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Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......be decided on the ground of mere previous conduct. Whether the defendant was prevented by sufficient cause from appearing when the appeal was called on for hearing will determine the outcome of the proceeding under Order 41 rule 19 CPC. On this count both the Courts have given cogent reasons for ..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......t therein is heritable and not personal to vanish with the tenant’s death. The right on inheritance is same as that of the original tenant and not in any way better or than his right. The Execution proceeding against the appellants in this case is maintainable. The appeal is dismissed. Monthly ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ...... expenses for charitable purposes, the balance of the Wakf properties are to be divided into three parts representing the heirs of the three sons of Keamuddin Sardar. It is alleged that there was a proceeding before the Revenue Officer, Barisal who directed acquisition of Schedule 'Kha' properti..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......ved upon him on 2nd December, 1968 directing him to hand over the charge of his office to the Assistant Accountant and was placed under suspension from 7th December, 1968 pending drawing up proper proceeding. Charge-sheet was submitted against him on 21st January, 1969 with a direction to show c..Category: Labour and Industrial Law | Date: | Hits: 144
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......Khurshed Alam Khan, Secretary, Naranyanganj Municipality and Nurul Islam Sikdar, Head Assistant Basic Democracy Section, Divisional Commissioner's Office, Dacca directing them to show cause as to why proceedings for contempt of court should not be drawn up against them as well. The High Court found ..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......r which he cannot be held to be responsible. 5. The provisions of Order IX of the Code of Civil Procedure have been enacted to give effect to the aforesaid rules of the judicial procedure. A proceeding for judicial review of certain administrative acts or legislative measures interfering ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......he appellant, has contended that the case as made out in the plaint being substantially for a declaration which, required an adjudication as to the legality of the requisition and acquisition proceedings initiated under the Town Improvement Act, the bar contemplated in section 93 C of the s..Category: Procedural Law | Date: | Hits: 99
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......ant contended that (i) an application purported to be under section 47 of the Code filed by Respondent No. 1 Ashrafun Nessa was not maintainable as she was not a party to the pre-emption proceeding and (ii) that in the absence of a finding that Respondent No. 1 Ashrafun Nessa was claim..Category: Property Law | Date: | Hits: 77
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......n merits and found that there was no substance in the said application. 9. Special leave to appeal has been granted by this Court to the appellants to consider 3 points namely (i) whether further proceeding in the suit was barred under section 83(2) of the Code of Civil Procedure without permiss..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......ffice of Vice-Chairman or of any of the members disputed the result of the election to any of the said offices, and none of the successful candidates for the said offices was made a party to the said proceeding before the Election Tribunal. 4. The election petition was opposed by the appellant a..Category: Election Law | Date: | Hits: 122
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....ations having relied upon a decision in the case of Raja Huq Newaz V. Mohd. Afzal reported in 19 DLR (SC) 369. In that case, proceedings were sought to be quashed at the complaint stage. It was held "quashing of proceedings at so early stage gives an unfortunate impression of stifling of criminal ......y special leave, arise out of a single judgment of a Division Bench of the High Court of Bangladesh refusing in exercise of powers under section 561A of the Code of Criminal Procedure, to quash the proceeding in D.A.B.C. R. Case No. 53 of 1968 pending against the appellants in the Court of Sub-Div..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......before the Court and to the witnesses. The appellants were fully aware of the prosecution case and heard the evidence from start to finish. They had therefore no difficulty to follow the trial proceeding. After close of the prosecution case, they were examined under section 342. It was ..Category: Criminal Law | Date: | Hits: 64
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ...... the notice and that the filing of an application for the purpose of appointment of a new arbitrator before the expiry of the said period was at the most an irregularity which did not vitiate the proceeding itself and refused to interfere with the order of appointment of the arbitrator on that..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ...... of India under Article 133 or Article 136 of the Indian Constitution. Article 133 of the Indian Constitution provides an appeal to the Supreme Court from a final order in a civil proceeding. Article 136 of the Indian Constitution confers on the Supreme Court jurisdiction to hea..Category: Fiscal/Taxation Law | Date: | Hits: 126
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......elow under section 96 of the East Bengal State Acquisition and Tenancy Act and dismissing the application for pre-emption filed by the appellants before us. 2. The appellants initiated the proceeding for pre-emption by filing an application on 2-6-59 in the 6th Court of Munsif, Barisal o..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ......uld be discussed first. The question is, if at the trial before, the Tribunal, all ballot papers cast in the election could not be produced by the election authority, and none of the parties to the proceeding is responsible for their non-production and even though the missing of the ballot papers..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......ging to Nalini and his wife Sarala. They left the country for West Bengal in 1962. Their rayati holding fell in arrears of rent which prompted the Government Acquired Estate to start four certificate proceedings. They are certificate case Nos. 138/1961-62. 185/1961/62, 187/1961-62 and 1970/1962-63. ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......an exclusive affair of it. The court is no forum for decision of hypothetical questions. The Judge deals with actual disputes, and his duty is not to report but to decide. He has no interest in the proceeding before him except the interest of justice. He decides cases not initiated by him but by..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......of any security. The expression suit to which this Act applies occurring in section 36(1) has been defined in section 2(22) of the Act thus: "Suit to which this Act applies" means any suit or proceeding instituted or filed on or after the 1st day of January, 1939, or pending on that date a..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......y an application filed by the appellant under section 115 of the Code of Civil Procedure, challenging the validity of the two orders passed by the Court of the Subordinate Judge of Khulna in a proceeding under Order 33, Rule 1 of the Code, instituted by Respondent No. 1, by which the proceed..Category: Property Law | Date: | Hits: 61
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