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Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
.... in the court, under section 34 of the Act has to be judicially exercised in due regard to the facts and circumstances of such case. One governing consideration is how best the interests of justice will be promoted in a case without denying either party of its legal right. The question of ......ed 25.7.11 to defendant No.7 and the ultimate consignee in Bangladesh was the plaintiff. The ship was scheduled to reach Chittagong from Bedi Bander within 8/10 days and her estimated time of arrival according to the daily berthing list published by the Chittagong Port Authority, was 16.8.77. The sh....... Vs. Furness, (1895) 2 Queens Bench Division, 539 at 54; Satendra Nath Mitra Vs. Union of India, AIR 1962 Cal. page 177; Novelty Cinema Vs. Ferdous Films PLD 1958 Lahore 20; M/S. Haji Azam Vs. Singleton Binda & Co. Ltd. (1975) 27 DLR page 583. Lawyers Involved: Shahabuddin Ahmed with ......the ship who had already entered appearance was alone competent to prosecute the present application under section 34 of the Arbitration Act. The Captain of the ship is recognized under the law as the agent of the ship owner. I, therefore, find no substance in the objections raised by the ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......the learned District Delegate passed certain orders and by the impugned order he refused to return the petition to the filing Advocate for presenting before the District judge who is the proper court according to law. 2. Mr. Md. Nurul Huq, the learned Advocate appearing in support of the Rule h......ers Vs. Barista Krishna Kundu & others...........................Opposite parties Judgment December 15, 1977. Result: The rule is made absolute. Cases Referred to- Kailash Chandra Vs Nanda Kumar A.I.R. 1944 Calcutta 385. Lawyers Involved: Kailas......istrict Delegate passed certain orders and by the impugned order he refused to return the petition to the filing Advocate for presenting before the District judge who is the proper court according to law. 2. Mr. Md. Nurul Huq, the learned Advocate appearing in support of the Rule has placed the..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ...... order dated 25.2.75 passed by Mr.A.B. Sorkar, Additional Sessions Judge end Ex-officio Special Judge, Faridour in connect ion with Special Case No.4 of 1972. 2. The facts of thecase giving rise to the rule, in brief, are that in the Special Case No.4/72thekernedAdditionalSessionsJudge and Ex-o......72thekernedAdditionalSessionsJudge and Ex-officio Special Judge granted bail to the petitioner No.3 or a bail bond of Rs. 2,000/-supported by two surety bonds one from local surety and another from a lawyer surety each for a sum of Rs. 2000/- each for a sum of Rs. 2,000/-. The allegations against th..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
....t was and when and how it was made by the Police. As he was not given any opportunity to show cause to prove his innocence the impugned order terminating his service violated the principle of natural justice and was liable to be declared to be void.
3. The defendants contested the suit assertin......
3. The defendants contested the suit asserting, inter alia, that the plaintiff was appointed on a temporary basis subject to police verification as to his antecedents and his service was terminated according to the terms of the contract; there was only one police verification and that was against .........................Appellant
Vs.
Govt. of Bangladesh.............................Respondent
Judgment
December 2, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Abdus Sabur Khan Vs. Karachi University and another (1966)) 18 DLR (SC) 422; University of ......ation that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacca Division, Dacca (defendant No. 2) terminating his service was void, invalid, illegal, ultra vires and without lawful authority and of not legal effect and that he was still in service of the Government.
2...
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......levant for our present purpose.
12. Rule 182 is contained in Part XVI of the Rules, which deals with, as the heading of the said Part implies, 'control of enemy firms. An enemy firms means, according to Rule 169 (2), an enemy subject, or a company or firm, of which a member or officer is a......ts
Vs.
