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Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....tractor without prior notice was held to be violative of the general principles of the rules of natural justice and on that account declared such order of black-listing was made without any lawful authority having no legal effect as such. A recent decision of a Division Bench of the S...... March 5, 1980 Result: The Rule is made absolute. Case Referred to- Abdul Hadi, Managing Partner, Hadi Brothers Vs. EPWAPDA, W.P. No 448 of 1968 (un-reported); Joseph Vilangandoa Vs. Executive Engineer (PWD), AIR 1978 SC 930. Lawyers Involved: Syed Ishtiaq Ahmed ......urchase to all to 44 authorities named therein and this was followed by the black-listing of the petitioners by the Directorate General of Defence Purchase. The aforesaid impugned notice and the order for black-listing of the petitioners have been marked as Annexures 'P'and 'Q' ..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....s support in the decision of a Division Bench of Dhaka High Court in the case of Lutfun Naher Vs. Syeda Hashmat Ara reported in 21 DLR 633 DLR 633 wherein it has been held that; "The position in law, therefore, is that the Character of the land is determined by the purpose for which lease ......r Vs. Satya Bhoma Nath & others...................Opposite Parties Judgment March 3, 1980. Result: The Rule is discharged. Case Referred to- Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfun Naher Vs. Syeda Hashmat Ara, 21 DLR......laneous Appeal No.15 of 1977 reversing that of the learned Munsif, 1st Court, Pirojpur in Miscellaneous Case No.7 of 1973 dated 30.11.76. 2. In this application the petitioner has challenged the order of the learned Subordinate Judge allowing the application for pre-emption filed under sub-sect..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ......ump does not help the tenant from the mischief of default- A tenant by making payment of rent in lump shall ordinarily be treated as a defaulter in the payment of rent in terms of section 18(1) and 18(5) of the Premises Rent Control Ordinance, 1963, unless there is a contract to the contrary o......h on which the rent falls due, and if the landlord refuses to accept the rent tendered by the tenant, the tenant must remit the rent within the aforesaid fifteenth day of the following month by money order. If the rent remitted by money order is refused, the tenant can deposit the rent with the Rent..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....tion 115 of the Code of Civil Procedure and obtained. 3. Mr. Amirul Islam, the learned Advocate appearing on behalf of the petitioner submits that the lower appellate Court committed an error of law apparent on the face of the record while passing the order of stay of the order of the learned M...... others Vs. Government of the People Republic of Bangladesh & others, 1977 BSCR 32; Serajuddin Bepari & others Vs. Mizanur Rahman & others, 29 DLR ($C) 82,; S.N. Gupta & Co. Vs. Sadaananda Ghoss & others, PLD 1960 Dacca 153. Lawyers Involved: Amirul Islam with Abdu...... opposite parties. Civil Revision No. 1488 of 1979 Judgment delivered A.M. Khan Chowdhary J.- This rule was issued calling upon the opposite parties to show cause why the judgment and order dated 11.12.79 passed by District Judge, Dacca in Misc. Appeal No. 414 of 1979 staying the ord..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....-emption does not lapse in the event of death, but it devolves upon his legal heirs. The legal heirs inheriting the land are competent to exercise the right of pre-emption in accordance with the law. 6. Mr. Abdus Salam, the learned Counsel appearing for the appellant submitted that Sadat A......l is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interest in the land in question the preemption case......a certified copy of the Kabala on March 8, 1973 they came to know for the first time about the transfer of the case land. Their further case is that no notice of sale was served upon them and that in order to avoid pre-emption the kabala was registered in a different Sub-Registry. 3. The trial ..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....y;inafter called "the Company”, is the appellant. The company which is the appellant in Civil Appeals No. 26 and 27 of 1978 is the employer. 3. As the facts involved and the points of law raised in these appeals are common, they were heard analogously and this judgment will govern al......lay & Co. Ltd. & Another……..……………………Respondents Judgment January 7, 1980 Result: Civil Appeal No. 26 and 27 of 1978 are allowed. Appeal Nos. 46 and 47 of 1978 are disposed of. Case Referred t......os. 863 do 864 of 1974. Judgment K. Hossain CJ. - I concur with the decision of my learned brother Fazle Munim, J. Fazle Munim J. - These appeals arise from the same judgment and order of the High Court passed in Writ Petitions No. 863 and 864 of 1974 on January 7, 1977. In Civi..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
.... and that the document was not binding on him. 9. Mr. Hafizullah, learned Advocate for the appellant, contend that this finding of the appellate Court below is not correct, as it has applied the law relating to documents executed by a pardanashin and illiterate lady to the instant case. The def......in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb AIR 1965 (SC) 60; Goalunda Fishing Industries Vs. Pakistan, (1970) 22 DLR (Dacca) 349; Errington Vs. Errington, in 1952 (1) All E.R. 149; Cobb and another Vs. Lane, in 1952 (I) All E.R. 1199; Issac Vs Hotel De Paris Ltd., (1960) 1 All E.R. 348......in the property to use the same for the purpose of the plaintiff's gain." Mr. Das argues that the circumstances make it quite clear that the defendant No. 1 was given exclusive possession in order that a full right may be created in his favour and in order that he may use the suit land to h..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)
