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....de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......e People's Republic of Bangladesh and others........................................Respondents
Judgment
July 27, 1977.
Result:
The Rule is made absolute.
Cases Referred to-
Quazl Md. Mahbubur Rahaman Vs. Government of Bangladesh represented by the Secretary Establ......rvice of the petitioner and the forfeiture of the house at 126, Gulshan Avenue, Dacca, under Article 6 of P.O. 67 of 1972 and the order is challenged on the ground that the same has been made without lawful authority and of no legal effect.
2. The facts in brief are as follows:
The petitio..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
.... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ...... Land Acquisition Act, 1974 for determination of a reasonable compensation as no tribunal was at that time constituted under the T.I. Act for this purpose, This Court, ordinarily known as L.A. Court, accordingly determined the compensation at Tk. 32,076.00 which includes an amount of Tk. 4,765.00 as......l from Original Decree No. 262 of 1969. Judgment Shahabuddin Ahmed J.—This appeal is directed against an award dated 30. 11. 68 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Improvement Ac...... that there could be no capitalization of the profits from these trees for 20 years. In the instant case also the market value of the trees has been capitalized for 20 years. This is not permitted by law. The L. A. Court, however, did not specifically state the market value of the trees and the plan..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ......tor Abdul Hamid filed a petition on 3-4-1973 in the Court of the Sub-Divisional Magistrate stating that the case had been reopened for investigation under order of the Superintendent of Police and accordingly he prayed for an order of the Magistrate for re-investigation of the case. The Sub-Di......hman…………............Appellant Vs. The State................... Respondent Judgment July 13, 1977. Result: The appeal is dismissed. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala, 14 DLR (S.C.) 96; PLD 1962 (S.C.) 242; Ahwad Hossa......er of revival of the case before the Sessions Judge who, however, refused to interfere. Then Abul Hossain Sana Moved the High Court which held the order of revival of the case to be justified in law. Against the order of the High Court, Abul Hossain Sana filed an appeal to the Supreme Court of..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
.... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ......dia in 1358 B. S. and has been residing there as an Indian National. The plaintiff was born and brought up in the disputed premises about 35 years ago. The plaintiff's father gave her in marriage according to the rites prescribed by the Dayabhaga School of Hindu law with proforma Defdt Khitish C......ppellant Vs. Govt. of the People's Republic of Bangladesh & others...........Respondents Judgment July 8, 1977. Result: The appealis allowed. Cases Referred to- Govind Rani Dasi Vs. Radha Ballabh Das, 15 C.W.N. 205; Ananda Mohan Kunda and others Vs. Pr......ra Kar, a pleader of Maulvibazar, who used to reside in the same with his family till death. After his death the residential house devolved upon his only son and heir Nikhil Chandra Kar, a practicing lawyer of Maulvibazar, who migrated to India in 1358 B. S. and has been residing there as an Indian ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....a) of the President's Order No. 67 of 1972. Against the aforesaid order of removal the petitioner made a representation before the President of the People's Republic of Bangladesh praying for justice but no reply was given to him. 3. On these facts the petitioner submitted that he havin......he petitioner submitted reply to the charges framed against him and communicated under Memo. No. 2253-Ell dated 14-9-73. Charges were framed against the petitioner on the allegations, inter alia that according to the specification in the contract the contractors were required to use department's......a, that the petitioner Mr., A. Khalilullah, formerly Sub-Overseer cum-Sectional Officer, Jhenidah Building Sub-Division, under Building Division, Jessore (1), while in service under the Building Directorate of the Government of Bangladesh, was given the charge of supervising the work of construction......dash;For the Respondent No.1& 2. Writ Petition Nos. 351 & 359 of 1976. Judgment Ruhul Islam J.–These two applications were heard analogously as same questions of fact and law are involved, and the same are being disposed of by this judgment. 2. In Writ Petition No. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ...... contending inter alia, that the Election Tribunal is not competent to grant injunction as per decisions of the High Court. Election Tribunal, however, found it a fit case for granting injunction and accordingly made the order of ad-interim injunction absolute by his order dated 17th March, 1977. Th......on Tribunal Munsif Court Rajshahi and another……………..Respondents Judgment June 28, 1977. Result: The Rules are made absolute. Cases Referred to- Shamsul Huq Sikder Vs. Election Tribunal and others, 27 DLR 388; Masahiduddin Ahmed Vs......ani—For Respondent No. 2 (In 201, 209). Writ Petition Nos. 201, 209 and 211 of 1977. Judgment Rnhul Islam J.-These three applications were heard analogously as common question of law is involved therein. In Writ Petition No. 201 of 1977 the petitioner was declared elected as Cha..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
.... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ......nd it was so recorded in C.S. khatian and was meant for public Use. In course of time the khal silted up and since then the local people have been using the same as path from time immemorial and have accordingly acquired the right of easement over the suit land. The defendants after creating some do......nent injunction. The plaintiffs, 17 in number filed a suit for permanent injunction restraining the defendant from interfering with the plaintiff's use in the suit land as the path was. According to the plaintiffs the disputed land appertaining to C.S. plot No. 640 of khatian No.22 and plot 1084......of the trial Court and dismissed the suit holding inter alia that the plaintiffs have "no easement right over the suit land and as such their claim for permanent injunction is not sustainable in law. The learned Subordinate Judge appears to have directed his attention to the oral evidence adduc..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....edure, 1908 (Act No. V of 1908), section 151; Order 9, rule 4 A client shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8) Cases Referred to- The Sind Tanneries Ltd. Vs. Hajee M......ce and enigmatic conduct of its agent, for the ends of justice, we do not like to interfere in this case, in the exercise of our revision jurisdiction under section 115 of the Code. The Rule is, accordingly, discharged, but without any order as to costs. Let a copy of this order be sent to...... 9, rule 4 A client shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8) Cases Referred to- The Sind Tanneries Ltd. Vs. Hajee Mohammedin & Co., 8 DLR 719; Azizur Rahman Vs. Janata...... The Code of Civil Procedure, 1908 (Act No. V of 1908), section 151; Order 9, rule 4 A client shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8) Cases Referred to- The Sind Tan..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
......nbsp;1 C.P.C. may not be granted. The learned Labor Court found that there was substance in the contention but concluded that section 151 C.P.C. could be invoked to give the relief and accordingly issued the injunction restraining the 2nd partly from stopping the benefit granted to th......ury J.—This rule is directed against an order dated 16-8-73 passed by the Chairman of the Labor Court at Khulna, in IRO Case No.395 issuing temporary injunction restraining the petitioner from stopping payment of the bona fide granted to the workers on the basis of agreement dated 25-7-77 and ......ing the production of documents and material objects; and
(c) issuing commissions for the examination of witnesses or documents.
4. Mr. Asrarul Hossain contended that by adding a fiction of law by the expression "deemed" the Labor Court has been given of necessity the powers of e..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
....not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ......not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ......No.76 of 1974. The respondent having been injured, filed a miscellaneous case under Workmen's Compensation Act for compensation and the Commissioner passed an award of compensation amounting to Tk. 8,400/- declaring that the employee was permanently disabled on 14-11-74. Out of the said amo...... its orders can not be deemed to be decrees of a Civil Court amenable to challenge under the Code of Civil Procedure. Mr. M. Behtar Ali, the learned Advocate failed to point out any provision of law which shows that the ex parte orders of the Commissioner for Workmen's Compensation can he c..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......77. Result: The Rule is discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Express Newspaper Ltd., 1919 Appeal Cases 3...... the goods, and in addition shall also be liable if The Magistrate in his discretion so orders, to the punishment of whipping.” Item 81 reads as follows: “If any person, without lawful excuse, the proof of which shall be on such person, acquires possession of or is in any way c..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......asonable grounds is essential and mere declaration of satisfaction is not sufficient. It was further held that rule 32 of the Defense of Pakistan Rules owes its vires to section 3(2) 00 and accordingly it was held that by using expression "reasonable grounds" in clause (x) the la...... Karim,(1967)19 DLR (SC) 403; Liversidge Vs. Anderson; Government of West Pakistan Vs. Begum A. Karim, (1969) 21 D.L.R. (S.C.) page 1; Vimblabai Desphande (A.I.R. 1946 P. C. 123);Nakhuda Ali Vs. Jayanton (1951 A.C. 66);Overseas of Poor Vs. London Northwestern Railway; Saleha Begum Vs. Government of ...... Powers Rules in justification of passing of the order of detention which, however, does not confer any such power on such authority. It is stated further that the detention is not in accordance with law and therefore, he is being detained illegally and improperly.
3. The Additional Deputy Comm..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......Counsel that under the provisions of the Rent Control Ordinance the petitioner could hot be adjusted a defaulter and the agreement of the tenancy being inadmissible in evidence and also null and void according to law, the Courts below were wrong in relying upon the previsions of the said deed of agr...... Mohd. Hassan and others…………………….Respondent Judgment June 21, 1977. Result: The appeal is allowed. Cases Referred to- Jaffar Meher Ali Vs. Budge Jute Mills Co., ILR 33 Calcutta 702; ILR 34 Cal. 289; Chandra Sr......under the provisions of the Rent Control Ordinance the petitioner could hot be adjusted a defaulter and the agreement of the tenancy being inadmissible in evidence and also null and void according to law, the Courts below were wrong in relying upon the previsions of the said deed of agreement for th..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
......dated 27. 7 74 fixing in detail the rates of wages, medical allowances, house rent allowances, leave etc. of the workers of this industry. The workers of this unit felt aggrieved by this order, since according to their interpretation, certain allowances, such as house rent allowance, conveyance allo......ursuance of the Government Notification No. NID 37/73/958 dated 19-12-73 fixing wages and fringe benefits of workers of the said Shipyard which is a state owned manufacturing industry managed by a Sector Corporation established under the P.O. 27/72. The rule has been issued on an application filed b......tive bargaining agent of the affected workers, filed the petition under Article 102 of the Constitution for a declaration that the impugned order of the General Manager was made without any lawful authority
3. The petition has been resisted by the respondents on a preliminary ground t..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
....ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......he People's Republic of Bangladesh.
