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Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pubali Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991. Cases Referred to- ...... of the order complained of an order of injunction does not arise in sucha case. The Labour Court in such a case acts purely as a statutory Tribunal with all the trappings of a Court, but not a Court proper. 24. Similarly, when the Labour Court decides an individual complaint from a worker under ......termining an industrial dispute, all the powers of a civil Court under the Civil Procedure Code but only such of them as may be described as procedural, i.e. such as are required "for the purpose" of adjudication and determination. Now, it is clearly not necessary in order to be able to adjudicate o..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....urt which passes the sentence and for obvious reasons, because the records of the case are in that court which provide the basis for execution and further the executed warrant makes the said record complete. Section 400 Cr.P.C. provides thus: 400. When a sentence has been fully execu...... Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents &n......the warrant of the District magistrate of the area in which the persons under sentence may be found, as if the sentence were passed by him; (m) every sentence of fine or confiscation of property passed in any case at any time before the commencing day by a Special Martial Law Court o......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ...... Ed. ......rts have given cogent reasons for non‑appearance of the defendants and found them to be sufficient, if not by express words, but by necessary implication. Since the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, ......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......1. ...... tenant also includes a person continuing in possession after the termination of the tenancy. Right in such tenancy is ordinarily heritable, though this right is limited “to enjoy” and occupy the property only and the tenant is liable to be ejected. A tenancy from month to month is a lease as co......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....re entitled to invoke the Labour Statutes against disciplinary actions taken against them 4. Mr. T.H. Khan learned Counsel for the appellant submitted that the Cooperative Societies Act, 1940 is a complete Cede by it self and the provisions of the Act and the Rules made thereunder go to show tha...... The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May 5, 1976. Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N. 405. Lawyers Involved: T. H. Khan, Senior Advocate with Mahbubu......was served upon him on 2nd December, 1968 directing him to hand over the charge of his office to the Assistant Accountant and was placed under suspension from 7th December, 1968 pending drawing up proper proceeding. Charge-sheet was submitted against him on 21st January, 1969 with a direction to......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....iminal Revision Case Nos. 413 and 454 of 1966 in which the identical question of law was involved. Thereafter he began making his submission before the court but unfortunately he was not allowed to complete his argument and under compelling circumstances he left the court. It was denied that the ......rul Islam........... Appellant Vs. The Hon'ble Judges of the High Court Division (Sc) of Bangladesh and Govt. of Bangladesh …… ….Respondents Judgment &nbs......bers of the Bar. Needless to say that the advocates are officers of the court to maintain a standard of conduct by them for the cordial relations between the Bench and the Bar is indispensable for proper administration of justice. An advocate being an officer of the court should not hesitate to ......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....t the two offences are distinct and separate. One of the essential ingredients of offence under section 457 P.C. is the intention to commit theft, and not actual commission of theft. The offence is complete when the lurking house trespass by night is committed with the intention to commit theft....... the Appellant. M.A. Rouf, Senior Advocate, instructed by A.W. Mallick, Advocate-on-Record—For the Respondent. Criminal Appeal No. 23 of 1974. (From judgment and order dated the 9th February, 1970 passed by the High Court, in Criminal Revision No. 149 of 19......the point. The Patna High Court following some old Calcutta decisions has taken the view, that an accused person cannot be convicted and sentenced under both ss. 457 and 380 of the Penal Code. The proper course is to convict the accused only under section 457 P.C. when charges are under both sec......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......as to costs in this appeal. Ed. ......ourt to appeal against the aforesaid order to consider: "Whether, having regard to all the facts and circumstances of the case, the learned Judges exercised their discretion in a judicial and proper manner." 4. It is an accepted rule of judicial procedure in this country t......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....t was incompetent. 6. On the merits of the appeal the learned Judge of the High Court has held that the sum and substance of the plaintiff's case is that after the acquisition had been completed, the plaintiffs obtained licence to remain on the land and raised structure thereon with ...... Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Dacca Improvement Trust…………….Appellant. Vs. Waliullah and others……………....Respondents Judgment January ...... and also for an injunction restraining the appellant and others from enforcing the requisition and/or acquisition and disturbing thereby the possession of Respondents No. 1 and 2 in the property in suit. 3. After the service of the notices of the suit the appellant, namely, Dac...... 9. Mr. Shamsul Huq Chowdhury, learned Counsel appearing for the appellant, has contended that the case as made out in the plaint being substantially for a declaration which, required an adjudication as to the legality of the requisition and acquisition proceedings initiated under the ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141....... Case is also Reported in: 28 DLR (AD) 141.......sessee: Provided that if no method of accounting has been regularly employed or if the method employed is such that in the opinion of the income-tax Officer the incomes profits and gains cannot properly be deduced therefrom, then the computation shall be made upon such basis and in such mann......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ....... 