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Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... the ultimate control over its management and, in the ultimate analysis, it is they who are going to suffer for the loss of a very valuable property belonging to the company in consequence of the disputed auction sale. Reliance has been placed by the learned Counsel on this point on certain ob......for setting aside the sale under the provisions of Civil Procedure Code. 4. The learned Subordinate Judge by an elaborate judgment allowed the said application and set aside the auction sale holding that there was fraud and material irregularity in publishing and conducting the sale and tha..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....ithout any title, and that the Government as lessor had the authority to cancel the lease in terms of clause 16(1) of the lease deed. The maintainability of writ petition on the ground that a disputed question of title is involved was also set up. 4. The learned Judges of the High Co......not decide it. The real issue before the High Court was whether the Respondent in the aforesaid circumstances could be held to be an unauthorised occupant, and the Court was justified in holding that the Company cannot be termed an unauthorised occupant. 8. On the question of t..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....re such commission is to be executed, makes an order issuing a commission, such an order can be said to have been made without’ exercising proper judicial discretion. 15. It cannot be disputed that under the law as contained in the Code of Civil Procedure a Court in Bang......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. ......plinary proceeding. It was also held by the High Court that there is no allegation that the proceeding has been initiated malafide, and that the learned Subordinate Judge erred in law in holding that the balance of convenience and inconvenience was in favour of the plaintiff and c..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....e petitioner. On a Second Appeal to the High Court the learned Single Judge who heard the appeal dismissed the Second Appeal summarily relying upon the concurrent finding of the Courts below that the disputed land had been correctly described in the execution petition and was also sufficiently ide...... observation: "We do not think that there is any substance in this contention of the learned Counsel. There is, no doubt, some reference to certain structures in the description of the holding as given in the decree in question but the description is also with reference to survey num..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
.... 2. The predecessor-in-interest of the appellants along with respondent No, 13 brought the suit for recovery of possession of a property on a declaration of their title thereto. The disputed property belonged to one Ramchandra Malla, who died several years ago, leaving behind a wi......omulgation of the Act and taking notice of a Division 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 r..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....ition as of reclassification of the definition clause. 'Excisable article' before the amendment of 1937, is now reclassified as 'intoxicant.' The change, if at all, is one of terminology. It is not disputed that the earlier Rules framed in 1936 is applicable to the respondents. By mere reclassific...... Act which expressly empowers the Government, amongst others, to fix the spirit strength of medicinal preparation which is liquor within the meaning of the Act, and whether it is correct in holding the amendment of rule 15 ultra vires the Act. (2) Whether the High Court Division is ri..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....he Election Tribunal by its judgment overruled the objection of the appellant and others as to the maintainability of the petition in respect of the election of all the candidates in the disputed centre and declared that the election of Ward No. 3 of the said Union Parishad was complet......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)
....sed Trade Union and had been actively representing the cause of the workers of the Company, it was not, according to the strict provision of the Act, a. recognised Trade Union at the time when the disputed settlement was made. No other recognised Trade Union having been shown to have been i......ted by the Supreme Court of Pakistan to consider two questions, namely, (i) whether the agreement entered into by the Union was binding on its members and (ii) whether the High Court was correct in holding that the clerks working on Flats and towing Steamers and those working on Shore belonged t..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. ......ensation under the Act arises on the acquisition of the property. It is therefore the law on the date the property stands acquired is in force shall prevail. We find no justifiable reason for holding, that when the dispute for payment of compensation, or the reference is made, that the law ..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
.... main town itself with factories, new houses, roads, light etc ......." 45. The appellants in their affidavits-in-reply filed before the High Court do not appear to have seriously disputed the correctness of the aforesaid statements made by the Government of East Pakistan as......der Article 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..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....the subject. No doubt, some help could be obtained from section 42 of the Specific Relief Act. A legal character could be claimed and declaration obtained from Court under this section. It cannot be disputed that where a writ lies for a declaration of nullity a suit under section 42 of the Specific...... the well-recognised rule of construction of a status. 16. It would, however, be noticed that there is no reference to "Government Servant' or 'Public Servant' in Article 135. It is a person 'holding a civil post in the service of the Republic’ who is entitled to the protection provide..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....wn Improvement Act and the Land Acquisition Act. He says, in support of his contention that in the present case no tribunal has been constituted under the Act, either to arbitrate or adjudicate the disputed compensation payable for the properties acquired under s. 93A. He further says, s. 9...... my opinion, assessment of compensation made by the Land Acquisition Court under section 93A of the Town Improvement Act is not applicable, and the Bench of the Dacca High Court was correct in holding that the appeal preferred to it was incompetent. But at the same time I am also of the view..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. ...... filed a suit being Title Suit No. 157 of 1965 in the 6th Court of Munsif, Dacca against Azharuddin Ahmed, the predecessor-in-interest of the respondents for ejectment stating, inter alia, that the holding No. 43, Panch Bhai Ghat Lane within Police Station Sutrapur, Dacca originally belonged to on..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... conflicting views. On the other hand, the learned Attorney-General in course of his argument placed strong reliance on this decision saying that the principle laid down therein can hardly be disputed. It is thus necessary to consider whether the case before us has been rightly decided on t...... 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
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......Sonargaon PS Case No. 2 dated 4-3-1987 was registered as the first informant although investigation in respect of the incident in which Driver Siddique Bhuiyan alias Raja Mia died started with the holding of inquest of the dead body of the said driver, after query about the incident from the per..Category: Criminal Law | Date: | Hits: 74
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....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. ......sion in Writ Petition No. 6120 of 1997, A Division Bench of the High Court Division then after hearing the learned Advocates of both the sides by judgment dated 13th July, 1998 discharged the Rule holding that in view of Article 117 of the Constitution of the People’s’ Republic of-Ba..Category: Administrative Law | Date: | Hits: 132
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. ......ies Act, 1991 (XIV of 1991), Section 103 The bank is bound to comply with the condition on which it has accepted the deposit. The High Court Division were perfectly correct in holding that prima facie the bank where the money is deposited on the basis of the contract the Ban..Category: Civil Law | Date: | Hits: 112
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......nder the Special Laws by the courts as have been set up for trying the said special cases and not by the Court having general jurisdiction to try criminal cases under the Penal Code, and, as such, holding of trial of the offences in the special court and ordinary court cannot be considered beyon..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
..... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ......dgment and order passed by the High Court Division in Writ Petition No. 1093 of 1989 making the Rule absolute and declaring that the order of the Court of Settlement an, the enlistment of the case holding in the ‘Kha’ list of the abandoned buildings to be illegal and without any lawf..Category: Property Law | Date: | Hits: 57
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