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A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ......n officer of the Bangladesh Army holding the office of the Chief Martial Law Administrator is now qualified for seeking any election. This amendment has been made by the Government in exercise of the powers under section 176-A of the Bangladesh Army Act, 1952. Mr. K. S. Nabi has contended that amend............................Respondent Judgment June 2, 1978. Result: The application is rejected. Lawyers Involved: K S. Nabi, A. Hasib-For the Petitioner. K. A. Bakr, Attorney-General, Anwarul Huque Chowdhury, Abdul Wadud Bhuiya—For the Respondents. Wilt Pet......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......any disability to hold this office and as such no vacancy has occurred in the office of President without the meaning of Article 123 of the Constitution. The Chief Election Commissioner got powers to hold and conduct election to the office of President only when there is a vacancy in that ......dur Rouf—For the Petitioner (In Writ Petition No. 444/78.) Fakir Shahabuddin Ahmed, Shah Abu Nayim Mominur Rahman—For the Petitioner (In Writ Petition No. 447/78.) K. A. Bakr, Attorney-General, Anwarul Hoque Chowdhury, Deputy Attorney-General, Abdul Wadud Bhuiya, A.A.G.&m......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....eans in the first place the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness of prerogative or even of wide discretionary authority on the part of the government; (2) it means equality before law or equa......ing done in illegal manner is a nullify; (3) procedural provision contained vested rights and deprivation of procedural law, namely, by way of appeal is illegal; and (4) superior Court is vested with power to determine whether any authority has exercised the power conferred on it in accordance with ......tioner Vs. State, People's Republic, Bangladesh others……..Respondents Judgment May 4, 1978. Result: The Rule is made absolute. Cases Referred to- Ayub Khuro PLD I960 (SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 44......amental right. This view was taken in the case of K. K. Kochunni vs. State of Madras, reported in AIR 1959. (SC). 725. The Indian Supreme Court took a further view that it is the duty of the Court to grant relief whenever such right is infringed in the case reported in AIR 1961 (SC), 65 (68). To con..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......n days of the filing of an application under sub-section (1), appear to be added at co-applicant. (6)The Revenue Officer shall, for the purpose of an inquiry under sub-section (4), have the same power as vested in a civil Court under the Code of Civil Procedure, 1908, including the power of:- ......e Rahul Amin Sardar filed an application under section 143A of the State Acquisition and Tenancy Act for correction of record of right in respect of the properties mentioned in the schedule to the application. It is khatian No. 2184 Plot No, 2594 measuring 11.97 acres. This land has been r......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......1978. Result: The appeal is allowed. Cases Referred To- Sm. Jobeda Khatun and another Vs. Hazi Mohammad Ibrahim and other, AIR 1957 Cal. 360; Probodh Chandra Barman, Managing Director, Tripura Modern Bank, Chittagong Vs. Messrs Abdul Rahman, Abdul Gani and others (1960) 12 DLR 45......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
....made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
......preme Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Abdur Rahman Chowdhury J
Saifuddin Ahmed Siddiqui..............Petitioner
Vs.
The Deputy Custodian, Enemy Property Management Board……....Opposite Parties
Judgment
......ties in a suit for establishment of title between two parties claiming title adverse to each other. Admittedly, the opposite parties are lessees under the Enemy Property Authorities and the lease was granted in accordance with the provisions of Enemy Property (Lands & Buildings) Administration a..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....their decretion in favour of the University and refused to interfere by way of issuing mandamus against it. He has also submitted that the relief under Article 102 of the Constitution being discretionary, the Court should be reluctant to interfere in a matter like this where the University......is submission as there is no reason to give such a restricted interpretation to Article 52. In England, as we shall presently see, the Courts have always held such matters to be within the visitorial powers. Moreover, in our own jurisdiction, relief under Article 102 of the Constitution is......m, Advocates—For the Respondents. Writ Petition No. 279 of 1977. Judgment A.T.M. Afzal J.—This Rule, at the instance of the petitioner, is directed against the respondents to show cause as to why the publication of the result of the examination of Master's Degree in L......e shall presently see, the Courts have always held such matters to be within the visitorial powers. Moreover, in our own jurisdiction, relief under Article 102 of the Constitution is seldom granted unless the alternative remedy under the law is availed of. 11. In the case of R. Vs. Du..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....ay be necessary for the purpose of determining the real questions in controversy between the parties” 4. There is no doubt that the power given to the Court under the Code is both wide and discretionary but it must be exercised judicially on consideration of the special circumstances of e......s may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties” 4. There is no doubt that the power given to the Court under the Code is both wide and discretionary but it must be exercised judi......aint, impleading plaintiff No. 3 as co-plaintiff in the suit and rejecting the application under Order 7 rule 11 of the Code of Civil Procedure filed by the defendant. 2. Facts leading to this Rule, in brief, are that the plaintiff opposite parties instituted a suit for permanent inju...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......a land or water within his Jurisdiction then, if the Magistrate is satisfied from any report or other Information, he shall make an order stating the grounds of his being so satisfied and the plenary power that has been given by the proviso appended to the subsection (4) empowers the Magistrate to p......ip;………………......(1st party) Oppoposite Parties Judgment March 29, 1978 Result: The reference is in the negative. Cases Referred to- Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291; Mr. Ishaque Chowdhury Vs. Noor Mohal Begu......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......a land or water within his Jurisdiction then, if the Magistrate is satisfied from any report or other information, he shall make an order stating the grounds of his being so satisfied and the plenary power that has been given by the proviso appended to the subsection (4) empowers the Magistrate to p......;Petitioner Vs. Amir Hamja & 6 others……………………..(1st party) Opposite Parties Judgment March 29, 1978 Cases Referred to- Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291; Mr. Ishaque Chowdhury Vs. Noor Mohal Begu......