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Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ..........Petitioner Vs. Nurul Islam & others ..............................Opposite Parties Judgment July 18, 1978. Result: The Rule is made absolute. Cases Referred to- Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231; Malik Manjur Elahi Vs. Lala Bishambar D......nuddin Talukdar and others (1965) 17 DLR 705. In that case the learned Magistrate dropped the proceeding on the ground that the 1st party was absent and no step was taken by them and also because the lawyer of the 1st party did not take any step. In that case, the learned Magistrate also observed th..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)
....is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......dgment July 18, 1978. Result: The Rule is made absolute. Tahsilder of Vested and Non resident Property Cell is not a public servant holding whole-time office of profit so as to come within the mischief of Article 9 (2)(e) of the Local Government Ordinance and thereby ......d to, or entrusted by the Government with, the control or management of a municipal or local fund, or any corporation or other body or authority constituted or established by the Government under any law.” 7. Mr. Shamsul Hoque Chowdhury contends that the Vested and Non-Resident Property C..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ......ult: The appeal is dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract t......s extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent for which the land was sold out in the execution of a rent..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
.... being heard. The language of Article 7 clearly contemplates giving the delinquent officer all chances to defend himself and ensure fair trial and it is in compliance with the principles of natural justice. 9. While it is open to a domestic Tribunal enquiring into the conduct of an officer......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......SC) 375 (377); Board of Education Vs. Rice, 1911 AD 179 (182); Government Board Vs. Arlidge 1915 AC 120; Abdul Kashem Vs. Bangladesh, (C A. No. 138 of 1977). Lawyers Involved: K.A. Bakr, Attorney-General with B.B. Roy Chowdhury, instructed by D. Hossain, Advocate-on-Record - For the Appel......and the rules by the Screening Board. The Division Bench of the High Court on consideration of the materials on record made the rule absolute and declared that the impugned order was made without any lawful authority and of no legal effect. 6. Leave was granted by this Court to consider the fo..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ...... 9. In the result, both the rules are made absolute; the impugned orders of the Labor Court dated 10-4-76 and 11-2-76 are set aside and the I.D. Cases are sent back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Repo...... Vs. Din Mohammad & others.....................Respondents Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Petitioner. Zamiruddin Sarker and Mozammel Hoque—For th......an, Labor Court, Chittagong in Industrial Dispute Cases Nos.68 and 69 of 1975 under section 34 of the Industrial Relations Ordinance, 1969 (briefly the Ordinance). Since common questions of law and facts are involved therein these rules have been heard together and are going to be disposed..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ......pect of his contention. For the reasons stated above, the Rule succeeds and is made absolute without any order as to costs. The learned Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported.........................Petitioner Vs. Fatema Bibi and others....................Opposite parties Order June 20, 1978. Result: The Rule is made absolute. Cases Referred to- Lachmi Narayan, 29 C.W.N. 391 (P.C.); Kambala Sandararojamma, AIR 1932 Mad. 519; Lichmi Nar...... do not appear to stand on sound footing. Evidently the order dated 16.4.31 was without jurisdiction. The lapse of 43 years is of no consequence in a suit for partition where a preliminary decree was lawfully granted by a Court. 4. Mr. M.A. Sattar, the learned Advocate appearing for the opposit..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
....e requirement of presence of community of interest amongst the parties to a suit for partition a stranger could not be impleaded even when his presence was found necessary for doing full and complete justice to the parties in one action. Widely, prevalent practice of henami transaction in our countr......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......eirs, Azaharuddin Ahmed and others………………Plaintiff-Respondents
Judgment
June 14, 1978.
