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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. ......ment of Bang­ladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton, reported in (1835-42) All England Reporter 71......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

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. ...... Appellate Division (Civil) Present: A. M. Sayem CJ S. A. B. Mahmud Hussain J Ahsanuddin Choudhury J Kemaluddin Hossain J Debash Chandra Bhattacharya J Matilal Sikder & ors……... Appellants Vs. ......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. ......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

Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)

.... 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. ......ain J. Ayub Ali Howladar……………………..Appellant. Vs       Election Tribunal Bagerhat, Khulna and others…...Respondents Judgment Nov. 20, 1975.    &nbs...... 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. ...... 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. ..

Category: Others | Date: | Hits: 101

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. ...... result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......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. ......ee dated the 27th July, 1970 passed by the Dacca High Court in Second Appeal No. 1114 of 1997). Judgment Kemaluddin Hossain J.- In this appeal interpreta­tion of some of the provisions of the Public Demands Recovery Act, 1913 are involved. Facts material for the appeal are that dis­pute ..

Category: Property Law | Date: | Hits: 82

Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)

....la Mia, (1958) PLR Dacca, 1163 ; Anil Das and others Vs. Mostaque Ahmed, (1966) 18 DLR 86; IDBP (Bangladesh) Vs. M/s. Master Industries, (1974) 26 DLR 157 and Bangladesh Fisheries Society Ltd. Vs. Chairman, Labour Court (1975) 27 DLR 367. 10. As to the question whether the District Judge is a......however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295....... 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....... 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...

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. ......ision (Civil) Present: Ahsanuddin Choudhury J Fazle Munim J KM Subhan J Nuruzzaman Chowdhury…………………………………….Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 1977. Lawyers Involved: Mo......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. ......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. ..

Category: Property Law | Date: | Hits: 64

Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)

.... A. Chowdhury J K. Hossain J D.C. Bhattacharya J Fazal Munim J Bikash Ranjan Das…………............ Petitioner. Vs. The Chairman, Second Labour Court, Dacca and others..............Respondents Judgment Ju......in J D.C. Bhattacharya J Fazal Munim J Bikash Ranjan Das…………............ Petitioner. Vs. The Chairman, Second Labour Court, Dacca and others..............Respondents Judgment June 14, 1977. Lawyers Involved......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. ......o. 355 of 1975) Judgment:                  K. Hossain J: The petitioner is a dismis­sed employee of Public Jute Mills Ltd. He was an Office Assistant in the Labour Office of the Company. He was charg..

Category: Labour and Industrial Law | Date: | Hits: 151

The State Vs. Fazu Kazi alias Kazi Fazlur Rah­man and others, 1977, 6 CLC (AD)

....rouble and bitter feelings between Dr. Abdus Salam (deceased) on one hand and accused Azizur Rahman and respondent Golam Rabbani and their supporters or the other. Ac­cused Azizur Rahman become Chairman of the aforesaid Union Council by defeating Dr. Ab­dus Salam but Dr. Salam was trying ......in CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J The State.....................Appellant. Vs. Fazu Kazi alias Kazi Fazlur Rah­man and others .................Respondents. Judgment March 9, 1977 Cases Referre......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. ......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. ..

Category: Criminal Law | Date: | Hits: 80

Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)

.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......llate Division (Criminal) Present: Syed A.B. Mahmud Hossain CJ    Ahsanuddin Chowdhury J    Kemaluddin Hossain J Debesh Chandra Bhattachary J    Fazle Munim J      &nbs...... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ...... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ..

Category: Criminal Law | Date: | Hits: 62

K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)

....he Pabna Dis­trict Council a sum of Tk. 16,18,370/00 out of which Sadar Sub-Division of Pabna got Tk. 7,00,000/-. To utilise the said amount the District Council of which the petitioner was the Chairman took up some development sche­mes in a meeting held on 30-9-1964. One of ' the schemes...... Ed. ......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. ......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)

....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. ......se is also Reported in: 29 DLR (SC) 246. ......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. ......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

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. ...... Ed. ...... 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. ...... 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. ..

Category: Employment/Service Law | Date: | Hits: 81

Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)

....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. ......s. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......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. ......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

Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)

....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For   these reasons this petition is dismissed. Ed. ......d. Ed. ......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For   these reasons this petition is dismissed. Ed. ......w­ing any order of authority. When the General Manager, of the Company insisted upon the showing of the authority the Magistrate simply disclosed that he had been asked by the Minis­try of Public Works and Urban Development, to take over the properties of this Company by preparing an inv..

Category: Property Law | Date: | Hits: 57

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. ......nbsp;     Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M. Huq, Advocate on Record—For the Appellants. Khandkar Mahbubuddin Ahmed with S.A. Latif, Advocate—For the Respondents. K.A, Bakar, ......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. ...... for examination of a witness in India without any reciprocal arrangement between the two Governments in this regard. He has laid stress on what is said to   be the governing principle in Public International Law, which is that one State cannot take measure on the territory of another ..

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. ....... ......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. ......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. ..

Category: Procedural Law | Date: | Hits: 107

Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)

....nbsp;                                 ......J  D. C. Bhattacharya J       Fazle Munim J              Nurun Nabi Mondal and others………………………..Appellants ......nbsp;                                 ......nbsp;                                 ..

Category: Property Law | Date: | Hits: 59

Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)

....nch of the High Court Division rejecting summarily an application under Article 102 of the Consti­tution by which a judgment of the Election Tribunal declaring the election of the appellant as Chairman of the Union Parishad void at the instance of Respondent No. 1, who was a con­testant ...... Supreme Court Appellate Division (Civil) Present: Syed A. B. Mahmud Hussain CJ Abul Hayat Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J           Abul Haya......he Election Tribunal at Rangunia, Chittagong against Abul Hayat Chowdhury, the appellant and Respon­dent Nos. 3 to 25, who contested the election for the offices of Chairman, Vice-Chairman and Members of Ward No. 3 of Union Parishad No. 7 Betagi, Rangunia, Chittagong held on 29. 12. 73. The ......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)

....on and is competent to act in a representative capacity on behalf of its members. 12. Learned Counsel for the appellants has cited the case of Chittagong Mercantile Employees Association Vs. Chairman, Industrial Court East Pakistan, Dacca, (1967) 19 DLR SC 18—PLD 1966 SC 731 where t......stances of the case there shall be no order as to costs. Ed. ......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. ......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. ..

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. ...... Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul Khaleque and ors.................................. Respondents. (In C. A. Nos. 1 and 2 of 1975). ......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. ......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. ..

Category: Property Law | Date: | Hits: 70