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Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....d in clause 3(36) of its memorandum of association is imparting of instruction and traning, theoretical and practical, in the principles and practices of weighment, measurement, storage, discharge of properties of various cargoes meant for export and import and to run measuring. On October 15, 1979 ......Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memorandum of association--Government has the power to direct a registered trade organisation to alter or......authorise any person of organisation to issue certificate of origin or certificate of weighment, measurement or quality of goods which are exported or imported. 7. In spite of Constitutional and legal issues raised by the learned Counsels on both sides, the whole controversy seems to rest on th..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....ent was given and acted upon the appointing authority could not exercise the inherent Power at will. It appears that the learned Judges of the High Court Division have not seen the case from the proper perspective, namely, that the stand of the Government is that the respondent was never s......y;dent was never selected by the Selection Board, but somehow by mistake the appointment letter was issued. In the absence of selection by the Board the appointment was invalid. Between the interview and the date when he got the appointment letter there is hardly anything to show that he was se......e High Court Division made the Rule absolute and the impugned order dated 28. 12. 77 terminating the services of the respondent was declared to have been passed without any lawful authority and of no legal effect. Leave was granted to consider the question whether the appointment letter is..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....mmovable Property Tax Rules, 1957 reads as follows:- "10. Amendment and alteration-The Assessing Officer may amend or alter the valuation arid Tax payable for a holding. (a) by entering any property which in his opinion ought to have been entered or which has become liable to tax after the......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......he respondent was not competent to file the Writ Petition. 12. The High Court Division after hearing the parties made the Rule absolute and the impugned notice was declared to have been passed illegally and without any lawful authority. The High Court Division, however, held drat me Oil Storage..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)
....our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ...... 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...... of 60 days if no decision is taken by the Second Parties within 60 days the First Party is entitled to get full salary. That the Second Parties have kept the First Party under suspension most illegally and without any lawful authority.” 7. He further prayed for a direction on the se..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....e section aforesaid, I like to adhere to the well established self-set rule which says, the Court will not declare a law unconstitutional, if the case in which the question is raised can be properly disposed of in some other way. I, therefore, refrain from striking down the section as......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......ting the statement that the appellant completed 25 years of service appeared in the notice. In his petition under Article 102 of the Constitution the appellant prayed for declaring this notice illegal and having been made without lawful authority and also for cancelling, withdrawing and/or resc..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....f the first appellate Court and restitution takes place during pendency of second appeal, the restitution may be set at naught by the reversal of the decree in the second appeal and possession of the property will change hands once again……. (14, 15 & 17) Case Referred to- ......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......preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....pon, the plaintiffs filed the ejectment suit against them. 3. Defendants 1 and 2 contested the suit, contending that the suit premises belonged to Gurudas Singha. On his death the suit 'property devolved upon his widow Snehalata and his three sons. Plaintiff 4 Akmal Hossain's fathe......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 ......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 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....uring the war of liberation the petitioner was away from the country and after the independence he returned to take over the charge of the Factory Administrator since it was treated as abandoned property. During the period the Factory remained abandoned, its administration was carried on by a l......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......vern any proceeding for punishing a delinquent for committing domestic irregularity of the Corporation as such. In order to decide the aforesaid question it is first of all necessary to ascertain the legal status of the petitioner and secondly to find out what legal punishment the petition..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
....p;……Respondents
Judgment
November 6, 1980.
Result:
The appeal is allowed.
(Emergency) Requisition of Property Act (XIII of 1948), Section 3
Requisition of property-Section 3 provides the authority to the Deputy Commissioner to requisition certain immovabl......
Ruhul Islam J
Badrul Harder Chowdhury J
Mansurul Aziz & Another………………………Appellants
Vs.
Secretary, Ministry Of Land Administration And Land
Reforms & Others……………&hellip...... rental of Tk. 7,000/- and the second floor would be kept for their own use. The lessors did not receive any response from the lessee in the matter of renewal of the lease of the house. They served a legal notice under section 106 of the Transfer of Property Act through an Addocate on July 30, 1976...