Result:
The appeal is dismissed
Cases Referred to-
Annapurna DebyaVs. Golapmanl Debya and others 25 CLJ. 530; Gagan Chandra Hazra and another ......ined different causes of action and, the plaintiff sought, in the guise of a partition suit, a declaration of title and confirmation of possession against defendant No. 1 which he was not entitled in law to do so, and that the court had no jurisdiction to make any finding adverse to the title or pos..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....r arsenic no other poison was detected. He must also state the grounds on which he arrives at that opinion. A perfunctory report as we had noticed in the instant case, may well lead to miscarriage of justice, more so when such opinion is held to be conclusive evidence on the point of guilt or innoce......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ...... Judgment Abdur Rahman Chowdhury. - This appeal arises out of an order of conviction under Section 302 read with Section 34 of the Penal Code sentencing both the appellants to transportation for life. While concurring with the main judgment just delivered by my learne......iner as also his report Ext. 3 that the viscera contained aconite (poison) on various grounds and submitted that they are not worthy of belief and if that be so, the conviction cannot be sustained in law, the oral evidence notwithstanding. The learned Advocate has laid great emphasis on this part of..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ......o. 6 from seeking election. This amendment, it is alleged, is mala fide and ultra vires of the Constitution of Bangladesh. The petitioner felt aggrieved by this action of the Returning Officer which, according to him, is illegal and without Jurisdiction. 3. Mr. K S. Nabi, the learned Advocate h............................Respondent Judgment June 2, 1978. Result: The application is rejected. Lawyers Involved: K S. Nabi, A. Hasib-For the Petitioner. K. A. Bakr, Attorney-General, Anwarul Huque Chowdhury, Abdul Wadud Bhuiya—For the Respondents. Wilt Pet......at when the nomination papers were submitted on behalf of respondent No. 6. The petitioner took an objection before the Returning Officer stating that respondent No. 6, being subject to military law, is debarred from seeking any election but his objection was overruled on the strength of an ame..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......sions of the Constitution regarding President's office and his election have remained suspended. Again, the President Khondker Mostaque Ahmed did not enter upon the office of President on 15.8.75 according to the provisions of the Constitution in the wake of an abrupt change of government J he t......dur Rouf—For the Petitioner (In Writ Petition No. 444/78.) Fakir Shahabuddin Ahmed, Shah Abu Nayim Mominur Rahman—For the Petitioner (In Writ Petition No. 447/78.) K. A. Bakr, Attorney-General, Anwarul Hoque Chowdhury, Deputy Attorney-General, Abdul Wadud Bhuiya, A.A.G.&m......ving their names registered as "electors" in the electoral Roll for the President's Election, and their prayer is that the said Notification should be declared to have been made without lawful authority and of no legal effect. 2. In one of these petitions, namely Writ Petition No...Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
.... “The preponderant view appears to be that law is not the will of a sovereign. Law is a body of principles-called rules or norms-recognized and applied by the State in the administration of justice. It must have the contents and form of laws.” His Lordship considered Article&nbs......ourt. The case under section 302/201 is triable exclusively by Sessions Court under the normal law. But since fire arms were used the case was before the Special Tribunal and cognizance was accordingly taken. 43. Subsequently Martial Law was promulgated in 1975. Proclamation of Martia......tioner Vs. State, People's Republic, Bangladesh others……..Respondents Judgment May 4, 1978. Result: The Rule is made absolute. Cases Referred to- Ayub Khuro PLD I960 (SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 44......ainst an order of conviction passed in Martial Law Case No. 6 of 1977 by Special Martial Law Court No. II, Dacca sentencing the accused to death for declaring the same to have been passed without any lawful authority and is of no legal effect and for directing the respondents not to execute the sent..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ...... a civil proceeding and as such section 141 of the Cede of Civil Procedure applies. Since no provision has been specifically made in section 143A for addition of opposite parties, according to Mr. Shahid, Order 1 rule 10 of the Code of Civil Procedure is the appropriate......e Rahul Amin Sardar filed an application under section 143A of the State Acquisition and Tenancy Act for correction of record of right in respect of the properties mentioned in the schedule to the application. It is khatian No. 2184 Plot No, 2594 measuring 11.97 acres. This land has been r......ent and purpose should not be overlooked. It is not necessary for me to express my views on the applications under section 143A, since they have to be disposed of by the trial Court according to law. The observation made by me are meant for guidance of the learned Munsif who is however free to ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......1978. Result: The appeal is allowed. Cases Referred To- Sm. Jobeda Khatun and another Vs. Hazi Mohammad Ibrahim and other, AIR 1957 Cal. 360; Probodh Chandra Barman, Managing Director, Tripura Modern Bank, Chittagong Vs. Messrs Abdul Rahman, Abdul Gani and others (1960) 12 DLR 45......dur Rashid, the learned Advocate for the appellants, has submitted that having regard to the provision of Order 41, rule 22 of the Code of Civil Procedure the Court of Appeal below erred in law in not allowing the plaintiffs to show that the finding of the trial Court on the question of ti..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ...... two sections 6(2) and 8B(3) Court Fees Act and as such dismissal of a suit for nonpayment of Court fees cannot be equated with the rejection of the plaint and one cannot be, read to be the same as the other. An order passed under section 8B of the Court fees Act c......ed Ali appeared for the respondents. Mr. Latifur Rahman, the learned Advocate for the appellant urged that the orders of dismissal passed by the Courts below were illegal and the trial Court erred in law in rating the valuation of the suit. 4. Mr. Syed Mohammad Ali, the learned Advocate for the..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
....made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
......e entitled to holdover after expiry of the lease and the lessee shall be liable to be evicted without notice from such property after expiry of the lease. The lease granted to the opposite parties is accordingly liable to be renewed or terminated at the end of every year at the option of the lessor,......preme Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Abdur Rahman Chowdhury J
Saifuddin Ahmed Siddiqui..............Petitioner
Vs.
