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Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......eference to Annexation of Burma by Great Britain in 1886. Mr. Khondker refers to the following passage at page 142:— "A new Government, he advised, succeeds to fiscal rights and is bound to fulfill the fiscal obligations of the former Government, and it is also res..Category: Business or Commercial Law | Date: | Hits: 81
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......n the 7th October, 1958 when Martial Law was proclaimed in the country but even under that regime, notwithstanding the abrogation of the said Constitution which guaranteed certain fundamental rights, the power of the High Courts to issue the writs including that of habeas corpus contin..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......n in such possession, or is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach it until a competent Court has determined the rights of the parties thereto, or the person entitled to possession thereof: Provided ..Category: Criminal Law | Date: | Hits: 49
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......of pre-emption is highly developed and a scientific exposition of a very difficult branch of law. The Mohammedan Law of pre-emption contains well defined principles restricting the individual rights of property and yet is in complete harmony with principles of equity, justice and good consc..Category: Property Law | Date: | Hits: 45
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ...... the provisions of the East Bengal Non-Agree-Cultural Tenancy Act, 1949, applied to such land, at the time of such Acquisition, be regulated by the provisions of that Act. (2) The rights and liabilities of other non-agricultural tenants shall, except in the matter of determinat..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ...... Company is to be a private company and the number of members of the company for the time being would not exceed 50 (fifty). 4. Prior to the transfer and acquisition of the properties, rights, interests and assets of Pakistan National Oil Limited by the said Jamuna Oil Company, an Or..Category: Business or Commercial Law | Date: | Hits: 107
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....in the seller's country known as the correspondent or negotiating bank, to accept drafts drawn upon it for the price of the goods, against tender by the seller of the shipping documents. The contractual relationship between the issuing bank and the buyer is defined by the terms of the a...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......authority. The Counsel appearing for the respondents pointed out that the constitutional power is necessitated because the constitution says "as may be appropriate" for enforcement or any rights given by the Constitution. In 1962 Constitution this power was available for giving dir..Category: Employment/Service Law | Date: | Hits: 101
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......Code provides that “No suit shall be defeated by reason of the mis-joinder or non-joinder of parties and the court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it”. In the said case, the left out conti..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ature of legal relationship between the government and civil servants. In describing what the relationship, Ramaswami, J. stated as follows: "It is true that the origin of Government service is contractual. There is an offer and acceptance in every case. But once appointed to his post or offic......rt observed as follows: "It is not usual in measures of this nature to find a 'carte blanche' given to executive authority. In the case-law cited before us, almost all the systems codifying the rights and obligations between the State and its servants invariably contain the controlling conside..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......Ordinance XVI of 1974), Section 1 of this Act conferred power upon the Government to make rules for carrying out the purposes of this Act. Section 8 of this Act which provided for the exercise of the rights and powers of the Government by the Corporation has subsequently been amended by Ordinance LI..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......ng before an independent authority, not interested in the proceedings or in any party to the proceeding. The frontier of natural justice with the progress of rule of law and establishment of human rights is constantly expanding. The purpose of invoking the principle of natural Justice is, to put..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......on to observe on the effect of the property becoming enemy properly and the relevant passage may be quoted: "Upon a true 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 ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order 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: 33 DLR (AD) (1981) 154. ......or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriates for the enforcement of any of the fundamental rights conferred by part III of the Constitution but this power could be exercised in relation to on..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ...... a member of the disciplined force cannot, for the very reason that has assumed a kind of responsibility which is not expected of any other person in the service of Bangladesh, hope to have all the rights which the Constitution has conferred on the latter. One of such rights being the power to inv..Category: Employment/Service Law | Date: | Hits: 102
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ...... Syed Abdul Karim vs. Harendra Cnandra Dhupi, 14 D.L.R 847 which contains the following observation; "In the case of pre-emption became of the special provision of the Act, rights of the parties cannot be determined without considering the right of others. The princ..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is 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: ......fter the decree of the first court was modified by the appellate court and nothing has happened since to suspend or stay or, to be more precise, to review or give a fresh start to the exercise of rights." 22. This view of the High Court however did not find favour with the Judicial Committee..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ...... in view of the decision by the Dacca High Court in Chittaranjan Sutar's case that "sections 4 and 6 of the aforesaid Ordinance were void ab initio being in conflict with the fundamental rights guaranteed by the Constitution of 1962. (2) Whether in view of the fact that th..Category: Property Law | Date: | Hits: 75
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......erate retrospectively, if Parliament so expresses it in the validating enactment. The invalidity of a law may be owing to some legislative in competency or to its repugnancy to any of the fundamental rights and they can be cured in the manner set out above. 6. A question may and does arise in so..Category: Constitutional Law | Date: | Hits: 188
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......an opportunity to show cause against the proposed action. Any statutory rule to the contrary, or any action contrary to other the Constitutional guarantee or statutory rules relating to these defined rights, can be redressed in a civil court and also in the writ jurisdiction of the High Court Divisi..Category: Constitutional Law | Date: | Hits: 188
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