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Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
.... the appellants has contended that in view of the agreement between the stockist Firm and the Coal Controller the allegations made against the appellants, even if wholly believed, do not constitute any offence cognizable by a Special Judge appointed under the Criminal Law Amendment Act, 1958. Thos......ade the above observations 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 s......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)
....bhiti dwelling hut appellant Razzaque brought out a 303 rifle along with a magazine box containing 7 live cartridges and one fired cartridge which were seized as the appellants could not show any licence in respect of the incriminating articles. The Officer-in-Charge suo motu lodged a ......iate the trial. Section 342, Cr.P.C. provides:— "For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the Court may, at any stage of any inquiry or trial without previously warning the accused, put such questions to hi......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)
.... has contended that the service of notice as contemplated in section 8(2) of the Act is not a question of mere procedure but is of jurisdiction and that the condition precedent to the exercise of any power under the aforesaid provision of law, including entertainment of an application thereunder......minable at the commencement, not at the conclusion of the enquiry. The Court which examines the jurisdiction of another inferior tribunal must confine itself to asking whether at the preliminary stage of the proceedings, want of jurisdiction could have been established. Facts which cropped up ...... 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)
....gs answered the question, holding that the Tribunal was right in deleting the disallowance of Rs. 1l,563/- and was right in allowing deduction under s. 10(2) (v) and refrained from expressing any opinion on S. 10(2) (vi) of the Act. 7. The appellant obtained Special leave against the......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)
....udge observed in the judgment referring to the said argument that it was asserted by the applicants while impleading them as parties to the proceeding that the said persons had no interest in any of the contiguous lands, that they were impleaded only to meet the objection raised on behalf o......er 1, rule 13 and Order 8, rule 2 C.P.Code. Such rules are very much applicable in a suit for partition in the same way as in other classes of suits, and a party is precluded from taking at a late stage an objection as defect of party of which sufficient notice has not been given to the other si......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)
....he election void as a whole. 3. The appellant moved the High Court Division for the issue of a mandate in the nature of certiorari, but was unsuccessful. The High Court Division did not find any error apparent on the face of the record calling for interference. The appellant thereupon obta...... 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)
....bar of section 42 of the Specific Relief Act; the second is that, the High Court having accepted the concurrent findings of Title Suit no. 730 of 1962 was fraudulent and void and he did not acquire any title to the land on the basis of his alleged settlement, the Court was in error in the interp......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)
....the orders of the Administrator or Wakfs well as of the District Judge and ordered that the respondent No. 1 was to act as Mutwalli till his status was determined in a properly constituted suit, if any. The learned Judges found, inter alia, (1) that the order of the Administrator dated April 10, 1...... 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)
....sion of the properties. The plaintiff-responders who are the succession-in-interest of the mortgagor also stated that in view of the fact that the original mortgagee or the defendants had not brought any suit for foreclosure in terms of the mortgage deed the plaintiffs are entitled to a decree for...... material portions of those findings are as follows:— "The suit on the Kot-mortgage for redemption was resisted on a considerable number of grounds in the written statement, but at a later stage, it was submitted on behalf of the mortgagee that the main point in the case was whether the......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)
....pellant to sue as a pauper for setting aside the exparte decree passed in Title Suit No. 1000 of 1966 on 18-4-68 and the said application was registered as Miscellaneous Case No. 95 of 1975 without any examination of the said applicant in person. On the same day an order was passed in the said M...... 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
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....rved on the Mutwalli for his explanation against his removal. In this view of the matter the competency of the petition, before the Administrator for want of affidavit, does not call for any further consideration. 4. On the second question, Mr. Yeasin has tried to support the fi......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. ......ntion the case of Nuruzzaman Vs. The Secretary Education Department, Govt. of East Pakistan'(1965) 17 BLR 46 P. L. D. 1967 Dacca 179, where a Division Bench of the Dacca High Court, has held that a proceeding under section 32 of the Ordinance,, ii of a Civil nature and must be conducted in a man..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....that the confessional statements of the co-accused implicating the respondents were no evidence against them and that they may be taken into consideration only for the purpose of lending support to any independent evidence which by itself should be sufficient to sustain their conviction. The impu......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. ...... 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. Esaruddin and Tasiruddin who were returning from ..Category: Criminal Law | Date: | Hits: 80
