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Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....g in force, a raiyat shall not enter into any form of usufructuary mortgage other than a complete usufructuary mortgage in respect of his holding or of a portion or share thereof, and every such complete usufructuary mortgage shall be subject to the same limitations as are imposed by secti......te-on-Record-For the respondent. S.R. Pal, Sr. Advocate, appeared as Anmicus Curiae. Civil Appeal No. 31 of 1972 (From Writ Petition 85 of 1974. 46 other appeals were heard analogously and disposed of by this judgment) Judgment B.H. Chowdhury J.- These appeals arise out of ......was a mere amendment of a grammatical error. Lastly, it was contended that the High Court Division erroneously took the view that President's Order No. 24 of 1973 affected certain vested right to property which is violative of the fundamental right guaranteed by the Constitution. 5. Before ......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
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....e, parties to the application. Object of sub-section (2) is to have all the co-sharer tenants or all the tenants holding lands contiguous to the land transferred, before the Court for proper and complete adjudication in accordance with law. A co-sharer tenent or tenant holding land co......Judgment March 18, 1980 Result: The appeal is allowed. The pre-emptors cannot succeed on such an application-several co-sharers in the holding were omitted in the pre-emption case and they were not brought on record in spite of objection taken by the pre-emptees-- The instan......ufficient opportunity to remove the defect by impleading the persons named in the written objection but they failed to remove the defect, and consequently, the application must be treated as not properly constituted. Section 96, sub-section (2) requires that all the co-sharer tenants of th......ver, the section does not cast any duty upon the Courts to find out through process of enquiry all the non-notified co-sharers if any or all the non-impleaded contiguous land owners, and for complete adjudication implead them in the proceedings, Sub-section (2) requires that all the co-sharer tenant..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......r Vs. Satya Bhoma Nath & others...................Opposite Parties Judgment March 3, 1980. Result: The Rule is discharged. Case Referred to- Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfun Naher Vs. Syeda Hashmat Ara, 21 DLR......imitation was based on evidence on record and I do not find any substance in the contention of the learned Advocate of the petitioner as both the courts below came in this finding on proper consideration of evidences. For the reasons stated above, the order of the court of......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....notice of the Labour Court for its decision by reason, of the express prohibition contained in section. 43 of the Ordinance: Being unqualified the prohibition must seem lg be both total and complete." 23. A dismissed worker can, however, bring an application under section 34 duri......lay & Co. Ltd. & Another……..……………………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 t......is given in the definition unless there is any (sic) contrary in the context. There is no necessity to travel elsewhere or to other enactments for the purpose of defining that word or discovering its proper meaning. 15. Section 25 of the Act of 1965 is as follows (1) "Any individ......h does not specifically contain any words or expressions showing that such a dispute can be raised under that section. Even such expressions as "any party to an industrial dispute" or "adjudication of the dispute" as occurred in the unamended section 34 which might have been..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
..... It was further stated in the affidavits-in-opposition that there is a Government decision being decision of Council Committee of Ministers dated 8-6-77 to the effect that no person who has not completed 14 years of continuous service as Class 1 officer shall be eligible for promotio......4 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Province of East Pakistan, PLD 1971 SC 82. Lawyers Involved: Syed Ishtiaq Ahmed with S.A. Latif, Abdul Rah Chowdhury and Rabia Bhuiya, Advocates-For the Petitioners. K.A. Bakr, Attorney General, with MM. Haq and ......der No. 9 of 1972, now repealed. It was stated that the Notifications dated 16.11 -65 have no relevancy in Bangladesh as it did not survive, moreover the said rule of seniority dated 16-11-65 was not proper being ex-facie discriminatory as it provided two standards for 'determining seniority-the......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
......
Lawyers Involved:
Asrarul Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record - For the Appellant (In both the appeals).
A.N.M. Gaziul Huq, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Respondent No.2 (In both the appeals).
Civil Appeal Nos.8 &......s granted in terms mentioned above. Mr. Asrarul Hossain, the Learned Counsel appearing for the appellant, argued that courts below had not considered the agreement. Annexure "A" in the proper perspective and the second stipulation in the said agreement had amply provided the mana......of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... even if the trial Court disbelieved the genuineness of Ext 5, the fact of handing over the lease deed and letter of extension of tenancy by the donor at the time of gift proved the that the gift was completed and effective in law. He has also submitted that the trial Court failed to consider the pu......& another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ......e. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. Effective delivery of possession of gifted immovable property in occupation of tenant will be occurred by delivery of title deed. The provision of s...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......32 DLR (AD) (1980) 24. ......ion Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the right. It could not be said that when a transferee is in possession of a property in part performance of the contract and that contract has been affirmed by a decree for s......ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....m, undoubtedly, some valuable rights of the successful bidder accrued in the fishery. It is true that until lease deed gets approval of the authority concerned and execution of the lease deed was not completed lease's full right as such did not accrue, but the action of the approving authority c......, instructed by Abu Backkar, Advocate, on Record-For the Appellant. Md. Moksudur Rahman, Deputy Atorney General, instructed by S.S. Hoda, Advocate on-Record-For the Respondents 1-6. N. H. Khandoker, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent 7-8. ......y 6, 1979 Result: The appeal is allowed. Administrative law—Discretionary power— Authority must exercise the power reasonably— Arbitrary exercise of the power without proper application of mind cannot be sustained….. (6) Lawyers Involved: Syed Ishtia......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
.....
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
......nal Jurisdiction)
Present:
Chowdhury A.T. M Masud J
Muhammad Habibur Rahman J
Md. Bokiotullah.........................Petitioner
Vs.
