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Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......€¦â€¦â€¦â€¦Petitioner Vs. Abdul Halim Molla & others………………………Opposite party Judgment December 10, 1981. Result: The Rule is made absoÂlute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280;; Anwara Begu......find in the said rules as follows: "3. It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff but the defendant must deal specifically with each allegation of fact of which he does not admit the truth, except damages." 4. Ever......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....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......ji 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 confers u...... 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 ..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
....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
......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)
....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......few words of my own. In course of hearing of this petition several points have come up for consideration of the Court and in course of our perusal of the Bar Council Order (hereinafter called the Order) we have also observed certain anomalies and discrepancies. 2. As is now ......itution and obtained the present Rule. 8. The Secretary of the Bar Council has entered appearance and filed an affidavit-in-opposition. He has disclosed therein, that the Bar Council in its meeting held on 31-1-81 took a decision in the matter which is as follows:- "consider..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....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......ment of the price or otherwise but they are controlled by the Chapter II of the Specific Relief Act. That chapter is divided into six paragraphs. Paragraph (a) deals with contract which may be specifically enforced. Sections 12 to 20 belong to this category, Paragraph (b) deals with the co......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....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....../- . P.W. 2 Hamidul alias Khendela Md. was driving the bullock cart. The house of Matiar Rahman is by the side of the road. When P.W.1 Abdur Rouf reached near the house of deceased Matiar. Rahman, he called him (the deceased). P.W. 1 Abdur Rouf got down from the bullock cart and proceeded towards a ......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)
....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......idence. It is hearsay evidence, pure and simple. The Special Tribunal has relied upon the evidence of P.W.5 umpteen times in various places most illegally and arbitrarily, without examining critically the nature of the evidence that this witness adduced. 17. P.W.9 Abdul Ghani deposes ....../-, 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)
....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...... of Abdur Rob and Jahangir Hossain. In Abdur Rob's case it has been observed that in exercise of the jurisdiction of such excepted authority, where the lack of the jurisdiction is alleged, it may call for the invoking of writ jurisdiction of the High Court Division, and comment has been made fro......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 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....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....... Improvement Trust prepared a Master Plan for Dacca City under the Town Improvement Act, 1953 with the approval of the Government. In the master plan some areas are shown as low lying areas which are called "unzoned area". The area under the instant L.A. Case No. 54/77-78 falls within the ......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
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....ule. This Rule is accordingly discharged. In view of 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) 97. ......ellip;………………Respondents Judgment July 28, 1981. Result: The Rule is discharged. Considering the matter of promotion of employee to the next higher grade- The employer can assess the value of academic qualification of the ca......ule. This Rule is accordingly discharged. In view of 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) 97. ......it and efficiency of the petitioner in the matter of promotion the authorities have a right to reassess and verify his qualification. It appears from, the resolution from the minutes of the meeting of the Promotion Committee held on 3-7-78 which was placed before us, that after obtain..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
....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......ticle 102 of the Constitution the petitioner, Zamiruddin Ahmed, constituted attorney and sister's husband of Air Vice Marshal M.G. Towab (Retired) (hereinafter referred to as Towab) has called in question the impugned act of refusing Towab to reenter Bangladesh or his expulsion therefr......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
..
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 ......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. ......irector of the Company. 7. Further case if respondent No. 1 is that the last Annual General Meeting of the Company was held in December, 1969 and since then no General Meeting of the Company was called and the Managing Director began to run the Company ignoring the Law, rules and the Board of D......r and allowing respondent No. 1 to discharge his function in the affairs of the company. The learned Company Judge also directed appellant No. 2 Zahiruddin Ahmed, to call the defaulted annual general meeting, submit profit and loss accounts of the Company, and allow respondent No. 1 to participate i..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)
....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 ......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
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ......desh Agricultural Development Corporation and another………Respondents Judgment June 30, 1981 Result: The Appeal is dismissed. Bank is unconditionally bound to make pay the amount on demand Bank guaranteeing satifactory performance of contract by selle...... is unconditionally bound to make pay the amount on demand Bank guaranteeing satifactory performance of contract by seller. Seller defaulted in delivering goods within stipulated time. Purchaser called upon the bank to credit the guaranteed amount to its account. Bank refusing to comply contend......nce quantity of potato seeds. Ext A(1) is a letter written by defendant No.2 to the plaintiff wherein it is stated that "according to Mr. Aziz, Manager, Farms and Seeds, who was consulted in the meeting and said that since there is no demand, the Corporation will be content with as much quantit..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....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......auses. If they are read conjunctively then the word conduct' in second and third clauses becomes tautologous or superfluous. But if they are read disjuctively all the three clauses fit in grammatically and semantically for the purpose the Article is directed……..(11) Interpretation...... charge that was found against the respondent was that a symposium was held at the Teachers' Students' Centre of the University on the 14th August, 1971 where the respondent presided over the meeting which he admitted but said that he did in the normal discharge of his duties and made the fo..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....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...... the Building Tax shall not exceed seventeen percent even when annual value exceeds Rs. 10600/. 9. For the fuller appreciation of the controversy, it seems to me that some of the details is called for which speaking with utmost respect did not attract the consideration in the previous......taxation and section 123 empowers the Commissioners to impose tax, rates, tolls and fees Sections 123 is in the following terms :- "123. (1) The Commissioners may, from time to time at a meeting convened expressly for the purpose, subject to the provisions of the Act, impose within the ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....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......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 ......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 ..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)
....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......l authority and of no legal effect. Leave was granted to consider the question whether the appointment letter issued inadvertently had created any right in favour of the respondent so as to call for a disciplinery proceeding in accordance with rules. 5. Facts are not in dispute. The r......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. ..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)
....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...... Municipal Rules apply to the holding, the Assessing Officer did not correctly apply the said Rules in this case. 7. It was also respondent's contention that the Oil Reservoir Tank cannot be called a 'holding' so as to bring it within the operation of the Urban Immovable Property Ta......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 ..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)
....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......r (Standing Orders) Act and since DIT is a commercial establishment or industrial establishment within the meaning of the meaning of the Employment of Labour (Standing Orders) Act, no interference is called for. 3. Leave was granted to consider whether the DIT is a commercial establishment or i......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 ..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
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