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Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....o. 3 of 1973 Judgment Abdur Rahman Chowdhury J. — This appeal arises out of an order passed by the learned Subordinate Judge directing the execution case to proceed in accordance with law. We have heard the learned Counsel for the appellant and the learned Assistant Attorney Gen......s dismissed Code of Criminal Procedure (V of 1898); Section 386 Army Act (XXXIX of 1952); Section 142 Sentence of Fine Imposed by Summary Military Court - Whether Such Fine is a Decree and Can be Executed through Civil Court— In relation to the provision of Army Act which h......A.Y. Salimuzzaman, Assistant Attorney General—For the Respondent. Appeal from Original Order No. 3 of 1973 Judgment Abdur Rahman Chowdhury J. — This appeal arises out of an order passed by the learned Subordinate Judge directing the execution case to proceed in accordance ..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....0) CA 19 and 82 of 1980 from W.P. 296 of 1974 and 360 of 1973 Judgment K. Hossain CJ. — These two appeals are heard together as they are dependent upon a common question of law, in that, whether Article 5(b) of Government of Bangladesh (Services Screening) Order,......of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first part deals with collaboration, the second part deals with the of ideology of Pakistan and the third part deals with the support of the elements inimical to the liberation struggle or cre......f the resolution of the Syndicate he was dismissed from the service of the University with effect from the 13th January, 1972. He then filed a writ petition in the High Court Division challenging the order. 4. The Screening Board found him guilty of the three out of the four charges originally ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....High Court Division to prove the assertion and the motion to prove that he was engaged on that date. In spite of that the learned Subordinate Judge held that 20.3.78 was fixed for hearing and another lawyer was conducting the suit but he was not instructed to conduct the suit on the date. He further......or the Petitioner. Abdur Rab-II—For the Opposite Party. Civil Revision No. 325 of 1981. Judgment Abdul Wadud Chowdhury J. — This rule is directed against the judgment and order passed by the learned Additional District Judge, 4th Court, Dacca dated 20.12.79 in Misc. ......he Petitioner. Abdur Rab-II—For the Opposite Party. Civil Revision No. 325 of 1981. Judgment Abdul Wadud Chowdhury J. — This rule is directed against the judgment and order passed by the learned Additional District Judge, 4th Court, Dacca dated 20.12.79 in Misc. Appe..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....he limits of the municipality at ghats or landing places constructed and maintained by the Commissioner; and (j) any other tax which the Commissioners are empowered to Impose under any law for the time being in force. (2) The Commissioner may from time to time, as a meeting co......Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dacca Municipal Corporation………………….Appellant Vs Sonali Bank and Ors…………………………….Resp...... Appellant. Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.— For the Respondent No. 1 Civil Appeal No. 103 of 1980. (From the judgment and order dated 31-5 -79 passed by the High Court Division in Writ Petition No. 135 of 1980.) Judgm..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
.... under section 197 Cr. P.C. was required rejected the prayer of the complainant for taking cognizance of the case. The petitioner thereafter moved this Court and obtained a Rule. 4. The point of law involved in both the Rules being the same, they are taken up together for hearing and are b......rojul Huq with Zakir Ahmed, Advocates-For the opposite parties Criminal Revision No. 139 & 140 of 1980 Judgment Md. Altaf Hossain J.- These are two applications under sections 435 and 439 of the Code of Criminal Procedure. 2. The facts of Criminal Revision No.139 of 1980 ari......ion 197 Cr.P. C. was necessary before taking cognizance, placed the case before the Sub-divisional Magistrate for necessary action. On 28-2-30 the learned Sub-divisional Magistrate after perusing the order passed by the learned Magistrate on 20-2-80 and being of the opinion that sanction was necessa..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
.... carefully in such situations before rushing to judgment. We find no reason why the judgment-debtor could not have moved this Court for the redress of his grievances, if any, in, accordance with law. We are, therefore, satisfied that the impugned order cannot be sustained in law. 6. I......n order passed by the Subordinate judge allowing an application under section 47 of the Code of Civil Procedure in an execution proceeding. 2. We have heard the learned Counsel for the appellant and perused the impugned order. No one has appeared for the respondent when the matter was called on......d. Lawyers Involved: Raftque-ul-Huq, Advocate-For the appellant. First Miscellaneous Appeal No. 177 of 1975 Judgment Abdur Rahman Chowdhury J.- This appeal arises out of an order passed by the Subordinate judge allowing an application under section 47 of the Code of Civil ..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....istry of Commerce issued the impugned Order on October 15, 1979 which runs as follows :- “Whereas the grounds of objection of the Bangladesh Steamer Agents Association raised through their lawyers M/S. B. Ahmed & Co. in their No. B. 182/BA/1175 dated 20-8-79 in reply to the notice con......Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memorandum of association--Government has the power to direct a registered trade organisation to alter or......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
