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Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....ny occasions with a prayer for reconveyance of the suit land at agreed upon but was refused. Lastly in the month of Agrahayan 1374 B.S. the plaintiff served a notice, by a registered post through his lawyer, upon the defendants demanding the reconveyance on payment of the consideration money but als...... Vs. Kudrat Ali Miah & ors.........................Death-Respondents Judgment December 7, 1981. Result: The appeal is allowed. Cases Referred To- Tazal Hoque and others Vs. Affan and others, 17 D.L.R. Dacca at page 613; Jalil Ahmed Vs. Raish Mia, 20 D.......ecree of the court of appeal below are set aside and those of the trial court restored. The plaintiff's suit is decreed on contest but in the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
....was violative of the fundamental rights guaranteed by Articles 27 and 29 as also 135 of the Constitution and as such should be declared as illegal and passed without any lawful authority. The petitioner further stated that after he received the notice in June 1980 he ma......ltan Hossain Khan J
Dr. Abu Ahmed Chowdhury…………………Petitioner
Vs.
Bangladesh represented by the Secretary of the Ministry of Health and Population Control and others......................................Respondents
Judgment
......not apply its mind as to why amongst 34 doctors who completed 25 years of service the petitioner should be singled out for compulsory retirement--Such retirement must be held to be discriminatory and ordered with ulterior motive…….(4 & 5)
Cases Referred To-
Dr. Nurul Isla..
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
....The petitioner also in the said letter was asked to submit his explanation if it is so desired. The petitioner again submitted his explanation stating that the enquiry was not held in accordance with law. Thereafter the Chief Engineer, respondent, No.2 by his letter dated 22-9-79 dismissed the petit......ud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judgment November 18, 1981. Result: ......artiality or bias against the Enquiry Officer….(5 & 6) Premature application for appeal can not be maintainable There is an appeal pending before the authorities against the order of dismissal & since an appeal is pending being a remedy available under statutory rules t..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....period of two years before he is eligible to practice before the High Court Division. From our experience both at the Bar and at the Bench we have found that this period of two years spent by a young lawyer in the Subordinate Courts to make himself eligible for practice before this Divisio...... The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitioner in person. MA Manna, Advocate— For the Respondent No.3. Syed Ishtiaq Ahmed and Khondker Mahbub Uddin Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. ...... Syed Ishtiaq Ahmed and Khondker Mahbub Uddin Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. Judgment Abdur Rahman Chowdhury J. — While concurring with the order passed by my learned brother I propose to add a few words of my own. In course of hearing of t..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....Civil Procedure (V of 1908). O.XLVII r.6 Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. Act--Direction is such suit is regulated by law--The discretion is not wide enough to vary the terms of a contract without assigning good reason......-It was incumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; ......ed but since the sellers were not willing to perform their part of the contract the plaintiff appellant filed the suit and it was decreed by the trial Court. In the judgment of the trial Court in the ordering portion it is stated that the defendant is directed to deliver the suit vessel to the plain..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....o some matter of fact. The expression "may alter the finding'' clearly empowers the appellate court to consider the entire evidence against the accused appellant both as regards fact and law and to substitute its own finding…….(8) Cases Referred To- Imran Ullah V...... into some matter of fact. The expression "may alter the finding'' clearly empowers the appellate court to consider the entire evidence against the accused appellant both as regards fact and law and to substitute its own finding…….(8) Cases Referred To- Imran Ull......th witnesses, that accused Emaj and Seraj were wrongfully confined and that the accused party men had ever any right to secure their release. He argued that on the basis of the evidence on record the order of conviction and sentence passed against the accused appellant should be upheld. Relying on t..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....ee ex parte as of right on the failure of the contesting defendant to appear on the date of hearing without proving a prima facie case as contended by the learned Counsel for the appellant. Under the law the contents of a document is to be proved by producing the document itself for inspection of th...... Reported in: 34 DLR (HCD) (1982) 255 ...... The initial onus that was upon the Plaintiff to prove had not been discharged by adducing the primary evidence, namely, the original document itself for enabling the court to examine the document in order to be satisfied prima facie as to its genuineness by comparing the signatures of the plaintiff..