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Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......te-on-Record-For the respondent. S.R. Pal, Sr. Advocate, appeared as Anmicus Curiae. Civil Appeal No. 31 of 1972 (From Writ Petition 85 of 1974. 46 other appeals were heard analogously and disposed of by this judgment) Judgment B.H. Chowdhury J.- These appeals arise out of ......reating a complete usufructuary mortgage exceeding 15 years or usufruetuaty mortgage other than complete usufructuary mortgage was also forbidden and such documents were declared inadmissible in evidence. Thus a drastic change was made by Act IV of 1928 and a new type of mortgage being "co..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....dge of the High Court correctly appreciated the ratio decidendi of the decision of this Court in Motilal Sikder Vs. Benodini Dasi, 28 DLR (AD) 5 and whether the same has been correctly applied to the facts and circumstances of this case. 3. Facts relevant for disposal of the appeal are th......Judgment March 18, 1980 Result: The appeal is allowed. The pre-emptors cannot succeed on such an application-several co-sharers in the holding were omitted in the pre-emption case and they were not brought on record in spite of objection taken by the pre-emptees-- The instan......y, whether the petitioners were the owners of the contiguous lands and whether the application was barred by limitation. On both the points the learned Munsif found, on consideration of the evidence, in favour of the pre-empjors. On the question of defect of parties the learned Munsif obse..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....ing no legal effect as such. A recent decision of a Division Bench of the Supreme Court of India reported in AIR 1978 SC 930 has also upheld the aforesaid proposition of law. 6. In the foregoing facts and circumstances of the case and the reasons stated hereinbefore and subject to obs...... March 5, 1980 Result: The Rule is made absolute. Case Referred to- Abdul Hadi, Managing Partner, Hadi Brothers Vs. EPWAPDA, W.P. No 448 of 1968 (un-reported); Joseph Vilangandoa Vs. Executive Engineer (PWD), AIR 1978 SC 930. Lawyers Involved: Syed Ishtiaq Ahmed ......This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78 ..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....learned Advocate relied upon the case of Abdul Haque Miah and others Vs. Abdul Rashid & others reported in 35 DLR 54 (AD). But the decision is of no assistance to the learned Advocate as the facts of that case are different from the facts of the instant case before me. In that case the......r Vs. Satya Bhoma Nath & others...................Opposite Parties Judgment March 3, 1980. Result: The Rule is discharged. Case Referred to- Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfun Naher Vs. Syeda Hashmat Ara, 21 DLR......of the judgment of the learned Subordinate Judge it appears that while he came to the finding that the land was agricultural land and not non-agricultural land he considered both documentary and oral evidences. He took into consideration C.S. Khatian, Ext.5, S.A. Khatian, Ext.6 kabala Ext.1 written ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
....also been held that enquiry about compliance of the provisions of the statute may call for consideration of fact; at each point. There may be a case of waiver or acquiescence or such supervening facts and circumstances as to make the compliance with the enactment beyond the control of the tenan......ump does not help the tenant from the mischief of default- A tenant by making payment of rent in lump shall ordinarily be treated as a defaulter in the payment of rent in terms of section 18(1) and 18(5) of the Premises Rent Control Ordinance, 1963, unless there is a contract to the contrary o...... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....ed Advocate for the petitioner in any way. The cases reported in AIR 1939 Allahabad 280 and AIR 1936 Patna 466 also do not support the contention of the learned Advocate for the petitioner. Moreover, facts of these two cases are distingushable from the facts of the present one. In this view of the m...... others Vs. Government of the People Republic of Bangladesh & others, 1977 BSCR 32; Serajuddin Bepari & others Vs. Mizanur Rahman & others, 29 DLR ($C) 82,; S.N. Gupta & Co. Vs. Sadaananda Ghoss & others, PLD 1960 Dacca 153. Lawyers Involved: Amirul Islam with Abdu......e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93. ..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ......l is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interest in the land in question the preemption case......vent of death, but it devolves upon his legal heirs…………(5) Waiver of the right When a co-sharer is non-notified and the pre-emptee could not establish by leading evidence that he had (non notified co sharer) knowledge about the transfer, there is no scope for ra..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....es Finlay & Co. Ltd. (hereinafter called "the Company”, is the appellant. The company which is the appellant in Civil Appeals No. 26 and 27 of 1978 is the employer. 3. As the facts involved and the points of law raised in these appeals are common, they were heard analogously......lay & Co. Ltd. & Another……..……………………Respondents Judgment January 7, 1980 Result: Civil Appeal No. 26 and 27 of 1978 are allowed. Appeal Nos. 46 and 47 of 1978 are disposed of. Case Referred t......n with any industrial dispute but it was a proceeding under section 50 of the l.R.O. for interpretation of a particular term of the Agreement. 42. The Labour Court after discussing the evidence on record found in both the cases that the charge of misconduct as defined in section 17 of..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....s on property which is in his possession. No tight in rem passes to the licensee.” It remains to be seen how far the appellate Court below has correctly applied the above principles to the facts and circumstances of the case. 12. Mr. M. Hafizullab, learned Advocate for the appellant,......in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb AIR 1965 (SC) 60; Goalunda Fishing Industries Vs. Pakistan, (1970) 22 DLR (Dacca) 349; Errington Vs. Errington, in 1952 (1) All E.R. 149; Cobb and another Vs. Lane, in 1952 (I) All E.R. 1199; Issac Vs Hotel De Paris Ltd., (1960) 1 All E.R. 348......ate Court accepted the opinion of (he finger-print expert that (he defendant no. 1 put his thumb impression on Ext. 1(c). it held, however that the dependant no. 1 being illiterate and there being no evidence that the document was read over and explained to him he put his thumb impression thereon wi..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....eir promotions have been approved by the President. 19. Affidavits-in-reply were field on behalf petitioners denying the allegations made in the affidavits-in-opposition and reiterating the facts stated in the petition. It was further stated in the affidavits-in-reply that the continu......4 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Province of East Pakistan, PLD 1971 SC 82. Lawyers Involved: Syed Ishtiaq Ahmed with S.A. Latif, Abdul Rah Chowdhury and Rabia Bhuiya, Advocates-For the Petitioners. K.A. Bakr, Attorney General, with MM. Haq and ......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....tween the workers and the management, the workers compensated the loss of the working day by working extra day on 19.3.76 which was a holiday in the Mill.