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......last C.S. operation Jasmat Sardar was possessing the suit land as a bargadar under Girish Chandra and others, the plaintiffs' predecessors, on delivering half of the produce of the land from year to year; and that during Jasmat Sardar's life time the land was taken and given borga bandabosta......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......ting inter alia that as the meadi patta was a temporary lease for 20 years and not a mortgage the suit for redemption was not maintainable. It was further contended by them that plaintiff No.1 failed to give possession and the defendants neither possessed the land, from the date of meadi patta nor d......ecurity for the payment of any money or for the performance of any engagement, No accounts were to be rendered or required. There was no provision for redemption expressed or implied. It was simply a grant of land for a fixed term free of rent in consideration of a sum made out of past and present a..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ...... pay for the said period of notice. Such, payment of compensation may, however, be waived by the officer-in-charge or the Governor, as the case may be, at his discretion. So, sub-Regulation (i) gives power to the employee to leave or discontinue his service in the Bank in the manner as indicate......ve arise out of the same judgment and order of the High Court Division, involving similar question, were heard analogously and are being disposed of by this judgment. Leave was granted to consider the following question: “Whether in the facts and circumstances of the case ......cial leave arise out of the same judgment and order of the High Court Division, involving similar question, were heard analogously and are being disposed of by this judgment. Leave was granted to consider the following question: “Whether in the facts and circumstances of t..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......ons having public character is not a local authority; it requires to be established by a law. A Resolution of the Government is not a law since it is riot made or issued in exercise of any law-making power of the President.
8. Mr. K.S. Nabi, the learned Advocate appeared today and placed before......)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.………………Res......loyees will be appointed by the Council on terms and conditions to be determined by if, but appointment of senior officers is subject to Government's approval. The Fund of the Council consists of grants from the Government and donation and subscription from different sources including private so..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ......rovision for retaking it thereafter. The proceeding as to requisition comes to an end with release of the property under section 8. Appeal and Revision against requisition Section 4A empowers the Government to revise an order of the Deputy Commissioner requisitioning a land or of the ......espondents Judgment February 24, 1978. Result: The rule is made absolute. Derequisition of a Requisitioned land Once a land is de-requisitioned and its possession is restored to the owner there is no provision for retaking it thereafter. The proceeding as to requisitio......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
....ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
......ated 5-12-62. The said notification of 1962 reads as follows:
“Exemption of machinery component parts etc. Notification No. S.R.O. 1302 (K)/62 dated 5th December, 1962:- In exercise of the powers conferred by section 7 of the Sales Tax Act 1951 (III of 1951) and in supression of...... Appellate Tribunal are as follows: The assessee Amin Jute Mills Limited imported a Hydrant Sprinkler Plant on 19.2.63 in the accounting year 1962-63. No Sales Tax was charged on this plant by the customs, authorities at the time of its import. Accordingly the Sales Tax Officer issued notice under s......m (V). This exemption shall not affect the tax payable on the raw materials from which such goods are produced or manufactured.”
10. Clause (I) of this notification shows that exemption is granted of machinery of all Sets operated by power of any description as is used in industrial proce..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......ala fide. By amendment of the plaint a third declaration was also sought which runs as follows: That the plaintiff is the Director, Administrator of the Company and is legally entitled to perform the powers, responsibilities and duties of the Managing Director of the Company as per resolution of the..............................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: The appeal is allowed. Cases Referred to- 10 DLR 431; 16 DLR 298; AIR 1943 Cal. 36I; AIR 1967 (SC) 436; 43 IA 91; 10 DLR 431;18 DLR 7......not committed to do so. The proviso does not refer to relief which is not at all necessary. It also cannot have the effect of compelling the plaintiff to sue for all the reliefs which can possibly be granted. If the plaintiff is entitled to relief on the mere question of some technicality his plaint..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......recommendation of the Government and regularised the intervening period of absence by granting him leave the petitioner was for all practical purposes reinstated in his service. The Government had no power to rescind or cancel the orders of respondent Nos. 4 and 6 as they had already acted upon, and......………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: The rule is discharged. Cases Referred to- Md. Shoib Vs. Govt. of Bangladesh (1975) 27 DLR 315; Md. Ismail Jafar Vs. Director-General ......t order dated 4-11-72 advising the Railway to take back the petitioner in service never meant that he was to be reinstated from the date of his resignation and the break in his service be condoned by granting him leave for the period he was out of service. As the order dated 16-11-72 of respondent N..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......Vs.
Chairman, Labour Court, Chittagong & another.................Respondents
Judgment
February 6, 1978.
Result:
The rule is made absolute.
A dismissed worker ceases to be a worker within the definition of a "worker" under the Industrial Relations Ordinanc......d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
..
Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ...... Advocate appearing in support of the rule has seriously assailed the impugned order of the Registrar taking the ground that the impugned order of review is illegal and without jurisdiction since the power of review cannot be exercised by the Registrar more than once. Mr. Rafiqul Islam has contended......sted in Review Case No. 1 of 1976 under section 135(2) of the Bangladesh Co-operative Societies Act, 1940 briefly, the Act By this order Respondent No. 1 annulled an award made by an arbitrator under section 87 of the Act. 2. Facts of the case briefly stated are that the pet......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
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