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Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....titute legal proceedings or to defend them so to comply with direction and many legal proceeding have been disposed of ex parte or for default in compliance with discretion of the court, that ends of justice demand their nullification. A public policy has been declared here. It is manifestly for the...... of the originator of the proceeding. Rather it gets fuller meaning, if the word is interpreted to mean an order passed in the absence of any one of the contending parties. Take another illustration; according to Mr. Huq ex parte order passed under Order 41, rule (5) (4) though is an ex parte order ......Sunil Kumar Basu & others………………….Opposite Parties Judgment April 11, 1975. Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muh......7.5.71 sale-certificate was granted to the auction Purchaser; on 31.5.71 order for |he issue of writ of delivery of possession was made. On these occasions the judgment-debtor appeared through a lawyer, though not personally. On 11.6.71 the delivery of possession of the property was given to th..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......pared by the Presiding Officer, Annexure 'A', it is clear that only 2381 ballot papers were issued and whereas in the ballot boxes as many as 2511 ballot papers were found. So the conclusion, according to the learned Advocate, is irresistible that 130 ballot papers, which is the difference b......ip;Petitioner Vs. Bangladesh Election Commissioner & others…......Respondent Judgment April 4, 1975. Result: The Rule has been discharged. Case Referred to- Imtiaz Ahmed Vs. Ghulam Ali and others (1963) 15 DLR (S.C.) 283 PLD 1963 S.C. 382; The Prov......agents and prepared the Form 'M' which was sent to the Returning Officer,-that at no stage of the counting the Presiding Officer informed the Returning Officer as to the presence of the 130 unlawful votes in the ballot boxes at the P.T.I. Maizdi Polling station in question, that the entire s..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......etitioner Vs. Bangladesh and others.......................................Opposite parties Judgment March 5, 1974. Result: The rule is made absolute. Cases Referred to- Kumudini Welfare Trust of Bengal Ltd. (1959) 11 DLR 57; Md. Yasin (1974) 26 DLR 82;Mt. Sush......lhet where they made the following prayer. “A) A declaration that the plaintiff being the owner of the suit properties and that the S/properties not being enemy property as contemplated by law, and all proceedings purported to declare the S/properties as enemy property are mala fide, unla..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......€¦...Appellant Vs. Obaidul Huq Chowdhury and others…………..Respondents Judgment February 5, 1975. Result: The appeal is allowed. Cases Referred to- Raja Amir Hassan Khan Vs. Sheo Baksha Singh II IA. 237; Balakrishna Udayar Vs. Vasudeva Aiy......g that no execution could proceed and that status quo ante the rent suit be restored. 6. Against this order leave was obtained by the auction purchaser, the appellant before us. Two questions of law are involved in this appeal. First: What is the extent of jurisdicÂtion of the High Court under..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....ew of such a proceeding. According to the learned Advocate, to make the decision given in such a proceeding binding upon the parties in a regular suit would cause much hardship and may also lead to injustice. It should however be noticed that if the view of Subba Rao J. is taken to be the correct en...... mala fide intention to defeat the requisition of the land by the Government. The further finding of the learned Subordinate Judge is that the Government could justify any demolition of the structure according to the provision of Section 7 of the East Bengal Building Construction Act 1953.......vince of East Pakistan 17 D.L.R. S.C. 629; P.L.D. 1966, S.C. 409 17 DLR (SC) 629, same case PLD 1966 S.C. 409; Ram Kirpal Shukul Vs. Massammat Rup Kuari, 11 Indian Appeals page 37; Hook Vs. Administrator General of Bengal and others, 48, Indian Appeal 187; A.LR. 1921 P.C. 11, T.B.; Ramachandra Rao a......under the provisions of East Bengal Emergency Requisition of property Act 1948 was illegal and ultra vires and that the demolition of the structure constructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....al in the following terms: "I hold that company was a mere cloak or sham." The same view was taken of the matter in this decision by Lord Haworth, Master of the Rolls and also by Romer lord justice in allowing the appeal. It was observed "as I think he did conclude, that this defendan......said Sub-Divisional Officer, Nilphamari compelled the Central Bank of India Ltd., Rangpur branch to pay a sum of Tk. 10,197/5/ to him out of the attached money in the hands of the said Bank. The bank accordingly paid this amount demanded, under Bank Draft No. 02639/1 dated 161-53 which was encashed ......t Vs. M/s. Lucky Biri Company.................................