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....of the scheme, as laid down therein, are as follows:-
(a) to receive from Government or other bodies or persons any incidental to the administration of the Sangstha Trust;
(b) to defray all proper costs, charges and expenses of and incidental to the administration of the Sangstha Trust;
......(In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Samity Ltd...Petitioner (In Writ Petition No. 22 of 1973.)
Vs.
Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both the cases)
Judgment
April 28, 1975.
Result......12.72, was made in violation of the terms of the aforesaid handout. He further submitted that since the handout announced the Govt. policy in respect of the Industrial Units mentioned thereunder, its legality or competence to issue such handout was beyond any challenge before a court of law. The lea..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....forcibly turned him out of the shop on 22.9.71 with the help of some military personnel. The petitioner also got 3 sheets of blank paper signed by him. The respondent No. 2 prayed for recovery of the property in question. 3. The petitioner filed a written objection wherein he stated that the re......975 Result: The Rule is made absolute. Cases Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets; Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 Lawyers involved: M. H. Khandker-Fo...... learned Advocate for the petitioner. For the reasons stated above, we declare that the order of award passed by the Tribunal Judge on 31-8-73 has been made without lawful authority and is of no legal effect. In the result, the Rule is made absolute. We, however, make no order as to costs...Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
.... in force by virtue of a vary brief but significant enactment which was called Laws Continuance Enforcement Order, issued from Mujibnagar, on the same day as the Proclamation of Independence. For the proper appreciation of the real import of this not many worded piece of legislation it will be rewar......5. Lawyers Involved: Moinul Hossain, Mozammel Hoque Khan —For Petitioner (In both the Rules). M. Hafizullah—For Opposite Party (In both Rules). Civil Revision Nos. 628 and 629 of 1973 Judgment D. C. Bhattacharya J. —These two rules raise a certain ques......a Khan summoned the elected representatives of the people to meet on the 3rd March, 1971 for the purpose of framing a Constitution and Whereas the Assembly so summoned was arbitrarily and illegally postponed for an indefinite period; and Whereas instead of fulfilling their promis..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....c performance of a contract or in a suit for preemption. It is, therefore, riot inherently incompetent for a Court to pass a decree in favor of a defendant. In the instant case it might not have been proper or regular for the Dacca High Court to make a decree in favor of Defendant No. 1 but it would...... Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Sundar Ahir and others Vs. Ph......f the appeal. "That the order of remand passed by the erstwhile High Court of East Pakistan so far as it related to demarcation and passing of a decree in favor of the defendant No. 1 was illegal, void and consequently all subsequent proceedings were of no legal effect." 9. Learn..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....ase briefly stated are that National Bank of Pakistan, as it then was, obtained a money decree against the judgment-debtor, Sunil Kumar Basu on 12-9-62. The decree was put into execution, and a house property at Hatkhola of the judgment-debtor was attached and put to auction sale on 1.8.70. Syed Mak...... Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Election Tribunal Kotah an......contained in any other law for the time being in force all Orders passed ex parte by any Court....or orders disposing of mailers due to default in compliance with any direction of any court....in any legal proceeding at any time after the 1st day of March, 1971, and before the commencement of this O..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....r commissioners, Chairman and Vice-Chairman in Form 'O'. (4) The Presiding Officer shall send the Packets and documents mentioned in the rule to the Returning Officer without delay under proper escort. We called for the papers as mentioned in sub-paragraphs (a), (b), (d), (g), and ......bsp; ......lot papers found in the ballot boxes must have been spurious and unauthorized and in that view of the matter the declaration of the result of the election in favor of respondent No. 3 was without any legal validity. 18. Mr. K.Z. Alam, the learned Deputy Attorney-General appearing on behalf of r..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....y the plaintiffs, who instituted a suit in the 2nd Court of Subordinate Judge, Sylhet where they made the following prayer. “A) A declaration that the plaintiff being the owner of the suit properties and that the S/properties not being enemy property as contemplated by law, and all procee......sion (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krishna Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment March 5, 1974. ......perties and that the S/properties not being enemy property as contemplated by law, and all proceedings purported to declare the S/properties as enemy property are mala fide, unlawful, null and void illegal, without jurisdiction and of no legal effect. B) A permanent injunction restraining the d..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
