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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. ......hy;tion that the land in dispute formed part of a Wakf estate of which the appellant, Mozaffar Ahmed is the Mutwalli and for khas pos­session thereof. The lands in dispute belonged to Mokhlesur Rahman who and his three bro­thers were recorded in the R. S. Khatians as korfa tenants. He, by..

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. ......1976) 65. ..

Category: Property Law | Date: | Hits: 93

Lal Meah, being dead his heirs Momena Khatun & others Vs. Haji Md. Ibrahim Meah & others, 1975, 4 CLC (AD)

.... 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. ......bai, 51 C.W N. 175, Narendra Vs. Rajendra, 45 C.W.N. 654 , Rai Kiran Chandra Roy Bahadur Vs. Srinath, Chakrabarti 31 C.W.N. 135, Kumar Rai Vs. Baraboni Coal, A.I.R. 1935 Calcutta 36, Jemarat Ali Vs. Rahman Sardar, 17 DLR 589, Pramatha Nath Vs. Kamir Mondal, 17 DLR (SC) 392. Lawyers Involved: ..

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. ......€¦...Appellant. Vs. The Election Co­mmissioner and others……..Respondents. Judgment November 24, 1975. Result: The Appeal is dismissed. Lawyers Involved: Shah Azizur Rahman with Latifur Rahman, Advocates, instructed by B. Hossain, Advocate-on-Record—For the Appell..

Category: Election Law | Date: | Hits: 122

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. ...... Lawyers Involved: Syed Ishtiaq Ahmed, Additional Attorney-General, with Mahmudul Islam, Assistant Attorney-General, instructed by A.W. Mallik, Advocate-on-Record.—For the Appellants. Ahmadur Rahman Khan, Advocate, ins­tructed by Md. Nurul, Huq, Advocate-on-Record.—For the Respondent. ..

Category: Alternative Dispute Resolution | Date: | Hits: 258

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. .......I.R. 1954, Calcutta 113; Mohammad Moslemali Molla Vs. Sk. Azharali P.K.R. 1957 Dacca 6; Tarangini Debi Vs. Govinda Mallik, 9 DLR 57; Purna Chandra Vs. Dinabandhu Mukherjee I.L.R. 34 Cal 811; Abtabur Rahman Vs. Madan Mia, 19 DLR 333; Tarangini Debi 19 DLR 57; Keramat Ali Vs. Mohammad Yunus, 15 DLR (..

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.......msingh vs. Basant AIR 1936 PC 93 and Adnikappu vs. Chandrasekhar. PIR 1948 PC 12. Muhammad Alladad Ismail Khan ILR 10 Allahabad 289; Saddique Hussain Khan Vs. Hashim Ali Khan, 43 IA 212, Syed Habibur Rahman Chowdhury Vs. Syed Altaf Ali Chowdhury. L.A.48 IA 114: 26 CWN 81 ILR 48 Cal 856: AIR 1922 PC ..

Category: Trust/Waqf Law | Date: | Hits: 182

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. ......on, Rajshahi. 2. The prosecution case was that over Dayarompur Union Council affairs there were trouble 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 b..

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. ...... order. 2. The prosecution case against them was that as Rajakars they collaborated with Pak Army and on 1st of Kartick, 1378 B.S. they along with 40/50 other Rajakars caught hold of Anisur Rahman, son of P.W. Bajitulla Gazi at Chapatola Bazar and took him to his village Noali wherefrom h..

Category: Criminal Law | Date: | Hits: 62

Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)

....th  as second appellate court and  a revisional court, except in certain well-defined exceptional circum­stances.  With this observation the petition is dismissed. Ed. ..............Petitioners. Vs. Mohammad Khodabaksh Sheikh... ……………Respondent Judgment June 30, 1977. Lawyers Involved: Abdur Rahman Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Petitioner. B,..

Category: Property Law | Date: | Hits: 44

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. ......o be noted that Contractor Hazi Mansur Ali faced the trial on charges under section 409/109 of the Bangladesh Penal Code and 5(2) of Act II of 1977/109 and Safiquddin, the then Secretary and Syedur Rahman, the then officiating Engineer of the District Coun­cil on the charge under section 5(2)..

Category: Criminal Law | Date: | Hits: 69

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. ......e trial court or the Appellate Court except in exceptional circumstances. In this connection reference may be made to the following obser­vation of the Supreme Court of Pakistan in the case of Abdur Rahman Vs. State (1961) 13 DLR (SC)—PLD 1960 (SC) 401: "This Court has on numerous occa­sions ..

Category: Criminal Law | Date: | Hits: 70

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. ......d. 84; Raghabachariar Vs. Murugesa Mudali AIR 1933 Mad. 635; Basanta Kumar vs. Mihirlal AIR 1968. Cal. 604; Manilal Mohan Lai vs. Sajdu Ahmad AIR. 1954 SC 349; S.M. Yousuf and another Vs. Kh. Hafizur Rahman and others  36 DLR 124. Lawyers Involved: Syed A.N.M.  Nasiruddin, Advocate-o..

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. ......bsp;           April 15, 1977.       Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M. Huq, Advocate on Record—For the Appellants. Khandk..

Category: Civil Law | Date: | Hits: 108

Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chow­dhury and others, 1977, 6 CLC (AD)

....ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......m J Haji Abdul Motalib Sowdagar...................Petitioner Vs. Faiz Ahmed Chow­dhury and others…………….Respondents Judgment March 22, 1977. Cases Referred to- Golamar Rahman vs. Sm. Emratannissa (1970) 22 DLR 126 ; PLD 1957 Dacca 372; A. Motaleb vs. Mst. Rezia 22 DLR..

Category: Tenancy Law | Date: | Hits: 89

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

....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. ...... Khondkar Mahbubuddin Ahmad, Md. Abdur Rouf, Advocate Khademul Islam Chowdhury, instructed by A. Rab-II Advocate-on-Record- For the Appellant. T.H. Khan, Sr. Advocate, with A.KM. Shafiqur Rahman, Advocate, instructed by M. R. Khan, Advocate-on Record—For Respon­dents No. 1 and..

Category: Others | Date: | Hits: 141

Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)

....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......; Sabjee Aii vs. State, Cri. Rev, No. 470 of 1974; A.K.M. Rabbani vs. State, Cri. Rev. 584 of 1974 affirmed—Qudrutullah VS. Bareilly Municipality, AIR 1974 SC 396; referred A. Malek vs. Abdur Rahman, (1976) 19 DLR3I8; Sona vs. State, (1970) 22 DLR (SC) 55. Lawyers Involved: Md..

Category: Criminal Law | Date: | Hits: 113

Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)

.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observa­tions, these petitions are dismissed. Ed. ...... J Serajuddin Bepari & ors……………………………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh and ors. ...........

Category: Civil Law | Date: | Hits: 106

Bangladesh Small Industries Corpora­tion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)

....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. ......ers coming up for decision before the Trans­port Authority which was to decide in accord­ance with what they conceived to be larger public interest. It was, however, noticed in the judgment of S A. Rahman, J. delivered in Messrs Faridsons Ltd’s case that the Judicial Commi­ttee of the Privy Cou..

Category: Employment/Service Law | Date: | Hits: 170

A.K.M. Muklesur Rahman Vs. Govt. of Bangla­desh, 1977, 6 CLC (AD)

.... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condona­tion of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ...... Division (Civil) Present: Syed A.B Mahmud Husain C J Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J A.K.M. Muklesur Rahman........................Respondent Vs. Govt. of Bangla­desh..................

Category: Criminal Law | Date: | Hits: 69