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Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....nd order of a Division Bench of the High Court of East Pakistan Dacca as it then was, which was passed in Civil Rule No. 1687 of 1968 on July 1, 1969. 2. The appellant who claims to be the eldest son of one Md. Amir Ali Mia was on the death of his father, substituted as the Mutwalli of Salamat M......n means the function o f "deciding litigated questions according to law" deciding them not arbitrarily but on evidence and according to certain rules of procedure which ensure that the person, who is called upon to decide them, acts with fairness and impartiality. It is often said that two of the im...... 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...Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
.... Civil Procedure, a suit being O/S No. 49 of 1945 in the Second Court of Subordinate Judge, Chittagong for redemption of a kot-mortgage. Their case was that Mohammad Ashraf Chowdhury, their predecessor-in-interest had executed on 37th of Aswin, 1374 M.E. a kot-mortgage in favour of Abdul Karim Cho......der, to such payments or recoveries as had been made after the first day of January, 1939, within the meaning of section 36(1 )(d) of the Bengal Money Lender's Act (Bengal Act X of 1940) (hereinafter called the Act). Having read the direction of the Supreme Court the High Court restricted the accoun......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. ..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....tely' dismissed for default. An appeal being Miscellaneous Appeal No. 107 of 3 969 which was filed by Respondent No. 1 against the aforesaid order of dismissal of the Miscellaneous Case was also dismissed for default on 1-4-70. Respondent No. 1, however started a proceeding being Miscellane...... 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. ......however, be granted as a matter of course. Before granting such stay, the Court concerned shall have to be satisfied, as has been provided in sub rule (3) of the said Rule (a) that substantial loss may result to the party applying for stay unless the order is made, (b) that the application ..Category: Property Law | Date: | Hits: 61
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
.... His petition before the Labour Court and thereafter a writ petition to the High Court have failed. 2. Two charges were framed against the employee, one relating to his inducting a wrong person in the mills by changing the name and address of a Badli worker Serajul Huq, and the other was ......l Huq, and the other was his issuing a false leave order to a worker, Abdul Hamid. Mr. Chowdhury argues that the employee was not given an opportunity to examine his witnesses and that the employer called no witnesses before the Enquiry Committee. Before the Labour Court evidence was led and the ......c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 151
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....the appellant, submitted an application on.27.12-67, to the Administrator of Wakfs, praying for his removal from the Mutwalliship of the Wakf Estate created by Khan Saheb Emdad Ali, and also for his prosecution the Administrator directed the appellant to show cause, why he should n...... affidavit. The petition though supported by an affidavit, its truth was never allowed to be tested by cross examination. The allegation in petition was denied in the objection petition. The denial called for proof of the allegation made in the petition by allowing the Mutwalli to cross exam......r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....t Dr. Salam was trying to become Chairman by removing Azizur Rahman by a vote of no-confidence and for that purpose he drew up a petition for a vote of no-confidence and obtained signatures of some members, There was also enmity among them over distribution of some khas lands of Dayara......y dragging away Dr. Salam from the mosque having gagged his mouth with a 'gamcha'. Dr. Salam was taken towards the river ghat to the south of the mosque and was murdered there. P. W. Sachindra called a number of persons and while they were proceeding towards the river ghat they met P. Ws. E......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
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....nal Code as well as under section 5 (2) of Act II of 1947. He was acquired of the charge under section 409 but was convicted under section 5 (2) of Act II of 1947 and sentenced to simple imprisonment for two years and a fine of Tk. 50,000/-in default to simple imprisonment for one year......s in a meeting held on 30-9-1964. One of ' the schemes was to manufacture 19, 65,000 bricks for the Pabna-Trimohoni Road. The estimated cost for brick manufacture was Tk. 2, 03,500/-. Tenders were called for but the sale of tender forms was restricted under petitioner's direction to certain......pancy between units of energy generated and those accounted for by sales in excess of what would normally be experienced by the regular cases of wastage such as transmission of conversion losses. The Electric Supply Corporation of Calcutta having obtained sufficient prima facie m..Category: Criminal Law | Date: | Hits: 69
