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SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......lar circumstances wherein also the contractor protested against the refusal of the Executive Engineer to pay in respect of item Nos. 2 and 3. In this letter the Project Director in exercise of his powers under clause 25 of the terms and conditions of the contract, ordered that the contractor in ......llant Vs. EPWAPDA.............................Respondent Judgment August 26th, 1970. Cases Referred to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta J...... the Project Director., who was the Superintending Engineer of the circle from another Contractor named M/s. Serajul Huq and Brothers. The Project Director heard the dispute of both the parties and granted an award under clause 25 of the terms and conditions of the contract in favour of Serajul ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......at Narail, for setting aside the said compromise decree in the said Rent Suit No. 602 of 1962 of that Court, alleging, inter alia, that she neither filed the said rent suit, nor did she execute any power in favour of Mr. Ataur Rahman engaging him as her pleader. She further alleged that there was...... Khan J Mofazzal Molla and another..........Petitioner Vs. Parul Bala Debi and others. ...........Opposite Party Judgment June 25, 1970. Cases Referred to: Akina Bibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 P......mpromise decree. They further alleged that the properties which were the subject matter of the said rent suit were settled with them in 1359 BS by Raj Kumar Banerjee, the father of Parul Bala, who granted dakhilas on receipt of rents. According to them, after the death of Raj Kumar Banerjee, Par..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......g in the bus with the appellant accused without raising any protest. The defence has produced a kabinnama, Ext. A to show that Sharifunnessa had divorced her husband Abul Hossain in exercise of the power of talak-e-tawfiz given to her by the husband as embodied in the Kabinnama, Ext. A. The lear......p; Vs State………………………..Respondent Judgment August 13th, 1970. Cases Referred to: Lai vs. The Crown (1954) 6 DLR (FC) 38; PLD 1954 (FC) 95; State vs. Umed Ali (1963) 15 ......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......t No. 67 of 1958 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises on establishment of their title in the same and also for declaration to the effect that the kabuliyat dated 6.9.46 in the name of the defendant No. 1 Mvi Serajul Haq Mu......e case of the plaintiffs may be stated as follows: The bhiti land as described in schedule 'Ka' to the plaint along with some other lands originally belonged to Fatema Khatun Chowdhury who granted a lease in respect of the same in favour of the defendant Nos. 3 and 4 and one Osman Ghani ..Category: Property Law | Date: | Hits: 69
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......bsp; Siddiky CJ: This is an application under Article 98 of the late Constitution of Pakistan by one Shuk Deb on behalf of Sree Lakshmi Narayan Jiu Thakur challenging an order of the Assistant Custodian, Enemy Property (Lands and Buildings) Dacca dated 19.8.67 asking him to vacate No. 3 Harish ......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......bsp; Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th, 1970. Cases Referred to- Raja Mia and others vs Sunity Bhusan Sen in 55 CWN (3 DLR) 155; Kalikesh Biswas and oth...... suit for ejectment by the purchaser at the revenue sale or by the person taking settlement from him is a sufficient notice of the intention to annul the encumbrances, and that overt acts such as, granting lease of the taluk to other persons by the revenue auction-purchaser, also indicate his in..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......Mr. Mujibur Rahman, APP did not get the necessary papers in time. Besides, the question of preparation of a case is not solely dependent on time. It depends upon one's own mental alertness and the power of perception and conception. Above all, it depends upon how one applies one's self to a case...... Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in ......g capital punishment, the Sessions Court should afford all facilities to the lawyer holding the dock-brief so that he can prepare the case and properly defend his client. The Sessions Court should grant, if asked for, reasonable time in his discretion and should see that the lawyer is supplied w..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..................... Defendant-Appellant Vs. Hedayet Ahmed Chowdhury and others................. Respondents Judgment July 14, 1970. Result: The appeal is dismissed. Cases Referred to- Surendra Kumar Sen Choudhury vs. Sreemati Chandra Tara Nath and others 34 CWN 1063; Badaya Na......sputed property and Baker Ali after his death, his heirs and ultimately the defendant No. 2 continued to possess the suit property and accordingly the Mutawalli of the Wakf Estate had no authority to grant any lease in favour of the plaintiffs. It was further pointed out that the Wakf Estate did not..