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....;tion the name of the accused appellant anywhere in his evidence, farless about his activities. P.W.3 Nurul Islam in answer to a question from the Court stated that accused Saad Ahmed was a lawyer and Chairman, Peace Committee. We also stated that the accused was Chairman of Razakars. The ...... Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali, Advocates— For the Appellant. Mashuque Hossain Ahmed, Advocate— ......J.— This appeal under Article 16(1) of the Bangladesh Collaborators (Special Tribunals) Order, 1972, hereinafter referred to as P.O. No.8 of 1972, is directed against the judgment and order dated 12-3-73 passed by Mr. R.K. Biswas, Sessions Judge and Member, Special Tribunal, Kus..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....hat where a person is jointly interested in an estate with another person, and purports to deal with the entirely, specific performance will not be granted against him as to his share. The law intends one to be dutiful rather than to be generous. The parties have entered into a bargain. ...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Archana Proshad Nandi.....................Appellant Vs. Miss Chilia Randolph and others....................eal is allowed. The suit is decreed to the extent of 2/3rd share of both the defendant 1 and 3 on payment of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. &nb..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....am non judice and malafide— The jurisdiction of the High Court Division in an application in the nature of Habeas Corpus is to see if a person in custody is there in pursuance of any lawful authority and when a person is serving out an order of sentence passed by a Court or tribunal......Vs. Bangladesh & Others………………………….Respondent And Mrs. Mamata Ahmed on Behalf of Capt. A. Z. Ghyasuddin Ahmed and Ors……..Appellants Vs. Bangladesh & Others……&hell....... 45 & 102 Scope of Enquiry and Interference in Habeas Corpus— Writ - Habeas Corpus--Court Martial- High Court Division has no jurisdiction to interfere with the decision and order of Court Martial except on limited grounds of Coram non judice and malafide— ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....of Writ Petition Nos. 65/80 and 96/8. The third group comprises of Writ Petition No. 155/8. 3. These three groups of writ petitions were heard consecutively and, as common questions of facts and law are involved in all of them, they will be disposed of by this single judgment. 4. The petit......afa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and ......Acquisition Officer. Dacca, respondent No. 3. They preferred separate appeals before the commissioner, Dacca Division. The Additional Commissioner Dacca Division rejected their appeals by a composite order. They preferred revisional applications before the Minister, Land Administration and Land Refo..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....d them from their services.
2. The petitioners contested the said applications before the Labour Court and filed a written statement contending inter alia that the petitioners had been dismissed lawfully after holding a fair and proper enquiry into allegations against them and that there had be......t, Dacca & another…….Respondents (In Writ Petition Nos.6-8 of 1980).
Md. Abdullah.............................Petitioner
Vs.
Chairman, Second Labour Court, Dacca and other………Respondents (In Writ Petition No.285 of 1980).
Judgment
A...... to 8 and 285 of 1980.
Judgment
Sultan Hossain Khan J.— The Rules in Writ Petition Nos. 6-8 of 1980 under Article 102 of the Constitution are directed against a judgment and order passed by the Second Labour Court. Dacca.
Facts in short are that the respondent No. 2 in..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....stion he has been excluded from consideration in the matter of promotion and as such all orders of promotions superseding the petitioner must be held to have been made illegally and without lawful authority. He has, however conceded that the authority can consider the merit or suitability ......1981. Result: The Rule is discharged. Considering the matter of promotion of employee to the next higher grade- The employer can assess the value of academic qualification of the candidates while considering their promotion from lower grade. Considering all the facts an......tes— For the Respondents. Writ Petition No. 297 of 1980. Judgment Sultan Hossain Khan J. — This rule under Article 102 of the Constitution is directed against certain orders of promotion superseding the petitioner, directing a committee to examine the certificat..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
....was not a valid passport. On the allegation that Towab obtained the passport in question on suppression of material facts in a clandestine manner he may be appropriately dealt with in accordance with law but he could not be refused entry into Bangladesh on such allegation.
