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Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......ion 561A of the Cr.P.C. is not applicable in connection with any proceeding under the Special Powers Act. The jurisdiction of the High Court Division under section 561A of Cr.P.C. is an inherent power which cannot be deemed to be otherwise limited or affected and this Court is always empowered ......ip;Petitioner Vs. The State……………………………………………State Judgment October 20, 1982. Result: The Rule is made absolute. Whether there was direct personal ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......
Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents
Judgment
August 6,1982.
Result:
The appeal is allowed.
Cases Referred to-
Abdullah Vs. Ahmed Din, 16 DLR (SC) 169; M. N. Clubwala Vs. Fida Hossain Saheb, AIR 1965 (S......ot be a decisive factor in determining the question whether it is a lease or a license. Before we refer to the judicial pronouncements in respect of this criterion to determine whether a document has granted lease or a license, we may refer to the observations in Abdullah Vs. Ahmed Din, 16 DLR (SC) ..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ...... In such circumstances the proceedings against the petitioner can only be revived on a fresh complaint or on a fresh police report in respect of the same offence. The Sub-Divisional Magistrate has no power to revive in respect of the discharged accuses the proceeding which has come to an end by the ......Judgment July 15, 1982. Result: The Rule is made absolute. Discharge of the accused by the Magistrate under section 253 Cr.P.C. The accused petitioner is not sought to be tried by a different Tribunal. Nor is he being tried under a separate rule of evidence. R......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......Respondents Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for disobedience of any term or breach of an order' granting, an inj...... Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for disobedience of any term or breach of an order' granting, an injunction. So the wo......made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for disobedience of any term or breach of an order' granting, an injunction. So the words of the sub-rule appear to mean that an exercise of the power m..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
....dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
......……………………………Respondent
Judgment
June 15, 1982.
Result:
These Appeals are dismissed.
Cases Referred to-
Mahomed Musa and others Vs. Aghore Kumar Ganguli and other, AIR 1914 Privy Council page 27;......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......the plaintiff moved this Court and obtained leave to consider whether the Admiralty Court was wrong in rejecting the plaint as, in its opinion, rule 11(a), Order 7. Code of Civil Procedure does not empower the Admiralty Court to pass such an order. 7. Mr. K. A. Bakr, Counsel for the plaint...... Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. Result: The appeal is allowed. Cases Referred to- Hussain Bakhsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=PLD 1970 SC 1; R.P.0'......as to costs. Ruhul Islam J. - I have gone through a copy of the judgment prepared by the learned Chief Justice. I regret my inability to agree with the proposed judgment. 20. Leave was granted to examine the contention that the Admiralty Court was wrong in rejecting the plaint under r..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......ng Director and the Chairman respectively of the Company. It was further resoled that the Secretary ship agreement between the Company and M.A. Muktadir in favor of Valley Tea Estate Ltd. the General powers of Attorney executed by respondent No. 1 in favor of MA. Muktadir were cancelled and withdraw......
Judgment
May 28, 1982
Result:
The appeal is dismissed.
Companies Act (VII of 1913); Section 38
In a proceeding under Section 38 the Petitioner is not entitled to a relief ex-debito Justitiae and the Court has discretion to refuse remedy if the matter is not a......f Amin Ahmed CJ in Re: Messrs Anath Bandhu Guha and sons Ltd. reported in 7 PLR (Dacca Series) 159 that the provisions of Section 38 are very wide and the Court has ample scope and power to grant relief and save the parties from being harassed and unnecessarily relegated to protracted liti..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ...... of the lessor or those claiming under him. Provided that property may be transferred to or for the benefit of a woman (not being a Hindu, Mohammadan or Buddhist) so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein.&qu......p;…………………………..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; ......auper with leave of the Court under Order 33 Rule 1 of the Code of Civil Procedure. He claimed to be an administrator of the disputed properties appointed under the letter of administration granted in his favour by the learned District Judge. 3. The plaintiffs case briefly stated..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
......d that though the Court of Admiralty Act, 1891 (Act No. XIV of 1891) declared Court Division of the Supreme Court as the Court of Admiralty it did not spell out what would be the nature and extent of power and authority of such Court of Admiralty.
7. The Admiralty jurisdiction of the Court can ......rt exercises the same jurisdiction as the High Court of England exercised in 1890 under the Admiralty Court Act of 1861. The instant suit arising out of a claim for non-delivery of the cargo that was to be carried by the ship Nedlloyd Leuve is amenable to the jurisdiction of this Court.
