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Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....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. ......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. ...... Hossain & others…………………… opposite parties Judgment January 23, 1980 Result: The rule is discharged. Case Referred to- Mohammad Nural Islam & others Vs. Government of the People Republic of Bangladesh &......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 ......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 ......Respondents Judgment January 15, 1980 Result: The appeal 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 ce......-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)
....larly keeping in view section 34. It is an accepted rule of equitable interpretation that when the language of a statute admits of two constructions, the one which lead to absurdity or obvious injustice, should not be adopted and instead the construction which appears to be most in accord ......t in the company's establishment for 20 years claimed that he, being the General Secretary of the Workers' Union, was involved in trade union activities. His involvement ultimately led, according to him, to victimisation by the company. During the pendency of his case before the Labour......hellip;…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 to- General Manager, Hotel Inter-Continental vs. Chairman, Second Labour Court, Dacca, 28 DLR 1......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)
....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......as authorised "Jo hold" the suit land. The appellate Court interpreted the word "hoia" to mean occupation and keeping possession, of the suit land. The words used in the document, according to the appellate Court, indicate that a lease was granted to the dependant. The uninterrup......ip;…………………………..Respondent Judgment December 11, 1979. Result: All petitions are dismissed Cases Referred to- Abdullah Vs. Ahmed Din, reported in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb A...... 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)
....et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ......that the area for which a Nika Registrar can be appointed by the authorities has been already defined by law namely, the Muslim Marriage and Divorces (Registration) Rules, 1975 and has submitted that according to rule 10 of the said Rules “five to ten Unions'" would be the area for on......ing, his duties as such till 1971 when he was arrested in connection with a case under P.O. No. 8 of 1972. He was, however, acquitted from Registrars for the same area. But these defendants continued to act as Registrars even after he resumed his duties. His contention that after his resumption of d......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)
....26-4-79, copies of which have been placed as Annexures 'F' to the petitions. The said respondent did not show any consideration to the same and then the petitioners had notices for demand for justice served on the respondent No.2 on 21-5-79 through their learned Advocate, copies of the said ......ellip;……..Petitioner Vs. Govt. of Bangladesh……………….. Petitioner Judgment September 10, 1979 Result: The Rules are accordingly disposed of. Case Referred to- General Manager, Southern Railway Vs. Rangachar...... Govt. of Bangladesh……………….. Petitioner Judgment September 10, 1979 Result: The Rules are accordingly disposed of. Case Referred to- General Manager, Southern Railway Vs. Rangachari, AIR 1962 (SC) 36 ; Nagnooor v: State of M......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
....of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
......of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
......LR (AD) (1979) 329.
......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)
.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ......ishes to give on the part of the donor, (b) acceptance of the donee and (c) taking of possession of the subject matter of the gift of the donee either actual or constructively." In our view according to Muslim Law an oral gift is complete as soon as the declaration of gift and the delivery......rred by delivery of title deed. The provision of s.23 of the Non-agricultural Tenancy Act prohibiting transfer of non-agricultural tenancy without a registered document shall not apply to gifts of immovable property by a Muslim. A valid gift of immovable property with buildi......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)
..... Courts of law have in the infinite relations between persons and property found different kinds of rights arising from contract or otherwise and provided remedies as to the nature of the case and justice of the cause. 6. One or two illustrations will clarify the proposition. Mr. Haider has ......ugust 23, 1979. Result: The appeal is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the right. It could not be said that when a transferee is in possession of a property i......1979. Result: The appeal is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the right. It could not be said that when a transferee is in possession of a property in part per...... 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
......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 impugned notice dated 18.4.77 be and is hereby declared to have b...... 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 the meaning of the Presidents Order No. ...... 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
....as served upon him giving him an opportunity to explain his position the impugned order is illegal being violative of Article 135 of the Constitution as well as of the principles of natural justice.
2. The petitioner was first appointed Asst. Attorney General on 3.3.72 and on promotio......of a service of the Republic. It is, therefore, not understood how these conflicting concepts, one of political party-work and the other of Government Service, can be reconciled. Since the petitioner according to his own statement, is free to carry on political activities he stands excluded from the......irs, Law Division)…………………...................Respondent
Judgment
August 2, 1979.
Result:
The rule is discharged
Cases Referred to-
A.I.R. 1973 SC 1135; Weekly Law Reports, October 29, 1971 page 1582; Criminal Revision Case......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
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....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. ......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. ......emaluddln Hossain CJ.- Appellant is one of the defendants and the question in 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 bet......n holding that the order passed earlier on 12.4.78 was open to appeal. Leave was granted to consider the question set out above. 2. After hearing Mr. Rouf, we found that an important question of law of public importance was involved and so we sought the assistance of Mr. M.H. Khondker as Amicus..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....ioner moved this Court and obtained the rule challenging that such a parallel or counter enquiry by a magistrate is not permissible in law as it will cause obstruction to, and Influence the course of justice in his pending case.
3. Mr. Razzaque Rahman, the learned Advocate has appeared in suppo......on Report of the complainant, Keramat Ali for ascertainment of the truth, further mentioning that the F.I.R. named accused persons would also be able to submit their version of the Case. The Chairman accordingly issued the impugned notice, Annexure-F, in' forming among others, this petitioner ab......er
Vs.
Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents
Judgment
July 6, 1979.
Result:
The rule is made absolute.
Cases Referred to-
Patna High Court, 50 Crl Law Journal, (1949) 47427 DIR., 34230 DLR (SC)-228
Lawyers In......his witnesses if he so likes. On receipt of this notice the petitioner moved this Court and obtained the rule challenging that such a parallel or counter enquiry by a magistrate is not permissible in law as it will cause obstruction to, and Influence the course of justice in his pending case.
