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Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......q J Abdul Malek J Akram Hossain Mondal…………………..Petitioner Vs. Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others……….Respondent Judgment September 26, 1978. Result: ......oduced before the Board. No grounds of detention having been communicated to detenu and not having been produced before the Advisory Board within the stipulated time, the detention of the detenu is illegal and without lawful authority. Mr. Serajul Huq, further contended that Writ Petition No. 357 of..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....he Company as well as the appellant. No Profit and Loss Account of the Company was audited nor was submitted to the Board of Directors by the Managing Director who treated the Company as his personal property. The Company incurred heavy liabilities on different counts and its debt rose to such an ex...... Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: ......ationship cannot be the basis of any presumption while managing the affairs of any Company. No specific remedy in this regard is available in this proceeding under Companies Act while considering the legality or the propriety for making any order for winding up of any Company.” We do not ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....f Tk. 3000/- per month from 1-12-72 but this direction has been ignored. The Estate Officer by letter dated 20-1-78 informed the Additional Deputy Commissioner that the order of derequisition was not proper and requested him to cancel the order of derequisition. Since the house, has been allotted to......1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Mohammadpur Housing Estate. As it appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Pla......r. It is highly regrettable that the order of derequisition passed in 1972 has been defied and disrespected by the respondents Nos. 2 and 3 with impunity. This action of the respondents is not only illegal but also is highly improper 4. In the result the rule is made absolute and the respondent..Category: Property Law | Date: 26 Jul, 1978 | Hits: 2
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....end to three years, or with fine, or with both, Criminal breach of trust is defined in section 405 of the Penal Code as follows; “405. Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his&q...... also Reported in: 31 DLR (HCD) (1979) 63 ......verts to his" own use that property or dishonestly uses or disposes of that property, in violation or any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made teaching the discharge of much trust, or willf..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
.... punished him by reducing, him in rank and two days later suspended him in contemplation of a proceeding which was, however, not drawn until after three months. Had the authorities applied their mind properly to these allegations they could have, without first reducing him in rank, suspended him pen......Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Anwarul Huq Khan ....................................Petitioner Vs. Govt. of Bangladesh and others..................Respondents Judgment July 19, 1978. Result: The rule......ess of what he was entitled to, and that he had imported and then disposed of a car without permission. He alleged that these allegations are mala fide and after thought brought against him to give a legal cover to the earlier illegal order of suspension. 3. His application was first summarily ..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....ted land between the parties. The order discloses that the learned Magistrate did not apply his mind at all in the case. When he fixed 11-2-74 for filing written statement by the 2nd party it was not proper on his part to pass the impugned order on that date. The proceeding was dropped without any f......Result: The Rule is made absolute. Cases Referred to- Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231; Malik Manjur Elahi Vs. Lala Bishambar Das (1964) 16 DLR (SC) 246; Moslem Fakir and others Vs. Ainuddin Talukdar and others (1965) 17 DLR 705. Lawyers Involved: Syed Aziz......ty petitioner for revival of the case by the order dated 11-3-74 of the learned Magistrate and that the rejection of the criminal motion by the order dated 31-5-74 of the learned Sessions Judge are illegal and liable to be set aside. It has been contended that the learned Magistrate by his order dat..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....pector Police Lines. Barisal to depute a police party consisting of 9 Constables, one naik and one Head Constable for. 15 days to O.C. Charfasson P.S. to maintain peace and order regarding the landed property of Jadu Gopal ShahaBhowmick in Charmaya. J.L. No. 126 and in Faridabad. J.L. No.77 under Ch......ed in: 31 DLR (HCD) (1979) 66. ......is component to give general directing to them in this respect. In the instant case in view of the provisions of section 13 of the Police Act the District Magistrate has not committed any illegality in direction the District Superintendent of Police by sending a copy of his order dated 29-..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....pector Police Lines. Barisal to depute a police party consisting of 9 Constables, one naik and one Head Constable for. 15 days to O.C. Charfasson P.S. to maintain peace and order regarding the landed property of Jadu Gopal ShahaBhowmick in Charmaya. J.L. No. 126 and in Faridabad. J.L. No 77 under Ch......This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......is component to give general directing to them in this respect. In the instant case in view of the provisions of section 13 of the Police Act the District Magistrate has not committed any illegality in direction the District Superintendent of Police by sending a copy of his order dated 29-..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....the Ministry of Power, Flood Control, Water Resources at the relevant time. He filed a writ petition under Article 102 of the Constitution challenging the order of dismissal and confiscation of his property passed in Memo No.212 Section 3/3/-B-35/75 dated 3-3-76 by the order of the President. ......e is also Reported in: 31 DLR (AD) (1979) 33. ......some charges against him. The charges were that in 1979 he had purchased in the benami of his wife and two sons 88 cents of land along with a pucca building in mouza Sen Para Parbata in Mirpur by illegal means. The value of the said property was at the relevant time of its purchase not less than 4..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
....1 including the suit land,-but defendant No. 1 got the suit land released and paid rent for the same.
4. Defendants Nos. 2 and 3 contended that Mujahar was the real auction purchaser of the suit property and he got the sale certificate and obtained delivery of possession in the suit land. Their......man J
Abdul Majid Howladar…………….Defendant-Appellant
Vs.
Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others………………Plaintiff-Respondents
Judgment
J...... of jurisdictions between Courts of Laws arid Courts of Equity. Courts of Equity which assumed jurisdiction in the matter of partition held back from determining doubtful questions with regard to the legal title and often stayed the suit for reasonable time giving in opportunity to the plaintiff to ..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....oubt about the post mortem examination at the Dacca Medical College Hospital inasmuch as P.W. 14 the Doctor did not say that he was a Doctor attached or that hospital or that he was authorized by the proper person to hold the post-mortem examination. True, the witness has not said anything on this p...... just delivered by my learned brother Afzal, J in the case, I would like to add a few words of my own on some aspect of the chemical examination. 2. Facts of the case have been very ably set out and discussed by my learned brother and it is not necessary to go into those, section 510 ......aminer and not by the Court. We feel that when a report is received from the Chemical Examiner it should be shown to the doctor who held the post-mortem examination to enable him to state what medico-legal inferences are to be drawn from such report. I trust these observations will be brought t..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ......he Respondents. Wilt Petition No. 405 of 1978. Judgment Shahabuddin Ahmed J.- This application under Article 102 of the Constitution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent No.1) accepting the nomination papers submitted by re......ion. This amendment, it is alleged, is mala fide and ultra vires of the Constitution of Bangladesh. The petitioner felt aggrieved by this action of the Returning Officer which, according to him, is illegal and without Jurisdiction. 3. Mr. K S. Nabi, the learned Advocate hat appeared for the pet..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......Election Commissioner & others.......Respondents (In Petition No. 444 of 1978) Moniruzzaman Lasker.............................Petitioner Vs. Election Commission of Bangladesh and another.....Respondents (In Petition No.447 of 1978) Judgment May 31, 1978. Resul...... as "electors" in the electoral Roll for the President's Election, and their prayer is that the said Notification should be declared to have been made without lawful authority and of no legal effect. 2. In one of these petitions, namely Writ Petition No. 444 of 1978, the petitione..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
.... is of no legal effect and for directing the respondents not to execute the sentence pending hearing of the Rule add for such other or further order or orders passed as to this Court may seem fit and proper. This rule was issued on 14-4-1978 and it has been fixed for hearing on 27-4-1978. 2. Fa......(SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 441; Majibur Rnhman (1977) 29 DLR (H D) 141; Malik Mir Hassan PLD 1969 Lah, 786; Anisminic Ltd, 1969 (2) Appeal Cases 147; Kefhabananda AIR (SC) 461; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 ......assed in Martial Law Case No. 6 of 1977 by Special Martial Law Court No. II, Dacca sentencing the accused to death for declaring the same to have been passed without any lawful authority and is of no legal effect and for directing the respondents not to execute the sentence pending hearing of the Ru..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....n each of the proceedings. 2. One Rahul Amin Sardar filed an application under section 143A of the State Acquisition and Tenancy Act for correction of record of right in respect of the properties mentioned in the schedule to the application. It is khatian No. 2184 Plot No, 2594 measur...... This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......o Rules. Accordingly, both the Rules are taken up together for hearing. 5. Mr. A.F.M. Shahid, the learned Advocate appearing in support of the Rules has contended that the learned Munsif acted illegally and with material irregularity in the exercise of jurisdiction in rejecting the prayer for a..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....ew expressed in A.I.R. 1943 Madras 698 (F.B.) and observed: “The decree of the High Court here in so far as it held that the mortgage money can be recovered only from the half share in the properties Was also a decree in favour of the respondents as it did not allow the claim of the appel....... This Case is also Reported in: 30 DLR (HCD) (1978) 240. ...... grounds rejected by the Court below he merely demonstrates that on proper application of evidence the impugned decree cannot be disturbed and the appellant is not entitled to challenge the same, The legal provision in question is a defensive mechanism to protect the decree and it can only be used t..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
....he counter affidavit on record. The records of the case were not called for.
2. Short facts leading to this rule are that the plaintiff petitioner instituted a suit for declaration that the suit property was not enemy property, that it was the khas property of the Wakf Estate of which the plain......Chowdhury J.-This rule is directed against an order passed by the learned Munsif allowing opposite parties Nos. 6 to 11 to be added as defendants in this suit.
I have heard the learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The records of the......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....istent with that in the case of the Income Tax Report XXVIII of 1955. Be that as it may, these two views may be reconciled if the question of inter-connection and inter-dependence of the two firms is properly answered. It the two firms got no connection whatever with each other then the principle of...... Tubewell Company……………..Respondent Judgment April 14, 1978. Result: The rules are made absolute by allowing applications. Inter-connection and inter-dependence of the two firms- The incomes of the two firms should be tagged together ......y, the Tubewell Company and the assessment years are 1963-64, 1964-65, 1965-66, 1966-67, 1967-68, j 1968-69 and 1969-70. Originally it was a proprietor concern of one Mr. R.B. Khan on whose death his legal heirs set up this partnership firm with effect from 11.2.63 under a partnership deed and it en..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
.... alleged infraction under the circumstances delineated in the affidavit-in-opposition, is really a matter which involves an academic issue rather than legal. He has submitted that it is only just and proper that the University should be left alone in such matters Jo decide its own course in the inte......Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, University of Dacca and others....................Respondents Judgment April 13, 1978. Result: The R......of Master's Degree in Library Science for the year 1974 without providing in-service training for Part I of Paper 8, should not be declared to have been made without lawful authority and is of no legal effect. The petitioner was a regular student for Master's Degree in Library Science o..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
..... 160/1973 posing the question as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section 145(......bsp; ......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
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