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Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ...... of the Court reveals the motive of the informant which can, to say the least, mean the harassment of the accused appellants. The question is whether such proceeding is liable to be quashed. Inherent power has been given "to prevent the abuse of the process of the Court or otherwise to secure the en....... The State and others ..................................Respondents Judgment July 5th 1987. The Code of Criminal Procedure, 1898 (V OF 1898), Section 561A A proceeding is liable to be quashed when the allegation upon which it is based is, on the face of it, groundless or so pre......pending. 10. The appellants challenged the proceedings before the High Court Division by an application under section 561A Crl. P.C. but the flamed Judges rejected it as mentioned above. Leave was granted by us to consider whether the proceedings were liable to be quashed in view of the inordinat..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
...... his tender was the highest. Even if it were the highest offer, he by that offer did not acquire any right to purchase the vessel, as his offer was not accepted by the Corporation which reserved full power to reject any offer, and no agreement was concluded with him…(12 & 16)
Cases Referred......Manager, Bangladesh Shipping Corporation and others…....Respondents
Judgment
August 24, 1987.
Words and Phrases
Inchoate right means a right that has just begun but not yet developed into maturity. Protection of inchoate right of the tender may be sought when any other tender is, acce......f is directed against the High Court Division's order in revision refusing temporary injunction upon setting aside the concurrent decision of the trial court and the appellate court which had earlier granted the same. The impugned order of the High Court Division is dated 1 July 1987 disposing of Ci..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......ion was taken in pursuance of Rule 10 the Government had revised its order as contemplated by section 4A(2). Section 21 of the General Clauses Act is available on the principle of Locus poentiac (the power of receding till a decisive step is taken). Such a power is available under section 21 of the ...... a view was taken that 44 decimals was de-requisitioned, nothing further was done and no enquiry was either held as contemplated by rule 10(2). Therefore, it cannot be said that any right had accrued to the appellant which should not be recalled. Earlier order of the Government could be modified and......l No. 14 of 1987. (From the Judgment and order dated 8.12.86 passed by the High Court Division, Dhaka Bench in Writ Petition No. 478 of 1986.) Judgment: Badrul Haider Chowdhury J.-Leave was granted to consider the question; namely, whether the order of respondent No. 5 dated 9.1.86 cancell..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... supervisory function, still mere supervisory capacity will not bring him into the category of "employer". Respondent does not exercise any functions managerial or administrative in nature. He got no power to control or to supervise the work of any other person. Nature of his work does not bring him....... 3 1987. The Employment of Labour (Standing Orders) Act, 1965 (VIII of 1965), Sections 17 and 25 The Specific Relief Act, 1877 (I of 1877), section 42 (i) Mere designation is not sufficient to indicate whether a person is a 'worker' or an 'employer', but it is the nature of the work, showi......rt that the respondent was an employee of the Corporation and was governed by its Rules; but the learned Single Judge reserved his opinion as to whether the respondent was a "worker". 5. Leave was granted by us to consider the question whether the respondent is a worker under the relevant Labour ..Category: Labour and Industrial Law | Date: | Hits: 122
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......106 When the tenancy itself which was created in favour of defendant No. 1 by the appellant's predecessor was terminated, a sub-lease in favour of defendant No. 2 by the tenant cannot be said to have subsisted. Since the basis of the right of defendant No. 2 to stay on in the suit premises i......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......ty became enemy property the defendants, the heirs of Hemnalini could not execute, kabala. It was only the Custodian who could do it inasmuch as he stepped into the shoes of the owner itself with the power of transfer available to him on and from 2.1.65 which was conferred by amendment. In Ordinance......d within a year of the agreement. Plaintiff was asking for the kabala and since the property became enemy property the defendants, the heirs of Hemnalini could not execute, kabala. It was only the Custodian who could do it inasmuch as he stepped into the shoes of the owner itself with the power of t......r properly and leave out the legitimate share of the appellant in the properties before taking possession of the shares of Indian nationals. 