Chairman, Council of Cadet Colleges and Secretary Ministry of Defence, Govt. of Bangladesh, Old High Court building, Dacca and 2 ot......t has been submitted on behalf of the petitioner that the respondent No. I has applied his judicial mind to the report of the Inquiry Officer the causes shown by the petitioner which if considered in proper perspective the petitioner would have been absolved of the charge. It has further been submit.......
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....pellant filed an application on November 24, 1978 with a prayer for treating his application dated August 29, 1974 as an application for review. 4. Respondent A.B. Khan filed a written objection completely denying any relationship between one of the Judges of this Court and the wife and the res......Advocate-on-Record - For the Respondent No.4. K. A. Bakr, Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.9 of 1978. (From the Judgment and order dated 25-8-78 passed by the Appellate Division in Civil Appeal No.9 of 1978). Judgmen......d the latter constructed the petrol pump and respondent 1 started selling petroleum as a dealer of Daud Petroleum from 1971. In February 1972 the respondent 1 approached the appellant for sale of the property and the latter agreed to purchase the same at a consideration of Tk. 83,000/- out of which ......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
.... facts and circumstances of the cases, we make no order as to costs. A.T.M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 306 ......The rules are discharged. Lawyers Involved: Joynul Abedin-For the Petitioner (In Petition Nos. 247 to 281 of 1970) M. Hafizullah- For the Petitioner (In petition Nos.453 to 462 of 1970 and Petition Nos.14 and 26 of 1971) Anwarul Haque Chowdhury, D.A.G. with M.M. Huq, A.A.G.-......age into a lighter age vessel belonging to the petitioners, the said cargo remains in custody of the petitioners till they are discharged from the lighter age vessel to the shore tank. Therefore, the proper time and place of actual measurement, according to common sense, should be the place where th...... facts and circumstances of the cases, we make no order as to costs. A.T.M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 306 ..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)
....ry duties conferred upon the public functionaries. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ......ns of the Lewisham Union, (1897) 1 Q.B 498. Lawyers Involved: S.R. Pal, Sr. Advocate, with Md. Hannan, Advocate, instructed by M.R. Khan, Advocate-on-Record-For the Petitioner. M.H. Khandker Sr. Advocate, instructed by B.C. Panday. Advocate-on-Record-For the Respondent 5 C.P. 74......hat he is interested in the performance of such duty. In the case of Queen Vs. Guardians of the Lewisham Union, (1897) 1 Q.B 498 it was observed: "This Court would be far exceeding its proper functions if it were to assume jurisdiction to enforce the performance by public bo......ry duties conferred upon the public functionaries. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
....lip;..(10)
The appellants are under a "legal obligation" towards the respondents "to carry out specific ministerial duties" clearly imposed upon them by law, namely, "to complete the formalities to transfer the mill"; the High Court Division is empowered ......y the Government although no such case was made out. Hence applying the principle of promissory estoppel the least that can be said is that the appellants cannot be allowed to act inconsistently and the decision to release the Mill remains binding on them……………...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....t section an employer has been given power to terminate the employment of a worker by serving a notice or paying wages for the notice period, compensation at the rate of fourteen days wages for every completed year of service and other dues. That law is applicable only to an employee who is a worker...... No. 479 of 1978) Vs. M. A. Rouf…………………………………Petitioner (In Petition No. 538 of 1978) A.M.M. Rishid Ahmed and Ors…………Petitioner (In Petition No.540 of 1978) Md. Ruhul Amin&helli......t the Acting President's Order No 2 of 1972 did not provide for automatic transfer of the erstwhile P. LA. employees to the Bangladesh Airlines, but that those employees were to be absorbed after proper scrutiny and screening and on new terms and conditions to determined by the Government of Ban......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ......nt: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J A.H.M Abdul Hai………………………….Petitioner Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. Result: Th......trol and Family Planning Officer with effect from 21-8-75 on recommendation of the Public Service Commission. From this notification it is clear that the appointment of the petitioner was made by the proper authority after considering his past record. Even if the order of resumption of office of the......s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....pellant was the Managing Director and Jahiruddin was the operating Director of the Company. In June, 1962 Alauddin transferred his shares in equal parts to the appellant and Jahiruddin and thereafter completely retired from the Company's business and since then the petitioner has been acting as ...... Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: ......he Company as well as the appellant. No Profit and Loss Account of the Company was audited nor was submitted to the Board of Directors by the Managing Director who treated the Company as his personal property. The Company incurred heavy liabilities on different counts and its debt rose to such an ex...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....er is the owner of the house which is holding No.16/1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Mohammadpur Housing Estate. As it appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training,......1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Mohammadpur Housing Estate. As it appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Pla......f Tk. 3000/- per month from 1-12-72 but this direction has been ignored. The Estate Officer by letter dated 20-1-78 informed the Additional Deputy Commissioner that the order of derequisition was not proper and requested him to cancel the order of derequisition. Since the house, has been allotted to......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ..Category: Property Law | Date: 26 Jul, 1978 | Hits: 2
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ......Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Anwarul Huq Khan ....................................Petitioner Vs. Govt. of Bangladesh and others..................Respondents Judgment July 19, 1978. Result: The rule...... punished him by reducing, him in rank and two days later suspended him in contemplation of a proceeding which was, however, not drawn until after three months. Had the authorities applied their mind properly to these allegations they could have, without first reducing him in rank, suspended him pen......er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......Result: The Rule is made absolute. Cases Referred to- Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231; Malik Manjur Elahi Vs. Lala Bishambar Das (1964) 16 DLR (SC) 246; Moslem Fakir and others Vs. Ainuddin Talukdar and others (1965) 17 DLR 705. Lawyers Involved: Syed Aziz......ted land between the parties. The order discloses that the learned Magistrate did not apply his mind at all in the case. When he fixed 11-2-74 for filing written statement by the 2nd party it was not proper on his part to pass the impugned order on that date. The proceeding was dropped without any f......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
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