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Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
.... Appellate Division (Civil) Present: A. M. Sayem CJ S. A. B. Mahmud Hussain J Ahsanuddin Choudhury J Kemaluddin Hossain J Debash Chandra Bhattacharya J Matilal Sikder & ors……... Appellants Vs. ......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. ..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....f the appellant. He held, the returning Officer wrongly counted 88 invalid votes as valid in favour of the appellant. After excluding invalid votes, he found the margin between the respondent Nani Chandra and the appellant 38, which was less than the invalid votes cast for the appellant. He ther......ing to him, this missing of ballot papers has taken place after the election. Post election factor can not relate back to nullify the anterior fact of election. The Tribunal ought not to have taken note of incomplete ballot papers, but proceeded on the presumption of regularity of official acts u..Category: Others | Date: | Hits: 101
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....y) of the Sessions Division, Rajshahi. 2. The prosecution case was that over Dayarompur Union Council affairs there were trouble and bitter feelings between Dr. Abdus Salam (deceased) on one hand and accused Azizur Rahman and respondent Golam Rabbani and their supporters or the other. Ac&...... retracted from their confession, the conviction of the four respondents could be based on the said retracted confession which was found to be voluntary and true. It is to be noted that co-accused Ebad, Wahed and Obedullah made only extra judicial confession while Ayezuddi..Category: Criminal Law | Date: | Hits: 80
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....ase is also Reported in: 29 DLR (SC) 246. ......n of the appellant as well as of Pakistan Army in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. ..Category: Criminal Law | Date: | Hits: 63
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....e Case is also Reported in: 29 DLR (SC) 211. ......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. ..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....ts. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......ct indicates that the legislature thought it proper in view of the decision in Asmatnnissa Begum Vs. Ashruff Ali, ILR 15 Cal. 488 (F.B.) to widen the scope of the section. It may be profitable to note the words that occur in rule 90, namely, 'a person whose interests are affected by the sale' ar..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....ed. Ed. ......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
.... Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M. Huq, Advocate on Record—For the Appellants. Khandkar Mahbubuddin Ahmed with S.A. Latif, Advocate—For the Respondents. K.A, Bakar, ......vision for such an arrangement. 17. The makers of Rules 298-311 of Part I of the Civil Rules and Orders relating to issue of commission or letter of request had not the opportunity of taking note of this circumstance, which was brought into existence long after the making of the said Rule..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....Vs. Shayama Pada Das, AIR 195' Cal. 771: Gurupadappa Basappa Vs. Krishiddappa Shivabasappa AIR 1954 Bom. 318: Kishan Chatu Bhu vs. Arjun Shankar, AIR 1954 Madhya Pradesh 429; Mst. Manabai vs. MST Chandan Bai, AIR 1954 Nag. 284, Hira Dei vs. Badhu Sahu, AIR 1954 Orissa 172; Basappad vs. Parwatamm......vision Bench of the said Court, relying upon 'Smriti Chandrika' which lays down that a Hindu widow inherits the property of her husband as the surviving portion of her husband, and also taking note of the enquiries embodied in Steele's Hindu Castes that it was a practice of a wife or a ..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. ..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....mstances of the case there shall be no order as to costs. Ed. ......e was pending before the Labour Court, a settlement was arrived at between the Company employer and the Respondent Union the representative of the members of the Union. 17. We may take note here of section 31(1) of the Labour Dispute Act, the relevant, provision of which is to t..Category: Labour and Industrial Law | Date: | Hits: 138