The Sub-Divisional Officer, Brahmanbaria and another...............Respondents
Judgment
November 29, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Province of East Pakistan Vs. Syed Hatem Ali and others (1968) 20 DLR (SC) 129; Sufia Khatu......ant and his co-sharers in possession, the absent co-sharer having relinquished his interest in favour of the appellant and other co-sharers, and that the possession of the appellant therein was not unlawful. Respondent No.2, Additional Sub-divisional Officer, Brahmanbaria, rejected the contenti..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ......rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ...... Vs. Wahab Ali and others……………..................Opposite parties Judgment November 25, 1977 Result: The Rule is discharged. Cases Referred to- Md. Meher Ali Mondal Vs.Md. Karam Ali Sarkar, 17 D.L.R. (Dacca) 365; Ram Chandra Lal and ot.......74 the pre-emptors could have on cause of action on 10.3.73 the day they filed this pre-emption application under section 96 of the State Acquisition Act as such the same is not maintainable in law. Mr. Hasib relied on series of decisions of this Court and .also of the Courts abroad, in suppor..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....evisable, but the exercise of the High Court's revisional jurisdiction is called for in the cases where decisions are based on no evidence or inadmissible evidence or are so perverse that grave injustice or hardship would result, therefore, in the present case there has been misconstruction of t...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ......li and others…………….....................Opposite Parties Judgment November 17, 1977. Result: All the rules are made absolute. Cases Referred to- Thakur Prasad Vs. Sk. Fakirullah and another 22 Indian Appeals 44; Jamiyat Ali Vs. Mrs. Che......ion 4 of the Civil Procedure Code does not limit or otherwise affect any special Law. In other words, the provisions of the Code of Civil Procedure which run counter to the special or local law are excluded. This section does not bar the applicability of the Code where special or local law..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......by the letter dated 3rd August, 1975 sought for clarification and respondent No. 2 by a letter dated 8th August, 1973 which was received on 28th August, 1973 informed that re-assessment had been made according to Urban Immovable Property Tax Acts and Rules; and that the tax must be paid by 18th Augu......matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment Ruhul Islam CJ.—This Rule Nisi was issued calling upon the resp......ndent No. 1 Assessing Officer, Narayanganj Range, demanding payment of Taka 80,165/- as Urban Immoveable Property Tax for the years 1957-58 to 1972-73 should not be declared to have been made without lawful authority and of no legal effect. The petitioner instead of filing separate applications impu..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ......the supply of water or electricity, the maintenance of drainage service and the maintenance of any lift, which such landlord is bound to maintain in the premises under the condition of the tenancy or according to local usage. (2) If within thirty days from the date of the service of such notice the ......0 DLR (HCD) (1978) 179. ......e Court to do so afterwards. The claim demanded to be set off must be legally recoverable from the plaintiff. The sum claimed as set-off which is; barred by limitation or barred under some other law cannot be deemed- to be legally recoverable. The payment of taxes and other dues to the loc..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
.... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ......in: 30 DLR (HCD) (1978) 244. ......ction for any infringement to its right. Again, the Corporation having been brought on record as defendant No. 2. the competency of the plaintiff to sue through its manager could not be questioned in law. 6. Mr. Khandkar Mahbubuddin Ahmed, the learned Advocate appearing for defendant No.1, has ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
.... any provision as to service of notice upon the opposite party against whom the order is sought to be made but it is incumbent upon the High Court to act judicially and to observe the rule of natural justice and that any order made without giving the affected person an opportunity of being hear......ohibition. In that view of the matter, the time which was fixed by the final order in the appeal haying expired the consequence as directed in the order toot effect and the appeal stood dismissed and according to the well-settled principle as to the exercise of inherent power, as has been noticed ab.....................Appellant Vs. Abu Zafar..........................................Respondent Judgment August 23, 1977. Result: The appeal is allowed. Cases Referred to- Manindra Chandra Dey and others Vs. Govinda Prasad (1951) 3 DLR 313; Sheikh Ayezuddin Vs. P......already a minor. But the question is whether the order of the High Court Division made on the basis of such a defective application may be held to be without jurisdiction or can be held to be without lawful authority if the order was otherwise unexceptionable. It may be noticed that the pr..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ......ed. 6. Mr. Sultan Ahmed, the learned Deputy Advocate General appearing on behalf of the Government has challenged the basis of awarding compensation at the rate of Tk. 80,000/- per acre, because according to him reliance on the earlier-decision of Arbitration Case No. 1836 of 1972 for determini.......Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18, 1977. Result: The appeal is dismissed Cases Referred to- Labhu Ram Vs. Ram Protap, AIR 1944 Lah. 76; S M. Nripjit Ram Vs. Sardar Satinder Singh, AIR......in question being presented on 9-3-77, even before the admission of the appeal and service of the notice upon the respondent, the cross-objection (filed on 9-3-77) is no cross-objection in the eye of law as contemplated under Order 41 Rule 22 of the Code of Civil procedure. The relevant po..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ......elled his nomination they did not recognise the plaintiff as their lessee and directed defendant No.1 to pay rent for the lease. They took the stand that until the plaintiff got his title established according to law the defendant No.1 would continue to be recognized as their lessee. Allegation of t...... Appeal from original decree Nos. 16 and 17 of 1977, with Civil Rules 1039(f) and 1040(f)of 1976. Judgment Shahabuddin Ahmed J.— These two appeals and these two rules have been heard together as they arise from the same judgment and decree being judgment and decree dated 12.6.76 of ......tatement denying practically all the material allegations made in the plaint. He also challenged the suit on the ground of maintainability. He contended that the plain- tiff was engaged by him as his lawyer in connection with some suits and entrusted him with all his papers and documents including h..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
.... other dues payable by M/s. Khan and brothers in this regard under proper section of law. Thereafter the petitioner was released. According to his instructions his lawyers issued notice of demand for justice on the respondents, Chairman, Chittagong Pourashava questioning the authority as to under wh......osited which was fixed in the basis of a previous year's income. The petitioner was interested in group K, Kalirhat Pahartali octroi post. Its previous annual income was shown as Tk. 9,31,467,50; accordingly the earnest money was fixed at Tk. 9,135,00 The petitioner further deposited Taka 305.00......que—For Respondent No. 2 and 3. Kamahiddin Ahmed—For Respondent 1. Writ Petition No. 551 of 1976. Judgment Badrul Haider Chowdhury J. — This rule is directed as to show cause why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be ...... Badrul Haider Chowdhury J. — This rule is directed as to show cause why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceedings are follows..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
.... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193 ...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193 ......ellip;………………………Opposite Party Judgment August 15, 1977. Result: The two Rules are made absolute. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others 27 OLR 61 (Appellate Division) is evidentl......ict Judge acted illegally and with material irregularity in the exercise of jurisdiction in holding that the appeals are barred by limitation without applying mind to the necessary facts and relevant law. According to the learned Advocate, the two appeals were not barred by limitation inasmuch as th..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
....opinion that it should be brought before the Court on affidavit, Although we noticed a practice of bringing of the file before the Court at the time of hearing which is commendable no doubt but since justice is to be done, it is better that the respondents in future will mention the materials in the......bove the act of smuggling too assumes ominous significance for it clearly indicates that the detenu had kept a line of indication open for his activities across the border of Pakistan.”
