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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. ......passing the said orders and summarily rejected the appellant’s application under section 115 of the Code of Civil Procedure. 5. Special leave to appeal was granted to consider the principle under which a Court may pass an order staying the progress of collateral proceeding ......ned by the appellant against Respondent No. 1 and 2 was stayed. 2. The appellant instituted a suit in the Court of the Subordinate Judge, Khulna being Title Suit No. 1000 of 1966 for specific performance of a contract for sale of land against Respondents No. 1 and 2, the t......holder should not be deprived of the fruits of his decree even though the correctness of the decree has been challenged or intended to be challenged in an appeal to a superior Court for final determination of the question. he Court concerned has no doubt been given discretion to stay the ex..Category: Property Law | Date: | Hits: 61
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ...... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......an, Senior Advocate with Md. Abdur Rahim, Advocate, Supreme Court, instructed by Abu Bakkar, Advocate on-Record.—For Petitioner. Not Represented—Respondent. Petition for special leave to Appeal No. 22 of 1976. (From the judgment and order dated 4.9.1975 pa......on should be separately considered.” It is regrettable that the learned Judges of the High Court Division failed to notice that the learned Trial Judge formulated four points for determination and the fourth point is as follows: "Did accused in furtherance of..Category: Criminal Law | Date: | Hits: 62
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ...... defence and the answers, if any, given by the accused may be taken into consideration. Admittedly, the appellant was, examined under section 342. The section is based apparently on the principle involved in the maxim "audi alteram partem" namely, no one should be condemned ......Senior Advocate with Khandker Mahbubuddin Ahmed instructed by A. Rob - (2) Advocate-on-Record—For the petitioner. Not represented— For the Respondents. Criminal Petition for Special leave to Appeal No.5 of 1977 (From the Judgment and Order dated 27 th August, 19......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... 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. ...... 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 the principle is to be found in the case of G.A, Montario vs. The State of Ajmir, by the Supreme ......; Judgment Kemaluddin Hossain J.- In this appeal the question of law involved is, whether the appellant who is a government officer and therefore a public servant and was on deputation on foreign service basis to serve the Chittaranja...... 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
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......supervisory and not appellate jurisdiction. One consequence of this is that the court will not review findings of fact reached by inferior Court or Tribunal, even if they be erroneous. This is on the principle that a Court which has jurisdiction over a subject matter has jurisdiction to decide wro......igh Court Division has rightly declined to interfere with the finding of the facts on extraordinary writ jurisdiction. In doing so the High Court Division did not commit any illegality which may call for interference………(7) The question of sentence is at the discretion of the convicting cour......merous occasions declared that it will not interfere with a legal sentence upon the view that the apportionment of the right sentence for a proved offence is a matter which should be left for final determination by the Courts of trial and first appeal. These Courts being much closer to the actual ..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......g Court had inherent power to set aside the sale which had been fraudulently held as a result of a conspiracy. In support of this contention learned Counsel has referred to a certain passage from the principle of Modem Company Law by L C.B. Gower (1957) at pages 319-323 dealing with the legal nature...... Sathiaram Nayar, AIR 1970 Kerala 95 ; Shyamlal Purchit Vs. Jagannath Roy, AIR 1969 Cal. 424; Charanjit Lai Chowdhury, Vs. Union of India AIR 1951 S.C. 14; Shaw & Sons (Salford) Ltd. Vs. Shaw, (1935) 2 K.B. 113 C.A.; Hanumat Gouda Vs. Chichi Giri Gouda Yogan Gouda.&......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....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. ......Division refused to exercise their revisional jurisdiction for interfering with the order of the learned Subordinate Judge on the view that the learned Subordinate Judge was correct in applying the principle laid down in Supreme Court decision, referred to above, to the facts of the instant case ......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. ..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....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. ......on, will entail that the plaintiff might be dismissed in "the meanwhile, and so will suffer an irreparable injury. The point is not sustainable on two grounds. In the first place it is a principle for the grant of temporary injunction that, if permanent injunction cannot be granted, te...... 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. ..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....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. ......o substance on the very face of it. But Mr. Khondker with great persistence tried to add some amount of plausibility to such a patently wrong proposition by reference to some case law and the English principle relating to a statutory tenant. 6. The basic contention of the learned Counsel that t......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. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ...... Bench decision of the Dacca High Court in the case of Saudamini Roy Malakar vs. Narendra Chandra Barman, in 4 D L.R. 492, dismissed the appeal holding that both under the Act as well as under the principle of Hindu law, a Hindu widow by her remarriage forfeited her right to her husband's proper...... Keri Kolitani, LR 7 IA 115: ILR 5 Cal. 776; 19 WR 367—13 BLR 1 (FB). Lawyers Involved: Md. Golam Rabbani, Advocate, instructed by B. C. Panday, Advocate-on-record—for the Appellants. Md. Yasin, Advocate instructed by Md. A. Aziz, Advocate-on-record—......able under certain circumstances during the life time of the widow, and is quite distinct from the ordinary notion of a proprietary right which is vested absolutely in an owner. The determination of such right on the remarriage of the widow, when she abandons her character as the..Category: Property Law | Date: | Hits: 59