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; President V....... Mr. Sultan Ahmed, the learned Deputy Attorney-General appearing in support of the appeal has canvassed before us firstly that (1) in the facts and circumstances of the case the Court below erred in law and fact in not holding that the deed of partnership is nothing but a creation of a firm for eva..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......he, accompanied by Ali Akbar, a co-villager, reached the Tharia he had seen one Khal it Mastermind one Sarafat All sitting in the thana and that the Daroga did not record the First Information Report according to his statement, but simply took his L.T.I, on a plain paper. Subsequently when he came t......a Gazi, Kasem Dewan and Mafu alias Mafizuddin Oazi have been convicted by Mr. H. M. R. Siddique, Sessions Judge, Comilla, by his order dated 25-4-70 under section 302/34 B.P.C and sentenced to transportation for life, for murdering one Hasan Ali Chowkidar. 2. The prosecution case is t.......I.R., one is Sultan Master, a sitting M.U.C. and another is Minnat Ali Chowkidar, both of whom are first cousins of the deceased residing in the same house. As to Ali Akbar, he is found to be son-in-law of Minnat Ali. Similarly, Khalilur Rahman alias Khalil Master. is the brother-in-law of Minnat A..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
.... that the court may in interpretation a statute under certain circumstances, add a word or even leave out a word, if such a reading is found necessary to avoid a kind of absurdity, inconsistency or injustice which may be presumed to have not been intended by the lawmaker. What a court is required to......e stating that failing to make payment by the particular date the creditor shall arrange for sale of the hypothecated stock is not sufficient to indicate the intention of the creditor to sell, which, according to the view of the Allahabad High Court, is sufficient for creating jurisdiction for the c......fth now Bangladesh Court of the Subordinate Judge, Dacca in Title Suit' No.7 of 1960, which the Appellant brought against the East Pakistan Provincial Cooperative Bank Limited (hereafter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the ......on regarding the validity of the safe of the pledged stock of timber held on 1.10.54 and has contended that the sale having been held without any proper notice, to the plaintiff as required under the law was void and that the Bank having obtained the decree against the plaintiff in Money Suit No. 7 ..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
....e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ......n the same date for producing in Court in obedience to the direction of the High Court Division. Prior to that date the appellants had no knowledge of the disposal of the Rule. The learned counsel accordingly submitted that the delay in filling the petition for special leave to appeal was not d......ts. Mahbubur Rahman, Advocate, instructed by S.S. Hoda, Advocte-on-Record-For the Respondent No.1. Criminal Appeal No.31 of 1974. (Arising out of Criminal Petition for Special Leave to Appeal No.56 of 1974.) Judgment Ahsanuddin Choudhury J. - This appeal by special leav...... leave to appeal was directed to be converted and registered as an Appeal, which were done. 9. The question that arises is this appeal is whether the High Court Division committed an error of law in disposing of the Criminal Revision filed before it. The case arose out of an order passed by..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237. ......e prosecution now proposes after the lapse of 12 years, against the accused-petitioner. In the result therefore the proceedings in Special Cases Nos. 2 to 9 of 1970 are quashed and the rules are accordingly made absolute. The accused petitioners who are on bail are discharged from their bail bo......al Revisional Jurisdiction) Present: K. M. Subhan J S. M. Mohsen Ali J Abdul Wadud Sikder and others....................Petitioners (In C.R. No.176 of 1970) and (In C.R. Nos. 202 to 208 of 1970) Vs. State.........................................Opposite parties (In all......970 and C. R. No. 202, 203, 204, 204, 205, 206, 207, 208 of 1970. Judgment K.M. Subhan J.— These eight rules are disposed of by this judgment because they raise the common question of law. The petitioners obtained these rules against the Judgment and order passed by the learned Sessi..