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Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

....rgued that the entry by the respondents into the tea garden and taking over thereof without any previous notice was not in accordance with due process of law and contrary to all principles of law and justice. In this connection he has referred to sections 111(g) and114A of the Transfe......�ী করা হইবে। তৎপরিবর্তে মাত্র ২০৯ একর জমিতে চা আবাদ করা হইল”। The area under tea plantation, according to official records therefore comes to little less than 30%. But in the affidavit in oppos......idul Huq Chowdhury, petitioner No.2 in person, with M.H.A. Sikdar, M.I. Faruqul, A.Y. Masthuzzaman and A.K.M. Nazrul Islam-For the Petitioners. Kazi Shafiuddin, Asstt. Attorney General-For Respondent No.2 Writ Petition No. 529 of 1980 Judgment Abdur Rahma...... General. 2. The petitioner in the Rule have although maintained that they had a valid lease for the Tea Garden in question and that it was taken over by the Government Illegally and without any lawful authority whereat the Government tried to make out a case in their affidavit in opposition th..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)

....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......ersing those passed by the learned Munsif Second Court, Narayangonj in a suit for partition. The plaintiff's case may briefly be stated as follows: That the suit property originally belonged to Gour Majhi who had 2 sons namely, Defendant No. 1 and Nagar Mondal. Nagar Modal predeceased his f......the son of Gour Majhi's brother Keroly Majhi. Nagar Mondal, son of Keroly Majhi married the daughter of one Hari Charan Mondal and lived in Hari Charan Mondal's house as a domesticated son-in-law. Nagar Mondal always lived in his father-in-law's house leaving behind the plaintiff as his ..

Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

.... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ...... causing antedated seniority to respondent No. 4 above the petitioners herein must be held to have been made illegally without any lawful authority, having no legal effect. This Rule is made absolute accordingly without any order as to costs. A. W. Chowdhury J. - I have gone through the judgmen......ndents Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 B......epublic provided that it shall be competent for the President to make rules regulating the appointment and conditions of service of such persons until provision in that behalf is made by or under any law, and rule so made shall have effect subject to the provision of any such law. From a careful rea..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ......for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ......ip;………………………Opposite Parties Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Abdur Rahman Vs. Base......the Appellate Division of this Court in the case of Akhtarun Nessa and another Vs. Habibullah & ors. reported in 31 D.L.R. (A.D) 88. Their Lordships of the Appellate Division have stated the law on the question as follows: "Any objection as to omission of necessary party must..

Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......��………Petitioner Vs. Abdul Halim Molla & others………………………Opposite party Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280;; Anwara Begu......ion of the Appellate Division of this Court in the case of Akhtarun Neesa and another Vs. Hobibullah & ors. reported in 31 DLR (AD) 88. Their Lordships of the Appellate Division have stated the law on the question as follows: "Any objection as to omission of necessary party must be taken ..

Category: Property Law | Date: 10 Dec, 1981 | Hits: 19

Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)

.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ...... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ...... Haji Md. Ekramullah & others...................Respondents Judgment December 7, 1981. Result: The Appeal is dismissed. Whether by a Conditional Sale a Mortgage Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act con......on in the present case being that the mortgage deed, ext. 1, did not stand in the way of tenants being settled on the land, the tenant so settled whose interest in the land was well defined under the law, could not be evicted without recourse being had to the provisions of law applicable to the evic..

Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10

Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)

.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ......Judge reversing those of the learned Munsif, 3rd Court, Dacca passed in a suit for reconveyance of land in suit. 2. The plaintiff's case in short is that the land id suit originally belonged to his father. While his father was in possession of the same as owner he sold the suit land to defe......ny occasions with a prayer for reconveyance of the suit land at agreed upon but was refused. Lastly in the month of Agrahayan 1374 B.S. the plaintiff served a notice, by a registered post through his lawyer, upon the defendants demanding the reconveyance on payment of the consideration money but als..

Category: Property Law | Date: 7 Dec, 1981 | Hits: 2

Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)

.... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ...... gallons of oil from Jamuna Oil Company 5000 gallons of oil wore found to be short on the basis of the measurement made by calliberation chart available in the barge and that the petitioner accordingly reported to the authorities by his several letters about the discrepancies of measuremen...... November 18, 1981. Result: The rule is discharged. Certiorari jurisdiction Court exercising certiorari jurisdiction under Article 102 of the constitution is not entitled to take a different view or reverse the finding of the enquiry committee on appreciation or rev......The petitioner also in the said letter was asked to submit his explanation if it is so desired. The petitioner again submitted his explanation stating that the enquiry was not held in accordance with law. Thereafter the Chief Engineer, respondent, No.2 by his letter dated 22-9-79 dismissed the petit..

Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2

Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)

....ard requisite of an Advocate practicing in this Court. The Bar Council, it is claimed, with a view to maintain proper professional standard in this Court and in the interest of administration of justice in the superior Court have thought it fit not to grant exemption as prayed for by the petiti......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......n Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. Judgment Abdur Rahman Chowdhury J. — While concurring with the order passed by my learned brother I propose to add a few words of my own. In course of hearing of this petition several points have come up......period of two years before he is eligible to practice before the High Court Division. From our experience both at the Bar and at the Bench we have found that this period of two years spent by a young lawyer in the Subordinate Courts to make himself eligible for practice before this Divisio..

Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......ld not exceed 90 days. Further stipulation was that failure to deposit the Bank guarantee within the stipulated time would mean forfeiture of earnest money as well as the cash down payment. Appellant accordingly made 25% payment and the draft of the Bank guarantee was submitted for approval by the C......c Relief Act (1 of 1877) Section 22 & 26 Sale of Goods Act (III of 1930), Section 58 Code of Civil Procedure (V of 1908). O.XLVII r.6 Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. Act--Direction is such suit is regula......Civil Procedure (V of 1908). O.XLVII r.6 Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. Act--Direction is such suit is regulated by law--The discretion is not wide enough to vary the terms of a contract without assigning good reason..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)

....ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......) of the Penal Code provides that in an appeal from a conviction the appellate court "may alter the finding" "Finding" means the result of a judicial examination, specially into some matter of fact. The expression "may alter the finding'' clearly empowers the ap......o some matter of fact. The expression "may alter the finding'' clearly empowers the appellate court to consider the entire evidence against the accused appellant both as regards fact and law and to substitute its own finding…….(8) Cases Referred To- Imran Ullah V..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3

Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)

....affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ......affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ......tion, impersonation, undue influence, absence of consideration rests on the person who asserts the same and only after that burden was discharged prima facie the burden would shift on the other party to prove that it was not so. A plaintiff without proving his case prima facie would not as of r......ee ex parte as of right on the failure of the contesting defendant to appear on the date of hearing without proving a prima facie case as contended by the learned Counsel for the appellant. Under the law the contents of a document is to be proved by producing the document itself for inspection of th..

Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

....hat he was otherwise influenced by the prosecution the Special Tribunal find that what P.W.10 has stated before it was an exposition of truth and his evidence cannot be brushed aside for ends of justice particularly when he has proved the charges of collaboration against the accused before......q. He deposes that he took up investigation of this case at the first instance. He further deposes that on 27-7-72 S.P, Kushtia passed order to make over the case diary of this case to C.I. Sadar and accordingly he made over the case diary to C.I., Sadar on 29-7-72. P.W.15 Nurul Bashar corroborates ......………………………………State Judgment November 3, 1981. Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate......;tion the name of the accused appellant anywhere in his evidence, farless about his activities. P.W.3 Nurul Islam in answer to a question from the Court stated that accused Saad Ahmed was a lawyer and Chairman, Peace Committee. We also stated that the accused was Chairman of Razakars. The ..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)

....t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ......efendant 3 on receipt of the legal notice from the "plaintiff had executed a kabala for his 1/3 rd share. It also took the view that the contract is void so far the defendant 2 is concerned. It, accordingly, affirmed the decision of the trial Court and dismissed the suit. 3. In the seco......ury J Shahabuddin Ahmed J Archana Proshad Nandi.....................Appellant Vs. Miss Chilia Randolph and others....................Respondents Judgment October 28, 1981. Result: The appeal is allowed. Case Referred To- Har......hat where a person is jointly interested in an estate with another person, and purports to deal with the entirely, specific performance will not be granted against him as to his share. The law intends one to be dutiful rather than to be generous. The parties have entered into a bargain. ..

Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234

Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)

....ages a State, whose fundamental aim is to realise through the democratic process a society, free from exploitation society in which the Rule of Law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens. Keeping this proclamation......sed the decisions and observed: “It is clear that the present attitude of the Courts whether justified by authority or not, is in favour of an abdication of controlling authority. There is accordingly I suggest a strong case for the further reform I would accordingly suggest that the juri......adesh (1972); Art. 102 (2) (b); Art. 45 & 102 Scope of Enquiry and Interference in Habeas Corpus— Writ - Habeas Corpus--Court Martial- High Court Division has no jurisdiction to interfere with the decision and order of Court Martial except on limited grounds of Coram non jud......am non judice and malafide— The jurisdiction of the High Court Division in an application in the nature of Habeas Corpus is to see if a person in custody is there in pursuance of any lawful authority and when a person is serving out an order of sentence passed by a Court or tribunal..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ...... as per information gathered from the locality and available records. 14. The case of the respondent Society is that it adopted a housing scheme for which acquisition of lands was necessary, and accordingly, it applied to the District authority for the same. The District Land Allocation Committ...... 1980) Syed Ishtiaq Ahmed, with Shah Mohammad Sharif, Mahmudul Islam, Fakhrul Islam, Md. Wahidullah, Farid Ahmed and Nizamul Huq, Advocates—For respondent No. 6. M. M. Hoque, Asstt. Attorney General, for respondent Nos. 2 to 4. Md. Rafiq Mia & others —Petitioners.......of Writ Petition Nos. 65/80 and 96/8. The third group comprises of Writ Petition No. 155/8. 3. These three groups of writ petitions were heard consecutively and, as common questions of facts and law are involved in all of them, they will be disposed of by this single judgment. 4. The petit..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Managing Partner, Messrs, Bank Line Na¬vigation Company Vs. Chairman, Second La-bour Court, Dacca and other, 1981, 10 CLC (HCD)

....ing inter alia that the petitioners had been dismissed lawfully after holding a fair and proper enquiry into allegations against them and that there had been no violation of the principles of natural justice. The learned Labour Court as regards the holding of enquiry into the charges against the res....... In the facts and circumstances there will be no cost of these Rules. Abdul Wadud Chowdhury J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 55 ......gle act of neglect of work would constitute misconduct. In the instant case the aforesaid single act of neglect in plying the vessel during the night and in a foggy condition of weather amounted to a misconduct under clause (h) of sub-section (3) of section 17 of the Employment of Lab......d them from their services. 2. The petitioners contested the said applications before the Labour Court and filed a written statement contending inter alia that the petitioners had been dismissed lawfully after holding a fair and proper enquiry into allegations against them and that there had be..

Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....d circumstances of each case. Writ petition--Government of Bangladesh made respondent--Petition not bad for not impleading some of the officers of the respondent. Writ--Mandamus--Demand for justice— When there are special circumstances to indicate that demand for justice would b...... or to show him any such decision of the Government of Bangladesh in writing, but without any success. He also requested the said officer to allow him to see some lawyers so that he could take action according to law against such decision of the Government, but this was also denied to him. On the sa......n of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On the test applied under rule 4 of the Passport Rules, 1955 it cannot be said that the pass......was not a valid passport. On the allegation that Towab obtained the passport in question on suppression of material facts in a clandestine manner he may be appropriately dealt with in accordance with law but he could not be refused entry into Bangladesh on such allegation. Power of Attorney&mda..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)

....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......ip;………..Respondent Judgment July 14, 1981 Result: Appeal is allowed Penal Code (XLV of 1860), Section 464 Forgery Anti-dating of a Kabala to show that it was executed earlier to defraud the holder of the earlier Kabala amounts to forgery.......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ..

Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0

Bengal Water Ways Ltd & Another

....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ...... the petition for winding up before the court. House of Lords was of the opinion that the company in substance was a partnership and that a partner was excluded from the management of the company and accordingly it allowed the petition for winding up by reversing the judgment of the court of Appeal ......private limited company can, if circumstances so permit, be would up on the principles of dissolution of a partnership firm……………….(30) Exclusion of director or deadlock in the management are grounds for dissolution of a company on equitable principles. ...... elected as an Additional Director and through Zohura Khatun, Zahiruddin Ahmed got a suit filed, being Title Suit No. 255 of 1973 in the 6th Court of Munsif, Dacca, seeking declaration that she was a lawful owner of 2200 shares and that she was duly elected a Director of the Company. 8. Zahirud..

Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0

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