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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 op formal proceeding and passing of the initial order under section 145(......bsp; ......ion 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: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ith of her evidence may be to show that the presumption has been rebutted.” The learned Subordinate Judge has not adverted to this case, though relied on by the learned Munsif. For want of proper approach to the material question in the matter and non-appreciation of the evidence on the r...... Result: The appeal is allowed. Cases Referred To- Kumir Mondal Vs. Pramatha Nath Chowdhury (1962), 14 DLR 801; Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725; Kumir Mondal and ors Vs. Pramatha Nath Chowdhury and ors (1962) 14 DLR 801; 17 DLR (SC) at 392; Aminuddin Biswas ......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....hough it is called a mortgage, and though it will be convenient to follow the nomenclature used in the document itself and in the pleadings and judgments in the Courts below, is not a mortgage in any proper sense of this word. It is not a security for the payment of any money or for the performance ...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....ugned orders were legal and valid; and as there was no blame or stigma in the said orders, no show cause notice was necessary. 5. Decision on the question raised in the appeals mainly depends on proper interpretation of Regulation 12(ii) of the Bank's Staff Regulation. Contention of th......ed by Mian Abdul Gafur, Advocate-on-Record - For Appellant (In Civil Appeal 62 of 1978). Dr. Ahmed Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record - For Respondents 1 and 2 (In both the appeals). B. Hossain, Advocate-on-Record - For Respondent No.3 (In Civi......e facts and circumstances of the case termination of the services of the petitioner, who is admittedly a permanent employee of the Bank, under Regulation 12(ii) of the Staff Regulations, is legal and valid.” 2. Appellant Abdul Hannan Sikdar was appointed on April 10, 1957 as a C..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
....that the said Council when established shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property and shall by the said name sue and be sued. It may be noted that these ingredients and auth......(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.……&hell......not in connection with the proceeding started on the charge-sheet dated 4.5.77. Since the respondents did not withdraw the order of dismissal he moved this court and obtained the rule challenging the legality of the order of dismissal on the ground that it was in contravention of rules, violative of..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
.... Once a land is de-requisitioned and its possession is restored to the owner there is no provision for retaking it thereafter. The proceeding as to requisition comes to an end with release of the property under section 8. Appeal and Revision against requisition Section 4A empowers...... M. H. Rahman J Meheruddin………………………………………Petitioner Vs. Govt. of Bangladesh and others…………Respondents Judgment February 24, 1978. Re......s clearly found to be arbitrary and without lawful authority. In the result, the rule is made absolute and the impugned order is declared to have been made without any lawful authority and of no legal effect. The respondents are directed to pay costs of this rule which we assess at Tk. 500.00 (..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....e is clearly illegal. The learned Advocate has extensively argued that in so far as the question of the suit being barred under the provision of section 42 of the Specific Relief Act is not properly appreciated and a wrong Interpretation has been sought to be given by the learned Advocate ......sion (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: The appe......ion of the Board of Directors of M/S. Alauddin and Taiwa Textile Mills Ltd dated 18-8-77 in which the defendant No. 1 was alleged to have been elected as a Managing, Director of the said Company is illegal, mala fide, ultra vires and without jurisdiction, that the defendant No. 1 is not the Managing..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
.... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ......No. 60 of 1977. Judgment M.H. Rahman J.-In this application under Article 102 of the Constitution the petitioner has challenged an order, dated 17.2.75 of the Collector of Customs and Excise, Dacca in Appeal No. 4 of 1975 confiscating the imported goods claimed by the petitioner ......in Appeal No. 4 of 1975 confiscating the imported goods claimed by the petitioner and directing that the goods be disposed of by auction as to have been made without any lawful authority and is of no legal effect. 2. The petitioner proprietor of M/s. Boys Hosiery, imported on a valid import lic..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....signation he was drawing an officiating pay at the rate of Tk. 900/- plus technical pay. The order dated 16.11.72 of Respondent No. 4 and the order dated 1.1.73 of respondent No.5 were issued without properly examining the Government order dated 4.11.72. As the petitioner was reemployed as a fresh e......ction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: The ru......r 30, 1972 and directing repayment/realisation of the alleged over payment to the petitioner from 19-2-73 to 29-11-72 should not be declared to have been passed without lawful authority and was of no legal effect. 2. The petitioner's case, in brief, is that he was appointed on July 20, 1963 as A..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
......M. H. Rahman J
General Manager, Urea Fertilizer Factory, Ghorashal, Palash, Dacca.........Petitioner
Vs.
Urea Fertilizer Factory Employees Union, Ghorasal Palash, Dacca and others....Respondents
Judgment
February 7, 1978.