14, 1976. Cases Referred to: Messers Octavius Steel Company Ltd. Vs. The Commissioner of Income-tax, Dacca reported in 12 DLR (SC) 121 same case in PLD 1960 SC 371; Octavious Steel and Company Ltd. Vs. The Commissioner of Income-tax, Dacca, 12 DLR (SC) 121 same case PLD 160 SC 3...... Pakistan, now Bangladesh. In accordance with the terms of the agreement the appellant was vested with the power of general management of the managed Company's business transactions as well as property affairs in consideration of a commission at the rate of 2 ½ % of the gross pro......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ...... Present: Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Abul Hossain & ors………...Petitioners. Vs. The State and anr………...Respondents. Judgment April 6, 1976. Lawyer......ion, on a close examination of the question as regards the bona fide claim of right of the accused-petitioners, found against them. It was held that the principle of a bona fide claim of right as a proper defence to the charge under section 379 of the Penal Code was wrongly applied in the instan......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......d. This Case is also Reported in: 28 DLR (AD) 120. ......ial Area. M/S. A. T. J. Industries Ltd. 158, Tejgaon, Industrial Area, Dacca......" Representation was made to the Government for the release of the Company as it cannot be treated an abandoned property because all the shareholders were Bangladeshi nationals. The Government was pleased to rele......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......Supreme Court Appellate Division (Civil) Present: AM Sayem CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Ne......e as she was not a party to the pre-emption proceeding and (ii) that in the absence of a finding that Respondent No. 1 Ashrafun Nessa was claiming in good faith to be in possession of the property on her own account, the execution case should not have been dismissed. Leave was granted ...... decree but as it arises out of a proceeding not being a suit, it does not amount to a decree. There, is no doubt, however, that an order allowing pre-emption under section 96 of the Act is an adjudication finally determining the rights of the parties as to the claim of preemption and ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ...... Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ...... Second Appeal, setting aside an appellate judgment of reversal and dismissing a suit brought by the appellant for declaration of title and recovery of possession. 2. Plaintiff's case is that the property in suit which is a residential house in the city of Dacca originally belonged to one Priya ......of the trial court. There should have been in that event a fresh decision by the said court of appeal below, and for the said purpose the case should have been remanded, to the said Court for a fresh adjudication of the appeal but if the learned Judges were so minded as to dispose of the appeal them..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....he suit land with the wakf schedule has been established with reference to current revenue survey plots. For the purpose of passing an executable decree the pleader commissioner's report is a complete answer. The wakf is neither hit by the doctrine of Mushaa, nor the land of the wakfnama is......Civil) Present: Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Mozaffar Ahmed………...Appellant. Vs. Md. Osman and anr.........Respondents. Judgment &......ed by Mokhlesur Rahman and that it was for purposes for which Wakf could be made but it was of the view that the Wakf was never acted upon, as Mokhlesur Rahman continued to deal with the property as if it was his personal property. In any event, the properties, which were sought to be ...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ...... also Reported In: 28 DLR (AD) (1976) 65. ......n which appellants are Defendants No. 6 and 7. 2. Respondents No. 1 to 8 instituted Partition Suit No. 90 of 1965 in the Court of Subordinate Judge, Dinajpur on 13. 8. 65 for partition of the properties described in the schedule to the plaint. It has been alleged in the plaint that the dis......f a receiver is a kind of interim measure, very often taken recourse to in a suit by way of an interlocutory proceeding, for keeping certain property in the possession of the Court, pending the final adjudication of a certain dispute in the suit, so that the benefit accruing from the said adjudicati..Category: Property Law | Date: | Hits: 93
....an and his heirs, either direct or constructive, on the suit land for the prescriptive period before the grant of Patta in his favour. We feel that a determination of this question is necessary for complete adjudication of dispute between the parties. It is a mixed question of law and fact. We thi......
Syed AB Mahmud Husain CJ
Ahsanuddin Chowdhury J
Kemaluddin Hossain J
Lal Meah, being dead his heirs Momena Khatun & others………..Appellants.
Vs.
Haji Md. Ibrahim Meah and others......Respondents
Judgment
November 28, 1975.
Result:
The appeal is allowed...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......s heirs, either direct or constructive, on the suit land for the prescriptive period before the grant of Patta in his favour. We feel that a determination of this question is necessary for complete adjudication of dispute between the parties. It is a mixed question of law and fact. We think, there..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....etition were denied. It was specifically asserted in the said written objections that the counting of the votes cast in the election commenced in the morning of 22-12-73 at the Seed Store and was completed at 1 P. M. and that after counting it was found that the appellant received 1016 votes and......Case is also Reported in: (1976) 28 DLR (AD) 51. ......tion as a whole void unless it is satisfied that the result of the election has been materially affected by reason of the irregularity or the contravention of the Rules complained of. 12. For proper appreciation the point, the relevant rules may be quoted as follows:— "60. Relief.—Th......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....; It is not a mere contingent or possible right or interest, as contemplated in S. 60(1 )(m) of the Code, but a vested right exercise of which remains suspended un terms of the prior agreement are completed. After the discharge of his liabilities which incurred under the said contract, there n a...... Appellate Division (Civil) Present: A. M. Sayem, C. J. Syed A. B. Mahmud Hussain, J. Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya. J. Bangladesh……Appellant. Vs. Mohd. Abd......Code of Civil Procedure. Of the two questions posed, answer to the first will virtually settle the second. Let us therefore consider the first question. Section 60 of the Code gives a long list of properties with exceptions, which is liable to attachment and sale in execution of a decree. From t......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
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