Cases ......ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......n Miah—For the Opposite parties. Civil Revision No. 76 of 1982. Judgment Amin-Ur-Rahman Khan J. - This Rule was obtained by the petitioner who was O.P. No. 1 in a preemption case to revise the concurrent judgments and other passed by the original and the appellate Court below re......l the learned Subordinate Judge practically dotted exactly the same findings without giving any other reasoning of his own and thereby concurred with the findings of the learned Munsif in refusing to grant rateable pre-emption to the present petitioner who was O.P. No. 1. 7. Mr. Mian Aftabuddin..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......h; Under the statutory rules the Chairman of the Local Parishad was the appointing authority and an employee of the council —In the absence of any statutory rule and regulation relating to power of appointment and dismissal of the Zilla Board employees engaged in projects of works program......lla Parishad and another........Respondents is the Petitions Judgment February 11, 1982. Result: All the rules are discharged of. Submitting an Inquiry Report in time is Directory and Not Mandatory—Nothing has been shown that the failure of the Enquiry Officer to submi......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......Vs. Bangladesh and ors……………….........Respondents Judgment January 26, 1982. Result: The Rule is made absolute Fundamental Right to Protection of Law – Illegal dispossession by Government Officers— Governme...... 2. Although the petitioner prayed for an ad-interim mandatory injunction directing the respondents to restore vacant possession of the premises forthwith, we, however, did not think it proper to grant the ad-interim prayer for mandatory injunction but directed the respondents to stop repair of ..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ...... of the two alternatives--The papers on record no where indicate that the authorities applied their mind to the alternative proviso in Rule II before the impugned order was passed. Delegation of power- Whenever there is a question of delegation of power it must be done in specific and cate......vernment Servants (Discipline and Appeal) Rules, 1976 under which the petitioner has been suspended also provided that instead of placing the petitioner under suspension the authority may require him to proceed on leave--The Secretary's note to the authorities contained the only proposal that th......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ......ranteed under the Constitution in full force. It is beyond our comprehension as to how the Prime Minister of the country could pass an order of nationalisation of a Tea Garden when there was no law empowering the Government to do so, far less to take over The order of the than Prime Minister appears......ellip;………………..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is petition......e commissioner may link fit. (17) After the expiration of the 5th year, the Collector/Deputy Commissioner or other deputed officer shall enter on, inspect and make a detailed survey of the whole grant for the purpose of resettlement. The lessee may at any time demand that an inspection and..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......ranteed under the Constitution in full force. It is beyond our comprehension as to how the Prime Minister of the country could pass an order of nationalization of a tea garden when there was no law empowering the government to do so, far less to lake over. The order of she then Prima Minister appeal......idul Huq Chowdhury, petitioner No.2 in person, with M.H.A. Sikdar, M.I. Faruqul, A.Y. Masthuzzaman and A.K.M. Nazrul Islam-For the Petitioners. Kazi Shafiuddin, Asstt. Attorney General-For Respondent No.2 Writ Petition No. 529 of 1980 Judgment Abdur Rahma......it. ... ... ... ... ... (17) After the expiration of the 5th year, the Collector/Deputy Commissioner or other deputed officer shall enter on, inspect and make a detailed survey of the whole grant for the purpose of re-settlement. The lessee may at any time demand that an inspection and mea..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......ed appearance and filed an affidavit seeking to rely on the Government Servants (Seniority of Freedom Fighters) Rules made on 24th December 1979 by the President of Bangladesh in exercise of the power conferred under the proviso to Article 133 of the Constitution of Bangladesh, for gr......ndents Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 B......dom Fighters) Rules made on 24th December 1979 by the President of Bangladesh in exercise of the power conferred under the proviso to Article 133 of the Constitution of Bangladesh, for granting antedated seniority to respondent No. 4 over the petitioners. This consequently caused the ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ......gagee's interest. Section 111(c) of the Transfer of Property Act provides that a lease of immovable property determines where the interest of the lessor in property terminates on or his power to dispose of the same extends only to the happening of any event by the happening of such eve...... Haji Md. Ekramullah & others...................Respondents Judgment December 7, 1981. Result: The Appeal is dismissed. Whether by a Conditional Sale a Mortgage Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act con......onfer on them rights under special statutes. To this again there is an exception. The lease will continue to bind the mortgagor or persons deriving interest from him if-the mortgagor had concurred to grant it.” In the present case suit holding is an urban property and the mortgagor or his..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
....hority. In the facts and circumstances of the case there will be no order as to costs.
Ed.
Sultan Hossain Khan J.—I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 21
......ondent No. 1 by filing an affidavit-in-opposition. In the said affidavit-in-opposition it has been stated that under section 9(2) of the Public Servants (Retirement) Act 1974 Government had power to retire a Government servant who has completed 25 years of service without assigning any rea......espondents
Judgment
December 2, 1981.
Result:
The Rule is made absolute.
Compulsory Retirement of Government Servant –
No materials were produced before the Court to show that the authority considered the necessity of such retirement and the retirement is in publ......hority. In the facts and circumstances of the case there will be no order as to costs.
Ed.
Sultan Hossain Khan J.—I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 21
..
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......the High Court Division unless he has practiced as an advocate before the Subordinate Courts in Bangladesh for a period of two years. Now under Article 21(1)(c) the Bar Council has been vested with a power to exempt an advocate from the said requirement for reason of his legal training or exper......n Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. Judgment Abdur Rahman Chowdhury J. — While concurring with the order passed by my learned brother I propose to add a few words of my own. In course of hearing of this petition several points have come up......e 65-A (iv) of the Rules and as such is entitled as of right to exemption thereunder & the Bar Council cannot lawfully withhold it. He, therefore, prays that the Bar Council should be directed to grant exemption to him and permission to practice before the High Court Division. 11. Mr. M.A. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....h the prayer made by the plaintiff in the plaint or the relief sought for could be considered as mistake or error on the face of the record. The High Court Division considered that that the court had discretionary power to vary the terms of the contract and pass a decree as deemed just and proper in......ade by the plaintiff in the plaint or the relief sought for could be considered as mistake or error on the face of the record. The High Court Division considered that that the court had discretionary power to vary the terms of the contract and pass a decree as deemed just and proper in the facts and......c Relief Act (1 of 1877) Section 22 & 26 Sale of Goods Act (III of 1930), Section 58 Code of Civil Procedure (V of 1908). O.XLVII r.6 Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. Act--Direction is such suit is regula...... of 1981 Judgment Badrul Haider Chowdhury, J: This appeal by special leave is directed against the judgment and Order of the High Court Division in Civil Revision No. 732 of 1981. Leave was granted to consider: (1) whether a concluded contract between the parties can be varied to the disad..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
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