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Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......t for approval and endorsement. Derequisition notice be issued after obtaining Government's approval." 5. As already stated, the requisition of the plots in question were made in exercise of powers conferred under Section 3 of the Requisition of Property Act, the relevant portion of which i......gment May 2, 1975. Lawyers involved: S. R. Pal, Senior Advocate, with S. C. Das, Advocate, instructed by A. Rab-II, Advocate-on- Record.—For the Appellants. Faqeer Shahabuddin Ahmed, Attorney-General instructed A. M. Khan Chowdhury, Advocate-on- Record—For the Respondents No. 1-3. ......public purpose of lands which were requisitioned for another public purpose. Thereafter the appellant filed a petition for special leave to appeal before the erstwhile Supreme Court of Pakistan which granted the leave prayed for to consider the following contentions — (a) Since the requisit..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......d by the Provisional Constitution of Bangladesh Order, 1972 and commenced functioning under President's Order No. 5 of 1972 (High Court of Bangladesh Order, 1972), clause (1) of article 6 whereof empowered the said High Court also to hear and determine proceedings that were pending in the High Cou...... Result: The petition is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. ......(3) An appeal to the Appellate Division from a judgment, decree, order or sentence '' the High Court Division in a case to which clause (2) does not apply shall he only if the Appellate Division grants leave to appeal. (4) . . . . . . . . . ” Para 7 of the Fourth Schedu..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......sets of the said firm as mentioned in the schedule of the said notification shall vest in the Additional Custodian of Enemy Property in East Pakistan. The notification was issued in exercise of the powers conferred by sub-rule (1) of the rule 122 of the Defence of Pakistan Rules revailidated and c......oudhury J Bangladesh Enemy Property Management Board and ors………….... .Appellants. Vs. Md. Abdul Majid…………..... Respondent Judgment March 27, 1975. Cases Referred to- M. M. Mansur Ali Vs. Aradendu Shekhar Chatterjee. (1959) 21 DLR (SC) 20; Daulatpur Jute Mills......o be of no legal effect. Against the aforesaid order and judgment of the High Court Division the appellant filed a petition for special leave to appeal before this Division and leave prayed for was granted to consider the questions, which will appear from our judgment. 3. The first question inv..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......referred to as the "the Constitution"). In the said application the applicant challenged the legality of the order of detention of the said A.K.M Golam Kabir made in purported exercise of powers conferred upon the Government by clause (a) of sub-section (1) of section 3 of the Special ...... by Secretary Ministry of Home Affairs.....Appellant. Vs. Ahmed Nazir………….... Respondent Judgment March 19, 1975. Cases Referred to- Sandal Singh Vs. District Magistrate and Superintendent, Dehra Dun A.I.R. 1934 (Allahaba......d duly entered appearance and filed an affidavit-in-opposition, denying the material allegations Contained in the writ petition and stating the grounds of detention. 2. Leave prayed for was granted to consider the question whether in an application filed under Article 102 (2)(b) of t..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court appoint a receiver thereof who, subject to the control of the Magistrate, shall have all the powers of a receiver appointed under the Code of Civil Procedure: Provided that, in th......al by Special Leave arises out of a judgment dated the 7th July, 1969 of a learned Single Judge of the erstwhile High Court of East Pakistan in Criminal Revision Case No. 295 of 1968 refusing to set aside an order dated 16.11.67 passed by the learned Sub-Divisional Magistrate of Madari......itional District Magistrate. The appellants thereafter filed a Petition for Special Leave to Appeal against the judgment of the High Court dated 7.7.69 and the erstwhile Supreme Court' of Pakistan granted leave to consider the question whether in view of the fact that the Sub-Divisional Officer ..Category: Criminal Law | Date: | Hits: 49
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ....... (S.C.) page 394 and Mazharul Huq Vs. Ishaque Sardar and others, reported in 14 D.L.R. (S.C.) page 251. In the former case, it was held that a Magistrate holding the preliminary enquiry has power to sift and weigh evidence only for the purpose of determining whether or not it is a fit ca......ain J M. A. Jabir J Lutfun Nahar Begum ......Appellant. Vs. The State ……….Respondent Judgment June 7, 1973. Cases Referred to: Bhubani Sahu Vs. King, LR 76 IA 147; Kashmira Singh Vs. State of Madhya Pradesh, 1952 ......ellant made an unsuccessful attempt to have the order of commitment quashed and thereafter she filed a Petition for Special leave to Appeal before the erstwhile Supreme Court of Pakistan which granted the Leave Prayed for, for consideration of the question whether the evidence on record, eve..