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Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......uot;may alter the finding" "Finding" means the result of a judicial examination, specially into some matter of fact. The expression "may alter the finding'' clearly empowers the appellate court to consider the entire evidence against the accused appellant both as reg......) of the Penal Code provides that in an appeal from a conviction the appellate court "may alter the finding" "Finding" means the result of a judicial examination, specially into some matter of fact. The expression "may alter the finding'' clearly empowers the ap......ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
..../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ......ahini and who were waging war against Bangladesh. The Special Tribunal however cared more for generalisations than for facts in support of this charge. Instead of making a guesswork as to who had the power and authority to organise the Razakars during the occupation regime the Special Tribunal would......………………………………State Judgment November 3, 1981. Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......stency, become void on the commencement of the Constitution. Along with it, if we refer to Article 108, we find that it says, the Supreme Court shall be a Court of Record, and shall have all the powers of such a Court including the power, subject to Law, to make an Order for the investigation o......adesh (1972); Art. 102 (2) (b); Art. 45 & 102 Scope of Enquiry and Interference in Habeas Corpus— Writ - Habeas Corpus--Court Martial- High Court Division has no jurisdiction to interfere with the decision and order of Court Martial except on limited grounds of Coram non jud......o answer questions put by the provincial Governments. It was held that, it was intra vires of the respective Legislatures to impose this duty on the Courts'. Though powers to that effect were not granted in express terms by the British North America Act, 1867, they were not repugnant thereto, bu..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......lves into a co-operative housing, society and embark upon a profitable scheme of land reclamation, land development and housing primarily with the purpose of enriching themselves. To use the coercive powers and machinery of the State in aid of such profit making entrepreneur will clearly not be a pu...... 1980) Syed Ishtiaq Ahmed, with Shah Mohammad Sharif, Mahmudul Islam, Fakhrul Islam, Md. Wahidullah, Farid Ahmed and Nizamul Huq, Advocates—For respondent No. 6. M. M. Hoque, Asstt. Attorney General, for respondent Nos. 2 to 4. Md. Rafiq Mia & others —Petitioners.......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....ing this extraordinary remedy.
In the case of Dacca National Medical Institute reported In 1963 PLD Dacca 741 It was observed as follows:
“It is now well settled that before issuing a discretionary writ of mandamus, court insists that the petitioner should make a demand for justice a......Court. It is stated that the respondent did not assign any such reason on 1-7-80. The fact of suppression of holding passports by Mr. Towab, even if true which is denied, does not and indeed cannot empower the respondent to prevent a citizen of Bangladesh from entering Bangladesh or to expel him the......n of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On the test applied under rule 4 of the Passport Rules, 1955 it cannot be said that the pass......1 the matter has been placed today for further hearing. By an affirmed application the petitioner has stated that in view of the Proclamation of Emergency suspending enforcement of fundamental rights granted under the Constitution he will not press the application on the basis of the fundamental rig..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......private limited company can, if circumstances so permit, be would up on the principles of dissolution of a partnership firm……………….(30) Exclusion of director or deadlock in the management are grounds for dissolution of a company on equitable principles. ......pondent 2. C.A. 37 of 1980 from Appeal No. 8 of 1977 Judgment K. Hossain, CJ: I concur with the decision of Masud, J. Chowdhury A.T.M. Masud, J.— This appeal arises on grant of Special Leave to appeal preferred by the Appellants against the judgment and Order dated 28..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......ter rejected, unless there is some special reason to the contrary, but this is an expedient to which the court very reluctantly has recourse, and never until it has exhausted every other means in its power to reconcile apparent inconsistencies, and the rule is subordinate to the general principle th......dead, his heirs, Faruk Mia & others.......Respondents Judgment June 30, 1981. Result: The Appeal is dismissed In ascertaining the Period of Time the General Expression is to be Ignored when the Beginning and the End of the Questioned Period of Time is clearly Specified a......