Judgment
Shahabuddin J.— This rule under Article 102 of the Constitution calls in question an order dated 7.5.73 of the Additional Custodian of Enemy Properly (L & B), Dacca, confirming in appeal an order dated 13.9.72 of the Sub-......s that the period of lease of an enemy property shall not be more than a year at a time. The Sub-Divisional Officer of course did not specify the period of lease but in view of specific provisions of law it cannot exceed one year at a time. This order therefore is modified to the extent that the lea..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ......Anwarul Hague Chowdhury, Deputy Advocate-General—For Respondents No.2. Writ petition No. 248 of 1977. Judgment Ruhul Islam CJ.— This rule Nisi was issued with a view to examine the legality of the impugned order dated the 5th January, 1977 passed by the Additional S......bmitted final report in respect of the petitioner and there being neither any police report nor any incriminating material implicating the petitioner, the Special Tribunal acted illegally and without lawful authority in passing the impugned order. 5. Mr. Mujibar Rahman, the learned Advocate app..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......k for all purposes and in every respect of shippers and consignee" dismissed the suit. 6. It was observed by the High Court that "so far as the responsibility of the ship is concerned, according to the clause already quoted, it would appear to us to have ceased at the time that the ge......ellip;.Appellant Vs. M/s. East and West Steamship Co. and another…......Respondents Judgment June 9, 1977. Result: The appeal is allowed. Cases Referred to- Adam Limited Vs. East West Steamship Company, PLD 1962 Karachi 715; East and West Steamship......nor defendants No.3 and 4 challenged the survey reports in the written statement, though in the plaint every important particular thereof was mentioned. But at the time of trial the learned lawyer for defendants No.1 and 2 halfheartedly put some questions to the witnesses of these rep..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ......s below is set aside with regard to the shares of the contesting defendant Nos. 1 and 6 in the suit land and the plaintiffs suit as against the said defendants No 1 and 6 is dismissed. This appeal is accordingly allowed. But in the facts of this case there will be no order as to costs. The connected............Defendant-Appellants Vs. Md. Abu Hossain Sarkar and others ........Plaintiffs-Respondents Judgment June 7, 1977. Result: The appeal is allowed. Cases Referred to- 26 CWN 65; AIR. 1940 (Cal) 589; AIR 1941 (Sind) 5; 3 DLR 305; 5 DLR 38 , 7 DLR 94; 21 DLR (......inding with regard to the plaintiffs, title in the suit land by dint of the patta executed in favor of the plaintiffs predecessor by the mother and aunt of contesting defendants. The only question of law raised in this case is as to whether the plaintiffs had acquired any right, title and interest i..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ......hat alleged notice in Misc. Case No. 4 of 1969 was served on Abdul Hashim under Order 5, rule 17 C.P.C. and the serving officer was not examined on oath under Order 5, rule 19 and accordingly there was no proper service on Abdul Hashim. 8. Mr. Rafiqul Islam, the learned Advo....... 262-263 of 1974. Judgment Ranadhir Sen J.- These two Rules are directed against an analogous judgment of reversal arising out of two separate proceedings initiated by two different pre-emptors under section 96(1) of the State Acquisition and Tenancy Act hereinafter referred to ...... the same judgment. The learned Subordinate Judge reversed the decision of the trial court being of the view that Abdul Hashim has a preferential right being a co-sharer and that he was authorized in law to make an independent application under section 96(1) of the Act and that the said ap..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
....bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
......f War Risks Insurance this rate of 20% should have been accepted. We think that since there was no prescribed rate for depreciation, the whole matter was at the discretion of the authorities and according to their discretion, they allowed 10 %depreciation. We do not think that any irregularity ......s
Judgment
May 5, 1977.
Result:
The rule is made absolute in part.
Lawyers Involved:
M. Hafizullahfor H.K. Chowdhuary—For the petitioner.
M. M. Huq, Asstt. Attorney-General—For the Respondents.
Writ Petition No. 149 of 1971.
Judgment
Sha......t and the connected Demand Notices on the ground that certain deduction to which he was legally entitled were not nude by the respondents and that there was of contravention of any provisions of law such as section 12 of the Ordinance but it was mere omission under bona fide belief that the all..
Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
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