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Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....issioner, Chairman or Vice-Chairman of a Union Parishad or Pourashava, as the case may be. Election, therefore, means to be the final act of selection of a Person for a particular office and this right to office is ascertained on the basis of the highest aggregate number of votes which a candida......nder the Union Parishad and Pourashava (Election) Rules in respect of Bechali Union Parishad within the Sub-Division of Narail in the district of Jessore and the appellant contested the said election for the office of Chairman of the said Union Parishad, which was held on 21. 12. 73. The appella......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. ......declaration: (a) That the election of any returned candidate is void and that the petitioner or some other person has been duly elected; or (b) That the election as a whole void. 62. The trial of petition.— (1) A Tribunal shall, upon receipt of an election petition, give notice thereo..Category: Election Law | Date: | Hits: 122
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....he present case, in our view, should be proceeded with to ensure that the course of even handed justice is not interrupted. For reasons considered above we are of the view that the High Court has rightly refused to quash the proceeding in exercise of powers under section 561A. These appeals a......ent of the Coal Controller at Patenga. Appellant Sarwaruddin of Appeal No. 29 is an Inspector in the office of Coal Controller. As per agreement between the stockist firm and the Coal Controller, the former was to deliver coal on permits issued by the latter. A Permit No. 63/3138 for fifteen hundred......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. ......there is legal evidence appreciation may not support fact in question. In exercising the under section 561A the High Court embark upon an enquiry is 10 evidence in question. We or the function of the trial Magisterial angrily it would not be open to a invoke the High Court’s inherent and of the ev..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....tances there is nothing to show that the examination of the accused under section 342, Cr.P.C. in a concise manner prejudiced them in any way. "We are of the view that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. ......der dated 24-2-75 passed by the High Court Division in Criminal Appeal No. 330 of 197 3.) Judgment: Ahsanuddin Chowdhury, J.—In this appeal by special leave the point for consideration whether there has been a proper compliance of the requirements of section 342, Cr......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. ......per compliance of the requirements of section 342, Criminal Procedure Code and whether the appellants have been prejudiced thereby. 2. Appellants Abdur Razzaque and Altaf Hossain were put on trial on the charge that they kept in their possession some arms and ammunitions &n..Category: Criminal Law | Date: | Hits: 64
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....rder 1, rule 9 that no suit shall be defeated by reason of the mis-joinder or non-joinder of parties, and the court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it and rule 13 of the said Order provides that ......f Dacca High Court setting aside a concurrent order allowing pre-emption by the two courts below under section 96 of the East Bengal State Acquisition and Tenancy Act and dismissing the application for pre-emption filed by the appellants before us. 2. The appellants initiated the proceed......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. ......tion, however, they might be impleaded as parties; and thereafter the said 8 persons were impleaded as proforma Opposite-parties No. 89 to 96. 5. At the time of the hearing before the trial Court, only two points were pressed, namely, whether the petitioners were the owners of the c..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....he appellant increased instead of decreasing. 7. Mr. B. N. Chowdhury for the respondent Nani Chandra argues, that each ballot paper is an independent piece of evidence, and therefore rightly admitted into evidence and if from the ballot papers produced a margin of difference decisi......id votes as valid in favour of the appellant. After excluding invalid votes, he found the margin between the respondent Nani Chandra and the appellant 38, which was less than the invalid votes cast for the appellant. He therefore concluded that the result of the election was materially affected f......ould not be produced by the election authority, and none of the parties to the proceeding is responsible for their non-production and even though the missing of the ballot papers is post election affair, yet what is the duty of the election Tribunal to deal with the problem in such circumstances...... respondent Nani Chandra could act upon the ballot papers; Third, Whether the Tribunal in compliance with rule 61A followed the prescribed procedure of the code of Civil Procedure in conducting the trial. On a notice from the Division, the learned Attorney-General has appeared and we had had the ..