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Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ...... it was assumed that prior to the cancellation re-allotment of the land had been made by the Government. The learned Judges were of the view that had there been any violation of the statutory powers apart from that derived from the lease the writ petition would have been maintainable, but s...... Lawyers Involved: Rafique-ul-Huq, Senior Advocate, with T. Islam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Appellants. Abdus Sobhan, Additional Attorney-General, with Motiur Rahman, Asstt. Attorney-General, instructed by A. W. Mallick, Advocate-......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......nd accordingly the tax was demanded and duly paid by the respondent. 6. It was also contended that the appellant rightly reassessed and levied tax under rule 10 of the said Rules, which empower the appellant to do so and that the assessment proceeding for the years 1957-58 to 1962-63 w......astern Ltd. …………………………………………...Respondents Judgment January 22, 1981. Result: The appeal is dismissed. Lawyers Involved Abdus Sobhan Additional Attorney General, Matiur Rahman, Assistant Attorney General with him, instructed by B. Hossain, Advoca......ent Chowdhury A.T.M. Masud J.-This appeal by special leave arises out of a judgment of a Bench of the High Court Division in Writ Petition No. 222 of 1973 dated 1st September, 1977. Leave was granted for examining the question as to whether the provisions of the Urban Immovable Property Tax ..Category: Fiscal/Taxation Law | Date: | Hits: 76
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......n abandoned property and had vested in the Government under P.O. 16 of 1972. The Bangladesh Tea Board was constituted under Ordinance No. XXXVII of 1977. The Tea Board in exercise of its power had set up Bangladesh Tea Industry Management Committee. The respondent is an employee a......ave is directed against the judgment and order of the High Court Division in Writ Petition No. 400 of 1978. 2. Respondent F. H. Chowdhury challenged the order of transfer of his service to M/S. United Planters and Traders Ltd. His case was that he was appointed as Assistant Manager un......y;sion took the view that the service of the respondent F. H. Chowdhury could not be transferred to M/s. United Planters and Traders Limited and accordingly made the Rule absolute. Leave was granted to consider whether the decision of the High Court Division that the service of the respon..Category: Employment/Service Law | Date: | Hits: 92
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......as supported the reasoning of the High Court Division A reference to section 10(1) of the Bangladesh Abandoned Property (Control, Management and Disposal Order) 1972 reveals that the Government has power to cancel any allotment or terminate any lease or amend the terms of any lease or agreement un......ition No. 575 of 1977) Judgment: K. Hossain CJ.—In this appeal Zahirul Huq is the appellant and the matter arises out of writ petition brought by Enamul Huq and another and their prayer was to declare the order of Additional Deputy Commissioner (Rev) Dinajpur dated 5-1-77 directing to hand......ent or terminate any lease or amend the terms of any lease or agreement under which any abandoned property is held, occupied or managed by a person, where, such allotment, lease or agreement has been granted or entered into after the 25th day of March, 1971, and on such termination or cancellation, ..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......e of the President's Order No. 26 of 1972. Article 7 of the said President's Order reads as follows: "7. (1) The undertaking of each existing bank shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances reserve fu......ent Badrul Haider Chowdhury J.—This appeal by special leave is directed against the judgment of the High Court Division in Writ Petition No. 397 of 1978, directing the appellant Sonali Bank to pay the respondent a sum of Tk. 46,500/00 within one month from the receipt of the order. 2. ......t. In this view of the matter, the rule was made absolute so far, as the Sonali Bank is concerned but it was discharged against the Bangladesh Bank and the Government of Bangladesh. 3. Leave was granted to consider whether the Sonali Bank became a debtor in respect of the released amount and wh..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......managerial or administrative capacity; or (ii) Who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of managerial or administrative nature. 16. As th...... M.S. James Finlay & Co. Ltd. and anr... …………….Respondents (in C.A Nos. 46 & 47 of 1978) Judgment January 9. 1980. Cases Referred to- General Manager, Hotel Inter-Continental Vs. Chairman, Second Lab-P65our C......bsp; fact of the record. 6. In Civil Appeal Nos. 26 and 27 of 1978, the company, James Finlay & Co. Ltd. which is the appellant, raised the following point upon which leave was granted by this Court: "Whether the High Court after holding that the application..Category: Labour and Industrial Law | Date: | Hits: 91