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....nction against the defendants restraining them from interfering with plaintiff's alleged possession of the suit land is generally applicable to a case where a suit for title relating to immovable property is filed and consequential prayer ought to have been made, but has not been made, and an in......, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask fo......irst appellant saying that the suit property was self-acquired properties of Ramjan Garo and it was so recorded in his name in C.S. Khatian. Ramjan Garo died leaving his wife (defendant No. 1) as the legal heir who has been enjoying the suit properties being in possession for more than 12 years. Fir..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....such a private school intends to serve public purpose and public interest in order to attract the provisions of any acquisitive law like the Emergency Requisition of Property Act where-under personal properties of private citizens are requisitioned for acquisition. Thus in order to catagorise a scho......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......e impugned order also suffers from mala fide action of the authorities and functionaries of the Government as such. In such circumstances the impugned requisition must be declared to have been made illegally without any lawful authority having no legal effect. Accordingly, this rule is mad..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)
....he defendants 10-17 will be struck of the decree. The order of the learned Munsif for restoration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ...... This Case is also Reported in:35 DLR (HCD) (1983) 86. ......being in force, all Judgments, decrees or orders passed ex parte by any Court or tribunal or orders disposing of matter due to default in compliance with any direction of any Court or tribunal in any legal proceedings at any time after the 1st day of March, 1971, and before the commencement of thi..Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29
Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)
....Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60 ...... Musabbir Ali & others…………opposite parties Judgment September 4, 1980 Result: The reference is accepted. Case Referred to- Muhadeo Lal and another Vs. Hossaini Pandy and others ; Upendra Nath Bhattacharjee Vs. Khitish Chandra Bhat...... made the reference, 5. Mr. B.K. Das, the learned Advocate appearing to support the reference and Mr. Md. A. Hannan appearing to oppose the reference. Both of them agree that the Jury was illegally constituted. It was not constituted in accordance with the provition of Clause (a) of subsec..Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
.... not a document which requires to be compulsorily registered under the law If such power of attorney empowers a person to execute a deed of sale or any kind of transfer or sale of immovable property that power of attorney requires registration under the law. This is not legally tenab......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 ...... power of attorney empowers a person to execute a deed of sale or any kind of transfer or sale of immovable property that power of attorney requires registration under the law. This is not legally tenable as a power of attorney executed in terms of Registration Act or under other provisio..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
....n is benami or not. On the authority of the decision of the Privy Council in Hakim Moulavi Md. Mahbub Ali Khan Vs. Bharat Indu and others (1) we may safely observe and hold that the system of putting property benami is so extremely common in Indian Subcontinent that the mere fact of a deed bein......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......vidence. The learned Courts below appear to have put a very heavy onus upon the Opposite Parties (the petitioners here) to prove that the transaction was a benami transaction but this is not the legal position. We have already observed that benami transactions are very familiar in the practice ..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
...., from this learned Court. 3. That on receipt of the summons of the above mentioned suit, there is every possibility that the defendant No. 1, shall dispose of all his movable and immovable properties with intent to obstruct and delay the execution of the decree in the above-ment...... 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...... (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction vested, or (c) to have acted in the exercise of its jurisdiction illegally of with material irregularity, the High Court may make such order in the case as it thi..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267 ......tuted the aforesaid suit for a decree: (a) declaring that the plaintiff is the legally elected Chairman of No.1, Bangora West Union Parishad on the basis of the Chairman election held on 15.1.84 and the defendant No.1 is bound to publish the result in the official Gazette; (b) restraining......application filed under Order 7, rule 11 of the Code of Civil Procedure. 2. Plaintiff-Opposite Party No.1 instituted the aforesaid suit for a decree: (a) declaring that the plaintiff is the legally elected Chairman of No.1, Bangora West Union Parishad on the basis of the Chairman election ..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....will be of such a nature as to make it a void decree or a nullity. The distinction between void and voidable decree is to be borne in mind. If the decree is voidable then unless it is avoided by a proper procedure, the decree stands, and is to be executed. In this regard, wrong exercise of juris......Kemaluddin Hossain CJ Ruhul Islam J Shahabuddin Ahmed J Hajee Md. Ahsanullah...................Appellant Vs. Arafatunnessa Bibi, being dead her heirs, Ali Ahmed and others...............Respondents Judgment July 8, 1980. Result: The appe......he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....ide on proof of nucleus of joint family and acquisition during jointness of the family. In a case where the question is between two or more brothers of a Hindu-family living jointly having joint property, the initial onus is on the person who alleges jointness to show that there a joint family ......t: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Nemai Kumar ……………….................................Appellant Vs. Ramesh Chandra Dutta and others...................Respondents Judgment June 30, 1980. Result:......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....mp; 23 F.O.B. Contract (Free on board contract)– F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payment for the...... F.O.B. Contract (Free on board contract)– F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payment for the goods be......iff has suffered a loss of Rs. 39,7525/6 on account of the failure of the defendant to retire the shipping documents on payment of the invoice dues in spite of repeated requests. Unless there was any legal impediment, the plaintiff was entitled to get the decree which the learned Subordinate judge h..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
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