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....be performed in a certain manner', or within a certain time, or under other specified conditions such prescriptions may well be regarded as intended to be directory only in cases when injustice or inconvenience to others who have no control over those exercising the duty would result i...... the Employment of Labour (Standing Orders) Act, 1965. The provision of section 19(1) of the said Standing Orders is one of the conditions of employment of a permanent worker. It is thus evident that according to the conditions of employment of a permanent worker as laid down in the Standing Orders,......t aside. The award made by the learned Chairman directing the re-instatement of Aminul Islam is also set aside. The order terminating the services of Aminul Islam holds good. Cases Referred to- East Pakistan Aluminum and Iron Manufacturing Co. Vs Chairman Industrial Court Dacca, 16 DL......statement denying the charge of alleged victimisation and contended that the termination of services of Aminul Islam was termination simpliciter which the Company was entitled to do in law. Further contention of the Company was that Aminul Islam after termination of his services ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......hole basis of the order of detention purported to have been made on the satisfaction of the President is gone. If the basis is no longer there the order must be deemed to have no validity and it must accordingly fall. 14. Mr. A.T.M. Afzal the learned Deputy Attorney-General, contended that the ......ellip;………………………Opposite Party Judgment March 8, 1974. Result: The Rule is made absolute, Allowed Case Referred to- (1967) 19 DLR (SC) 403-Golam Jilani Vs. The Government of West Pakistan, P.L.D. 1967 ......missioner, Dacca to show cause why the petitioner who is alleged to be illegally and improperly detained in jail should not be produced or brought before the Court to be dealt with in accordance with law or set at liberty. 2. The facts of the case in brief are that the petitioner was arrested f..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
....earing on the prayer of the purchaser-petitioner and is still pending. In the facts and circumstances in this case it cannot be held that by making the impugned order there has been a failure of justice affecting the merits of the case. No interference is called for. The application is acc......hy;tances in this case it cannot be held that by making the impugned order there has been a failure of justice affecting the merits of the case. No interference is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is......rim—For the petitioner. An application under section 115 (1) of the Civil Procedure. Judgment Mohammed Habibur Rahman J.—This is an application for issuing rule upon pre-emptor opposite party No.1 Zahir. Ahmed. Shah to show cause as to why the impugned order No.17 dated 25......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....ner-and on which some reliance was placed by the learned Chief Justice of Pakistan in Md. Mehdi Ali Khan Panni's case-but this does not appear to be an accord with more authoritative judicial and justice views. In this connection, I may refer to the following passage from Professor Cooly's &......r has however, contended that the provisions of clauses (9) and (10) of Article 30 were enacted clearly for the purpose of suspending the fundamental rights and if they were suspended then, according to the decision of the Supreme Court of Pakistan, the laws which were bad because of incon......................Petitioner Vs. Kashem Ali Maloo..............................Opposite Party Judgment January 22, 1974. Result: Rule is made absolute. Cases Referred to- Chittaranjan Sutar Vs. Secy. Judicial Department, 17 DLR 451;State Vs. Dosso, 11 DLR (...... aside an auction sale of certain lands held under Order 21, rule 90 of the Code of Civil Procedure for an amount of Tk. 70.84 paisa has raised certain important questions of constitutional law of some nicety. 2. The facts leading to this application are as follows: One Budhair Sutrad..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....al for inflicting a major punishment on a servant of government has been initiated, proceedings against him are conducted in a manner which does not give the impression that the principles of natural justice and fair play were observed. The appellate authority recorded the aforesaid finding on a con......ence with the office work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. It is argued that disciplinary proceedings are to be followed according to the law and since the order are judicial orders, the orders must be based on reasonings...... gross interference with the office work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. It is argued that disciplinary proceedings are to be followed according to the law and since the order are judicial orders, the orders must be base......ice work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. It is argued that disciplinary proceedings are to be followed according to the law and since the order are judicial orders, the orders must be based on reasonings. Case Refer..