.... in Revision. 2. Landlord-Respondents obtained an ex parte rent decree in R.S. 63/59 in respect of the holding No. 64 Santinagar, Dacca, against one Nihar Bala Sen W/o. late Suresh Chandra Sen. The property was auction purchased in R. Ex. Case 65/59 by Appellant Ramjan Ali Khan who took delivery o......esent: SAB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Ramjan Khan alias Ramjan Ali Khan………...Appellant Vs. Obaidul Huq Chowdhury and others…………..Respondents Judgment February 5, 1975. Result: ...... corresponds to s.115 of the present Code. In interpreting the section, it was held that the question before High Court was whether the subordinate court in the exercise of its jurisdiction acted illegally, or with material irregularity. If it appeared that it had jurisdiction to decide the questi..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
.... against the Province of East Pakistan for a declaration that the requisition of C. S. Plot No. 992 of Mouza Dhanmondi on or about 19.4.57 under the provisions of East Bengal Emergency Requisition of property Act 1948 was illegal and ultra vires and that the demolition of the structure constructed b......diction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent Judgment ...... East Pakistan for a declaration that the requisition of C. S. Plot No. 992 of Mouza Dhanmondi on or about 19.4.57 under the provisions of East Bengal Emergency Requisition of property Act 1948 was illegal and ultra vires and that the demolition of the structure constructed by him on the aforesaid P..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
.... parties the learned Subordinate Judge framed the following issues for determination of the suit: 1. Has the plaintiff any cause of action for the suit? 2. Is the suit defective for want of proper and valid notice under Section 80 C. P. Code? 3. Is the suit barred by limitat.................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; President Vs. Mr. Justice Shaukat Ali, PLD 1971 (SC) 585 relevant page a...... represented by its partners Walamjee Deoji and Karman Narain who brought this suit against the erstwhile Province of East Bengal for recovery of Tk. 11,000/- by way of compensation and damages for illegal and wrongful attachment and taking of Tk. 10,197-5-0 by the Sub-Divisional Officer, Nilphamari..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
....d refer by the intending purchasers on the said date having not been considered substantial, the sale was postponed and as the auctioneer considered that the place of auction at French Road was not a proper place for the sale of timber, the stock of timber was, therefore, taken to the premises of th...... - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......fter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the payment of the money taken by the appellant as a loan from the said. Bank was void, illegal and without jurisdiction and also for recovery of a sum of Rs. 45,500/-.
This suit was tr..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....hat precise case could be brought against the petitioners. In the meantime as has been pointed out the six accused persons have died and the principal witness Kelura Mayee Das who is the owner of the property has not come before the Court and is not likely to come to depose against the petitioners. ...... DLR (HCD) (1978) 237. ......bika Charan Das of Chanshi P.S. Gournadi, District Bakerganj and these deeds were registered at Gopalganj under deed 2423,2433, 2434 and 2435 dated 19-4-62. The purpose was to deceive and deprive the legal owner of these plots of land and as such the persons mentioned above committed offence under s..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....he members in terms of rule 34 if mandatory and, if so, whether the said rule is inconsistent with or repugnant to the provisions of sub-section (6) of section 9 of the Labour Disputes Act, 1965. For proper appreciation of this point, rule 34(1) and sub-section (6) of section 9 are quoted below &mda......ase is also Reported in: ......) before the Second Labour Court, Dacca against the Manager, M/s. James Finlay & Co., Ltd. as the Second Party. The First Party claimed a declaration that the dismissal of Aminul Islam was illegal as it was clearly an act of victimisation on account of his Trade Union activities a..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....;of the Code of Criminal Procedure by a friend of the petitioner this Rule was issued calling upon the Deputy Commissioner, Dacca to show cause why the petitioner who is alleged to be illegally and improperly detained in jail should not be produced or brought before the Court to be dealt with in acc......R (SC) 403-Golam Jilani Vs. The Government of West Pakistan, P.L.D. 1967 (SC) 373, Abdul Baki Vs. The Government of Pakistan, (1963) 20 DLR (SC) 249; P.L.D. 1968 (SC) 313; Government of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri, (1969) 21 DLR (SC), P.L.D. 1969. (SC) 14. ...... 