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Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....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......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....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......ight and, therefore, such an order could not be termed as removal; and (viii) in the earlier case the Court rejected the allegation of mala fide and the appellant had not alleged any mala fide specifically against the present Minister who had not been impleaded. 13. Being aggrieved by this judg......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....;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......ion, no matter its object is the recovery of the fruit of a decree passed earlier but subsequently reversed. Application for restitution is an application for which no limitation has been specifically provided for in the law and as such it attracts the residuary provision of Art. 181. A restitu......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)
............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......r 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 conviction is specifically provided in a statute such power cannot be read into it and exercised. Before the provision fo......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)
....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...... 152(1) of the Constitution are read and considered together. The petitioner being an employee of a corporation set up under the authority of P.O. 27 of 1972 is an employee under the State to be called a State employee as such…....(6) Lawyers Involved: Md. Nurullah with Mahbubu......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. ..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......980 Result: The Rule is discharged. Lawyers Involved: Abdul Malek, Advocate-For the petitioner. S.K. Sinha, Advocate-For opposite party No. 2. Moazzem Hossain, Deputy Attorney General-For the State. Criminal Revision No.64 of 1980 Judgment Md. Altaf Hoss......mended by the Ordinance and the proviso to sub-section (2A) provides that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions, he shall call upon the complainant to produce all his witnesses and examine them on oath. It is only aft......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
....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
......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
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....n as an absolute rule, because if the suit is otherwise maintainable, and if it is found that the defendant without being in possession, wants to disturb the possession, the Court cannot be powerless to grant temporary injunction in an appropriate case. The order granting injunct......er 5, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to as......onsequential order of injunction made by it are fully consistent with the principle for the grant of temporary injunction, and also reveals the utmost care taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This ......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....espondents Judgment August 27, 1980 Result: The appeal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such power of attorney empowers a person to execute a deed of sale or any kind of transfer or sale o...... Vs. Babar Ali Bepari & Others………………… Respondents Judgment August 27, 1980 Result: The appeal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such pow...... by a Notary Public, or any Court, Judge, Magistrate, Bangladesh Consul or Vice-Consul or representative of the Central Government. The other provisions need not be mentioned. The rule next that calls attention is sub-section (4) which says any power of attorney mentioned in this section may be......rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....much absent here in this petition. The allegations which the plaintiff has made in para 3 of the petition are vague and general allegations and as such it cannot be considered for exercising the powers conferred in Order 38, rule 5 C.P.C. and in this connection the decision reported in 27 D.L.R...... Vs. Messrs Eastern Technique & others…………. Opposite parties Judgment August 6, 1980. Result: The application is rejected. Case Referred to- Paia & Co. S.P.A. Vs. Thurmann Neilson, (1952)2 QB 84; Unimarine S.A. Panama through Lo...... made returnable. 5. Mr. Faqir Shahabuddin Ahmed, the learned Advocate appearing in support of the rule has taken us through the relevant papers filed as annexures to this petition. He has mphatically argued that item No. 3 as described in the petition for attachment before judgment is a proper......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......hid………………………. Opposite Party Judgment August 6, 1980. Result: The rule is accordingly discharged. Case Referred to- Durgaprasad & another Vs. Deepchand & others, AIR 1954 SC 75; Methu Vehemandu Vs. D...... in the hierarchy of the Courts he should be approached first. Let us examine section 115 as its stands now. Section 115 reads as follows— "Revision-115(1) The High Court Division may call for the record of any case which has been decided by any Court sub-ordinate to the High Court D......ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....the requirements thereof or obtain a direction from the Court by filing a separate application for compliance of the requirement. It would be absolutely unreasonable to say that Court's power to give direction is circumscribed by the period of limitation, that is to say, the Court...... Result: The appeal is dismissed. Small Causes Courts Act (IX of 1887), Section 17(1) Proviso Deposit of decretal amount or furnishing of security with the application, not mandatory—Application to set aside the decree along with another application seeking Court'......the Court may direct are mandatory or merely directory. In other words whether Mohd. Fazil Ali Vs. Karim Khan (1894) 108 P.R. 1894 was correctly decided." The Full Bench reviewed practically all the available decisions of different High Courts of the sub-continent to see the nature of......of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....d under authority of the Ordinance, Defence of Pakistan Rules 1965 were framed. The Governor of the then East Pakistan under delegated authority by order of 20-9-65 made in exercise of powers conferred by Rule 181 of the Defence of Pakistan Rules, briefly called the Rules, took over t...... Majid DLR (AD) 52, Lawyers Involved: R. Pal, Sr. Advocate, with S. C. Das, Advocate, instructed by Aminul Huq, Advocate-on- Record—For the Appellant. Abdus Sobhan. Addt. Attorney-General, instructed by M R. Khan, Advocate-on-Record—For the Respondent. Civi...... 1965 were framed. The Governor of the then East Pakistan under delegated authority by order of 20-9-65 made in exercise of powers conferred by Rule 181 of the Defence of Pakistan Rules, briefly called the Rules, took over the control and management of the firm along with another firm, and....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....sp; its own Memorandum and Articles of Association as well as the provisions of the Companies Act. Under the provisions of Sections 5,6 and 7 of the Order the Government was empowered to do away with any obstacles which it may be faced with in managing such company or enter&s......called the Enterprise). His order of appointment as the Administrative Manager of the Enterprise which is contained in the letter from the Minister for Labour is as follows:
"In recognition to his all dedicated and efficient participation in the liberation struggle of Bangladesh Mr. M...... a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 19, 1979.
3. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (here......vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
.... the principles of rules of natural justice and without following the procedure laid down in section 18(1) of the Employment of Labour (Standing orders) Act. Labour Court arrogated to itself the power of appellate authority against Enquiry officer when it found the delinquent not guilty. Unless......complying with the principles of rules of natural justice and without following the procedure laid down in section 18(1) of the Employment of Labour (Standing orders) Act. Labour Court arrogated to itself the power of appellate authority against Enquiry officer when it found the delinquent not ......of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....on is, will the formal defects in the preliminary decree, which are clerical in nature, nullify the entire work of the Pleader Commissioner. 13. We do not see why in such a situation the general power of the Court to act ex debito justitiae should not be resorted to. As held by the privy Counci...... dismissed for non-prosecution. Partition suit Formal defect in preliminary decree does not nullify the work of Pleader Commissoner-Defect in preliminary decree can be corrected ex debito justitlae. It will be plainly an act of injustice if for errors of the Court the entire work......inal decree in accordance with the same. Order 26 Rule 14(3) of the Code he submits, gives the learned Sub-ordinate Judge full authority to act the way he has done in the present case. 21. Technically Mr. Rabbani's submission is unexceptionable, but from the facts & circumstances of the...... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ial Law Regulations and Martial Law Order. (2) The extent of protection given under the Fifth Amendment to orders made acts and things done or taken by any person or authority in exercise of the powers derived or purported to have been derived from such Proclamation, Martial Law Regulations, Ma......s. Bangladesh & Others…………….....................Respondent Judgement March 27, 1980 Result: The appeal is dismissed. Case Referred to- Halima Khatun Vs. Bangladesh, 30 DLR (SC) 207; State Vs. Haji Joinal Vs. Abedin, 32 DLR (AD......rported to have been derived from such Proclamation, Martial Law Regulations, Martial Law Orders. (3) Whether the decision of the reviewing authority, namely, the Government of Bangladesh can be called in question under Article 102 of the Constitution despite the Proclamation of 6-4-79." ......passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....he Officer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as may be fixed in the order. (5) If the mort......ni Biswas & others ……………………Respondent Judgment March 19, 1980. Result: All the appeals are allowed. Case Referred to- Ram Kinkar Vs. Satya Charan, 66IA 50; Macbeth Vs. Chistell, (1910) AC 220; Grev Vs. P...... of interpretation to construe the word 'transfer' as 'transfer by mortgage'. It was further contended that the learned Judges of the High Court Division were wrong in applying the so called mischief rule as enunciated in Hey don's case to hold that the words out and out sale wit......High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ...... payment of rent in lump shall ordinarily be treated as a defaulter in the payment of rent in terms of section 18(1) and 18(5) of the Premises Rent Control Ordinance, 1963, unless there is a contract to the contrary or such payment is covered by waiver and acquiescence on the part of the landlo......rdinance is clearly taken away by the express language of sub-section (5) of section 18. In that decision it has also been held that enquiry about compliance of the provisions of the statute may call for consideration of fact; at each point. There may be a case of waiver or acquiescence or such...... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....ed mainly in a managerial or administrative capacity; or (ii) Who, being employed in a supervisory capacity, exercised, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of managerial or administrative nature.” 17. As the......hellip;…Respondents Judgment January 7, 1980 Result: Civil Appeal No. 26 and 27 of 1978 are allowed. Appeal Nos. 46 and 47 of 1978 are disposed of. Case Referred to- General Manager, Hotel Inter-Continental vs. Chairman, Second Labour Court, Dacca, 28 DLR 1......High Court passed in Writ Petitions No. 863 and 864 of 1974 on January 7, 1977. In Civil Appeals No. 46 and 47 of 1978, Ally Akbar, who is an employee of James Finlay & Co. Ltd. (hereinafter called "the Company”, is the appellant. The company which is the appellant in Civil Appea......, on 13th February 1973 while the Assistant Manager A.Z.M. Ala was going out of his office, the employee obstructed him in his way in an aggressive manner and asked him not to leave his office before meeting a deputation of some workers who were on their way from Narayan-ganj; and that when the Assi..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
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