.... unauthorisedly. 4. The High Court Division made the Rule absolute and the impugned order dated 28. 12. 77 terminating the services of the respondent was declared to have been passed without any lawful authority and of no legal effect. Leave was granted to consider the question whether the......y;dent was never selected by the Selection Board, but somehow by mistake the appointment letter was issued. In the absence of selection by the Board the appointment was invalid. Between the interview and the date when he got the appointment letter there is hardly anything to show that he was se......-on-Record-For the Respondent. C.A. 113 of 1980 from Writ Petition No. 265 of 1978. Judgment Badrul Haider Chowdhury J. - This appeal by special leave arises from the judgment and order of the High Court Division dated 8th August, 1979 in Writ Petition No. 256 of 1978. 2. Th..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....mpetent to file the Writ Petition. 12. The High Court Division after hearing the parties made the Rule absolute and the impugned notice was declared to have been passed illegally and without any lawful authority. The High Court Division, however, held drat me Oil Storage Tanks form part of me &......ult: The appeal is dismissed Urban Immovable Property Tax Rules, 1957, Rule 10 Rule 10 gives power to amend or alter the valuation only in cases where assessment is yet to be completed and tax is payable. It does not give power to re-open a closed assessment………&he......ejected the appellant's contention. It was submitted by the learned Additional Attorney General that Rule 12 of the Urban Immovable Property Tax Rules Provides First Appeal against the assessment orders passed by the Assessing Officer, before the Deputy Director of Taxation and a Second Appeal b..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
.... opposite party No. 2. Mr. Nurullah submits that since the non-compliance with the statutory requirement of handing over charge was involuntary and was due to the intervention of a Court of law, the learned Additional District Judge should have held that the appeal was not maintainable. He...... are that the father of the petitioner by a deed of Waqf registered on 14.6.51 created a Waqf. It was provided in the said deed that after his death his daughter opposite party No. 2 Nurunnahar Begum and his grand-daughter opposite party No. 3 would jointly become Mutawallis of the said Waqf Estate.......vocates-For the Opposite parties Civil Revision No.691 of 1979 Judgment Mustafa Kamal J.- This Rule obtained u/s. 115 (old) of the Code of Civil Procedure calls into question an order passed by the learned Additional District Judge, Chittagong dismissing the petitioner's ap..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....on is taken by the Second Parties within 60 days the First Party is entitled to get full salary. That the Second Parties have kept the First Party under suspension most illegally and without any lawful authority.” 7. He further prayed for a direction on the second party to pay subsis...... Vs. Chairman, 2nd Laour Courts & Another……………….Respondent Judgment January 12, 1981 Result: The appeal is allowed. Terms and conditions of the employees of Dacca Improvement Trust are regulated by Town Improvement Act and......at the Dacca Improvement Trust does not answer the description either of the "commercial establishment" or "industrial establishment" as given in the Employment of Labour Standing orders Act, 1965. D.I.T. does not deal any business of advertising nor it is a commercial agency nor..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....ion in M/s. Dulichand's case had occasion to observetion the effect of the property becoming enemy property and the relevant passage may be quoted. "Upon a true construction of the laws aforesaid, we get, that all rights in such property vest in the Government of Bangladesh a......………………………Respondents Judgment January 8, 1981 Result: The appeal is allowed. Case Referred to- M/s. Dulichand Omraolal Vs. Bangladesh 1981 BLD (AD) 1. Lawyers Involved: MS Dilichand Omraolal......in part, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property remains a vested property. There will be no order as to costs. &nbs..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....t Petition 489 of 1980 Judgment K. Hossain CJ.- Though I agree with the conclusion reached by the Court, that the appeal be allowed and the Impugned order declared to have been made without lawful authority, and agree with the reasons given by my learned Brother Munim, J. in his well reaso......SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chowdhury Vs. Province of East Pakistan, PLD 1957 SC 9;Kunnothat Thathunni MoopilNair Vs. State of Kerala, AIR 1961 SC 552; East and West Steamship Vs. Pakistan, PLD 1958 SC 41;Matajoy Dobey Vs. H.C. Mare, AIR 1956 SC 44; Padfiel...... Civil Appeal 122 of 1980 from Writ Petition 489 of 1980 Judgment K. Hossain CJ.- Though I agree with the conclusion reached by the Court, that the appeal be allowed and the Impugned order declared to have been made without lawful authority, and agree with the reasons given by my le..