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....inding on the High Court in revision. The learned Judge with reason has set aside the erroneous finding of the lower appellate court, and restored that of the trial court. We do not find any error in this decision of the High Court. 4. Before parting, however, we must obser......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......n Civil Revision No. 1458 of 1970) Judgment: K. Hossain J: The purchasers are the petitioners, and the leave petition arises out of a proceeding for pre-emption under section 96 of the East Bengal State Acquisition and Tenancy Act. ..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....lawyers fee from the District Council without asking the Contractor to deposit the same. Besides, the petitioner paid the Contractor a sum of Tk. 80,000/-by way of advance on 19-3-1965 without any running bill or any petition for advance. In doing so, the petitioner managed to secure office......, in the year 1934, concerned to find a discrepancy 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 Calc......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)
....nment officer and therefore a public servant and was on deputation on foreign service basis to serve the Chittaranjan Cotton Mills Ltd., as Administrative Officer and was nominated by the company as a member of the Board of Trustees of the Chittaranjan Cotton Mills Employees Provident Fund ...... 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. ......nt under section 197 of the Criminal Procedure Code. The Magistrate however proceeded with the trial and so the appellant moved the court of Sessions, Dacca for making a reference for quashing the proceedings for want of prior sanction of the Government for his prosecution. His further grou..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
.... Allahabad 23. In the first case under reference, namely Harack Chand Damni Vs. Ramsarup Lakkar (85 C.L.J. 232) the contract between the parties contained an arbitration clause to the effect that "if any dispute or difference arise in connection with the agreement the same shall be settled by arbi......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......in are borne out by those decisions. In Tikaram vs. Hansraj (A.I.R. 1954. Nagpur 241) it has been held that the mere presence of the word "shall" in para 2 of Schedule 1 does not necessarily mean in proceedings disregard of the requirement of the statute are null and void and the question whether..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....965) Judgment Debesh Chandra Bhattacharya J.- In this appeal special leave was granted by the Supreme Court of Pakistan to consider the question whether a share-holder of a private limited company has locus standi to apply under Order 21, rule 90 of the Code of Civil Procedure for setting asi......ng as the Company continues to exist, that is to say, before its dissolution, no share-holders can be said to have any interest in the properties and the assets of the Company in the sense that a wastage or frittering away of the assets might affect their rights to enjoy the profits and eventually...... judgment of the Court of Appeal at pp. 533-534 of the report: "A limited Company cannot in any other way make a return of capital, the sanction of a general meeting can give no validity to such a proceeding, and even the sanction of every share-holder cannot bring within the powers of the Compan..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....at this application was considered by a different Subordinate Judge, who, being of the view, relying upon the decision of the Supreme Court of Pakistan in the case of the Hanover Fire Insurance Company vs. Mis. Muralidhar Benechand, reported in (1955) 10 D.L.R. (S.C.) 136: P. L. D. 1958 S.C. 138......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. ......surance Company, that the Courts in Pakistan had no power to send their officers to a foreign country to taken evidence except under reciprocal arrangement between the countries recognising such a proceeding. The Supreme Court of Pakistan approved of the reasoning given by Rahman and Murshed, JJ,..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....ed that the learned Judges of the High Court following Noman's case, 16 DLR 537, ought to have held, that the Corporation, a nationalised organisation, could not, without framing Rules, start any disciplinary proceeding against the officer. We reserve our opinion on the correctness of ......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. ......; Kemaluddin Hossain J.- An employee of Bangladesh Jute Industries Corporation, against whom Corporation had started a disciplinary proceeding for alleged tampering with the rate of work in the tender form, filed a suit in th..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
.... destruction of all the structures standing on the suit premises. The Appellate Division dismissed the petition for special leave with the following observation: "We do not think that there is any substance in this contention of the learned Counsel. There is, no doubt, some reference to ......on without which it was stated in the said application, the decree could not be executed. The executing Court rejected the prayer for local investigation 01 the view that it was not necessary at that stage The High Court Division being moved under section 115 of the Code of Civil Procedure against t......(From the Judgment and Order dated 7-1-77 passed by the High Court in S.M.A No.28 of 1976). Judgment: D. C. Bhattacharya J.- This petition for special leave which arises out of an execution proceeding appears to illustrate the adage that the trouble of a decree-holder begins with the passi..Category: Tenancy Law | Date: | Hits: 89
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