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....ntiff who had mutated his name in the Government Acquired Estate, found that the defendant on the basis of an ex-parte decree in Title Suit No, 730/62, had got his name entered in the record of rights. Defendant got the ex-parte decree, as his name was omitted from the record of rights. His cl......ond 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 between plaintiff appellant, Golam Hafez Mia, and defendant respon......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. ......he suit was contested on various grounds; one was, that the plaintiff did not acquire a valid title in the certificate sale, and the other was that he was not in possession of the property. 2. The trial court held against the plaintiff in that there was no proper service of certificate of notic..Category: Property Law | Date: | Hits: 82
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....hat if the principal money was paid within 8 years the possession of the mortgaged land would be given back to the mortgagor or to his successors-in-interest. In default, the mortgagee would have the right to foreclose. The principal money was not, however, paid within 8 years; nevertheless, foreclo......ted as follows:—Respondent Nos. 1 to 14 filed under rules 7 and 9 of Order XXXIV of the Code of Civil Procedure, a suit being O/S No. 49 of 1945 in the Second Court of Subordinate Judge, Chittagong for redemption of a kot-mortgage. Their case was that Mohammad Ashraf Chowdhury, their predecessor......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. ......nciple laid down in the section 98 of the Evidence Act that parties should not be allowed to travel beyond the contract embodied in the deed of kot-mortgage and adduce evidence in support of the fact trial the land mentioned in schedule I (kha) to the plaint were in fact the subject matter or the ko..Category: Property Law | Date: | Hits: 64
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....sing accused himself resiled from them as has been observed in Maqbool Hussain’s case. 8. The learned Judges of the High Court having found the other evidence not at all reliable rightly held that the conviction and the sentence of death passed on the respondents could not...... 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 to become Ch......f the charge under section 302/34, Penal Code; in Sessions Trial No. IV of 1968 (January) of the Sessions Division, 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 ac......y has seen the respondents going in great haste towards west with a potla (bundle) in the hand of respondent Fazu Kazi and that their wearing cloths were wet. 3. The respondents were put on trial on two charges, namely under section 120-B along with 13 others for conspiracy to murder Dr. ..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. ......an, Senior Advocate with Md. Abdur Rahim, Advocate, Supreme Court, instructed by Abu Bakkar, Advocate on-Record.—For Petitioner. Not Represented—Respondent. Petition for special leave to Appeal No. 22 of 1976. (From the judgment and order dated 4.9.1975 pa...... 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. ......High Court Division in Criminal Appeal No. 150 of 1973.) Judgment: Ahsanuddin Chowdhury J: The petitioner along with one Akkas AH Dafadar faced a trial on three charges viz. under section 148 read with Article II(c) of Bangladesh Collaborators (..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. ......nvolved: Abdur Rahman Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Petitioner. B, Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Special leave to appeal No. 153 of 1977. ( From the judgment and order dated the 9th No......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......cation for pre-emption. The Kabala was registered on 38-1-67, and the application for pre-emption was made on 15-4-68, and the respondent claimed, that he got knowledge of the sale on 15-3-68. The trial court on consideration of evidence believed the case of the respondent, and allowed the appl..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....n any valuable thing or pecuniary advantage". 8. The concurrent finding being that the petitioner obtained pecuniary advantage for the Contractor, the former was rightly found guilty under section 5(2) of the aforesaid Act. Sub-section (2) of section 5 of the A......Senior Advocate with Khandker Mahbubuddin Ahmed instructed by A. Rob - (2) Advocate-on-Record—For the petitioner. Not represented— For the Respondents. Criminal Petition for Special leave to Appeal No.5 of 1977 (From the Judgment and Order dated 27 th August, 19......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. ......7 th August, 1976 passed by the High Court in Criminal Appeal No.3 of 1969) Judgment: Ahsanuddin Chowdhury J: The petitioner K.M. Zaker Hossain faced a trial in the Court of the Special Judge, Pabna on two charges namely, under section 409 of the Bang..