34. The appellant then obtained special leave which was granted by the Supreme Court of Pakistan to consider the question whether the Sub-Divisional Officer..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....t their apprehension that the impugned order would cause great inconvenience to them. 14. In the facts and circumstances of the case the High Court Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This ......for the purpose of fishing out evidence for a party to the suit. 8. Let us now turn to some other decisions. 9. In Amjad Ali V. All Hossain Johar and another, 15 C.W.N. 353, it is held that the power to direct an inspection includes the power to direct the preparation of an inventory, if the C......ohammad Mustafa Hossain and others ...................Respondents Judgement April 8, 1987. The Code of Civil Procedure, 1908 (V of 1908) Order 39, rule 7 Ordinarily a notice is to be given to the defendant before an order is passed under rule 7 of Order 39 of the Code. This is......No. 32 of 1986 (From the Judgement and order dated 20th April, 1986 passed by the High Court Division, Rangpur Bench in Civil Order No. 250 of 1986.) Judgment: M. H. Rahman J. - Leave was granted to consider whether the trial court erred in law in issuing a Commission for inspection and ..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......Vol.1, p. 595, two members of the Privy Council were asked to show under what authority of law they were continuing as Councilors though they were appointed by the King in exercise of his prerogative power. This information was sought by a private relater who alleged that the two Councillors who wer......Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result: The appeal is dismissed. (i) The Constitution of Bangladesh, 1972, Article 102 There is no room to entertain any doubt as to the maintainability of a writ petition by any citizen who questions the......t Division found the appellant disqualified not only from being elected as chairman but also from holding this office and that this disqualification was a continuing disqualification. 7. Leave was granted by us to examine the legality of the impugned decision of the High Court Division, particula..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......Mst. Asia Khatun Chowdhury..........Respondent Judgment March 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this case sig......2.) Judgment: Badrul Haider Chowdhury J. - This appeal by special leave is directed against the judgment and order of the High Court Division in Civil revision No. 116 of 1982. 2. Leave was granted to consider the question whether the defendant-appellant was entitled to protection against ..Category: Property Law | Date: | Hits: 52
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......f Tk. 3/12/-anna in 1329 B. S. Radha Prasanna Biswas and others possessed the same after settlement and thereafter exchanged the property with the plaintiff in 1356 B.S. and executed a general power of attorney in favour of plaintiff's brother Amjad Hossain. Thereafter, Amjad Hossain ex......as @ Md. Abul Kalam Basiruddin @ Abul Kalam Azad & another……………………Respondents Judgment April 5, 1987. Cases Referred to- Erfan Ali vs. Joynal Abedin Mia, 1983 BLD (AD) 342=DLR 35 (AD) 216. Lawyers Invol...... the learned Judge of the High Court Division by the impugned Judgment set aside the judgment and decree of the Lower Appellate Court and restored those of the Trial Court. 5. Leave was granted to consider the submission that the findings of fact arrived at by the lower appellate cou..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......e must be served upon this person who is allegedly in unlawful possession of the enemy property and without serving such notice the custodian is not entitled to take possession, nor would he have any power to settling the land to any person. See 28 DLR (1976) 437 (per S Ahmed J.). Even these basic n......resent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment Februa......sed out the property to defendants 3 to 5. The trial court dismissed the suit. It was affirmed by the appellate court and the High Court Division discharged the rule in revision. 4. Leave was granted to consider the question whether the suit property could be treated as enemy property in v..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......llip;………………………………………Respondents Judgment March 31, 1987. Cases Referred to- Altafur Rahman vs. Tamijur Rahman, 30 DLR (SC) 236. Erfan Ali vs. Joynal Abedin, 35 DLR ......ls on record; (iv) and that though Abdur Razzaque, the Commander of the Mukti Bahini was dead, the appellate court erroneously took exception for not examining him as a witness. 7. Leave was granted to consider whether the Learned Single Judge of the High Court Division exceeded his juris..Category: Property Law | Date: | Hits: 50
