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Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....same and they are in joint possession. What is sought is to enjoy the property in severally for convenience. In such circumstances, a partition suit is the proper remedy. We, therefore, do not find any want of competence in this suit for partition……….(8) Possession may be of different k...... performance of the contract and that contract has been affirmed by a decree for specific performance of contract, the transferee after the decree does not acquire an interest in the land. He can lawfully maintain and protect his possession and interest in the property. The rights of the ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....le is made absolute.
Owner of abandoned property has no legal authority to transfer the property-
An abandoned property within the meaning of the Presidents Order No. 16 of 1972 means-
any property owned by any person who is not present in Bangladesh or whose whereabouts are not known......in view of the facts of the case, should be made-absolute.
The rule is, accordingly, made absolute and the impugned notice dated 18.4.77 be and is hereby declared to have been passed without any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahm..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....petitioner the. Corporation's decision demoting him from his post of Assistant Manager in junior executive grade to the post of Office Superintendent in the superintending service grade 1 without any prior notice. 2. Case of the petitioner is that he joined the then East Pakistan Agricultur......ion in this case is quite maintainable even if the alternative remedy was not availed of. 6. In the result the rule is, made absolute and the impugned order is declared to have been made without lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. ..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
....ion that the Government could order a summery or full-dress enquiry for the purpose of satisfying themselves whetherthe prosecution was likely to end in conviction or not, it must be pointed out that any enquiry with regard to a matter which is subjudice is bound to interfere with the even and ordin......ntended to be held by the magistrate as per notices Annexures E and F being contrary to the law of the land, the rule is made absolute; the impugned notices are declared to have been made without any lawful authority and of no legal effect. This order will not debar the government from holding a con..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....claration that the order dated April, 1978 passed by respondent No. 2 the Joint Secretary; Ministry of Land Administration and Land Reforms (Annexure J to the Writ petition) to have been made without any lawful authority and without any legal effect, alleging, inter-alia, that the appellant being th......ation that the order dated April, 1978 passed by respondent No. 2 the Joint Secretary; Ministry of Land Administration and Land Reforms (Annexure J to the Writ petition) to have been made without any lawful authority and without any legal effect, alleging, inter-alia, that the appellant being the hi..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
.... as Stores and Equipment Supervisor would not take him out of the definition of a worker under the Employment of Labour (Standing Orders) Act, 1965 and as such the finding of the Labour Court without any evidence on record that the petitioner was not a worker, could not be sustained. 5. It appe......e case. 7. In the result, the impugned order dated 30.10.72 passed by the Labour Court, Khulna in Industrial Relations Ordinance Case No. 22 of 1971 is hereby declared to have been passed without any lawful authority and is of no legal effect. The case is sent back on remand to the Labour Court for ..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC
....izenship (Temporary Provisions) Order, 1972. (P. O. 149 of 1972) was passed on 15th December, 1972. Article 2 of this order which is relevant for this purpose reads as: “2. Notwithstanding anything contained in any other law, on the commencement on this order, every person shall be deemed......gence of Bangladesh the petitioner became a citizen of Bangladesh by the operation of law and continues to be a citizen of this country and as such the notification in question was issued without any lawful authority and it is of no legal effect. In the result, the rule is made absolute without..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....ating to compromise. Order 23 Rule 3 of the Code deals with compromise. It reads as:- "Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect o......g to compromise. Order 23 Rule 3 of the Code deals with compromise. It reads as:- "Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of th..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
.... under suspension on charges of malpractices by an order of respondent No. 1 on 16-6-76 the petitioner was supplied with a charge-sheet (marked as Annexure "B" to the Petition) in which as many as five charges were framed against the petitioner. In the Charge-sheet charge No. 1 (b) relates......ulsory retirement of the petitioner as contained in Annexure "F" dated 11-12-76 and "G" dated 28-12-76 passed by the respondents should not be declared to have been passed without lawful authority and is of no legal effect.