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....is the recovery of the fruit of a decree passed earlier but subsequently reversed. Application for restitution is an application for which no limitation has been specifically provided for in the law and as such it attracts the residuary provision of Art. 181. A restitution application is not an......he recovery of the fruit of a decree passed earlier but subsequently reversed. Application for restitution is an application for which no limitation has been specifically provided for in the law and as such it attracts the residuary provision of Art. 181. A restitution application is not an app......, Advocate-on-Record-For the Respondent 1. C. A. 56 of 1980 from S. M. A. 45 of 1970 Judgment Shababuddin Ahmed J. —This appeal by special leave calls in question a judgment and order of the High Court Division dated July 24, 1979 in S. M. A. No. 45 of 1970 reversing the judgme..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
.... can be, enquired incidentally. He, however, says, when the defendants raised the question of title, the plaint ought to have been returned for filing in a proper Court. As a proposition of law, the submission of Mr. Pal is sound, but from the findings of the two Courts below, we find it d......e Court Suit Respondents filed S.C.C. suit for eviction of appellants from suit premises claiming title to the premises on the basis of a decree for specific performance passed against the landlords of the appellants. Appellants challenged the title of respondents contending that the ......uit premises was about to be taken over by the Custodian of Enemy Property and proforma-defendant 3 moved the authority concerned for release of the same and get the property released by an order dated 18-8-66. Defendants 1 and 2 on getting scent of aforesaid order of release of the suit p..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
....) it is found that at the relevant time the Government had jurisdiction to review the proceedings of the case against the respondents and the High Court Division failed to notice this vital change of law. 4. But the fundamental question is, whether the Government's power of review under Reg......;…………………………………………………….Petitioner Vs. Mohammed Ali and 6 others .....................Respondents Judgment November 24, 1980. Result: ......pecifically provided in a statute such power cannot be read into it and exercised. Before the provision for review was brought into this statute by amendment there was provision for appeal against an order of sentence of a Martial Law Court and the appellate power specifically included the power of ..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
.... 1980 Result: The Rule is made absolute. An employee of a statutory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutory public ......ory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutory public authority given in Art. 152(1) of the Constitution are read and considered toge...... its Administrative officer. In this connection it may be observed that the petitioner, was ultimately absorbed in the service of Bangladesh Chemical Industries Corporation and when the impugned order of dismissal was served upon the petitioner, he was the employee of the Corporation as such an..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....sued process against the petitioners under sections 302/34/109 of the Penal Code. Eventually Mr. A.Z.M. Shafiqul Islam, Magistrate, 1st Class, took up the case to proceed in accordance with law, On 29-6-79 the Opposite Party No. 2 filed a petition before the learned Magistrate for sending ......-1-80 passed by the learned Additional Sessions Judge, Sylhet in Crl. Motion No. 9/111/79 setting aside an order of a Magistrate, 1st Class of Sunamganj passed on 29-6-79 in C.R. Case No. 769 of 1976 and directing him to send the case to the Court of Session for trial. 2. On a First Information......opposite party No. 2. Moazzem Hossain, Deputy Attorney General-For the State. Criminal Revision No.64 of 1980 Judgment Md. Altaf Hossain J.—This Rule is directed against an order dated 30-1-80 passed by the learned Additional Sessions Judge, Sylhet in Crl. Motion No. 9/111..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
....-fixation of ren. Such action of the government in. requisitioning a private property under s.3 of the Act cannot be sustained.
Arbitrary exercise of power is itself mala fide, that is malice in law………………..(6-9)
Lawyers Involved:
Shaukat Ali K......
Ruhul Islam J
Badrul Harder Chowdhury J
Mansurul Aziz & Another………………………Appellants
Vs.
Secretary, Ministry Of Land Administration And Land
Reforms & Others……………&hellip......uthority to the Deputy Commissioner to requisition certain immovable property for a public purpose. Providing accommodation to a government office is no doubt a public purpose. But to justify such an order a case is to be made out that alternative accommodation is not available, and it is essen..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask fo......t is found that the defendant without being in possession, wants to disturb the possession, the Court cannot be powerless to grant temporary injunction in an appropriate case. The order granting injunction must be a speaking order………… (5) Case Ref..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
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