3. The Labour Court on consideration of facts and circumstances of the case and on perusal of the pleadings of the parties and evidence on r......
Lawyers Involved:
Asrarul Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record - For the Appellant (In both the appeals).
A.N.M. Gaziul Huq, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Respondent No.2 (In both the appeals).
Civil Appeal Nos.8 &......ay by working extra day on 19.3.76 which was a holiday in the Mill.
3. The Labour Court on consideration of facts and circumstances of the case and on perusal of the pleadings of the parties and evidence on record allowed both the complaint cases and ordered reinstatement of the complainan..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....se of verbal gift to defeat the claim of these defendants in the disputed property and that the suit ought to be dismissed and the succession certificate should be granted to the defendants. The facts relating to the succession case need not be stated separately since the defendants' defenc......& another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ......icate case. This suit was tried analogously along with the said Succession Certificate case. 5. The learned Subordinate Judge after framing necessary issues and on consideration of materials and evidence on record decreed the suit. On appeal the suit was remanded, mainly on the ground that the ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....Appeal No. 32 of 1979. (From the Judgment and Decree dated 15-12-76 passed by the High Court in F.A. No. 195 of 1974) Judgment K. Hossain CJ.—The defendants are the appellants. The facts in dispute are not much and they may be set out in a few words. The plaintiff and the two......32 DLR (AD) (1980) 24. ......taining in second paragraph of section 45 of the Transfer of Property Act. It is true that the learned Judges of the High Court applied the rule, but in so applying they have fully considered the evidence called by both sides and have found that the plaintiff's two witnesses, plaintiff himself..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....timate proceeding under President's Order No. 16 of 1972. so as to take properties which were not abandoned within the meaning of abandoned properties. Be that as it may, the Rule, in view of the facts of the case, should be made-absolute.
The rule is, accordingly, made absolute and the imp......of Public Works & Urban Development, Government of Bangladesh………..Respondents
Judgment
August 17, 1979.
Result:
The rule is made absolute.
Owner of abandoned property has no legal authority to transfer the property-
An abandoned property within ......t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....ns Procedure, which has been knocked down by the impugned order for correcting a mistake committed at the time of earlier promotion given. 5 years ago i.e., on 20-8-73. We appreciate the admission of facts by the Corporation that due to mistake committed by their officers the earlier promotion was g...... Kazi Ali Noor………………………………………..Petitioner Vs. Secretary, Ministry of Agriculture and others………….Respondents Judgment July 26, 1979. Result......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....n this appeal by leave, though a short one, is not devoid of some public importance as the true scope and import of proviso to Rule 11 of Order 22 of the Code of Civil Procedure is involved. Detailed facts in controversy between the parties need not be set out excepting that the appeal arises out of......esent: Kemaluddln Hossain CJ Ruhul Islam J KM subhan J Abul Bashar Toha…………………….......Appellant Vs. Sujayat Ali and others……………………Respondents Judgment ......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....s to support the intended enquiry taking the ground that it is not a judical enquiry but it is an administrative enquiry for a different purpose, such as, for the purpose of ascertainment of the real facts so that the Government could be satisfied that it is a fit case in which the public prosecutor......
Present:
Shahabuddin Ahmed J
Rafiqur Rahman J
Shaikh Keramat Ali..............................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents
Judgment
July 6, 1979.
Result:
The rule is made abso......ect say of further proceeding of the case, but when the complainant's charge-sheeted witnesses were informed about the intended inquiry and were also asked to appear before the Magistrate to give evidence in the matter then the enquiry has not remained a confidential matter. Mr. Huq has argued t..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
.... Judgment Abdul Rahman Chowdhury J. - This rule is directed against an order passed by the Chairman, Labour Court Khulna dismissing the petitioner's case as not maintainable. 2. Short facts leading to this rule are that while serving under Respondent No. 2 as Stores and Equipment Sup......l Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M Afzal J Mujibur Rahman Sarkar...............................Petitioner Vs. Chairman Labour Court, Khulna and another…………...Respondents Judgment June 29, 1979. Re......ellip;……...Respondents Judgment June 29, 1979. Result: The rule is made absolute Whether a person is a worker or not depends in each case with reference to the evidence on record- A person does not cease to be a 'worker' merely because he is emplo..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC
....ship certificate on 17.3.75 which has been refused by the impugned memo Annexure-I. 3. The petitioner has been opposed by the Respondent No.1 putting in an affidavit in opposition. So far as the facts as stated in the petition are concerned, these are not disputed. The main contention is that t......Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Result: The rule is mad...... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29 ..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....rty Tax was in force, the two taxes together, viz. the property tax and the building tax should not exceed 17% when the annual value exceeds taka 10,600/-. 5. In view of the aforesaid undisputed facts and the earlier decisions of this Court in similar matters. Mr. Asrarul Hossain has contended ......ction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Sonali Bank (formerly National Bank of Pakistan)…………......Petitioner (In Petition Nos. 135 and 242 of 1970) Vs. Taxation Officers, Urban Immovable Property Tax, Dacca & Narayang......ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414. ..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
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