491 of the Code of Criminal Procedure by a friend of the petitioner this Rule was issued calling upon the Deputy Commissioner, Dacca to show cause why the petitioner who is alleged to be illegally and improperly detained in jail should not be produced or brought before the Court to be dea..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....stitution of Pakistan are as follows:- “13. Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of property; “15. All citizens are equal before law and are entitled to equal protection of ...... Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ......have, superseded the enunciation or decision made by the High Court. But if no such enunciation or decision was made by the Supreme Court, the decision of the High Court should have prevailed and the legal consequence which naturally followed from the said decision of the High Court could not be arr..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....tatement of the Head Clerk who on his own showing was to be blamed partially which resulted in the compulsory retirement order of the said Head Clerk. This aspect of the case brings out the fact that proper application of mind was not made in the facts and circumstances of the case by the punishing ......made absolute. Government Service- Dismissal of on the ground of Corruption practice The petitioner was charged under the allegations of misconduct, gross interference with the office work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules,......his Rule, 5. Mr. S.F. Ahsan, the learned Advocate appearing on behalf of the petitioner submitted that the order of dismissal has been passed without any lawful authority and as such it is of no legal effect. The learned Advocate contended that the enquiry officer after thorough enquiry into th..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....r that sections 149 and 151 Civil Procedure Code read with section 28 of the Court Fees Act granted adequate power to this court to grant extension of time in pulling in proper court fee even though the period for depositing such court fee has expired provided that the ...... This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....urged a number of points, which the learned Advocate appearing for the employee has tried to repeal. These points may now be taken up.
4. It has first been contended that the Labor Court was not properly constituted in as much as one of the members namely, the representative of the Employee nev......
In the matter of an application under Article 98 of the late Constitution of the Islamic Republic of Pakistan, 1962 read with Article 5 of the Proclamation of Martial Law dated 25th of March, 1969 and Article 62; of the Provisional Constitutional Order dated the 4th of April. 1969.
Judgment
......nquiry Officer was ever marked as exhibit in the proceeding. The Labor Court found that the drawing up of the proceeding against an employee after he has been acquitted on the self-same charge, was illegal. He also found that the order of dismissal had an alleged retrospective operation which was al..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....g the procedure prescribed in President's Order No.13 of 1972 (hereinafter referred to as P.O. 13/72). 4. From what has been stated above, it is obvious that a dispute over the title of this property has been going between the parties. The petitioner claims his title to the property in purs......y of Information, Dacca……………………………Respondents Judgment March, 20, 1973. Result: the Rule is discharged and the order of stay is vacated. Case Referred to- M. Noman Vs. Dacca Improvement Trust a......ning the petitioner from proceeding further with the title Execution Case No. 25 of 1968. He also prayed for further declaration that the decree obtained in Title Suit No. 9 of 1968 was fraudulent, illegal void and not binding on the respondent. The petitioner appeared in Title Suit No. 190 of 1968 ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....ithin the family of the vendor, are not entitled to enforce the contract, inasmuch as the intention of the parties is that the vendor and his heirs alone would be given the right of repurchase of the property. He also submits that the Courts below should have refused reconveyance of the suit land, i......urt Division (Civil Appellate Jurisdiction) Present: Ruhul Islam J Seru Mia…………………Defendant-Appellant Vs. Fajilatennessa and others.…………Defendant-Appellant Judgment January 8, 1973 ......t be re-opened in this second appeal. Similarly the question of benami also has been considered by the learned Advocate Judge. The learned Advocate appearing for the appellant can not point out any illegality committed by the learned Subordinate Judge in arriving at the finding that the transfer in ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
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