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....tion in not granting extension of time under section 148 of the Code of Civil Procedure or in the alternative, in exercise of his inherent powers under section 151of the Code for doing justice to the Party. The learned Advocate also contends that in any view or the matter, the learned......egislature cannot foresee and provide for every eventuality which may occur, but they are not for the purpose of evading or ignoring the express provisions of the law or for inventing a new procedure according to the individual inclination of a particular Judge. Under the cover of these powers, a co......ip;…………........................Opposite party Judgment July 11, 1973. Result: The rule is discharged Cases Referred to- Shah Wali Vs. Ghulam Dim, 19 DLR, S.C. 143; S.M. Yousuf and another Vs. Khandker Hafizur Ra......62 in default whereof the suit would be treated as dismissed. A second appeal was filed to the High Court of West Pakistan but this appeal being treated as revision under an amendment of the relevant law was dismissed on the 9th of October, 1962. The pre-emption money as directed by the court was su..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
......that under rule 34 of the Rules which is operative under the Industrial Relations Ordinance 1969 no written his advice was taken or tendered from the said member. The violation of the aforesaid rule, according to the learned Advocate for the Bank, goes to the very constitution of the Court itself, s......-Junior Clerk; National Bank of Pakistan, Khulna.
2. Third Lobour Court, Khulna.......Respondents
Judgment
April 9, 1973.
Result:
The Rule is made absolute
Case Referred to-
James Finlay & Company Vs. Aminul Islam, 21 D.L.R. 84
Lawyers Involved:
Asrar......ion 67(2)(b) provides that anything done, rules made, notification or order issued, officer appointed, court Constituted, notice given, proceeding commenced or other actions taken under any law shall be deemed to have been done, made, issued, appointed, constituted, given, commenced or tak..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ...... the 29th of March, 1971 he left the aforesaid premises and on his return to the city sometime after the liberation, he found the petitioner in the disputed premises on the 26th of December, 1971. He accordingly prayed for restoration of possession of the said premises on evicting the petitioner the......p;…………………Respondents Judgment March, 20, 1973. Result: the Rule is discharged and the order of stay is vacated. Case Referred to- M. Noman Vs. Dacca Improvement Trust and others,16 D.L.R. (Dacca) 537. Lawyers Involve......he Thana Magistrate, those authorities were not bound by the opinion of the petitioner. They were of the view that they had the power to dispose of the Respondent's application in accordance with law, even though the petitioner challenged their jurisdiction on the ground that a case in respect o..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
....le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......: The Rule is discharged. Lawyers Involved: M. Behtar Ali, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Special Leave to Appeal No.21-D of 1971. Judgment AM Sayem CJ. - This Petition for Special Leave to App......e plaintiff. Thereafter, the plaintiff got the suit land recorded in the Rent Roll on the basis of the aforesaid kabala and also paid rents to Government. Defendant No.1, Narendra Nath Pal, son-in-law of Profulla filed an objection under section 19(1) of the East Bengal State Acquisition and Ten..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
.... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ......on the 5th Ashar, 1368 B.S. corresponding to 28th June, 1961. Thereafter the plaintiffs paid Rs. 1,750/- to the original vendor out of Rs. 3,000/- and the balance of Rs 1230 was offered to the vendee according to the terms of the agreement and demanded reconveyance but the original vendee refused to......Appellant Vs. Fajilatennessa and others.…………Defendant-Appellant Judgment January 8, 1973 Result: The appeal is dismissed. Cases Referred to- Ratish Chandra Mridha Vs. Hara Krishana Goldar and others (1963) 13 DLR 634; Sakalaguma Nay......ate, the suit ought to have been dismissed by the Courts below on the ground that the plaintiffs have no locus standi to institute the suit. The learned advocate however, failed to the proposition of law submitted by him, and he also failed to eite any authority to support the same. 8. Mr. M.A...Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
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