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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. ......n made without unreasonable delay and (c) that security has been given by the applicant for the due performance of such decree or order as may ultimately be bi ding upon him. These provisions make it abundantly clear that ordinarily the mandate of the Court as contained in the de..Category: Property Law | Date: | Hits: 61
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....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. ...... his objection by affidavit or by calling evidence but nothing was done. The Administrator, therefore, manifestly failed to act judicially in not conducting the proceeding to the judicial norm. The provisions of Section 37 and 38 of the Wakfs Ordinance, 1962 read with the proviso to section 32(1)..Category: Property Law | Date: | Hits: 43
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. ......actions and as such they were all distinct offences which having been tried together the trial was vitiated by mis-joinder of charges. The learned Judge of the High Court having considered the provisions of section 235 of the Code of Criminal Procedure held that an accused might be charged w..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 Company. But the said Order clearly recited that the Company shall continue to be a company under the Companies Act and that subject to the Martial Law Order and the Rules made thereunder, the provisions of the Companies Act shall apply. The fluctuating details of the company's fortune need ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....rbitrators had either failed or had not cared to appoint an umpire as provided in para 2 of Schedule I, the arbitration was invalid. It was held that the provisions of para 2 of Schedule I are of mandatory character and in the absence of the appointment of the umpire the award made was invalid. ......test date of the appointment of an arbitrator was 20th July, 1955 and the umpire was appointed on 6th of August 1956. The appointment of the umpire, it was submitted, was made in violation of the provisions of para 2 quoted above. According to him this is a mandatory provision the violation of..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....ision of the Supreme Court of India in the case of Manilal Mohan Lal Vs. Sajdu Ahmed, A.I.R. 1954 S. C. 349 where it had been held that the Court would not invoke the inherent power to circumvent the mandatory provisions of the Code. 79. A Division Bench of the pre-constitution Bangla......egard to the impugned auction sale and contended, inter alia, that the petitioners being mere share-holders of the company had no locus standi to apply for setting aside the sale under the provisions of Civil Procedure Code. 4. The learned Subordinate Judge by an elaborate judgment all..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. ......s are ignored on the ground that such directions cannot override the provisions of the Code; but these directions are given by the learned Judges of the High Court in accordance with the provisions of the law concerned. It is true that such direction cannot override the provisions of l..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......tungini Gupta Vs. Ram Rutton Roy (1891) I.L.R. 19 Cal 289. It was, of course, not a case of a widow who had a customary right of remarriage but the case of one who remarried a Brahmo under the provisions of Act III of 1872 making a declaration that she did not profess Hindu religion. The que..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
.... provisions of article 2(4) and 7 of President's Order No. 50 of 1972 were invoked. But as the offence for which the appellants were put on trial concerned, the arms and ammunition it was mandatory to follow the procedure laid down in the Arms Act before the prosecution against the app......prosecution of the appellants was without jurisdiction. It was argued that the appellants faced the trial for an offence under section 19(f) of the Arms Act and for enhanced sentence the provisions of article 2(4) and 7 of President's Order No. 50 of 1972 were invoked. But as the ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ...... both the points are interrelated and interdependent upon each other, and it is appropriate that they are dealt with together and not separately. 3. To appreciate the points some of the relevant provisions of the Act may be set out for discussion. The specific rule making power is to be found i..Category: Fiscal/Taxation Law | Date: | Hits: 137
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. ...... and others 28 D.L.R. (A.D.) 51. 7. Mr. T. H. Khan learned Counsel appearing on behalf of Respondent No. 1. has, on the other hand, contended that having regard to the provisions of the Union Parishad and Paurashava Election Rules, any candidate can challenge the va..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. ...... holding that the Respondent Union had locus standi to enter into a binding agreement with the Employer Company on behalf of the appellants. Learned Counsel has drawn our attention to the provisions of sub-section (1) of section 35 of the Trade Union Act (East Pakistan Act. No V of..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. ......of the former Act, correspond to section 93A sub-sections 4(a), 4(g) and 4(h) and proviso to sub-section (5)(b)(1) of the latter Act. For convenience, we take up the consideration of the provisions of the Requisition of Property Act, and this consideration will govern the interpretatio..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. ......Moinul Hossein, learned counsel on permission sought by them also addressed us on the point of law involved in this appeal. Mr. Fazlul Karim contended that the High Court Division misconstrued the provisions of the saving clause in section 36(2)(b) of the Act inasmuch as after repeal of P. O. 50..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 East Pakistan was not competent to issue the Notification under the said section inasmuch as the Act omitted to specify the authority that could issue such a Notification. 3. The provisions of section 1 of the Act relating to its extent and commencement, as originally enacted, ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....to declare the statutory obligation of a statutory body. The Courts are invested with the power to declare invalid the act of a statutory body, if by doing the act the body has acted in breach of a mandatory obligation imposed by statute even if by making the declaration the body is compelled to d......1964). It has also been held that section 50 of the D.V.C. Act, 1948 which provides that the employees of the Corporation "shall be deemed, when acting or purporting to act in pursuance of any of the provisions of the Act to be public servants within the meaning of section 21 of the Indian Penal C..Category: Employment/Service Law | Date: | Hits: 170
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ......ect that he was engaged in prejudicial act encouraging "and inciting interference with the administration and maintenance of law and order in the locality and thereby violated the provisions of sub-clause (d) of clause 4 of Article 2 of President's Order No. 50 of 1972. It..Category: Criminal Law | Date: | Hits: 69
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. ......l be an award of the tribunal and not a court subordinate to the High Court in terms of s. 115 Civil Procedure Code. He has further elaborated his argument by reference to various provisions of the Town Improvement Act and the Land Acquisition Act. He says, in support of his con..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......ortnight of the date on which such rent becomes due or from the expiry of the time within which such rent is required to be paid under sub-section (5) of section 18. In the above quoted provisions of section 19 of the Ordinance reference has been made to sub-section (5) of section 18...Category: Tenancy Law | Date: | Hits: 76
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. ......e of their collaboration and in furtherance of their common intention committed murder of Md. Yusuf Ali. Accordingly, they were charged under section 302/34, Penal Code read with the relevant provisions of President's Order No. 8 of 1972. There was no accusation or charge against the appell..Category: Criminal Law | Date: | Hits: 61
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