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....ollows:— "For the foregoing reasons we have no hesitation in holding that the Collaborators Order does not give any indication of a legislative intent to deprive the High Court Division of its discretionary power to grant bail to an accused-respondent in an appeal against acquittal, be he in ......) and 12 respectively of P.O. 50. 3. The question whether a person convicted of an offence under P. O. 8 could be enlarged on bail, upon admission of his appeal by the High Court, in exercise of powers conferred under Section 426 of the Code was considered in the case of Haji Md. Akil Vs. The......Case is also Reported in: 27 DLR (AD) 16. ......tively). Judgment Muhammad Abdullah Jabir J.—These eighteen appeals, filed by the Government, arise by special leave to consider the legality of the orders passed by the High Court Division granting bail to the respondents who filed appeals thereto on being convicted of offences punishable..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......hereinafter referred to as Order No. 21) was made to provide for the constitution of Union Parishads and Paurashavas and for matters connected therewith and incidental thereto. In exercise of the power conferred by Article 24 of Order No. 22 the Government made rules known as the Union Parishad ......…….……Respondents Judgment April 17, 1974. Lawyers involved: S. R. Pal, Senior Advocate, instructed by B.C. Panday—For the Respondent No. 4. Faqueer Shahabuddin Ahmed, Attorney General instructed by Abdul Wadud Bhuiya, Assistant Attorney-General – Under Order LV rules......g declared Mr. Md. Abdullah elected as Chairman of the Union Parishad, the Returning Officer acted in accordance with the provisions of Rule 20A and as such he committed no illegality. Leave was granted with a view to examining the true meaning and scope of Rule 20A of the Rules which provide..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......to properly defend the prisoner. The High Court was also of the view that the question of preparation of a case was not solely dependent on time; it depended upon one's own mental alertness and the power of perception and conception and above all it depended upon how one applied oneself to a......; Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 38......y of maleka having been murdered by some one else could not be ruled out and that the charge of murder against the prisoner was not proved beyond reasonable doubt. 7. In this case leave was granted for the examination of the evidence for the purpose of dispensation of justice. So Mr. Rash..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......p; Case Referred to- Budhar Sardar vs. Sonaulla Mridah 18 C.W.N. 890, Kheyali Prosad vs. Mullick N. Islam 20 ......riod of one year provided for institution of a suit for pre-emption is to be counted from the date of dispossession in 1962, and the suit was filed well within time. 3. Leave was granted to examine the following questions raised by the appellants viz:— 1) Whet..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ...... 2. Appellant’s father Amrita Lal Biswas and another, Shailendra Lal Dey, filed the suit being Title Suit No. 468 of 1957 in the Third Court of Munsif, Barisal which was, on transfer to the 6th court of Munsif, Barisal, renumbered as Title Suite No. 71 of 1961, against the responde......shy;ing the plaintiffs' title and possession and contending that the Kol-karsha was in existence from 1938, that it was created by the rightful owner of the Karsha, namely, Jalada Sundari, by granting a registered Dakhila dated September 20, 1938 on her behalf as well as on behalf of her ot..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ...... and thereby dismissing the plaintiff-appellants' partition suit being Title Suit No. 30 of 1958 of the Court of Subordinate Judge, Dacca. 2. The suit land as described in the schedule to the plaint belonged to one Mungro Mali from whom Sachindra Nath Bose, father of the plaintiffs, ......g no community of interests with defendant No. 2 who was in possession of the land the suit for partition was not maintainable without a declaration of their title. 5. Leave was granted to consider whether the High Court Division was well founded in law in holding that th..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......to the 4th column of the second schedule "for causing the accused to be brought or to appear at a certain time before such Magistrate". It will be noticed that section 202 gives the power for postponement of issue of process for the purpose of ascertaining the truth or falsehood o....... Appellant Vs. Ameaur Rashid Chowdhury…………………Respondent Judgment September 3, 1980. Cases Referred to- Kimber vs. The Press Association Limited 1 QB.