....n order of temporary injunction passed by the Munsif 3rd Court Tangail in O. C. Suit No. 225 of 1977. 2. Petitioner before me is the plaintiff who filed the suit for a declaration that he is the lawfully appointed Nika Registrar in the area of Nagarpur Police Station and that the appointment of...... O. C. Suit No. 225 of 1977. 2. Petitioner before me is the plaintiff who filed the suit for a declaration that he is the lawfully appointed Nika Registrar in the area of Nagarpur Police Station and that the appointment of defendant Nos. 1 and 2 as Nika Registrars for the same area is illegal, ......l Amio—For opposite party No. Civil Revision No. 614 of 1979 Judgment Shahabuddin Ahmed J.- This rule under section 115 of the Civil Procedure Code calls in question an order dated 30-4-79 of the District Judge Tangail, in Misc. Appeal No. 34 of 1978 reversing an order..Category: Family Law | Date: 30 Nov, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....n so far as they relate to the promotion of respondeqt Nos. 3 and 4 (in Writ Petition 527/79) and respondent Nos. 3 to 7 (in Writ Petition 528/79) should not be declared to have been made without any lawful authority and of no legal effect and why the respondent Nos. 1 and 2 of the petitions should ......4 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Province of East Pakistan, PLD 1971 SC 82. Lawyers Involved: Syed Ishtiaq Ahmed with S.A. Latif, Abdul Rah Chowdhury and Rabia Bhuiya, Advocates-For the Petitioners. K.A. Bakr, Attorney General, with MM. Haq and ......ry obligation to place their cases to the Council Committee for consideration and making recommendation to the President, whose approval is the final legal requirement before the issuance of the orders for promotion. It was also stated that the Establishment Division issued impugned Notifi..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....peals by special leave are directed against an order of the High Court Division in Writ Petition Nos. 654 and 655 of 1976.
The points for consideration are whether the courts below erred in law in not considering the second stipulation of the agreement which manifestly reserves with t......
Lawyers Involved:
Asrarul Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record - For the Appellant (In both the appeals).
A.N.M. Gaziul Huq, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Respondent No.2 (In both the appeals).
Civil Appeal Nos.8 &......r dated 8-11.76 passed by the High Court Division in Writ Petition Nos. 654 and 655 of 1976.)
Judgment
Badrul Haider Chowdhury J.- These two appeals by special leave are directed against an order of the High Court Division in Writ Petition Nos. 654 and 655 of 1976.
The points for..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....is a bar to the passing of title by oral gift in favour of the plaintiffs, even if the story of alleged gift be taken to be a true one. He also found that the Transfer of Property Act being a Central law and the provision of Non-Agricultural Tenancy Act being a special law on matters of transfer of ......& another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ......t against the belated amendment of the plaint and to examine the witnesses with a view to controvert the genuines of the documents by handwriting expert if the defendants so desired. In the order of remand it was further directed that both the suit and the Succession Certificate case shoul..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
.... performance of the contract and that contract has been affirmed by a decree for specific performance of contract, the transferee after the decree does not acquire an interest in the land. He can lawfully maintain and protect his possession and interest in the property. The rights of the ......32 DLR (AD) (1980) 24. ......ained of. Beyond this no further general formulation is either necessary or desirable. We have decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
.... for any purpose which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh (b) any properly which is in the possession or under the control of the Government under any law for the time being in force.
Explanation: ''Person who is not present in Bangladesh......of Public Works & Urban Development, Government of Bangladesh………..Respondents
Judgment
August 17, 1979.
Result:
The rule is made absolute.
Owner of abandoned property has no legal authority to transfer the property-
An abandoned property within ......itioner.
Syed J.R Mudassir Hoisain, A.A.G—For Respondents.
Writ Petition No. 277 of 1977.
Judgment
Rafiqur Rahman J.- The petitioner by this writ petition has challenged an order dated 18.7.77 issued under signature of respondent No. 2 Section Officer, Ministry of Works ft..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....on.
5. "Service of the Republic" means any service, post or office, whether in civil or military capacity, in respect of the Government of Bangladesh, and any other service declared by law to be service of the Republic. If the petitioner falls within this definition then he is entitle......diction)
Present:
Shahabuddjn Ahmed J
Rafiqur Rahman J
Kazi Abdul Wahab......................Petitioner
Vs.
