Md. Mahbub Ali Khan Vs. Bharat Indu and others. 23 C...... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56 ......as also an established lawyer and Chairman of Bogra Municipality and that it was difficult to believe that a lady of her status could not have the means of purhasing land worth Tk. 12, 000/ only. The trial Court held that on the face of the recitals of the documents Ext. 1 (a) it did not lie in the ......p;……….Opposite Parties Judgment August 26, 1980 Result: The Rule is made absolute Case Referred to- Hakim Moulvi Md. Mahbub Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; Zinda Ram Lai Vs. Ramrup Das and others. AIR 1935 Pat 231; Promode Kuma..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....…………. Opposite parties Judgment August 6, 1980. Result: The application is rejected. Case Referred to- Paia & Co. S.P.A. Vs. Thurmann Neilson, (1952)2 QB 84; Unimarine S.A. Panama through Local Agent Bengal Shipping Line Limited Vs. Bangl......ion of Mr. Faqir Shahabuddin Ahmed that the properties in the letters of credit belongs to defendant No.1 does not stand on a sound footing. In the exercise of revisional jurisdiction we are not called upon to determine a question of fact as to whether or not the property in the relevant letter...... 17. On a perusal of the application for addition of parties we are not inclined to allow the prayer at this stage. The plaintiff, if necessary, may file an appropriate application before the trial Court for addition of the proposed parties. The application is accordingly rejected. ...... Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: Faqueer Shahabuddin Ahmed with Moazzammel Huq Bhuiyan, Rabia Bhuiyan and Shah Abu Nayeem, Advocates-For the petitioner. S.R. Pal with Anil Chandra Sarker and S.R. K..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
.... sell the disputed household property to the plaintiff and that the agreement in suit is a forged, fraudulent, anti-dated and fabricated document without consideration and that the defendant No.1 has sold for valuable consideration the disputed household property to the added defendant Nos. 3-5......ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......e instant revisional application before us is maintainable and competent. 10. Mr. Rafiqul Huq, the learned Advocate appearing for the petitioners submitted that the amendment allowed by the trial Court has changed the nature and character of the suit, As such the impugned order of the lear......ellip;………. Opposite Party Judgment August 6, 1980. Result: The rule is accordingly discharged. Case Referred to- Durgaprasad & another Vs. Deepchand & others, AIR 1954 SC 75; Methu Vehemandu Vs. Duggiarala Pitchayya, AIR 1946 Mad 497; Thakur..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
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