2. The petitioner was appointed as Vice-Principal, ..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....y recommended by his superior officers and the proposal with all necessary papers was forwarded by the superintending Engineer on 19.10.74 but the papers went round from one office to another without any decision till he received the order dated 11.6.77 regretting the Government's inability to a......nto the file and make his submissions on the materials in the file. Be that as it may, the main question ultimately boils down to this; when two options are available to the authority, whether it can lawfully opt for and exercise power under either of them. This point also appears to have received c..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)
....hese orders of confiscation before us mainly on the ground of want of jurisdiction alleging that the facts alleged against the trawlers even if admitted, do not attract the mischief of Customs Act or any other law in force in Bangladesh. 2. Mr. Asrarul Hossain, the learned Advocate appearing fo......ction (3) of section 9 are not applicable either. In the result all the three rules are made absolute and the impugned orders of confiscation are declared to have been made without any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - ..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
.... worker or work-man as given in section 2 of the Ordinance. He has contended that a worker after being dismissed or removed from service and his dismissal or removal from service not having any relation with any industrial dispute cases to be a worker for the purpose of any proceeding unde......, may seek remedy elsewhere if available. In the result, the Rule is made absolute without any order as to costs. The impugned order of the Labour Court is declared to have been made without any lawful authority and of no legal effect and is set aside. Abdul Matin Khan Chowdhury J. - I agr..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
....termination, after 6 years of service, amounts to dismissal or removal from service without notice and as such the impugned order is violative of this Article of Constitution if he had not been given any notice by the Respondent. 4. Mr. Mozammel Hoque, contends that the petitioner was in fact g......ntainable. In the result, the rule is made absolute and the impugned order of termination which amounts to an order of dismissal or removal from service is declared to have been made without any lawful authority and of no legal effect. No order as to costs. This, however, does not debar the Res..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....t Petition by an order dated 3.5.76 setting aside the order of termination holding that the order of termination was out and out malafide. The respondents reinstated him in service but did not assign any particular duty on him whereupon he made representations to the authorities. He alleged that the......t in ft spect of appointment of its employees, the government's Memorandum dated 18-3-78 in pursuance of which the Corporation passed the impugned order for ante-dated seniority is itself without lawful authority. 19. The points railed by Mr. Chowdhury have been discussed by us already; the..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Dhirendra Nath Sarnaker Vs. Bangladesh and orders, 1979, 8 CLC (HCD)
.... Bangladesh protects both permanent and temporary Government servants. A show cause notice and a reasonable opportunity shall be provided to a servant in the service of the Republic charged with any allegation if he is sought to be dismissed removed or reduced in rank. ………&...... The petitioner obviously held a civil post in the service of the Republic and as such he is well within the protection of Article 135 of the Constitution. The Impugned order is without any lawful authority as it is violative of this Article of the Constitution. In the result, the Rul..Category: Administrative Law, Employment/Service Law | Date: 12 Jan, 1979 | Hits: 1
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....r dated 24-11-77 contained in Annexure 'J' and Memo dated 8-11-77 contained to Annexure 'J' removing the petitioner from his service should not be declared to have been passed without any lawful authority and of no legal effect. 2. The petitioner joined his service in July, 1961......ted 24-11-77 contained in Annexure 'J' and Memo dated 8-11-77 contained to Annexure 'J' removing the petitioner from his service should not be declared to have been passed without any lawful authority and of no legal effect. 2. The petitioner joined his service in July, 1961 as ..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....osed of on 23.8.77. The decision on the preliminary objection as to the competency to the present application taken by Mr. Moazzem Hossain in our opinion would depend upon whether it is prohibited by any provision of the Code of Criminal Procedure or is repugnant to any Rule or practice or is contra......Board. No grounds of detention having been communicated to detenu and not having been produced before the Advisory Board within the stipulated time, the detention of the detenu is illegal and without lawful authority. Mr. Serajul Huq, further contended that Writ Petition No. 357 of 1977 was disposed..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....) 783; Ripon Press and Sugar Mill Co. Vs Goyal Chitti & others AIR 1932 P.C I; Barron Vs. Potter and Potter Vs. Barron", Ch. Div. 1914 (1), 895; Mahmudur Rahman and other Vs. Monipur Tea Company Ltd', (1968)20 D.L.R. 133; Punjab Ali Vs. Muharram Hosain (1977) 29 D.L.R, S.C. 185; C. Coop......tional director by respdt. No. 1. Thereafter, respdt. No. 1 got a title suit T.S. No. 255 of 1973 filed in the 6th Court of Munsif, Dacca, by Mrs. Zohura Khatun seeking a declaration that she was the lawful owner of 2200 shares and that she was elected a Director of the Company. Respdt. No. 1 then p..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
....rt as specifically mentioned in Martial Law Regulation No. 1 of 1975.
3. In the meantime the Summary Military Court found that the case was transferred to it by the District Control Cell without any lawful authority in that a case from an ordinary criminal court could be transferred to a Martia......s specifically mentioned in Martial Law Regulation No. 1 of 1975.
3. In the meantime the Summary Military Court found that the case was transferred to it by the District Control Cell without any lawful authority in that a case from an ordinary criminal court could be transferred to a Martial La..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2
....rt as specifically mentioned in Martial Law Regulation No. 1 of 1975.
3. In the meantime the Summary Military Court found that the case was transferred to it by the District Control Cell without any lawful authority in that a case from an ordinary criminal court could be transfered to a Martial......s specifically mentioned in Martial Law Regulation No. 1 of 1975.
3. In the meantime the Summary Military Court found that the case was transferred to it by the District Control Cell without any lawful authority in that a case from an ordinary criminal court could be transfered to a Martial Law..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3
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