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......sed Government of Bangladesh (Services Screening) Order, 1972 – Whether Three clauses of Art. 5 (b), to be read conjunctively so that conduct or activity which was not in exercise of power or in discharge of duty of a government servant falls outside the purview of Art. 5(b)— ......pondent Judgment April 30, 1981 Result: Appeal is dismissed Government of Bangladesh (Services Screening) Order, 1972 – Whether Three clauses of Art. 5 (b), to be read conjunctively so that conduct or activity which was not in exercise of power or in discha......ppellant in both the appeals. Dr. Syed Sajjad Hossain was the Vice-Chancellor of the University of Dacca and Dr. Mohar Ali was an Associated Professor of History of the University of Dacca. Leave was granted to consider the question whether the activities of the respondents in collaborating with the..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ...... was also rejected and the suit was decreed exparte. As against the said ex parte decree the petitioner filed an application under Order 9, rule 13 of the Code of Civil Procedure for the restoration of the suit to file. It was contended in the application that the petitioner appointed a Se......r Advocate for conducting his case but as he was heavily engaged on the date fixed i.e. 20-3-78 in the High Court Division an application for adjournment was filed but unfortunately the Court did not grant time, rejected the two applications filed by the defendant petitioner and decreed the suit ex ..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......consideration. 7. The first controversy is as to the Interpretation of the Model Tax Schedule. The Government has framed Model Tax Schedule for guidance of the Municipal Committee in exercise of powers under section 35 of the Municipal Administration Ordinance, 1960 and they shell be......er dated 31-5 -79 passed by the High Court Division in Writ Petition No. 135 of 1980.) Judgment Kemaluddin Hossain CJ.—I have had the advantage of going through the judgments proposed to be delivered by my learned brother Badrul Haider Chowdhury, and Shahabuddin Ahmed, JJ. and I conc......e municipal tax so as to bring them into conformity with the relevant maximum ceiling prescribed by the Model Tax Schedule. 6. This decision is challenged by special leave, Leave was granted to consider whether the amendment of the definition of the tax and rate with retrospective e..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......an prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memorandum of association--Government has the power to direct a registered trade organisation to alter or modify its memorandum and articles of as......de Organization Ordinance (XLV of 196(1); Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memorandum of association--Government has the power to direct a...... that the Order was passed with malafide intention to debar the appellant from pursuing lawful trade and offended the principles of natural justice. 4. Respondent asserted that the appellant was granted a licence, being licence No. 2/78 on May 6, 1978 to run the company without profit. Clause 3..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ......s appointed this service could only be terminated by maintaining a proceeding under the relevant rules. The High Court Division repelled the contentions that the appointing authority had the inherent power to dismiss the appointee but concluded that once appointment was given and acted upon the appo......ppointment letter was issued. In the absence of selection by the Board the appointment was invalid. Between the interview and the date when he got the appointment letter there is hardly anything to show that he was selected by the Selection Board. An ingenious attempt was made by arguing that a......de the Rule absolute and the impugned order dated 28. 12. 77 terminating the services of the respondent was declared to have been passed without any lawful authority and of no legal effect. Leave was granted to consider the question whether the appointment letter issued inadvertently had c..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......ellip;……….Respondent Judgment January 22, 1981 Result: The appeal is dismissed Urban Immovable Property Tax Rules, 1957, Rule 10 Rule 10 gives power to amend or alter the valuation only in cases where assessment is yet to be completed and tax ......……….Respondent Judgment January 22, 1981 Result: The appeal is dismissed Urban Immovable Property Tax Rules, 1957, Rule 10 Rule 10 gives power to amend or alter the valuation only in cases where assessment is yet to be completed and tax is pay......dhury A.T.M. Masud J. — This appeal by special leave arises out of a judgment of a Bench of the High Court Division in Writ Petition No.222 of 1973 dated 1st. September, 1977. 2. Leave was granted for examining the question as to whether the High Court Division correctly interpreted the p..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ......employed mainly in a managerial or administrative capacity; or (ii) who, being employed in a supervisory capacity' exercises, either by nature of the duties attached to the office of by reason of power vested in him, functions mainly of managerial or administrative nature.” 10. The ne......ial establishment and its employees are not workers within the meanting of Employment of Labour (Standing Orders) Act, 1965 - Such employees connot enforce the provision of s. 18 of that Act relating to subsistence allowance pending inquiry into misconduct in a proceeding u/s 34 of Industrial Relati......Court came to the conclusion that the DIT is a commercial establishment and the respondent No. 2 is a worker within the meaning of the Employment of Labour (Standing Orders) Act, 1965 and accordingly granted the prayers. The decision of the Labour Court was challenged by way of writ petition by the ..