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......wyers Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Crimina......dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has surrendered pursuant to the Warrant of arrest issued against him and been granted bail by the Sessions Judge, Dhaka. 2. He filed an application under section 561A of ..Category: Criminal Law | Date: | Hits: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......f fitness under section 110 of the Code of Civil Procedure from the High Court Since this was not done, the appeal before the Judicial Committee of State was not competent and this Court has now no power to grant special leave to appeal, as the High Court of Baghdad-ul-Jadid is not and never was o......3) 104. ...... under section 110 of the Code of Civil Procedure from the High Court Since this was not done, the appeal before the Judicial Committee of State was not competent and this Court has now no power to grant special leave to appeal, as the High Court of Baghdad-ul-Jadid is not and never was one of the..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......3. The aforesaid notification No. 2742-G.A., dated 29-5-59 containing the retirement order is set down below:— Notification No. 1742-G. A., dated the 29th May, 1959. In exercise of the powers conferred on him by sub-clause (b) of clause (5) of Article 6 of the Laws (Continuance in F......legality of such order passed by the appointing authority in view of the concluding words of clause (5) of Article 6 of the Laws (Continuance in Force) Order 1958…………..(20) Cases Referred to: Zafar-ul-Ahsan Vs. Republic of Pakistan, (1960) 12 DLR (SC) 9; Govt. of East Pakistan Vs. Mur...... modified the earlier order contained in the notification dated the 29th May, 1959. By this subsequent notification the order of retirement was made operative with effect from the 30th November, 1959 granting the plaintiff certain retirement benefits in the shape of leave with pay for the period f..Category: Administrative Law | Date: | Hits: 106
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ...... December 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under clause 12(1) of the Standing Order the employer is empowered to terminate the employment of a permanent worker by giving him notice or pay in lieu thereo......r 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under clause 12(1) of the Standing Order the employer is empowered to terminate the employment of a permanent worker by giving him notice or pay in lieu thereof and wi......lause 12 of the Standing Orders. 4. The appellant preferred an appeal, before the High Court which dismissed the same after holding the impugned order to be malafide. Special Leave to appeal was granted to consider whether clause 12(1) of the Ordinance confers a prerogative on the employer to t..Category: Labour and Industrial Law | Date: | Hits: 107
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......, by his conduct, given up the case against the insurer and, therefore, he could not be permitted now to re-assort that claim. As long as that decree stood, the executing court, it was said, bad no power to go behind the decree. 16. On appeal a Division Bench of the High Court of East Pakistan......In Civil Appeal No. 73-D of 1966.) Vs. Mvi Mohammad Mokhlesur Rahman and others....................................Respondents Judgment June 16, 1969. The Motor Vehicles Act, 1939, section 6 In case of fatal accident caused by a motor vehicle Insur......robability that the child would in future earn and contribute to the family. The High Court was further of the view that under the Fatal Accidents Act loss of service could also be a ground for granting compensation. 11. As regards the method of computation of damages the High Court while ..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ........Appellant. vs. 1. Sanaullah, 2. The State........................... Respondents Judgment February 15, 1971. The Constitution of Pakistan, 1962 Any decision of the Supreme Court to the extent it decides a question of law or enunciates principle of law is binding on all other co......The delay cannot, therefore, be exclusively attributed to the prosecution. In view of the fact that the petitioner's name was definitely mentioned as one of the assailants, I am not inclined to grant bail to him at this stage. The learned Magistrate is directed to proceed with the case expedi..Category: Criminal Law | Date: | Hits: 96
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......r Sarki..............................Respondent Judgment September 2, 1970. The West Pakistan (Control of Goondas) Ordinance, 1959, section 18 The power of the appellate authority (the Commissioner in the present case) to suspend the operation of ......eptember 2, 1970. The West Pakistan (Control of Goondas) Ordinance, 1959, section 18 The power of the appellate authority (the Commissioner in the present case) to suspend the operation of an order passed by the Tribunal pending hearing of the appeal is ancilla......h he filed an appeal under section 18 to the Commissioner Khairpur Division. Simultaneously he applied for interim stay of the order of the Tribunal, but the Commissioner expressed his inability to grant the relief in the view that under section 18 of the Ordinance he was not possessed of the powe..Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......he said Act where a tenure or holding is sold in execution for a decree for arrears due in respect thereof, the purchaser shall take subject to the interests defined as protected interests but with power to annul the interests defined as encumbrances. Section 167 prescribes the procedure to be a......he Act for realization of municipal tax purchases the property free from all encumbrances. If there is a valid mortgage subsisting at the time of the sale the purchaser purchases the property subject to that mortgage and the right of the mortgagee to put the property to sale for the realization of d......ted on that date a demand promissory note for the sum of Rs. 25000/- as further security. The respondent No. 3, Mohammad Islam, who is brother of respondent No. 1, stood surety for defendant No.1 and granted repayment of the outstanding dues on the above overdraft account by executing a registered..Category: Banking Law | Date: | Hits: 230
