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Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
....stion is whether the plaintiff had put his case so far as the plot No. 9072 is concerned. Possession of the land was considered as a deciding factor for adjudication. It was noticed that excepting the recital in Exhibit 1 there is no other proof that Bidhan Bibi acquired 16 annas inter...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... the trial Court. His second Appeal was dismissed summarily by a learned Single Judge of the High Court. Leave was granted to consider whether the High Court Division was correct in summary dismissal of the appeal when it was an appeal against the judgment of reversal. 3. Plaintiff..Category: Property Law | Date: | Hits: 47
....assed against him in disregard of the requirement of drawing up formal proceeding against him, that the investigation committee was illegally constituted, and that he was not given the opportunity to explain his position or adduce any evidence in support of his case. He further alleged that he recei......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......ff-respondent who is an Overseer in the employment of the appellant University filed O. C. Suit No 185 of 1968 in the First Court of Munsiff Sadar, Mymensingh, for a declaration that the order of his dismissal from service on October 30, 1968 was illegal, void and without jurisdiction. It was stated..
Category: Employment/Service Law | Date: | Hits: 109
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
.... 2. Facts of the case, so far necessary for disposal of this appeal, are that the respondent filed an application for pre-emption of a land sold to the appellant by his co-sharer, and obtained an ex parte order dated 7 March. 1975 allowing the pre-emption, and in pursuance of that order to....... Facts of the case, so far necessary for disposal of this appeal, are that the respondent filed an application for pre-emption of a land sold to the appellant by his co-sharer, and obtained an ex parte order dated 7 March. 1975 allowing the pre-emption, and in pursuance of that order took ......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....ovision limited to the purpose of ensuring the proper discharge of their duties or the maintenance of discipline of the force- Sub-Article (5) of Article 102 says that, in this article unless the context otherwise requires, "person" includes a statutory public authority and any court or tribunal, ot...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... have been at the pleasure of the Crown, the remedy by suit against the Secretary of State in Council for a breach of contract of service would have been available to the person owing to his wrongful dismissal from service. 11. No other authority need be cited in elucidating the doctrine of plea..Category: Constitutional Law | Date: | Hits: 188
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
....respondent. 5. The election petition was contested by the appellant by submitting a written objection denying the allegations made in the election petition. At the trial 3 witnesses were examined by either side in support of their respective case. The Election Tribunal on consent of th......Advocate on Record.—For the Appeal last. Rafiqur Rahman, Senior Advocate, Supreme Court, instructed by Zinnur Ahmed, Advocate on Record.—For the Respondent No. 2. Ex-parte—Respondent Nos. 1 and 3-10, Civil Appeal No. 18 of 1981. (From the judg...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ..Category: Election Law | Date: | Hits: 121
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....nt injunction against respondent No.1 on the allegation that fee had encroached upon the Managing Director's right to run the affairs of the company. Appellant No. 2 Zahiruddin Ahmed called an extra-ordinary general meeting on 26-10-73 to appoint one more Director, with a view to comple......rd —For the Respondent 1. Rafique-ul-Huq, Senior Advocate, with Fazlul Huq, Aminul Huq, Advocates, instructed by Sakhawat Ali, Advocate-on-Record— For the Respondent 2. Ex-parte—Respondent No. 3. Civil appeal No 37 of 1980 (From the Judgment and Ord......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
.... question involved is whether the learned Judges of the High Court Division after finding that the order of cancellation was vitiated as being malafide were well founded in law in refusing to exercise writ jurisdiction on the ground that it was a contractual breach of term of the lease and ......Appellants. Abdus Sobhan, Additional Attorney-General, with Motiur Rahman, Asstt. Attorney-General, instructed by A. W. Mallick, Advocate-on-Record— For the Respondents 1-2. Ex-parte.—Respondent 3. Civil Appeal No. 3 of 1981. (From the Judgment and Order ......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ..Category: Property Law | Date: | Hits: 53
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
..... The respondent surrendered 80,000/00 rupee demonetised notes to the Feni Branch of the then National Bank of Pakistan. As per the Regulation the equivalent of 9000/00 rupee demonetised notes were exchanged for the legal tender and for the balance he applied to the Area Committee for release of t......ord—For the Appellant. Md. Nurul Huq, Advocate-on-Record—For the Respondent No. 1. A. Salek, Advocate, instructed by A. W. Mallick, Advocate-on-Record—For the Respondent No. 2. Ex-parte—Respondent No. 3. Civil Appeal No. 117 of 1980. (From the judgment and order dated 5......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....n Tobacco Co. Ltd. 13 D.L.R. (S.C.) 280, A. Robrio, 27 D.L.R. 98, M/s. Nabisco Biscuit and Bread Factory W.P.N. 397 of 1974, Rats vs. National Arbitration Tribunal, 1948 I.EB. 424, Joblr vs. Middlesex County Council (1949) I.K.B. Lawyers Involved Syed Ishtiaq Ahmed, Senior Adv......Nos. 26 and 27 of 1978) T.H. Khan, Senior Advocate, with Dr.Zahir, Advocate, instructed by S. M. Huq, Advocate-on-Record.— For the Appellant (in C.A. Nos. 46 and 47 of 1978). Ex-parte.—Respondent No. 1 (in C.A. Nos. 26 and 27 of 1978) Ex-parte.—Respondent N......47 of the Ordinance. The company questioned the employee's competence for present the aforesaid applications before the Labour Court. It denied the existence of any industrial dispute and of dismissal of the employee as a consequence of such dispute. The company also denied the plea o..Category: Labour and Industrial Law | Date: | Hits: 91
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