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....ve Officer and was nominated by the company as a member of the Board of Trustees of the Chittaranjan Cotton Mills Employees Provident Fund Trust could be said to have ceased to be a public servant, so that any offence committed by him in his deputationary capacity is immune from requirement of s......o be determined in judging an officer to be a public servant within the meaning of section 21 of the Penal Code, and they are not in dispute. A detailed discussion of these authorities is not called for. However, we would like to mention some of them. We think that the best enunciation of t...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....he goods but the price having gone down, the appellant refused to honour the sight draft. As a result of their refusal to honour the sight draft the respondent was forced to send the goods to Karachi sold them there on behalf of the appellant. The respondent claimed that they had suffer loss of Taka...... 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 business under the name and style L. D. Seymore & Co. (Pak)....... As a result of their refusal to honour the sight draft the respondent was forced to send the goods to Karachi sold them there on behalf of the appellant. The respondent claimed that they had suffer loss of Taka 26,693/ and demanded of appellant to make up the loss. The appellant having failed to m..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....ndra Pal 62 C.W.N. 133; A.I.R. 1958 Cal. 543 and the other of Madras High Court in the case of Vaidyanatha Vs, Bank of India A.T.R. 1955 Mad. 486, that a shareholder of a limited company was not a person whose interests were affected by a sale of the company's property and as such had no locus sta......rty itself". 20. In the case of Hiralal Saha vs. Akshary Kumar Saha, 37 C.W.N. 766; A.I.R. 1933 Cal. 815, it was held that the contingent liability of a defaulting auction purchaser who was called upon to put in the deficiency in the sale price on resale of the property under Order, rule 7...... but it is the share-holders who provide the share-capital of the company and have the ultimate control over its management and, in the ultimate analysis, it is they who are going to suffer for the loss of a very valuable property belonging to the company in consequence of the disputed auction s..Category: Property Law | Date: | Hits: 118
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....ncy of its officer, who is guilty of misconduct and that the learned Subordinate Judge wrongly held that the Corporation had no authority to draw up the disciplinary proceeding. It was also held by the High Court that there is no allegation that the proceeding has been initiated m......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. ......ence and inconvenience, is against the grant of temporary injunction, if the injury sustained could be compensated by monetary damages. The plaintiff's threatened injury, is nothing but a pecuniary loss which can be compensated by monetary damages whereas the loss or damage to the Corporation if ..Category: Procedural Law | Date: | Hits: 107
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....he question as to whether under the Hindu Widow's Remarriage Act. (Act XV of 1856) a Hindu widow forfeits her right to her deceased husband's property on her remarriage. 2. The predecessor-in-interest of the appellants along with respondent No, 13 brought the suit for recovery o......ing half of the body of her husband" and on her remarriage she ceased to be the surviving half of' the body, which was, according to him, nothing but a 'picturesque metaphor," as was called by Sir Sheshagiri Ayyar in his dissenting judgment in Vitta Tayaramma vs. Chata Kondu Sivay......nbsp; ..Category: Property Law | Date: | Hits: 59
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
.... prayer made in the election petition for a declaration that the election of the appellant and Respondent No. 2 as Chairman and Vice-Chairman respectively of the U ion Parishad was void and also for a declaration that the election held at Ward No. 3 of the Union was void as a whole. ......ppellate Division on this point has been clearly stated in the following passage: “Rule 56 of the Union Parishad (Election) Rule clearly provides that no election shall be called in question except by an election petition made by a candidate challenging the electio......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