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ......ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ......ip Act, 1935 Mere grant of Migration Certificate did not confer Indian citizenship on the respondents under the Indian Citizenship Act nor did they lose their Pakistan citizenship by their entry into India on the basis of such certificate for a very short period to secure their lives with no inte.............................................. Respondents Judgment November 28, 1970. The Pakistan Citizenship Act, 1951, sections 7, 13, 14, 16 and 34 The Indian Citizenship Act, 1935 Mere grant of Migration Certificate did not confer Indian citizenship on the respondents under the Indian..Category: Criminal Law | Date: | Hits: 59
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......tration Rules CC (with Note to the parties)." 19. It thus appears that the appellant made request for Arbitration on 28.10.1987 and the respondent Nos. 1 and 2 filed power and on 15.4.88 answered to the above request together with a request for conciliation. Then o......hul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respondents Judgment June 2......espondent No. 3, and in view of the above it can not be said that the respondent No. 3 was given opportunity to contest in the arbitration proceeding before the ICC at Paris. 5. Leave was granted to consider whether the High Court Division committed error in holding that even after fili..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ...... Adverse possession Uninterrupted adverse and hostile possession of the plaintiff over a period of twelve years, the period prior to alleged declaration of the property as the enemy property, the plaintiff has acquired title by ...... enemy property is illegal and inoperative. 3. The appellant instituted the Suit stating, inter alia, that the suit land originally belonged to one Raj Lakshmi Devi, who granted settlement by a registered patta dated 29-4-1903 to one Mohesh Chandra Bhattacharjee; that ..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ......ary or otherwise, to decide the issue. 11. In the case of Ghaznavi vs. Allahabad Bank Ltd. AIR 1917 Calcutta 44, a full Bench of the Calcutta High Court observed that the power to remand to the Courts below is not limited to cases covered by Order XLI rule 23 of the Cou......p; April 8, 2002. The Code of Civil Procedure, 1908 (V of 1908), Section 107 & Order XLI rule 27 In order to decide material issue concerned in the suit that the order of remand was warranted in the facts ......e the circumstances as they were at the time when the appeal was being decided and a judgment in rem having been passed in favour of the appellants it was necessary to take that additional fact of grant of probate which had supervened since the decision under appeal was given, so as to remove th..Category: Fiscal/Taxation Law | Date: | Hits: 122
....eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ......er of the Divorce Suit No. 1 of 1998.
7. The unfortunate part of the matter is that the learned Judges of the High Court Division being totally unmindful of their legal limit while exercising the power of confirmation of the decree of dissolution of marriage passed by the District Court upon bei......High Court Division is expunged.
The Constitution of Bangladesh, 1972, Article 41
i) It is in no way desirable for the higher court, whose decision has binding effect on the courts subordinate to it, to embark on a matter which is totally unconnected with the subject matter before it. (7)
......mentioned judgment "We recommend that a Unified Marriage and Divorce Act for all the citizens should be enacted by the Parliament keeping in pace with the modem time''.
2. In our view, instead of granting leave to appeal, petitioner’s anxiety reflected in the leave petition will be attended be..
Category: Family Law | Date: | Hits: 192
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......ay if it considers expedient so to do retire from service an employee at any time after he has completed 25 years of service without assigning any reason……(25) (ii) When Managing Director has power and authority to pass an order of retirement approval of the Board of Directors is not at all ......ct, 1974 (XII of 1974) , Section 9(2) The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 11A(2) (i) From the above regulation it appears that an employee may opt to retire from service after completion of 25 years of service by giving 30 day’s prior notice. Si...... 1998 it was found that impugned order of retirement was passed by the Managing Director without prior approval of the Board of Directors of Biman and, as such, without jurisdiction. 17. Leave was granted to consider the following submissions: 18. That the High Court Division gratuitously decl..Category: Employment/Service Law | Date: | Hits: 186
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