.... ED/Sp-II (M)-9/7S-47 (500) dated 18.3.78. was issued. In the instant case the Bangladesh Biman in pursuance of the said Memorandum dated 18.3.78 prepared a revised seniority list dated 9.6.78 (Annexure 'D'). The appellant contended that this revised seniority list has effected him adv......tructed by M.R.Khan, Advocate-on-Record —For Respondent No. 1. Shafique Ahmed, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record—For Respondents 2 & 3. Ex parte—For Respondents 4, 5 & 7-10 Civil Appeal No. 118 of 1979. (From the......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 94
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and that according to that custom he alone was the sole heir of Moulvi Aziz to the exclusion of his female heirs since the custom was alleged by the defendant………….(21) ......te, (J.A. Parvez Advocate with him) instructed by Hamid Aslam Quoreshi, Advocate-on-record—For Respondent Nos. 1 (1), (iii). (iv) & (v). Not represented—Respondent No. 1(iv). Ex-parte—Respondent No. 1(ii) & 2(i) Civil Appeal No. 52 of 1966. (On appeal from the......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....espondents Judgment November 30, 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree without producing the relevant documents on the basis of which relief is sought for......gladesh.............................................Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintif......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
....men have to be laid off for an indefinitely long period necessitating the termination of their services under clause 11(3) and that the services of a permanent workman cannot be terminated otherwise, except by way of penalty for misconduct. These contentions do not appear to be tenable. Clause 11(...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......Termination of Service" which was referred to by Mr. Humayun Kabir Chowdhury in support of his contention, merely says that a permanent workman is entitled to a service certificate at the time of his dismissal, discharge or retirement from service. It does not put any restriction on the power of..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
....urban Ali M. Merchant. 2. Purviz Merwanji Dalal........................... Respondent Judgment May 27, 1965. Lien on the security deposit by a member of stock exchange As per rule 3(iv) of the Forward Contract Rules all deposits by a member of Karachi Sto...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....e said two respondents were transferred to the East Pakistan Development Corporation (hereinafter called the Corporation) and their appointments were duly approved by the Corporation on the pre-existing terms and conditions. Both the respondents were subsequently confirmed in their respectiv......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ......will be necessary for that authority to take formal disciplinary proceedings and to give to the servant concerned a reasonable opportunity not only to defend himself but also to show cause against dismissal. If, therefore, the authority does not wish to take disciplinary proceedings against the ..Category: Employment/Service Law | Date: | Hits: 96
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....on case against him was that he had thrown acid on Arif Mirza, because of his suspicion about his illicit connections with the appellant's wife. The acid, which fell on the face of Arif Mirza, caused extensive damage by burns, including the loss of his left eye, which had to be extracted. 2. ......r is represented by a pleader, either he or his counsel must be heard. Mahmood, J., in his dissenting opinion, on the contrary, held that section 422, in conformity with the principle of audi alteram partem, implies that where an appeal is not summarily rejected under section 421, the appellant must......nted under section 419 as a regular petition, or a jail petition under section 420, the Court may call for the record of the case, but shall not be bound to do so. Once an appeal survives a summary dismissal, the appellate Court has then to give a notice, under section 420 of the Code, to the appe..Category: Criminal Law | Date: | Hits: 78
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....deceased girl, it was stated in the plaint, was stated in the plaint, was an ''uncommon girl" possessed of "unparalleled beauty and unimpeachable sound health." She was also said to have been a "rare expert" in singing and dancing at her age. Her versatile genius and good qualities made her particip......-D of 1965 & In Civil Appeal No. 73-D of 1966.) M.A. Rouf, Advocate, Supreme Court, instructed by M/S. Haq Rab, Attorney—For Respondent No. 1.(In Civil Appeal No. 38-D of 1965). Ex- parte-Respondent No. 2 (In Civil Appeal No. 38-D of 1965). M.A. Rouf, Advocate, Supreme Court, i......gment debtor and not against the appellant. The executing Court took the view that since the suit was dismissed against the proforma-defendant No. 3 the insurer and there was no appeal against such dismissal of the suit, the insurer could not be brought into the picture again. It further held that..Category: Others | Date: | Hits: 124
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
....n acting as an appellate authority under the West Pakistan (Control of Goondas) Ordinance, 1959, hereinafter referred to as the Ordinance, can suspend the operation of the impugned order without an express provision to that effect in the Ordinance. 2. In pursuance to a complaint lodged by t......12; Ball vs. Nixon (1875) LR 10 QB 152; Nga Sen Tin vs. Emperor (XIII) CRLJ Report 492. Lawyer Involved: Kazi Akhtar Ahmad, Advocate-General—For the Appellants. Respondent—Ex-parte. Civil Appeal No. K-6 of 1969. Judgement Muhammad Yaqub Ali J.—The q...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ..Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....and a land owner, approached the plaintiff bank and wanted financial help by way of overdraft arrangement upto a sum of Rs. 25000/-. The plaintiff bank agreed to the proposal. The said defendant then executed on 11th October, 1944, a security bond and thereby hypothecated all his the then contract......ate, instructed by Muhammad Nurul Huq, Advocate-on-Record—For the Appellant. Ahmed Sobhan, Senior Advocate, instructed by Abu Bakkar, Advocate-on-Record—For Respondent Nos. 1(a) to 1(c). Ex parte-Respondent Nos. 2 to 4. Civil Appeal No. 103D of 1968. (On appeal from the judgment a......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..Category: Banking Law | Date: | Hits: 230
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....ment Commissioner reviewing the order of his predecessor. The dispute relating to the status of the respondents as "displaced persons” had also, in the opinion of the High Court, not been correctly examined by the Settlement Commissioner. This too, needed fresh determination. The High Court also r......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ..Category: Property Law | Date: | Hits: 61
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