3..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......oroughly enquired into and the report provided the necessary basis for passing the impugned order. If the fishery was advertised to be leased out for a period of three years and auction was held accordingly, and the successful bidder paid the requisite premium duly and he submitted his duly exe........ (6) Lawyers Involved: Syed Ishtiaq Ahmed, Sr. Advocate, with Mahmudul Islam, Advocate, instructed by Abu Backkar, Advocate, on Record-For the Appellant. Md. Moksudur Rahman, Deputy Atorney General, instructed by S.S. Hoda, Advocate on-Record-For the Respondents 1-6. N. H. Khan......Appellant Vs. Government of Bangladesh & Others………….Respondents Judgment July 6, 1979 Result: The appeal is allowed. Administrative law—Discretionary power— Authority must exercise the power reasonably— Arbitrary e..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
.... also it does not appear what other materials were on record before the Labour Court to arrive at the finding that the petitioner was not a worker. We are, therefore, of the view that for the ends of justice the petitioner should be afforded an opportunity of establishing his case before the Labour ......entitled to adduce evidence if they are so advised. The Labour Court is directed to dispose of the matter within three months of the receipt of this order with notice to the parties. The rule is accordingly made absolute. Since the rule is not opposed, we make no order as to costs. A. T. M......llip;………...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 i......e case. 7. In the result, the impugned order dated 30.10.72 passed by the Labour Court, Khulna in Industrial Relations Ordinance Case No. 22 of 1971 is hereby declared to have been passed without any lawful authority and is of no legal effect. The case is sent back on remand to the Labour Court for ..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC
.... 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 ...... 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 ......No. 916 of 1977. Judgment Rafiqur Rahman J.— This Rule under Article 102 of the Constitution calls in question a Memorandum bearing No. 1286-1/mn/111, dated Dacca, the 5th October, 1977 issued from the Ministry of Home Affairs Immigration Branch 111, Government of the Peopl......Order, 1972. (P. O. 149 of 1972) was passed on 15th December, 1972. Article 2 of this order which is relevant for this purpose reads as: “2. Notwithstanding anything contained in any other law, on the commencement on this order, every person shall be deemed to be a citizen of Bangladesh. ..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
.... technical reason that the revisional application having not arisen out of an original Miscellaneous proceeding the provisions of Order 23 Rule 3 of the Code does not apply, the Court for the ends of justice may record the compromise under section 151 of the Civil Procedure Code, which exists for gr......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ......tioner Vs. Ali Ahmed Sikder & others………… opposite parties Judgment April 5, 1979 Result: The Rule is disposed of. Case Referred to- Md. Saddat All Khan Vs.The Administrator, Corporation of City Lahore, AIR 1949 Lah 186, Ana...... the Courts below allowing pre-emption. This rule was issued for examination of the question whether the addition of parties made in compliance with the Court's order would be subject to the law of limitation. But this question no more requires examination. The parties in the meanwhile have..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....t;. A decision of the Appellate Division in the case reported in 29 DLR 41 is the guiding principle in respect of matters like this and in the absence of any statutory rules the principles of natural justice shall be applicable to an employee of a, statutory corporation in the case of his dismissal,......how-cause notice issued by the Chairman upon the petitioner provisionally holding him guilty on the basis of the report, Annexure 'F', and proposing to remove him from service. The petitioner accordingly showed cause against the proposed action submitting his explanation, Annexure 'G'......ioner Vs. Trading Corporation of Bangladesh…………...Respondent Judgment April 3, 1979. Result: The rule is discharged. Cases Referred to- University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; AIR (SC), 1957, 882; C.A. Nos. ......de its own Service Rules in pursuance of the statute, the P.O. No. 68 of 1972. The position of the petitioner is, however, not that of an employee under a private employer governed under the ordinary law of "Master and Servant". A decision of the Appellate Division in the case reported in ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
.....
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
...... the facts and circumstances of the case we are of opinion that the impugned order directing compulsory retirement of the petitioner is without lawful authority and is of no legal effect. The Rule is accordingly made absolute.
In the facts and circumstances of the case we pass no order as to co......f Defence, Govt. of Bangladesh, Old High Court building, Dacca and 2 others.............Respondents
Judgment
March 28, 1979.
Result:
The Rule is made absolute.
Cases Referred to-
A.T.R. 1969 (SC) 130; AIR 1964 S.C. 364; 30 DLR 144
Lawyers Involved:
Asrarul Hos......ulsory retirement of the petitioner as contained in Annexure "F" dated 11-12-76 and "G" dated 28-12-76 passed by the respondents should not be declared to have been passed without lawful authority and is of no legal effect.
2. The petitioner was appointed as Vice-Principal, ..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....t his case for promotion to a post of Executive Engineer was rejected by the Chairman. Water Development Board (Respondent No.2) on 28.7.76, against which the petitioner served a notice of demand for justice on 17.9.76. Thereafter the petitioner was suddenly served with an order dated 17.2.77 by res...... the efficiency bar on and from 1.1.72 and he shall be entitled to all the consequent pecuniary benefits accruing to him thereby till his compulsory retirement on 1st March, 1977. The respondents are accordingly directed, to pay him all the pecuniary benefits in accordance with the rules with effect......retary, Ministry of Power, Water Resources and Flood Control and another....... Respondents
Judgment
March 21, 1979.
Result:
The rule is made absolute in part.
Cases Referred to-
Shamlal Vs. Uttar Pradesh and another reported in A.I.R. 1954 (SC) 369; Abdul Karim Vs. Pro......re F), have been impugned.
4. The rule is opposed by respondent Nos. 1 and 2 by filing separate affidavits. Their case inter-alia was that the impugned orders have been passed in accordance with law.
We have heard the learned Advocate for the petitioner and the learned Deputy Attorney Gene..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
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