Power of Attorney&mda...... by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On the......lieved on resignation of the offices held under the Government of Bangladesh he was not entitled to hold the diplomatic passport. He did not also change the profession shown in the gratis passport in order to reflect his correct status. Before expiry of the validity of the gratis passport (No. B1345..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......ating of a Kabala to show that it was executed earlier to defraud the holder of the earlier Kabala amounts to forgery. Lawyers Involved: M. Golam Rabbani, Advocate, instructed by B.C. Panday, Advocate-on-Record— For the Appellant Fazlul Karim, Sr. Advocate, instructed by&nb......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Bengal Water Ways Ltd & Another
.... elected as an Additional Director and through Zohura Khatun, Zahiruddin Ahmed got a suit filed, being Title Suit No. 255 of 1973 in the 6th Court of Munsif, Dacca, seeking declaration that she was a lawful owner of 2200 shares and that she was duly elected a Director of the Company. 8. Zahirud......ormula of the principle of 'just or equitable' clause— Whether or not there are equitable considerations for the application of the Principle must necessarily depend upon the facts and circumstances of each case and the judicial discretion of the court. The allegation made by resp......72(2) All. E.R. 492. This was an appeal by one Ebrahimi, against the decision of the Court of Appeal, allowing an appeal by the respondents, against the judgment of a learned single Judge, whereby he ordered the winding up of the company on a petition presented by the appellant under Section 22..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......others.......Respondents Judgment June 30, 1981. Result: The Appeal is dismissed In ascertaining the Period of Time the General Expression is to be Ignored when the Beginning and the End of the Questioned Period of Time is clearly Specified and Dated— The relevant......vocate for the appellant. In the result the appeal is dismissed. The Judgments and decree of the Courts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....rformed by the Supplier and what part has not been performed is not also relevant. In this view of the matter, we are of the opinion that the learned Subordinate Judge has taken a correct view of the law in holding that "the defendant No.1 undertook to make an un-conditional payment of Rs. 1, 5...... Ranadhir Sen J Md. Altaf Hossain J Pubali Bank…………………….. Appellant Vs. Bangladesh Agricultural Development Corporation and another………Respondents Judgment June 30, 1981 Result: Th......has placed before us two unreported decisions of the Appellate Division Civil Appeal No.80 of 1978. Trading Corporation of Bangladesh Vs. Makhan Lall & Co. Ltd. and others was directed against an order of the High Court making an adinterim injunction absolute. The purchaser in that case invoked ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....sive jurisdiction in this case but we shall assume that the Company Judge got such jurisdiction and that it was pending when the Ordinance came into force and see whether me transfer was permitted by law. 6. Transfer of a pending proceeding from a civil court to the High Court Division is not a......is also Reported in: 1 BLD (AD) (1981) 421 ......lip;….Respondent Judgment June 25, 1981 Result: Appeal is allowed. Banking Companies Ordinance (LVII of 1962), Section 62 Banking Companies Ordinance - Winding up order made— A matter pending before the High Court Division or Appellate Division on appe..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
....ons for their prayer for withdrawal at that belated stage. This court upon a consideration of the application filed by the plaintiff respondent alleging the escape of the trawler in question from the lawful custody of the respondent Nos. 6 and 7, directed the General Manager, Fish Harbour to show ca......;
......
Moazzaem Hossain, D.A.G. (Criminal)— At the request of Court.
Appeal from Original Order No. 501 of 1981.
Judgment
Abdur Rahman Chowdhury J.— This appeal arises out of an order passed by the learned Subordinate Judge directing attachment of four Trawlers.
2. Facts, ..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
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