We accordingly find ample justification for the impugned order of detention."
15. The next ca......use the detenu has been mentioned as a veteran smuggler and his name is mentioned in the list of smugglers which was prepared by the Anti-Smuggling Committee of the Government of Bangladesh. In order to prevent him prejudicing the maintenance of supply and services essential to the life of the commu......os. 267/77, 352/77 and 213 of 1977.
Judgment
Badrul Haider Chowdhury J.— These three rules challenging the detention of the detenus have been heard analogously as a common question of law is involved and these three writ petitions are disposed by this judgment.
2. In Writ Petiti..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)
....nd in the letter of reference, the reference is accepted. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4. ......nd in the letter of reference, the reference is accepted. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4. ......ner Vs. Md. Chand Mia....................................................Opposite party Judgment August 10, 1977. Result: The reference is accepted. Cases Referred to- Shahzada Daljit Singh vs. Mian Taj Singh A.I.R. 1939, Cud, 284; Netesa Naicken Vs. Raghavac......nafter referred to as the Code) made by Mr. Md. Ibrahim, Addl. Sessions Judge, Dacca, recommending for setting aside the order dated 27.10.70 passed by Mr. M.A. Hye, S.D.O. (North) Dacca, in Case No. law of 1966. 2. It appears from the record that a proceeding under section 145 of the..Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....inite rules of substantive law by which questions of this nature, relating to the right of pre-emption claimed under the terms of the Wajib-ul-arz, are governed. It is only on the broad principles of justice, equity and good conscience' that such question can be dealt with by the Courts. The rig......n the case holding but a stranger to the case holding. The learned Munsif held that the application was not barred by limitation and defect of parties. Since the pre-emptor No. 1 was not a co-sharer, according to the learned Munsif, pre-emptor No. 2 by associating with himself a stranger to the case.........Opposite Parties Judgment August 9, 1977. Result: The Rule is discharged. Right of preemption under section 96 of the State Acquisition and Tenancy Act is a statutory right and is to be exercised within the scope of the statute itself. There is no embargo in the......o the learned Munsif, pre-emptor No. 2 by associating with himself a stranger to the case holding has forfeited his right of preemption. So, I find and hold that the Misc. case is not maintainable in law. 5. On appeal the learned District Judge reversed the decision of the trial court holding t..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......nts contending, inter alia, that Faizuddin Haji purchased the disputed land from Aftabuddin Sarkar for a sum of Rs. 50/- and got delivery of possession of the said land before C.S. operation and accordingly the name of Faizuddin Haji was recorded in the C.S. Khatian, that the story of usufructu......lip;…Appellants Vs. Zahiruddin Kari and others..........................Respondents Judgment August 3, 1977. Result: This appeal is allowed. Cases Referred to- Dakas Khan Vs. Ghulam Khan Qasim I.L.R. 45 Cal 793 28 C L.J. 441 Lawyers Involved: ......the land from Aftabuddin Sarkar, the original owner of the disputed land, for a valuable consideration stood unrebutted, the learned Judges of the High Court Division committed a substantial error of law in shifting the onus of proof on the contesting defendants on a mistaken view that the said defe..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ......d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ...... Chandra Guha…………………….Principal-Opposite-party Judgment July 29, 1977. Result: The appeal is dismissed. Cases Referred to- Sarala Sundari Vs. Dina Bandho Roy, AIR 1944 (PC) 11. Md. Abdul Jalil Vs. Surendra Nath in ......hich respondent No.1 obtained the probate. It was alleged that the learned District Delegate acted illegally in granting the probate though the will in question was not proved and the requirements of law in this regard were not complied with. 3. Respondent No. 1 filed a written objection statin..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
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