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Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......Division refused to exercise their revisional jurisdiction for interfering with the order of the learned Subordinate Judge on the view that the learned Subordinate Judge was correct in applying the principle laid down in Supreme Court decision, referred to above, to the facts of the instant case ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......on, will entail that the plaintiff might be dismissed in "the meanwhile, and so will suffer an irreparable injury. The point is not sustainable on two grounds. In the first place it is a principle for the grant of temporary injunction that, if permanent injunction cannot be granted, te......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......o substance on the very face of it. But Mr. Khondker with great persistence tried to add some amount of plausibility to such a patently wrong proposition by reference to some case law and the English principle relating to a statutory tenant. 6. The basic contention of the learned Counsel that t......debtor was very much on the same site by constructing some new huts thereon. The argument seems to be of no substance on the very face of it. But Mr. Khondker with great persistence tried to add some amount of plausibility to such a patently wrong proposition by reference to some case law and the En..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ...... Bench decision of the Dacca High Court in the case of Saudamini Roy Malakar vs. Narendra Chandra Barman, in 4 D L.R. 492, dismissed the appeal holding that both under the Act as well as under the principle of Hindu law, a Hindu widow by her remarriage forfeited her right to her husband's proper......nd's property, according to the Texts cited above, is the spiritual benefit she may render to the departed soul as his wife. Acts of unchastity by a woman, which may be of different grades, may not amount to disavowal of her marital relationship and defacto abandonment of her characte..Category: Property Law | Date: | Hits: 59
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ......med by the High Court Division, on account of two infirmities, namely, the absence of a proper election petition as contemplated in rule 56 of the Election Rules and the violation of the principle of natural justice for not impleading the successful candidates at the election which wer......pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ......e to be examined for finding out the answer to the question raised in this appeal. 13. For the proper appreciation of the question raised it is necessary to look into the basic principle underlying the various Labour Legislations of the modern times. The right of the employee......eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ......mmovable properly and says that whenever any immovable requisitioned properly is acquired, the owner shall be paid compensation, which shall be determined in the manner, and in accordance with the principles set out in the section. All the diverse provisions of the section need not be set out in......section (6) by the Government, and that decision is notified in the gazette under section 5(7) of the Act, when the property vests in the Government. The provisions are so clear, that no amount of casuistry can be called in aid to treat the proposal into an accomplished act. 17...Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......ontended that the parliament had intentionally dropped such a case but the said contention was rejected. Ramaswami, J. who delivered the judgment observed as follows:— "The principle of this section is that unless a different intention appears in the repealing Act, any l......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......r of decisions have been cited and references to various authorities have been made at the bar on behalf of both parties. It is not necessary for our present purpose to-refer to all of them, as the principles for the exposition of which the said decisions and authorities have been referred a......as to collect additional revenue by imposing a tax on the annual value of lands together with building, and as the owners of such lands with buildings who are capable of paying any substantial amount of tax thereon are likely to be found only in an urban area the Legislature may be taken to..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ......eatened injury could be compensated by monetary compensation, the court will be slow to grant interlocutory injunction. Mr. Ishtiaq Ahmed's contention that the High Court Division has upon a wrong principle exercised its jurisdiction under s. 115 of the Code of Civil Procedure, in view......d been granted permission to sit on Tuesdays on which day the Noapara hat sits, and this had been done in violation of the instructions contained in the Government Estate Manual and this amounts to the creation of a new hat. A new hat could not be established except by a public auction..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......order. 6. To appreciate the sole point for consideration, now that Mr. Attorney-General has conceded the question of maintainability of the Writ Petition under Article 102, we are to gather the principles from the leading judicial authorities in the matter as there is no direct law on the subj......ly expressed in those important decisions of the House of Lords in expounding in an illuminating way the position of an employee of a statutory body having a public character has introduced a great amount of clarity and precision in the understanding of the legal right of such an employee, when ..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......or any trial procedure or the character of the award or its enforcement, or appeal therefrom. The two enactments are in part materia and should be read together as one enactment, applying the principle of generalia specialibus non deregant. According to him, applying this maxim, we get that......h it is desirable should be removed. Under the Land Acquisition Act there are two perfectly separate and distinct forms of procedure contemplated. The first is that it is necessary for fixing the amount of the compensation and this is being described as an award. By section 54, an appeal fro..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......erson who is entitled to receive any rent referred to in section 18 in respect of any premises, the tenant- (a) may deposit such rent, and (b) may continue to deposit every subsequent amount of rent which becomes due in respect of such premises until such doubt has been removed or ..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ...... abduction punishable under section 364 of the Penal Code." 15. Having observed as above the High Court set aside the conviction and the sentence I of the appellant. In view of the principle laic down in the above mentioned cases the learned Counsel for the appellants strenuously...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ...... any one of the account-holders or the survivor may operate the accounts. As a matter of fact in the modem banking system this practice is prevalent all over the world and the same is based on the principle that the deposit is made and the terms of operation is embodied in the form of contract o...... form, This sum of Taka 13 lakh does not belong to the estate of the deceased Nuruddin Ahmed @ N Ahmed. As such the defendant cannot be legally restrained by an order of injunction to pay the said amount to defendant No. 1. After filing the aforesaid suit the plaintiffs filed a petition under Or..Category: Civil Law | Date: | Hits: 112
....fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
....... 1862 of 1997 discharging the Rule.
2. The short fact leading to this petition is at respondent No. 2 instituted Mortgage Suit No.21 of 1990 in the Artha Rin Adalat No. 1, Chittagong claiming an amount of Taka 89,94,800.22 only against the petitioner and proforma respondent Nos. 4 to 7 who file..
Category: Civil Law | Date: | Hits: 109
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... in violation of the agreement dated 26-8-1997 and the Articles of Association and was illegally exercising the powers and that the company did not pay Bangladesh Shilpa Rin Sangstha the first two installments due on 1-6-1998 and 1-1-1999, the company defaulted in loan repayment to ICB. The Boar...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ......he company to pay back the working capital of Taka 30, 00,000. As the company could not arrange more than Taka 2,00,000 to pay back the petitioner and her husband respondent No. 3 paid the balance amount of Taka 28,00,000 on condition that Bangladesh Shilpa Rin Sangstha approved the proposal of ..Category: Business or Commercial Law | Date: | Hits: 95
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ...... under section 46 of the Bank Companies Act, 1991 for his removal from the present post and position i.e. Chairman of the bank, on the basis of an ex parte report prepared in gross violation of the principles of natural justice and without any recommendation of the Standing Committee as required ......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......effect from 5- 8-74 in the post of Assistant Commissioner of Taxes and from 31-10-77 in the post of Deputy Commissioner of Taxes. The National Board of Revenue by its memo dated 25-3-90 agreeing on principle to consider the case of respondent No. 1 sent it to the Public Service Commission for th......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ..Category: Administrative Law | Date: | Hits: 93
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ...... and before making such observations and giving such directions the learned Judges of the High Court Division illegally in not giving any notice to the appellants which is a gross violation of the principle natural justice and consequently, the should be expunged and direction to take are liable...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ..Category: Criminal Law | Date: | Hits: 72
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