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......rue construction of the laws aforesaid, we get, that all rights in such property vest in the Government of Bangladesh and the title of the owner of the property remains subject to the overriding power of the Government, or in otherwards, the title of the owner remains eclipsed or suspended as l......lip;……………………………Respondents Judgment January 8, 1981 Result: The appeal is allowed. Case Referred to- M/s. Dulichand Omraolal Vs. Bangladesh 1981 BLD (AD) 1. Lawyers Involved: M......ssain CJ. - The question involved in this appeal is whether the learned Judges of the High Court Division were correct in dismissing the suit brought by the predecessor of the appellants for the grant of Letters of Administration on the ground that the property in question being an enemy proper..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ment of mutuality; (iii) when a law was not ex-facie discriminatory, the party challenging its constitutionality must show that it had been administered in an unjust, discriminatory manner; (iv) discretionary power was not necessarily discriminatory and abuse of discretion was not to be ea......ed on June 5, 1980 by Prof. M.A. Haleem Additional Secretary-in-charge, Ministry of Health and Population Control retiring him from service with immediate effect. The notice was served in exercise of powers conferred by Sub-section (2) of Section 9 of the Public Servants (Retirement) Act, 1974 (Act ...... Bangladesh & Others………………................Respondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Ram Krisna Dalmia Vs. Justice Tendolkar, AIR 1958 SC 538; Budhan Vs. State of Bihar, AIR 19......overnment and by notifications issued on January 5, 1972 and November 12, 1972 the appellant was appointed Director and Professor of Medicine of the Institute with effect from 19.1.71. The Government granted the appellant ad-hoc rank and status of Joint Secretary in 1974, and in 1975 he was giv..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ......;diction as to restitution bears only a superficial resemblance to the jurisdiction as to execution. The jurisdiction to order restitution is inherent in the Court and it flows not from any power which it may have to carry into effect the decree or order of the Court, but from the recognit......of Art. 181. A restitution application is not an application for execution of a decree and as such it is not governed by Art. 182 but it is governed by Art. 181 of the Limitation Act. Right to apply for restitution accrues under Art. 181 from the date of the final decree when appeal is pre......preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
....he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ..............Respondents Judgment November 24, 1980. Result: The petition is dismissed. Martial Law Regulation No. 1 of 1975, Regulation No.4(4) Whether the Government's power of review under Regulation No.4(4) includes the power to convert an acquittal into conviction....... Result: The petition is dismissed. Martial Law Regulation No. 1 of 1975, Regulation No.4(4) Whether the Government's power of review under Regulation No.4(4) includes the power to convert an acquittal into conviction. Unless the power of conversion of acquittal into conv......he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ......rpose of giving effect to the provisions of this Order by a Notification in the Official Gazette. Article 25 of P.O. 27 of 1972 further provides that Board of Directors of such Corporation shall have power to make Regulations for the purpose of giving-effect to the provisions of this Order and for a......man, Bagladesh Chemical Industries Corporation & another……..Respondents Judgment November 21, 1980 Result: The Rule is made absolute. An employee of a statutory corporation is a State employee An employee of a corporation set up by a Presidential Orde...... 11th April, 1974. Although the Chemical Industries Corporation having come to take over the Factory in question by virtue of a Notification of the Government issued on 2nd April, 1974, the authority granted to the petitioner by the previous Management Board to open the Bank Account was never rescin..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
....e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
......teral purpose cannot be sustained
If the lessee was prepared to increase rent, the matter could be settled by negotiation with the lessors. The lessee chose to take recourse to the extraordinary power of the government to requisition the property. We are constrained to take the view that there ......t
November 6, 1980.
Result:
The appeal is allowed.
(Emergency) Requisition of Property Act (XIII of 1948), Section 3
Requisition of property-Section 3 provides the authority to the Deputy Commissioner to requisition certain immovable property for a public purpose. Providing......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
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