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The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....pendence day on 14th August, 1966. The meeting continued till 10 P.M. Thereafter, all left except P.W. Sachindra. At about 1 A.M. Dr. Salam went to a nearby mosque to say his (Tahazzad) prayer asking P.W. Sachindra to wait till his return from the mosque. But P. W. Sachindra bein...... feelings between Dr. Abdus Salam (deceased) on one hand and accused Azizur Rahman and respondent Golam Rabbani and their supporters or the other. Accused Azizur Rahman become Chairman of the aforesaid Union Council by defeating Dr. Abdus Salam but Dr. Salam was trying to become Ch......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 80
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....o be invalid. It was further held "the provisions para 2 of Schedule I are of a mandatory character, so it was open to the arbitrators to appoint an umpire within one month and if they fail to make a prayer to the court for appoint of an umpire, the parties are at liberty to make a prayer to the cou......l No. 133 of 1965 affirming the judgment and decree passed by the Subordinate Judge, First Court, Chittagong in other suit No. 17 of 1958 in terms of an award. 2. The circumstances leading to the aforesaid suit are as follows B. C. Aga & Co. (hereinafter called the respondent) while carrying on b......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....ed a joint written statement asserting that the power of attorney is genuine and the transfer effected on the strength of the same is valid and lawful. 3. On 28-8-74, the plaintiff’s prayer for examination of plaintiff No. 1 on commission in Calcutta was allowed and Mr. M. A. Khaleq......ivision refusing to interfere, in exercise of its revisional jurisdiction, with an order of a Subordinate Judge setting aside an order previously made by his predecessor, issuing a commission for examination of two witnesses in India. 2. The appellants have instituted a suit in ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....if, Chittagong, challenging authority of the Corporation to draw the disciplinary proceeding against him without jurisdiction, and prayed for temporary injunction. This leave petition is sequel the prayer for temporary injunction. The trial court granted the temporary injunction, and the first a...... Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by S.M. Huq. Advocate-on-Record.—For petitioner. Not represented—For the Respondents. Civil Petition for Special Leave to Appeal No.57 of 1977. (From the Judgment and Order dated the 28th Jan......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....half of the petitioner in the said Miscellaneous Case for a local investigation without which it was stated in the said application, the decree could not be executed. The executing Court rejected the prayer for local investigation 01 the view that it was not necessary at that stage The High Court Di......ker, Senior Advocate — For the Petitioner. Mian Abdul Gafur, Advocate, instructed by B.C. Pandey, Advocate-on-Record. Md. A. Aziz, Advocate-on-Record— For the Respondents. Civil Petition for Special Leave to Appeal No. 36 of 1977. (From the Judgment and Order dated 7-1-77 passed by t......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. ......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
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....ndent Nos. 3 to 25, who contested the election for the offices of Chairman, Vice-Chairman and Members of Ward No. 3 of Union Parishad No. 7 Betagi, Rangunia, Chittagong held on 29. 12. 73. The prayer made in the election petition for a declaration that the election of the appellant and ......hy;tution by which a judgment of the Election Tribunal declaring the election of the appellant as Chairman of the Union Parishad void at the instance of Respondent No. 1, who was a contestant for the office of the Vice-Chairman of the said Parishad. 2. The facts relevant for the purp......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. ......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
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....gation submitted charge-sheet against the accused en 20. 7. 1974 under Sections 147/148/149/302/109, Penal Code read with Article 2(4) of P. O. 50. The accused were taken in to custody. Their prayer for bail was rejected, both by the Sub-Divisional Magistrate as well as by the Sessions......975 passed by the High Court Division in Criminal Revision Case No.1871 of 1974). Judgment: Ahsanuddin Choudhnry J: In this appeal by special leave the point for consideration is: Whether the G. R. Case No. 255 of 1973, pending in the Court of the Su......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ..Category: Criminal Law | Date: | Hits: 113
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
....d two objection petitions to the grant of interlocutory injunction, the substance of both being the same. The Respondents denied the existence of the wakf hat. It was further urged that on the prayer of the Tarabo Union Council, Noapara hat was allowed to sit for a short period, and the per......Advocate-on-Record—For the Respondent No. I. Khandker Mahbubuddin Ahmed, Advocate, instructed by Md. Shafiqur Rahman, Advocate— For the Respondent Nos. 2-7. Civil petition for special leave to appeal Nos. 3 and 4 of 1977. (From the Judgment and order date...... 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)
....ity his service was of public character and under section 16(5) of the Municipal Ordinance, 1948 the President had the power to dismiss him. This power was admittedly irregularly exercised, but the prayer for a declaration that the dismissal was wrongful was refused in this case on the ground that...... Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Barber vs. Manchester Region......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. ......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
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....r Order 7, rule 11 of the Code of Civil Procedure for rejecting the plaint. The respondent thereafter filed an application for amendment of the plaint whereby he wanted deletion of the second prayer, namely, that the respondent is still in service as Grade-II Officer and the prayer was allo......p; Mahmud Husain C J: This appeal by special leave is against a judgment of a Single Judge of the High Court Division passed in Civil Revision. 2. Respondent No. 1. filed a title suit for declaration that the order dismissing him as Grade-II Officer (2nd officer) in Janata Bank, Mun......sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the appeal is dismissed without any order as to costs. Ed. ......sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
