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M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....anwhile, however, Emergency was withdrawn on 16-2-1969 and on the date Ordinance 1 of 1969 Enemy Property (Continuance of Emergency Provision) Ordinance 1969 was promulgated continuing some provisions of the Defence of Pakistan Rules. While the law was so continuing, came the Liberation Wa...... High Court of Bangladesh in Writ Petition No. 121 of 1973) Judgment Kemaluddin Hossain CJ. - The question involved in this appeal as urged by Mr. Pal is a substantial question of law of some public importance; as to whether Ordinance 1 of 1969 was not continued by Laws Cont..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....39;them being the Bangladesh Minerals Oil and Gas Corporation. Subsequently, the Government of Bangladesh acquired exclusive right of exploitation and marketing of natural gas in Bangladesh under the provisions of the Petroleum Act, 1974. This Act has been passed in pursuance of Article 14......f 1980 from Writ Petition Nos. 471 of 1979 and 178 of 1978.
Judgment
Fazle Munim J.- These two appeals, namely, Civil Appeal Nos. 169 of 1979 and 65 of 1980 involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals.
2. Civil A..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
.... Act, 1965 the Labour Court is required to decide a matter arising thereunder in a summary way as it deems proper. It has already been held in various decisions of this court that under the aforesaid provisions of section 25 of the said Act a Labour Court is not a court of appeal sitting o......bour court cannot reverse his finding. Reinstatement in service— Even when the proceeding before the Enquiry officer suffers from proper compliance with the procedure laid down by the law warranting quashment of the dismissal order, reinstatement cannot follow as a matrer of course--..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....n the Preliminary decree which can be corrected ex debito justitiae….. (14 & 16) Drawing up of final decree without notice to the parties whether Permissible There is no specific provision of serving notice upon the parties or their respective lawyers after the Pleader Commissio......ae….. (14 & 16) Drawing up of final decree without notice to the parties whether Permissible There is no specific provision of serving notice upon the parties or their respective lawyers after the Pleader Commissioner submits his report. But if considerable time has elapsed betw..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....y;lowing term. "Explanation—A case triable by a Court of Session pending before a Magistrate for enquiry may also be transferred to a Martial Law Court for trial." The above provision empowers, inter alia, the Chief Martial Law Administrator to transfer a "case" f......urt No. II, Dacca convicting the petitioner under section 302 of the Penal Code and sentencing him to death and the order dated 29-1-1978 confirming the sentence of death have been taken without lawful authority, and are of no legal effect; and for an order directing the respondents No. 2 and 3..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....th an agreement to reconvey. An out and out sale accompanied by an agreement for reconveyance is within the purview of the President's Order Nos. 88 and 136 of 1972 and No.24 of 1973 whereby provisions of section 95 of the Act have been amended and a new section being section 95A has been i......ed appeals under Article 103 (2) (a) of the Constitution. 2. Facts of all the appeals need not be recounted except one as the matters were proceeded on one common ground of validity of some laws which will be mentioned hereinafter. 3. Facts of the case in Writ Petition No. 85 of 1974 ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....ng should be impleaded in the pre-emption proceeding. In taking this view the learned Judge referred to the decision in Motilal Sikder Vs. Benodini Dasi 28 DLR (AD) 5. The learned Judge held that the provision of subsection (2) of section 96 of the State Acquisition and Tenancy Act, 1950 regard......ection (2) is to have all the co-sharer tenants or all the tenants holding lands contiguous to the land transferred, before the Court for proper and complete adjudication in accordance with law. A co-sharer tenent or tenant holding land contiguous to the land transferred may waive his..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....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 ......tractor without prior notice was held to be violative of the general principles of the rules of natural justice and on that account declared such order of black-listing was made without any lawful authority having no legal effect as such. A recent decision of a Division Bench of the S..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
.... Area. This section has got no manner of application to case of an agricultural land situated outside the Municipal Area. In the present case the land being admittedly situated outside Municipal area provisions of section 24 of the Non-Agricultural Tenancy Act has little application. Moreover, under......s support in the decision of a Division Bench of Dhaka High Court in the case of Lutfun Naher Vs. Syeda Hashmat Ara reported in 21 DLR 633 DLR 633 wherein it has been held that; "The position in law, therefore, is that the Character of the land is determined by the purpose for which lease ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....rm of the agreement. The opposite party No. 1 has submitted the film without the signature of the petitioner as such he filed the suit for permanent injunction. In the agreement itself where there is provision for compensation to be given in the event of noncompliance with the terms of the agreement......tion 115 of the Code of Civil Procedure and obtained. 