Bangladesh, (through the Secretary, Ministry of Law and Parliamentary Affairs, Law Division)………………….......... No. 614 of 1978.
Judgment
Shahabudin Ahmed J.- The petitioner, former Deputy Attorney General (Criminal), has challenged in this petition under Article 102 of the Constitution an order dated 10th June, 1978 of the respondent, Government, of Bangladesh, represented by the Secreta..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....ion in this case is quite maintainable even if the alternative remedy was not availed of. 6. In the result the rule is, made absolute and the impugned order is declared to have been made without lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. ...... Kazi Ali Noor………………………………………..Petitioner Vs. Secretary, Ministry of Agriculture and others………….Respondents Judgment July 26, 1979. Result......man, Faruque Ahmed—For the Petitioner. A. Hasib—For the Respondents 2-5. Writ Petition No. 673 of 1978. Judgment Shahabnddin Ahmed J.- This rule is directed against an order dated 27.7.78 of respondent No. 5, Joint Secretary, Bangladesh Agricultural Development Corpor..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....n holding that the order passed earlier on 12.4.78 was open to appeal. Leave was granted to consider the question set out above. 2. After hearing Mr. Rouf, we found that an important question of law of public importance was involved and so we sought the assistance of Mr. M.H. Khondker as Amicus......esent: Kemaluddln Hossain CJ Ruhul Islam J KM subhan J Abul Bashar Toha…………………….......Appellant Vs. Sujayat Ali and others……………………Respondents Judgment ......test the suit in the Courts below. The prayer was allowed on 30.5.1973. It appears that the respondents 3(5), 32, 33, 35, 50, 51, 52 and 65 died during the pendency of the second appeal. An abatement order as required under the Appellate Side Rules was noted by the Registrar on 11.7.77 reciting that..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....his witnesses if he so likes. On receipt of this notice the petitioner moved this Court and obtained the rule challenging that such a parallel or counter enquiry by a magistrate is not permissible in law as it will cause obstruction to, and Influence the course of justice in his pending case.
3......
Present:
Shahabuddin Ahmed J
Rafiqur Rahman J
Shaikh Keramat Ali..............................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents
Judgment
July 6, 1979.
Result:
The rule is made abso...... addressed to the Deputy Commissioner by the superintendent and Remembrancer of Legal Affairs, it appears that the legal advisers of the Government were under the impression that the Government could order a summery or full-dress enquiry for the purpose of satisfying themselves whetherthe prosecutio..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....Appellant Vs. Government of Bangladesh & Others………….Respondents Judgment July 6, 1979 Result: The appeal is allowed. Administrative law—Discretionary power— Authority must exercise the power reasonably— Arbitrary e......, instructed by Abu Backkar, Advocate, on Record-For the Appellant. Md. Moksudur Rahman, Deputy Atorney General, instructed by S.S. Hoda, Advocate on-Record-For the Respondents 1-6. N. H. Khandoker, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent 7-8. ......, Advocate-on-Record-For the Respondent 7-8. C. A. 73 of 1979 from W. P. 494 of 1979 Judgment Ruhul Islam J. - This appeal by special leave is directed against the judgment and order of the High Court Division dated February 22, 1979 in Writ Petition No. 494 of 1978. 2. T..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
....e case. 7. In the result, the impugned order dated 30.10.72 passed by the Labour Court, Khulna in Industrial Relations Ordinance Case No. 22 of 1971 is hereby declared to have been passed without any lawful authority and is of no legal effect. The case is sent back on remand to the Labour Court for ......l Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M Afzal J Mujibur Rahman Sarkar...............................Petitioner Vs. Chairman Labour Court, Khulna and another…………...Respondents Judgment June 29, 1979. Re......d: K.S. Nabi—For the Petitioner. No one—For the Respondents. Writ Petition No. 103 of 1973. Judgment Abdul Rahman Chowdhury J. - This rule is directed against an order passed by the Chairman, Labour Court Khulna dismissing the petitioner's case as not mainta..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC
....Order, 1972. (P. O. 149 of 1972) was passed on 15th December, 1972. Article 2 of this order which is relevant for this purpose reads as: “2. Notwithstanding anything contained in any other law, on the commencement on this order, every person shall be deemed to be a citizen of Bangladesh. ......Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Result: The rule is mad......ted. The main contention is that the petitioner having filed an application to the International Committee of Red Cross had disqualified himself to be a citizen of Bangladesh and as such the impugned order cannot be challenged. 4. Mr. M.I. Farooqui, the learned Advocate appeared for the petitio..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
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