.... 3. From the award, the appellant preferred an appeal to the High Court of East Pakistan, being F.A. No. 158 of 1966. It came up before a Division Bench. It held that no apples lay, but on the prayer of the appellant, was pleased to convert the memorandum of appeal into an application under ......C. (Pak) 307; Ramchandra Datta Vs. Jogesh Chandra Datt (1873) 19 W.R. 353; National Telephone Company Limited Vs. His Majesty's Post Master General, (1913) A.C. 546 (H.L.); Secretary of State for India vs. Chelikani Rama Rao, L. R. 43 LA. 192 same case I.L.R. 39 Mad. 617 same case 20 C.W.N......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. ......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
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....Hon’ble High Court Division and a Division Bench of the High Court Division upon hearing the parties allowed the appeal and reversed the judgment and order of the trial Court and refused the prayer for injunction. 6. On the submission of Mr. Rokanuddin Mahmud, learned ...... Miscellaneous Appeal No. 221 of 1995 reversing the judgment and order dated 8-7-1995 passed by the Subordinate Judge. First Court, Comilla in Title Suit No. 4 of 1995 arising out of an application for temporary injunction. 2. The appellants as plaintiffs filed Title Suit No......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ..Category: Civil Law | Date: | Hits: 112
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....for an injunction against the defendant-petitioner. 3. The contesting defendant entered appearance in the suit and also filed a written objection against the plaintiff’s prayer for injunction in favour of the plaintiff as prayed for and against the defendant which was ......cord—For the Petitioner M Shafique Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 221 of (From the Judgment and Order dated 29-06-2000 p......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ..Category: Intellectual Property Law | Date: | Hits: 224
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
.... Court, Comilla, in Sessions Case No. 77 of 1991 dated 30-1-93. 2. The prosecution case, as can be gathered of the evidence of the PWs, was that on 16-4-90 at the time of Zohr prayer victim Asia returned to her house after taking bath from a tank when the two accused petiti......sp; Judgment January 30, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 154 Filing of the first information report by the informant disclosing the death due to poisoning subsequently finding the d......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
.... the view that the contention so raised was of no substance rejected the application summarily. 5. Mr. Sk Afzalur Rahman, learned Advocate for the petitioner, in support of his prayer for granting leave to appeal against the order of the High Court Division, submits that the...... Sk Afzalur Rahman, Advocate instructed by Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented- The Respondent. Criminal Petition for Leave to Appeal No. 252 of 2000. (From the judgment and order dated 23-10-......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ..Category: Criminal Law | Date: | Hits: 65
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....miscarriage of justice as it has changed the nature and character of the suit. 4. Mr. Jalil led us through the judgment of the High Court Division and it appears that only the prayer portion of the plaint was allowed to be amended and in so doing the High Court Division foun...... Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference. Lawyers Involved: MA Jalil, Adv......ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ..Category: Procedural Law | Date: | Hits: 82
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
..... Thereafter on 26-5-85 the plaintiff filed his first petition for amendment of plaint by changing the figure plot No. "936" to "935". An advocate commissioner, appointed on the prayer of the defendant, submitted his report on 15-2-86 showing plaintiff’s possession in 0...... The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowe...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ...... 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
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
....t who was the petitioner in civil revision wanted to add the heirs of the appellant No. 1 (Kha) of the appeal in the civil revision but that was not also allowed by the learned Single Judge nor the prayer for keeping them on record. 3. The question now is, whether the instan......ode of Civil Procedure, 1908 (V of 1908) Order XXII rule 9 The suit as a whole had not been abated on account of death of one of the appellants during pendency of the appeal before pronouncement of the judgment of the appeal. The suit being one for declaration of title the r...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ..Category: Property Law | Date: | Hits: 46
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....refrom. 6. Mr. Shafique Ahmed, learned Counsel for the petitioner, tried to argue before us that on the facts and in the circumstances of the case the High Court Division was wrong in refusing the prayer for review of its judgment passed in FA No. 366 of 1995. 7. In Kessewji Issur vs. GIP Ry. ......on-Record— For the Petitioner Mustafa Niaz Mohan2rnad, Advocate, instructed by Azra Ali, Advocate-on-Record — For Respondent No.1. Not Represented — Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 820 of 1999. (From the judgment and order dated 24 June 1999 passed by th......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48...Category: Property Law | Date: | Hits: 107
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
....or of respondent Nos. 1-15, as plaintiff filed the aforesaid Title Suit against the petitioners and other respondents for specific performance of contract for sale of the suit property with further prayer for execution and registration of the sale deed and delivery of possession of the suit prop......; April 6, 2000. The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to de...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ..Category: Property Law | Date: | Hits: 64
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