3. Mr. Amirul Islam, the learned Advocate appearing on behalf of the petitioner submits that the lower appellate Court committed an error of law apparent on the face of the record while passing the order of stay of the order of the learned M..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 ......-emption does not lapse in the event of death, but it devolves upon his legal heirs. The legal heirs inheriting the land are competent to exercise the right of pre-emption in accordance with the law. 6. Mr. Abdus Salam, the learned Counsel appearing for the appellant submitted that Sadat A..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....ations under section 34 of the Ordinance would appear to be barred. The bar comes from the definition of the word 'worker' as provided in the Ordinance as well as its object, scheme and other provisions. Two decisions which considered the definition of 'worker' and other relevant pro......y;inafter 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 and this judgment will govern al..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....36 which strongly suggest a tenancy. Further, in the plaint itself the transaction in question has been described as a lease in more than one place. The appellate Court below then noticed some of the provisions, of the agreement in question Ext. 1(c). In clause I thereof the defendants was authorise...... and that the document was not binding on him. 9. Mr. Hafizullah, learned Advocate for the appellant, contend that this finding of the appellate Court below is not correct, as it has applied the law relating to documents executed by a pardanashin and illiterate lady to the instant case. The def..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)
....nd 2, but this division of the area due to which petitioner's area is reduced to any two Unions is contrary to rule 10 which requires at least 5 Unions to constitute an area. It appears that this provision of law escaped the notice of the learned District Judge who has observed that the question......n order of temporary injunction passed by the Munsif 3rd Court Tangail in O. C. Suit No. 225 of 1977. 2. Petitioner before me is the plaintiff who filed the suit for a declaration that he is the lawfully appointed Nika Registrar in the area of Nagarpur Police Station and that the appointment of..Category: Family Law | Date: 30 Nov, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....d 10th April 1971, continue to be so in force with such consequential change as may be necessary on account of the creation of sovereign independent State of Bangladesh. On a perusal of the aforesaid provisions of law it would appear that the former Central and Provincial rules relating to service a......n so far as they relate to the promotion of respondeqt Nos. 3 and 4 (in Writ Petition 527/79) and respondent Nos. 3 to 7 (in Writ Petition 528/79) should not be declared to have been made without any lawful authority and of no legal effect and why the respondent Nos. 1 and 2 of the petitions should ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....erspective and the second stipulation in the said agreement had amply provided the management with the power of dismissal of the striking workers. This has no substance, because of the statutory provision in Section 18(7) of Employment Labour (Standing Orders) Act, 1965 which is in the followin......peals by special leave are directed against an order of the High Court Division in Writ Petition Nos. 654 and 655 of 1976.
The points for consideration are whether the courts below erred in law in not considering the second stipulation of the agreement which manifestly reserves with t..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....uent execution and registration of a deed of gift. Effective delivery of possession of gifted immovable property in occupation of tenant will be occurred by delivery of title deed. The provision of s.23 of the Non-agricultural Tenancy Act prohibiting transfer of non-agricultural ......is a bar to the passing of title by oral gift in favour of the plaintiffs, even if the story of alleged gift be taken to be a true one. He also found that the Transfer of Property Act being a Central law and the provision of Non-Agricultural Tenancy Act being a special law on matters of transfer of ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ion 9 of the Specific Relief Act does not specifically create any right but provides a remedy to a possessor to recover his possession, if he is wrongfully dispossessed in terms of section. These two provisions amongst others are instances of statutory provision but they are by no means exhaustive...... performance of the contract and that contract has been affirmed by a decree for specific performance of contract, the transferee after the decree does not acquire an interest in the land. He can lawfully maintain and protect his possession and interest in the property. The rights of the ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....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
...... for any purpose which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh (b) any properly which is in the possession or under the control of the Government under any law for the time being in force.
Explanation: ''Person who is not present in Bangladesh..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....nstitution an order dated 10th June, 1978 of the respondent, Government, of Bangladesh, represented by the Secretary. Ministry of Law and Parliamentary Affairs, removing him from his office under the provision of the President's Order No. 6 of 1972 Bangladesh Law Officers Order, 1972. The simple......on.
5. "Service of the Republic" means any service, post or office, whether in civil or military capacity, in respect of the Government of Bangladesh, and any other service declared by law to be service of the Republic. If the petitioner falls within this definition then he is entitle..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
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