(l&93) 1 Q.B. 65; Voni Madho Prosad Si......ivileged. Facts show that an application for the issue of the summons for perjury was made before three Justices by counsel ex parte, and without any evidence being given on oath. The Justices granted a summons for perjury against the plaintiff, but dismissed it on the hearing, On behalf of ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......led an application under section 24 of the Non-Agricultural Tenancy Act in the Third Court of the Sub-ordinate Judge Dacca. His case was that the 'A schedule property originally belonged to one Samru Goala in whose name C.S. record stood on February 28, 1927. The property was....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......doned concern, though under the same management. Mr. Islam, the learned Counsel, however, urged that the order of removal could be passed under article 8(2) (8) of P.O. 16 but the power of removal under this article is that of the Government and not of the Administrator, Mr. Isl......r in the Tabani Beverage Co. Ltd which under Article 5 of President's Order No, 16 of 1972, hereinafter called P.O. 16, was placed under the appellant Bangladesh Freedom Fighters Welfare Trust statutory body set up under the provisions of President's Order No. 94 of 1972.The respondent was employ......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ...... Properties (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972). (c) The Bangladesh Oil and Gas-Corporation also known as "Petro-Bangla" in exercise of the powers vested in it by section 8 2) of Petroleum Act, 1974(Act No. LXIX of 1974) established ......lip;………………………………………………..Appellant. Vs. Registrar of Joint Stock Companies, Dacca…………………. Respondents Ju...... Division in Company Matter No. 10 of 1979.) Judgment: Badrul Haider Chowdhury J.- Leave was granted to consider whether Jamuna Oil Company Ltd., a private limited company incorporat..Category: Business or Commercial Law | Date: | Hits: 107
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ...... of guarantee. The trial Court rejected the plaint under Order 7 rule 11 of the Code of Civil Procedure holding that the plaintiff has no cause of action and the Court had no pecuniary jurisdiction to try the suit. On appeal the appellate Court below dismissed the appeal and affirmed the judgment......for restraining the appellant from making demand on respondent 2 to encase the letter of guarantee and restraining respondent 2 also from honoring the said letter of guarantee. This prayer was granted by the High Court Division while the second appeal is still pending for disposal. Le..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......rticle 102 begins by saying that the High Court Division may give such direction or orders to any person or authority. The Counsel appearing for the respondents pointed out that the constitutional power is necessitated because the constitution says "as may be appropriate" for enforceme......ection which is as follows:— "In this connection it may be further mentioned that in view of the setting aside the impugned order the petitioner though considered to remain in service shall be treated as on extraordinary leave without any pay from the date...... order that is on 20-11-75 till his rejoining in service of the Water Development Board, when such Board may again pass a necessary regular order as mentioned therein." Leave was granted to consider whether the direction set out above is beyond the writ jurisdiction of the High..Category: Employment/Service Law | Date: | Hits: 101
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ...... Judgment January 14, 1981. Result: The appeal is allowed. The Succession Act, 1925 (39 of 1925), section 283 In a proceeding for the probate of a Will what the court is required to see is whether the Will is duly executed and if there is evidence to this effect the court will......39 of 1925), section 283 In a proceeding for the probate of a Will what the court is required to see is whether the Will is duly executed and if there is evidence to this effect the court will grant the probate. It is not the concern of the probate court to decide whether the testator had tit..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ment of mutuality ;(iii) when a law was not ex facie discriminatory, the party challenging its constitutionality must show that it had been administered in an unjust, discriminatory manner; (iv) discretionary power was not necessarily discriminatory and abuse of discretion was not to be easily ......d on June 5, 1980 by Prof. M.A. Haleem, Additional Secretary-in-charge, Ministry of Health and population Control retiring him from service with immediate effect. The notice was served in exercise of powers conferred by sub-section (2) of section 9 of the Public Servants (Retirement) Act, 1974 (Ac......inistry of Health and Population Control and others…………………………………………Respondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Shamlal vs. State of Uttar Pradesh AIR 1954 S.C. 369; Jibendra Kishore Acharyya vs. Govt. of......nment and by notifications issued on January 1, 1972 and November 12, 1972 the appellant was appointed Director and Professor of Medicine of the Institute with effect from 19.1.71. The Government granted the appellant ad hoc rank and status of Joint Secretary in 1974 and in 1975 he was given the..Category: Employment/Service Law | Date: | Hits: 180
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