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ...... which the jurisdiction of the court itself depends, the court has either usurped a jurisdiction it does not possess or refused to exercise a jurisdiction vested in it, the High Court has every power under Article 98 to review such a decision". 14. In that case the Guardian ju......epresented by Secretary, Law (Judl) Department, Registration Branch, Eden Building, Dacca and others ............Respondents Judgment January 28th, 1971. Cases Referred to- Chittaranjan Sutar vs. Secretary, Judicial Dept. 17 DLR 451, Malik Khizar Hayat Khan Tiw......her pointed out that the respondent No. 2 acted rightly in not taking further action in the matter when subsequent prayer for registration was made after the Civil Suit was disposed of refusing to grant any relief to the petitioner. The refusal was contended to be justified and valid. 6. ..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ......led vessel shall submit them to the Provincial Government for approval. (3) The Provincial Government may, by notification in the official Gazette, appoint any person or authority to exercise the powers under this section." 6. The Provincial Government has published the following Notificatio...... Kemaluddin Hossain J.- The petitioner, Pak Waterways a registered partnership firm has challenged the order 7 of 11.1.69 of the East Pakistan Inland Water Transport Authority, hereinafter referred to as IWTA, in the matter of granting time-table. 2. The facts relevant to this writ petition, as...... petitioner, Pak Waterways a registered partnership firm has challenged the order 7 of 11.1.69 of the East Pakistan Inland Water Transport Authority, hereinafter referred to as IWTA, in the matter of granting time-table. 2. The facts relevant to this writ petition, as appear from the affidavits o..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......No 127 of 1972) which did not contain any such provision. 4. By a notification in the official gazette on 28-5-95 the Bangladesh Bank in consultation with the Government in exercise of its power under section 48 of the Arthik Protisthan Ain, 1993 declared generally and without specifying...... Financial Institution Act, 1993 (XXVII of 1993), Section 3 The Constitution of Bangladesh, 1972, Article 27 The embargo on banks, insurance companies and other financial institutions to nominate its directors on the Board of a financial institution is based on a reasonable classif......know of the impugned notification dated 23-10-96 issued by respondent No. 1 Bangladesh Bank under the signature of respondent No. 3-Deputy Governor thereof revoking the notification dated 28-5-95 granting the directors nominated by banks, insurance companies and other financial institutions exe..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......e in the Board of Director of Petitioner No. 1 by letter dated 13-3-96 (Annexure-F), it cannot be unilateral action withdraw the exemption of section 25(3) and thereby unseat them as directors. The power of granting exemption does not carry with it the power of withdrawal. 10. Dr. Rafiqur...... 1999. The Financial Institution Act, 1993 (XXVII of 1993), Section 48 i) Section 25(3) is not a provision which is concerned with the individual or representative character of a director. Petitioner Nos. 2 and 5 may be the nominee-directors of Appollo Steel Mills Ltd in the Board o......Board of Director of Petitioner No. 1 by letter dated 13-3-96 (Annexure-F), it cannot be unilateral action withdraw the exemption of section 25(3) and thereby unseat them as directors. The power of granting exemption does not carry with it the power of withdrawal. 10. Dr. Rafiqur Rahman, ..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......nces the plaintiffs have established a case of possession but not of title. When they are in possession claiming raiyati settlement they cannot set up adverse possession either. They are not entitled to a declaration of title…….(5) Lawyers Involved: Dr. M. Zahir, Senior Advocate, instruc......defendant No.2 did not contest the suit. Defendant No.1 claimed ownership of the suit land and stated that the plaintiffs in order to grab the suit land created some documents. Defendant No.1 did not grant any settlement of the suit land to Noor Hossain in whose name the RS Khatian was wrongly prepa..Category: Tenancy Law | Date: | Hits: 82