Result:
The rule is made ab......e learned Labour Court on consideration of the facts and circumstances of the case "allowed the case" of respondent No. 2 held that his order of transfer was mala fide and as such it got no legal effect, that he was still in the employment of the petitioner and directed that he be allowed ..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......rator under section 87 of the Act. 2. Facts of the case briefly stated are that the petitioner, M/S Progoti Khudra Babashayee Samabaya Samity Limited, a registered Co-operative Society and a member of respondent No. 2, Brahmanbaria Thana Central Co-operative Association Ltd. which is ......r. 3. Mr. Rafiqul Islam, the learned Advocate appearing in support of the rule has seriously assailed the impugned order of the Registrar taking the ground that the impugned order of review is illegal and without jurisdiction since the power of review cannot be exercised by the Registrar more t..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ......of Bangladesh...............................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; A.I.R. 1967, SC-1264; (P.L.D. 1958, S.C. Ind.) 2...... that the alternative remedy is not available without loss of time and money. Again, the question of alternative remedy, he has argued further, will be of no avail if the impugned order is ex-facie illegal or void being violative of any provision of the Constitution. We find that an alternative reme..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ...... Bangladesh..................................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; Golam Sarkar Vs. Pakistan PLD 1962, S.C. 142; Md...... that the alternative remedy is not available without loss of time and money. Again, the question of alternative remedy, he has argued further, will be of no avail if the impugned order is ex-facie illegal or void being violative of any provision of the Constitution. We find that an alternative reme..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
....e consignments were in transit and it was contended that the service of notice under section 77 of the Act and that under section 80 of the Code of Civil Procedure were not valid, proper and legal. 4. On the objection of the defendants 1 and 2, defendant No. 3, Deputy-Collec...... Civil Appellate Jurisdiction) Present: Shatiabuddln Ahmed J M.H. Rahman J Mr. Kalimuddin Ahmed.............................Appellant Vs. Federation of Pakistan and others..............Respondent Judgment January 31, 1978. Result: These appe......nts were in transit and it was contended that the service of notice under section 77 of the Act and that under section 80 of the Code of Civil Procedure were not valid, proper and legal. 4. On the objection of the defendants 1 and 2, defendant No. 3, Deputy-Collector Central..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......sion (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Manager, Azizuddin Industries Ltd.………..Petitioner Vs. Abdus Satter and another………………..Respondents Judgment January ...... implementation was to take effect from 1st July, 1974. The order of the Management refusing these workers the benefit of new scale for the period from 1st July, 1973 to 30th September 1974 is illegal. Hence they filed the application before the Labour Court for a direction upon the management ..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....ldren which were conditions precedent for the order of interim custody passed by the learned District Judge. Be that as it may, since the main case is pending, it is neither desirable nor would it be proper for me to express any opinion either way at this stage. But, I am satisfied that the order of...... Revision No.1263 of 1977. Judgment A.R. Chowdhury J.—This rule is directed against an order passed by the learned District Judge allowing the temporary custody of the minor son and daughter of the petitioner to the mother, the opposite party in this rule. 2. I have heard ......tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......r Vs. Surjat Ali.......................Respondents Judgment January 20, 1978. Result: The appeal is allowed. Cases Referred to- 10 DLR 621; AIR 1945 Bombay, 45 and 67, AIR 1935, Calcutta 72. 13 DLR 89; AIR 1945 Bombay, 45; AIR 1935-Cal-792;AIR-1929, Lah, 596; ......mpetent court shall not be brought before another court by the same parties, for if such case is allowed to be fought again the successful party will be put to harassment and there will foe no end of legal battle. A case must be decided finally and once for all and after it is so decided no further ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....he purchaser as tenant-in-possession their title was threatened and hence they filed the suit for declaration of their title. It is therefore, not a suit against the sale to the Touzi. The suit is in proper form and is found to have been rightly decreed. 12. Before we conclude we like to observ......se is also Reported in: 31 DLR (HCD) (1979) 74. ......her observed Mr. B.B, Roy Chowdhury has contended that these contraventions of the provisions of sections 20 & 23 of Sales Act are mere irregularities, and even if they were illegalities they did not render the sale 'void' at best the sale was avoidable and hence reme..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....he purchaser as tenant-in-possession their title was threatened and hence they filed the suit for declaration of their title. It is therefore, not a suit against the sale to the Touzi. The suit is in proper form and is found to have been rightly decreed. 12. Before we conclude we like to observ......se is also Reported in: 31 DLR (HCD) (1979) 74. ......her observed Mr. B.B, Roy Chowdhury has contended that these contraventions of the provisions of sections 20 & 23 of Sales Act are mere irregularities, and even if they were illegalities they did not render the sale 'void' at best the sale was avoidable and hence reme..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
.... is not disputed that defendant No.7 has now by virtue of the transfer; stepped into the shoes of defendant No. 6 and has also been accepted as the charterer by the ship owner (defendant No.2). For a proper consideration of the question raised by Mr. Shahabuddin Ahmed, it is necessary to refer to se......Court Division (Admiralty Jurisdiction) Present: Abdur Rahman Chowdhury J Abu Bakr Siddique..........................................Plaintiff Vs. M.V. Aghia Thalassini and others.....................Defendants Judgment December 20, 1977. Result: Th......pearance should not be interpreted or construed too strictly to their disadvantage; Even if the vokalatnama filed by the defendant No. 2 through their constituted attorney is not acceptable in strict legal sense of the term, defendant No. 3, the Captain of the ship who had already entered appearance..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
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