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....Mridha, 26 DLR (SC) 173 (dissented from by the present Supreme Court judgment): Tozammel Hossain vs. State, (1975) 27 DLR 36 and A.T. Mashood vs. State, (1975) 27 DLR 93 (stand over-ruled) Shaymal Chandra vs. State, Cr.M.C. No. 84 of 1974; Sabjee Aii vs. State, Cri. Rev, No. 470 of 1974; A.K.M. R......shy;tion 302/34 and the charge-sheet was submitted against them under the aforesaid sections they might be tried before a competent court under ordinary jurisdiction. 7. It may be noted there that the same bench of the High Court Division which decided the above two cases t..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....) All. E.R. 49; M/s Speed Bird Navigation Company and another vs. Bangladesh in (1975) 27 D.L.R. 170; Md. Rejaul Haque vs. Bangladesh m (1976) 28 D.L.R. 38. Lawyers Involved: M.H. Khandker, Senior Advocate, with Syed Mozaffar Hossain, Advocate, instructed by M.R. Khan, Advocate-......s. This is consistent with the ordinary concept of a village and a town; a village is regarded in general to comprise mainly an agricultural area with a sparse population, while a town generally denotes a comparatively concentrated population mainly of non- agricultural pursuits. 17. The..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
....or the Petitioner. K. A. Bakr, Attorney-General, with A. W. Bhuiyan, Assistant Attorney-General, instructed by B, Hossain, Advocate-on-Record—For Respondent Nos. 7-8. Khandker Mahbubuddin Ahmed, Advocate, instructed by Md. Shafiqur Rahman, Advocate —For Respon......at it was enrolled as wakf Estate with the Administrator of Wakfs, and that the wakf deed mentions the existence of the wakf. He held that the existence of the Wakf could be found from the official note of the Revenue authorities. He was of the opinion that the Government has failed to show ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....s Case is also Reported in: 29 DLR (SC) 41. ......or which Mr. Choudhury is not competent to issue such instruction his action was uncalled for. (iii) Case of M/s. Fatema 'Weaving Factory:- ''An application for allotment on which Mr. Choudhury notes as follows: - 'May be allowed'.............................. The action of Mr. Choudhury a..Category: Employment/Service Law | Date: | Hits: 170
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... Ed. ......fter on 24.7.1976. The Solicitor on 29.7.1976 referred the case to the Attorney-General for opinion. Subsequently, the file was placed for opinion before the Deputy Attorney-General who in his note dated 13.8.1976 opined in favour of filing a special leave petition. The file of the case with..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
.... 19 QBD-1; Cohence Moore Vs. Akesseh Tayee—A.I.R. 1935 P.C. 5 Hari Miah Vs. State—10 D.L.R. 123; Hari Miah Vs. State—11 D.L.R. (S)C) 368 same case P.L.D. 1959 S.C. (Pak) 307; Ramchandra Datta Vs. Jogesh Chandra Datt (1873) 19 W.R. 353; National Telephone Company Limited Vs...... the amending Ordinance of 1958 (East Pakistan Ordinance No. LXIX of 1958) section 93 A was inserted in the Town Improvement Act providing for special procedural rules for the Board. It may be noted that neither the Land Acquisition Act nor the Town Improvement Act, as originally enacte..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....appeal is, accordingly, disposed of. Ed. ......ge under section 364 of the Code against the appellant Sher Ali and as Sher Ali was already acquitted of the charge under section 302, his conviction under section 364 was illegal. It is to be noted that the learned Counsel for the State conceded that there could be no charge under section 3..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....le when. the law on this point is, settled and when the Government took the aforesaid decision in public interest. 5. Dr. M Zahir, learned Counsel entering caveat, on the other hand, submits that when the petitioner who contested the case before the Tribunal has not preferred......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ..Category: Administrative Law | Date: | Hits: 132
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....xercised by the trial Court in allowing the impugned formal and consequential amendment of the plaint. 7. Mr. SR Pal, learned Counsel appearing for the respondent, on the other hand, submitted that the plaintiffs kabala dated 24-3-64 shows that he has purchased only 0.08 1/4 ......rt Division in exercise of his revisional jurisdiction under section 115(1) of the Code of Civil Procedure has rightly set aside the order of the trial Court. 8. It is already noted that initially the plaintiff sought for declaration of his title to and recovery of possessio..Category: Property Law | Date: | Hits: 58