The Deputy Custodian, Enemy Property Management Board……....Opposite Parties
Judgment
......ndants in the suit are not necessary or proper parties for the purpose of effective and complete adjudication of the issues involved in the suit and as such, the impugned order cannot be sustained in law In the result, the impugned order dated 1-1 -75 is set aside and the ad interim order passed by ..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......ncome Tax Act before the Tribunal for referring all these cases to us. The Tribunal however did not make any reference. In the meantime section 66 of the Income Tax Act has been amended and according to this amendment an assessed or the department has got right to come straight before the ......pril 14, 1978. Result: The rules are made absolute by allowing applications. Inter-connection and inter-dependence of the two firms- The incomes of the two firms should be tagged together for the purpose of assessment. While two firms are closely interlinked in that the cap...... and No. 29 of 1976 under section 66(1) of the said Income Tax Act as it stood amended, have been heard together and will be disposed of by this judgment since these is a common question of law in all of them. The question is whether the incomes of two different firms can be tagged togethe..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......m, Advocates—For the Respondents. Writ Petition No. 279 of 1977. Judgment A.T.M. Afzal J.—This Rule, at the instance of the petitioner, is directed against the respondents to show cause as to why the publication of the result of the examination of Master's Degree in L......the result of the examination of Master's Degree in Library Science for the year 1974 without providing in-service training for Part I of Paper 8, should not be declared to have been made without lawful authority and is of no legal effect. The petitioner was a regular student for Master'..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....tiff opposite parties that amendment could be allowed at any stage. It is true that amendment can be allowed at any stage but the Court must also consider that the proposed amendment does not cause injustice to the other side or that it is necessary for the purpose of determining the real question i......n unnecessary harassment and expenses to the defendants. In such view of the matter and the admission by the plaintiffs, I am satisfied that the plaint does not disclose any cause of action and it is accordingly liable to be rejected. 7. In view of my findings above, the application by Mariam K......aint, impleading plaintiff No. 3 as co-plaintiff in the suit and rejecting the application under Order 7 rule 11 of the Code of Civil Procedure filed by the defendant. 2. Facts leading to this Rule, in brief, are that the plaintiff opposite parties instituted a suit for permanent inju......iffs in applying for amendment of the pleadings after four years of the institution of the suit. In such view of the matter, the impugned order allowing amendment of the plaint cannot be sustained in law. 5. With regard to the defendant's application under Order 7 rule 11 of the C..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......o take appropriate preventive measures relating to the same.” 12. With greatest respect it seems that the burden of the decision in 26 D. L.R. 291 is on principles of natural Justice which according to the learned Judges would be violated if any order of attachment is passed immediately a......ip;………………......(1st party) Oppoposite Parties Judgment March 29, 1978 Result: The reference is in the negative. Cases Referred to- Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291; Mr. Ishaque Chowdhury Vs. Noor Mohal Begu......f art. It is a known conception which has been laid down by Juristic interpretation. In the case of Moududl reported in 17 D.L.R. (SC), 290-PLD 1964 (SC), 673 Hamoodur Rahman, J. after discussing the law on she subject observed. “It is not difficult to conceive of cases wherefrom the very..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......o take appropriate preventive measures relating to the same.” 12. With greatest respect it seems that the burden of the decision in 26 D. L.R. 291 is on principles of natural Justice which according to the learned Judges would be violated if any order of attachment is passed immediately a......;Petitioner Vs. Amir Hamja & 6 others……………………..(1st party) Opposite Parties Judgment March 29, 1978 Cases Referred to- Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291; Mr. Ishaque Chowdhury Vs. Noor Mohal Begu......f art. It is a known conception which has been laid down by Juristic interpretation. In the case of Moududl reported in 17 D.L.R. (SC), 290-PLD 1964 (SC), 673 Hamoodur Rahman, J. after discussing the law on the subject observed. “It is not difficult to conceive of cases wherefrom the very..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
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