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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. ......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. ..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. ......implication, he says, the jurisdiction to the Supreme Court has been curtailed to grant special leave. The submission is wholly fallacious. The language of the Constitution, the highest legal document, cannot be governed or controlled by the language of subordinate legislation. There i..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)
....ce has not been given to the other side, even in a suit for partition. But the trial of a suit or proceeding is subject to the well-recognised principle, which is calculated to advance the cause of justice, namely, that no court should pass a decree or make an order which is infructuous. A d......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
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... official designation. Now, before it can be determined whether he is a Court or a mere 'persona designata', it would be necessary to find what a Court is. Ordinarily, a Court means the place where justice is administered, but this word also means the person or persons who administer justice. ......the respondent No. 1 as his son, that did not establish that he was legitimate and as such this "acknowledgment is no acknowledgement in the eye of law; (2) that the Administrator considered the documents filed by the parties (3) that the appeal from the order dated December 5, 1967 was not co..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ...... in the Kot-mortgage deed takes effect from the 28th February, 1928, which is the date of the Solenama, or from the 13th October 1912, which is the date of the Kot-mortgage it is clear that any document of dates, subsequent to the 28th February 1928, in which these lands or any of them are m..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
...., the learned Subordinate Judge passed another order on 2-6-75, staying the proceeding in the Execution Case till the disposal of the aforesaid Miscellaneous Case on the alleged grounds of ends of justice and balance of convenience. 4. The High Court Division, being move under section 115...... 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. ..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. ......on 38 emphasises that the Administrator for the purpose of any enquiry shall have the power of a Civil Court, as regards enforcement of the attendance or examination of witnesses, or production of document, or the issue of commission for the examination of witnesses. Under s. 33, the A..Category: Property Law | Date: | Hits: 43
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ought to have been separately charged were joined together but the specific offences were satisfactorily proved by competent evidence, corroborated in all necessary respects and no mis-carriage of justice was caused, the irregularity was cured under sections 235 and 537 of the Code of Criminal P......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
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....r intention with common intention; the partition which decides "their bounds" is often very thin; nevertheless, the distinction is real and substantial and if overlooked will result in miscarriage of justice. On the other hand, the learned Deputy Attorney General argued that it was at the instance, ......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
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
.... does not necessarily mean in proceedings disregard of the requirement of the statute are null and void and the question whether it is so is in the main governed by consideration of convenience and justice. In United Printing vs. Kishori Lal (A.I.R. 1956 Cal. 593), Union of India vs. Allied Tr......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. ..Category: Business or Commercial Law | Date: | Hits: 86
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....of which Tk. 264/- was recovered from the appellant and the complainant already got that amount. In this view of the matter he submitted that the sentence has been extremely severe and that ends of justice will be met even if the sentence of imprisonment and of fine is considerably reduced. 9......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)
....oes not appear that either the auction purchaser or the judgment debtor having participated in the proceeding misled the Court in any way and a mistake was committed in consequence thereof, causing injustice to any of the parties. Nevertheless, the learned judge disregarded the specific provisio......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..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. ......ur of Respondent No. 3, who happens to be a son of Respondent No. 1 and the husband of Respondent No. 2, and on the basis of which the deed of exchange was executed and registered is a forged document. Respondents No. 4 to, 10 have been made defendants in the suit as they are alle..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......nbsp; ..Category: Property Law | Date: | Hits: 59
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....t Division, on account of two infirmities, namely, the absence of a proper election petition as contemplated in rule 56 of the Election Rules and the violation of the principle of natural justice for not impleading the successful candidates at the election which were declared void by th......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
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....erent footing and an action for reinstatement may be competent, notwithstanding the fact that the terms and conditions of the said office are regulated by a contract, because the principle of natural justice, audi altarem partem is attracted in such a case. The substance of this principle is expr......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
..... 9 of 1975 that an employee of a statutory Corporation does not come within the Master and Servant rule and is entitled to a show cause notice before his dismissal, whether there is any statutory justice rule or not, and also because of the cumulative effect of diverse legislative enactments hi......sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....fter all, it is to be remembered that all appeals in this Court and elsewhere exist merely by Statute and unless statutory conditions are fulfilled no jurisdiction is given to any Court of justice to entertain that." 27. A Division Bench of the Dacca High Court was confr......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. ..Category: Property Law | Date: | Hits: 135
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....rcumstances to award lesser punishment than death. The condemned prisoner accused had not come before the Court to say anything as to commission of such gruesome murder and he being a fugitive from justice and law no lenient, compassionate or sympathetic view can be taken so as to commute the se......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. ..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ..Category: Criminal Law | Date: | Hits: 59