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Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......n and that it was for purposes for which Wakf could be made but it was of the view that the Wakf was never acted upon, as Mokhlesur Rahman continued to deal with the property as if it was his personal property. In any event, the properties, which were sought to be dedicated, were not i..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......nd duties with which the Assistant Custodian of Enemy Property were invested for the purpose of preservation and management of the properties of alien enemies had statutory foundation and the legal personality of such an Assistant Custodian of Enemy Property was entirely distinct and different f..Category: Property Law | Date: | Hits: 93
.... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......h the story of possession followed by dispossession and is seeking eviction of defendants from the suit land. It is well settled that when a defendant is in possession, be could be evicted, only by person having a better title than he. In such suit, plaintiff can only succeed by proving his better..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......e People's Republic of Bangladesh and refusing to interfere with the judgment of an Election Tribunal which set aside the election of the appellant as Chairman of a Union Parishad and certain other persons, held under the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 and ..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......tion in the case of C.V. Raghavayya Vs. Chamria Talkie Distributors and another, A.I.R. 1958 Andhra Pradesh 31 where it has been held that the money deposited by a judgment-debtor with a third person for due performance of a contract by way of a security cannot be regarded as a moveable pro..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......lf. This power cannot be so utilised as to interrupt or divert the ordinary course of criminal procedure as laid down in the Code. 12. Ordinarily criminal proceedings instituted against an accused person must be tried under the provisions of the Code and the said proceedings should not be general..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 64
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......f the application which was served upon the opposite parties sufficiently conveyed the Applicant's request to the opposite parties to concur in the appointment of an arbitrator from among the three persons named therein and could therefore be deemed to be a sufficient notice as contemplated in sec..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....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. ...... case involves a substantial question of law as to the interpretation of the Constitution. Sub-clause (b) says that an appeal shall lie to the Supreme Court, if the High Court has sentenced a person to death or transportation for life; Sub-clause (c) provides that an appeal shall lie to the..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)
....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. ......-impleaded contiguous owners, whereupon the Court directed the contesting opposite party to furnish the said particulars. On 21.4.60 the contesting opposite party furnished the names of 8 persons who were, according to her, the contiguous owners who were not made parties in the sai..Category: Property Law | Date: | Hits: 54
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....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. ......bed manner is to be found in rules 2 to 9 contained in Schedule II of the Act. A reading of the rules shows that there must be an attempt to serve the notice directly on the certificate debtor in person. But there is also the alternative provision for service, by way of substituted service, if..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... 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.......der dated December 5, 1967 was the one under that section and the appeal to the learned District Judge therefrom was competent and within time, (3) that the learned District Judge did not act as a "persona designata" (4) that acknowledgment by the late Md. Amir Ali Mia of the respondent No. 1 as..Category: Trust/Waqf Law | Date: | Hits: 182
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. ......de 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 Miscellaneous case, staying further pr..Category: Property Law | Date: | Hits: 61
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....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. ......ry. 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 w..Category: Labour and Industrial Law | Date: | Hits: 151
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. ......ciate the point we are to refer to s. 32 of the Wakf Ordinance, which consists of five sub-sections, sub-section (1) says that the Administrator may, on his own motion, or on an application of any person remove a Mutwalli, for the four specified grounds set out in four clauses of that sub-s..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....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. ......some members, There was also enmity among them over distribution of some khas lands of Dayarampur Rajbari. Due to that enmity and bitter feelings the respondents along with other accused persons hatched a conspiracy to murder Dr. Salam. The prosecution case further was that Dr. Salam c..Category: Criminal Law | Date: | Hits: 80
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. ...... servant is said to commit the offence of criminal mis-conduct if he, by corrupt or illegal means or by otherwise abusing his position as public servnat, obtains for himself or for any other person any valuable thing or pecuniary advantage". 8. The concurrent finding..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....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. ......ho was examined as prosecution witness No. 4 but his veracity was extremely doubtful and as such was unworthy of belief and reliance. Section 34 provides that when a criminal act is done by several persons in furtherance of the common intention of all, each of such people is liable for the fact in..Category: Criminal Law | Date: | Hits: 63
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. ......idered in the case of Montario by the Supreme Court of India. 5. The Bombay decision is the most important, as all other decisions have referred to the dictum laid down by West J. The person concerned in the Bombay case was as Izphat-der i.e. a lessee of a village, who had under..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. ......Hossain, the learned counsel for the appellant contended that on the solitary evidence of the complainant the appellant should not have been convicted inasmuch as, it was not at all safe to convict a person on the lone evidence of the vitally interested son, namely the complainant. He also drew out ..Category: Criminal Law | Date: | Hits: 70
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