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221................................................ (5) Where the Sangstha takes over the management and administration of an industrial concern under clause (1) or transfers any property in exercise of its powers of sale or realisation under that clause, such taking over or transfer shall not be called in...... The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed fall within the clear mischief of Article 34(5) (a)(i) & (ii) it will be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for not enterta......he suit will be dismissed. We do not find any error in the impugned order whereby the learned Subordinate Judge refused to reject the plaint at the instance of the defendant BSRS.” 7. Leave was granted to consider the submission of the appellant that when taking over of management and sale of ..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... 2. The pillar of the writ petitioner respondent’s writ petition was founded upon Article 116 of the Constitution which runs as follows: “116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judici......d others………………..Respondents Judgment June 16, 1999. The Constitution of Bangladesh, 1972, Articles 102 & 116 (i) When a declaratory judgment is passed by a Court it is usually retrospective in nature, unless otherwise indicate......itioner respondent’s writ petition was founded upon Article 116 of the Constitution which runs as follows: “116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercis..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......e process of the Court and, as such, the proceeding ought to have been quashed. 6. It is now well-settled that the High Court Division of the Supreme Court has the inherent power to pass any necessary order to prevent abuse of process of any Court or otherwise to secure t......s Judgment December 6, 1998. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A When the Civil Court is in seisin of the matter it could very well investigate into the same with regard to its own order but it cannot direct the complaint to file the petition o......tion under section 561A of the Code of Criminal Procedure for quashing of proceeding is premature. The High Court Division did not at all enter into the merit of the petition. 5. Leave was granted to consider the following submissions of the learned Advocate for the accused-appellants: ..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......sents the deity and he alone is competent to institute a suit in the name of the deity. In exceptional circumstances, however, where the shebait does not, or by his own act deprives himself of the power of representing the deity, a third party is competent to institute a suit in the name of the ......rs …………………Respondents Judgment May 5, 1999. Hindu Law In the prevailing circumstance most of the shebaits are not available due to death or leaving the country and most of whom available are dormant and not been taking any int......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..Category: Family Law | Date: | Hits: 156
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......9. The Muslim Marriages and Divorce (Registration) Rules, 1975, Rule 10 The Muslim Marriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or otherwise alter the limits of any area for whi...... The Muslim Marriages and Divorce (Registration) Rules, 1975, Rule 10 The Muslim Marriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or otherwise alter the limits of any area for which a N......ded on 1-12-1982 by way of amendment and the section now runs as follows “4. Nikah Registrars.—For the purpose of Registration of marriages under this Act, the Government shall grant licences to such number, of persons, to be called Nikah Registrars, as it may deem necessary ..Category: Employment/Service Law | Date: | Hits: 69
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......ip;…………... Respondent Judgment June 6, 1999. The Constitution of Bangladesh, 1972 Article 134 (i) As malafide vitiates every exercise of power, a malafide exercise of pleasure by the President under Article 134 of the Constitution can b......p;…(8) Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate -on -Record — For the Petitioner. Mahmudul Islam, Attorney General, (Bazlur Rahman Chhana, Assistant Attorney General with him), instructed by Md. Nawa......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ..Category: Employment/Service Law | Date: | Hits: 89
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ......financial benefit as a matter of right for the period of dismissal after reinstatement as per order of the Tribunal the petitioners conduct not being found proper during the period of service prior to dismissal…………………………(3) ......issal from service before the Administrative Tribunal, Bogra in Administrative Tribunal Case No. 3 of 1992. The case was allowed in part on 16-6-93 reinstating the petitioner in his service without granting any financial benefits. This order of the Administrative Tribunal, Bogra was upheld by the..Category: Administrative Law | Date: | Hits: 144
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