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Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....e petitioner. On a Second Appeal to the High Court the learned Single Judge who heard the appeal dismissed the Second Appeal summarily relying upon the concurrent finding of the Courts below that the disputed land had been correctly described in the execution petition and was also sufficiently ide......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
.... 2. The predecessor-in-interest of the appellants along with respondent No, 13 brought the suit for recovery of possession of a property on a declaration of their title thereto. The disputed property belonged to one Ramchandra Malla, who died several years ago, leaving behind a wi......nbsp; ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....ition as of reclassification of the definition clause. 'Excisable article' before the amendment of 1937, is now reclassified as 'intoxicant.' The change, if at all, is one of terminology. It is not disputed that the earlier Rules framed in 1936 is applicable to the respondents. By mere reclassific......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....he Election Tribunal by its judgment overruled the objection of the appellant and others as to the maintainability of the petition in respect of the election of all the candidates in the disputed centre and declared that the election of Ward No. 3 of the said Union Parishad was complet......pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....sed Trade Union and had been actively representing the cause of the workers of the Company, it was not, according to the strict provision of the Act, a. recognised Trade Union at the time when the disputed settlement was made. No other recognised Trade Union having been shown to have been i......eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 138
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
.... main town itself with factories, new houses, roads, light etc ......." 45. The appellants in their affidavits-in-reply filed before the High Court do not appear to have seriously disputed the correctness of the aforesaid statements made by the Government of East Pakistan as......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ...... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....the subject. No doubt, some help could be obtained from section 42 of the Specific Relief Act. A legal character could be claimed and declaration obtained from Court under this section. It cannot be disputed that where a writ lies for a declaration of nullity a suit under section 42 of the Specific......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....wn Improvement Act and the Land Acquisition Act. He says, in support of his contention that in the present case no tribunal has been constituted under the Act, either to arbitrate or adjudicate the disputed compensation payable for the properties acquired under s. 93A. He further says, s. 9......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... conflicting views. On the other hand, the learned Attorney-General in course of his argument placed strong reliance on this decision saying that the principle laid down therein can hardly be disputed. It is thus necessary to consider whether the case before us has been rightly decided on t...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..Category: Property Law | Date: | Hits: 74
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ted ground of total absence of jurisdiction or malice in law and that not in a case where the consolidated sheet of the election result has been challenged, adjudication hereof needs to decide the disputed question of fact which is the exclusive jurisdiction of the election tribunal. &nbs......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....he seized goods were the same goods as were sold in auction and further as to whether the goods were seized at a place near the Sundarban Hotel or at a place near the graveyard in Swamibagh are all disputed questions of fact. We find that the High Court Division decided the issues in a slip shod ......issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....to improve his case by stages, first to meet the defendant’s objection of mentioning plot No.936 and then to fit in with the report of the advocate commissioner as to the area, covered by the disputed structures of the defendant and finally, to bring a new case that he, in fact, purchased ...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ..Category: Property Law | Date: | Hits: 58
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....r 26, 2000. The Code of Criminal Procedure, 1898 (V of 1898), Sections 145 & 561A Order of the Civil Court was passed earlier regarding disputed property so there could not be any proceeding under section 145 of the Code of Criminal Pr......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ..Category: Criminal Law | Date: | Hits: 62
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....round of bonafide requirement and also for repair of the roof of the house in order to save the building from damage. His further case was that the respondent became an unauthorised occupant of the disputed shop on expiry of the agreement of lease. 3. The respondent conteste...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....ndering or taking possession has been issued. Since no notice as contemplated under section 5(1)(b) of the said Ordinance was issued to the respondent Nos. 1-6 or any other person inclusion of the disputed property in the “Kha” list of the abandoned buildings is without lawful author......pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ..Category: Property Law | Date: | Hits: 69
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
.... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ..Category: Property Law | Date: | Hits: 49
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
....y in affirming the judgment and decree of the trial Court. He further submits that from the facts and circumstances of the case it appears that defendant Nos. 1 and 2 were coerced to enter into the disputed contract for sale and, as such, trial Court acted illegally in exercise of its discretion...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ..Category: Property Law | Date: | Hits: 64
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....thin the shops. In the course of hearing of the appeal the learned Counsel representing the appellants in Appeal No. 25 of 2000 placed before the Court a copy of draft seniority list, which is not disputed or challenged from the side of the respondent Nos. 1 and 2 in Appeal No. 25 of 2000, circu......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ..Category: Employment/Service Law | Date: | Hits: 63