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....dentical. 9. If we take the language of the Requisition of Property Act with that of the Town Improvement Act, we find that sections 5(1) 5(la), 5(6) and 5(7) and proviso to sub-section 7(e) of the former Act, correspond to section 93A sub-sections 4(a), 4(g) and 4(h......ent, and that decision is notified in the gazette under section 5(7) of the Act, when the property vests in the Government. The provisions are so clear, that no amount of casuistry can be called in aid to treat the proposal into an accomplished act. 17. Mr. Deputy Attorney-Gener......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
.... 2. The aforesaid case was started on a first information report lodged by one Haji Shamsul Haque Bepari at Mehandiganj Police Station, Barisal alleging that on 4.8. 1973 five persons armed with deadly weapons such as pistol and knives attacked his brother Saiduzzaman while he ......ent's Order No. 50 of 1972 (after its repeal on 9. 2. 1974 by the Special Powers Act XIV of 1974 (hereinafter referred to as the Act) can be tried under President's Order No. 50 (herein after called P. O. 50) as a pending case within the meaning of section 36(2) (b) of the Act and by virtue......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
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....nicipal areas there could not be any lawful extension of the Act under section 1 (2) of the Act and that in any view of the matter there could not be any retrospective operation of the notification so as to make the appellants liable for the taxes prior to the notification dated 16-2-64. T......7 of the Electoral College Act, 1964." After these amendments Section 1 of the East Pakistan Immoveable Property Tax Act, stood in the following form: "1. (1) The Act may be called the East Pakistan Urban Immoveable Property Tax Act, 1957. (2) It shall extend ......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)
....ot only in violation of the instructions of the Government Estate Manual, it has in fact the effect of destroying the plaintiff's hat. On these allegations the plaintiffs filed the suit and also prayed for interlocutory injunction against the Government and the Lessee-respondents. 3....... 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. ...... governing the grant of interlocutory injunction. Apart from the reasons given by the learned Judge, it is to be noted that the plaintiffs' grievance of injury, in substance, is one of a pecuniary loss. The loss alleged moreover is too remote. When a threatened injury could be compensated by mon..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....KB 171; Nakkuda Ali vs. Jayaratne (1951) AC 66; Rex Vs. Legislative Committee of the Church Assembly (1928) 1 KB 411; Malloch Vs. Aberdeen Corporation (1971) 1 WLR 1578—(1971) 12 All ER 1278; Morrison Vs. Abernathy School Board (1876) 3 R 945; Executive Committee for U.P. Warehousing Corporation ......ial leave is against a judgment of the Constitution Bench of the High Court Division. The respondent was first appointed on a temporary basis as a Deputy Director under the appellant which was then called 'East Pakistan Small Industries Corporation' and he was confirmed after 2 years of service ......ent of it by positive law was not in accord with the old authorities and was also based on a misunderstanding of the dictum of Lord Atkin, as expressed in Rex Vs. Electricity Commissioner, and a gloss put on it by Lord Hewart C.J. in Rex Vs. Legislative Committee of the Churche Assembly (1928) 1..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....are Thever, L.R. 74 LA. 264 same case 52 CWN 275 and AIR 1948 P.C. 12; T.B. Rama Chandra Rao, Vs. A.N.S. Rama Chandra Das, I.R. 49 IA 129 same case 26 CWN 713—AIR 1922 P.C. 80; Lenhon Vs. Gibson and Howes Ltd. 1919 A.C. 709; Secretary of State for India Vs. Chelikani Rama Rao, L.R. 43...... The land was requisitioned on 9-7-1960 by Additional Deputy Commissioner, Dacca, in L.A. Case No. 73 of 1959-60 under sub-section (1) of section 93A of the Town Improvement Act, 1953 (hereinafter called the Act) and acquired under clause (a) of sub-section (4) of section 93A by Government Order......possession whereas acquisition is permanent deprivation of both possession and title. Loss in the first case to the owner is temporary and partial, whereas in the latter it is total, but he suffers loss in either case to the extent of rent payable under the said Ordinance. Finding this diffi..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....4 of the Bangladesh Penal Code read with Part II of the Schedule to the aforesaid President's Order 8 of 1972 and Article 11 (d) of the said order and sentenced each of them to suffer rigorous imprisonment for ten years and to pay a fine of Tk. 10.000/- in default to undergo rigorous imprisonmen......nd Sher Ali Vs. The State, X D.L.R. 374 relied upon by the Counsel for the Appellant. Mazharul Hoque was put on trial on a charge under section 364 of the Penal Code on the allegation that he called away his neighbour and his class fellow named Serajuddin alias Kala Chand and thereafter Kal...... 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
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