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......h decision is of the Indian Supreme Court in Municipal Council, Palai vs. T. J. Joseph, AIR 1963 SC 1561. It was held in that case: “It is undoubtedly true that the legislature can exercise the power of repeal by implication. But it is equally well-settled that there is a presumption against a......….Appellant Vs. Gazi Abdur Rashid & others.……………………………………Respondents Judgment April 5, 1987. Result: The appeal is dismissed. Cases Referred to- Municipal Council, Palai vs. T. J. Joseph, AIR 1963 SC 1561; State of Punjab vs. Sukdev Saru......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......which could be applicable was the residuary Article 181 which provides a limitation of three years for an application but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu." 4. The above observation is not......ant Vs. Md. Kobad Ali and others…. ………………………Respondents Judgment March 9, 1987 Case Referred to- Muhammad Swaleh V. Messrs United Grain & Fodder Agencies PLD 1964 (SC) 97—16 D......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..Category: Procedural Law | Date: | Hits: 102
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ...... abuse of the process of the court, then the court has got inherent jurisdiction to stay further proceedings till the dispute is adjudicated in a proper forum. The Court has also got inherent power to stay further proceedings "for ends of justice" irrespective of the fact that the......he matter was fixed for hearing on 3 September 1986. On the dated thus fixed a petition was filed by the company for dismissing the application for winding-up on the ground of bona fide dispute as to the alleged debt of the company, in the alternative, for staying all further proceedings of the ......disputed by the company but the court must see that the dispute is based on a substantial ground; if here is a genuine dispute the petition may be dismissed or staved and an injunction may be granted restraining the advertisement of the petition". 8. The learned Counsel for the..Category: Business or Commercial Law | Date: | Hits: 76
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......nemy property which has not been, and is not required by the order to be, vested in the Custodian; (d) confer and impose on the Custodian and on any other person such rights, powers, duties and liabilities as may be prescribed as respects — (i) p...... Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Priyatosh Talukdar…………………………..Appe......the suit property remains vested property'. The learned Judges of the High Court Division, however, affirmed the findings recorded by the Subordinate Judge. 7. Leave to appeal was granted by this Court on December 1984 to consider the question whether upon repeal of the En..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ...... also referred to, Cornelius CJ., though his Lordship was party to the majority judgment in favour of maintaining the acquittal by the High Court, gave categorical view that Supreme Court got power to reassess evidence and replace acquittal with conviction in the following words: ......p;………....Appellant Vs. Fazal and others………………....Respondents Judgment March 12, 1987. Cases Referred to- AIR 1917 PC 25; Siraj Din v. Kala, 16 DLR, SC 95; A.I.R 1917 P.C. 25; 16 D.L.R (SC) 94. ...... locality, but on appeal the High Court Division at Rangpur by the impugned judgement acquitted them all. Being dissatisfied with the acquittal the State has come before us in appeal on leave granted by us to consider whether the acquittal is warranted in view of the evidence and atten..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......nd who are the "existing employees" of the Corporation after the Regulations of 1979 were framed, 11. In this connection reference has been made to Articles 14 29, 30(3) and 3l (d). Article 14 empowers the Corporation to appoint officers and employees, etc. on such terms and conditions as it ......hman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. Cases Referred to- Nava Kumar vs. Radhashyam. AIR 1931 (PC) 229; United Provinces Vs. Atiqa Begum, AIR 1984 PC...... equity." 5. Respondents contested the suit by filing written statement contending, inter alia, that the suit is not maintainable and barred by estoppel, waiver and acquiescence, declaration if granted, would affect the accrued and vested legal rights of third parties. Trial Court decreed the ..Category: Employment/Service Law | Date: | Hits: 97
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......llip;.Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others……..Respondent Judgment November 9, 1986. Cases Referred to- AIR 1954 Call 208,34 DLR AD 25, AIR 1957 SC 354; AIR 1963 SC 780; Makhan Lal Chakraborty...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......ip;…………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Cases Referred to- K.M. Multani vs. Paramount Talkies AIR 1942 Bom. 241; The North Cheshire and Manchester ......trained by injunction. 8. Next case relied upon by Mr. Ishtiaq Ahmed is Hendriks vs. Montagu Ch. D (17), 638. In that case an existing company—Universal Life Assurance Society-was granted an injunction restraining the defendant from obtaining registration of another compan..Category: Intellectual Property Law | Date: | Hits: 239
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