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....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. ......med by the High Court Division, on account of two infirmities, namely, the absence of a proper election petition as contemplated in rule 56 of the Election Rules and the violation of the principle of natural justice for not impleading the successful candidates at the election which wer......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. ..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....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. ......e to be examined for finding out the answer to the question raised in this appeal. 13. For the proper appreciation of the question raised it is necessary to look into the basic principle underlying the various Labour Legislations of the modern times. The right of the employee......ent No. 1, and incorporated Company engaged in carrying passengers and cargoes by steamers, under Article 98 of the then Constitution of Pakistan, 1962. 2. The appellants who were formerly employees of the Respondent Company were retrenched by the Respondent Company in pursuance......rks thus became a labour dispute. The conciliation proceeding having failed the Respondent Union made an “application under section 6 of the Act to the Labour Court for adjudication and determination of the said labour dispute. The Union was acting in the dispute case in i..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....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. ......mmovable properly and says that whenever any immovable requisitioned properly is acquired, the owner shall be paid compensation, which shall be determined in the manner, and in accordance with the principles set out in the section. All the diverse provisions of the section need not be set out in...... the given date of acquisition was of the notice under section 93A (4) (a) or gazette notification under section 93A 4(h). 3. The Deputy Commissioner of Dacca assessed the compensation for the Chala land at the rate of Rs. 3,500/-per acre, and Rs. 2,800/- per acre for the Nal land. T...... 2,800/- per acre for the Nal land. The total compensation allowed by him was Rs. 46,368/-. The owners filed an application for the appointment of an Arbitrator as they did not accept the determination of the Deputy Commissioner. 4. At the hearing of the application, the d..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....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. ......ontended that the parliament had intentionally dropped such a case but the said contention was rejected. Ramaswami, J. who delivered the judgment observed as follows:— "The principle of this section is that unless a different intention appears in the repealing Act, any l......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. ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....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. ......r of decisions have been cited and references to various authorities have been made at the bar on behalf of both parties. It is not necessary for our present purpose to-refer to all of them, as the principles for the exposition of which the said decisions and authorities have been referred a......le 98 of the then Constitution of Pakistan by which certain notices issued by Respondent No. 2, the Assessing Officer, asking the said Companies to furnish returns in respect of their holdings for the purpose of imposition of tax under the East Pakistan Urban Immovable Property Tax Act,......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. ......eatened injury could be compensated by monetary compensation, the court will be slow to grant interlocutory injunction. Mr. Ishtiaq Ahmed's contention that the High Court Division has upon a wrong principle exercised its jurisdiction under s. 115 of the Code of Civil Procedure, in view......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. ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....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. ......order. 6. To appreciate the sole point for consideration, now that Mr. Attorney-General has conceded the question of maintainability of the Writ Petition under Article 102, we are to gather the principles from the leading judicial authorities in the matter as there is no direct law on the subj...... 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......rmed under the provisions of the Road Transport Corporation Act. 1950. It is not disputed that the appellant could not invoke the provision of Article 31 of the Constitution. The short question for determination in the appeal is whether the appellant was entitled to an opportunity to show caus..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....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. ......or any trial procedure or the character of the award or its enforcement, or appeal therefrom. The two enactments are in part materia and should be read together as one enactment, applying the principle of generalia specialibus non deregant. According to him, applying this maxim, we get that......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......nstituted under the Act, either to arbitrate or adjudicate the disputed compensation payable for the properties acquired under s. 93A. He further says, s. 91A provides in such contingency determination of compensation by the Court under the Land Acquisition Act. He says, the Act except ..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 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. ...... abduction punishable under section 364 of the Penal Code." 15. Having observed as above the High Court set aside the conviction and the sentence I of the appellant. In view of the principle laic down in the above mentioned cases the learned Counsel for the appellants strenuously......ted 19th June, 1975 passed by the High Court Division in Criminal Appeal No. 53 of 1975) Judgment: Ahsanuddin Chowdhury J: In this appeal by special leave, the point for consideration is (i) whether an offence under section 364 is cognate to an offence Under sectio...... 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
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....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. ...... any one of the account-holders or the survivor may operate the accounts. As a matter of fact in the modem banking system this practice is prevalent all over the world and the same is based on the principle that the deposit is made and the terms of operation is embodied in the form of contract o...... 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. ..Category: Civil Law | Date: | Hits: 112
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