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....fted by the Pakistan Army with whom the appellant actively collaborated and that he was also present when Saimuddin was murdered. The learned Deputy Attorney General, therefore, argued and we think rightly, that it cannot be said that the conclusion arrived at by the trial Court as well as by the ......g the order of conviction and sentence passed under section 302/34 Penal Code against the appellant by the Special Tribunal No. 1, Bogra. 2. The appellant along with 11 others were put on trial before the aforesaid Special Tribunal on charges under section 302/34 Penal Code read with Article 1......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. ......affirming the order of conviction and sentence passed under section 302/34 Penal Code against the appellant by the Special Tribunal No. 1, Bogra. 2. The appellant along with 11 others were put on trial before the aforesaid Special Tribunal on charges under section 302/34 Penal Code read with A..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. ......; Judgment Kemaluddin Hossain J.- In this appeal the question of law involved is, whether the appellant who is a government officer and therefore a public servant and was on deputation on foreign service basis to serve the Chittaranja...... 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. ......e surrendered to the court and obtained bail on 13-2-71, and the case was then transferred to a Magistrate, 1st Class for disposal. The appellant then filed an application contending that his trial cannot proceed without the sanction of the Government under section 197 of the Criminal ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
.... an umpire was not an illegality but a mere irregularity which could be waived by the parties and in the absence of the appointment of an umpire the party making a grievance could have availed of its right under section 8(1)(c) by calling upon the arbitrators within the statutory time to appoint an ......l No. 133 of 1965 affirming the judgment and decree passed by the Subordinate Judge, First Court, Chittagong in other suit No. 17 of 1958 in terms of an award. 2. The circumstances leading to the aforesaid suit are as follows B. C. Aga & Co. (hereinafter called the respondent) while carrying on b......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. ......urt. The appellant contested the award and sought to have it set but a decree was ultimately passed in to of the award. On appeal, a Division Bench of the High Court affirmed the decree passed by the trial court. 3. Special leave to appeal was granted to consider as to whether the appointment of ..Category: Business or Commercial Law | Date: | Hits: 86
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
.... 1872), Section 134. Conviction can be based on the solitary evidence of a witness, of course the veracity of the witness is not tainted in any manner…………(6) The High Court Division has rightly declined to interfere with the finding of the facts on extraordinary writ jurisdiction. In d......igh Court Division has rightly declined to interfere with the finding of the facts on extraordinary writ jurisdiction. In doing so the High Court Division did not commit any illegality which may call for interference………(7) The question of sentence is at the discretion of the convicting cour......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. ....... He was accompanied by a cooly who was carrying the cigarettes and another shopkeeper named Harunur Rashid. The police after investigation submitted a charge sheet when the appellant faced the trial before the Special Tribunal under section 392, Bangladesh Penal Code read with section 28 of t..Category: Criminal Law | Date: | Hits: 70
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....onversion of a proprietorship concern into a private limited company, is a case of succession or a transfer of the title. No doubt this is a question of title, and the High Court rightly did not decide it. The real issue before the High Court was whether the Respondent in the ......e, instructed by S.S.Hoda. Advocate-on-Record.—For the Respondent No. 1. Not represented—Respondent Nos. 2—8. Civil Petition for Special Leave to Appeal No. 73 of 1977. (From the Judgment and Order dated the 24th Nov......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. ...... leave-petition at the instance of petitioners, Bangladesh and another, arises out of a writ petition wherein a Bench of the High Court has declared the cancellation of a lease at Tejgaon Industrial Area and dispossession of Respondent-Company from the plot with its assets and build..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....n the respective countries, was needed, the agreement of the Indian Government as contained in the letter of its Deputy High Commissioner at Dacca, was precisely the said kind of agreement, as was rightly held by the learned Judges of the Dacca High Court in their order refusing leave to appeal ......ivision refusing to interfere, in exercise of its revisional jurisdiction, with an order of a Subordinate Judge setting aside an order previously made by his predecessor, issuing a commission for examination of two witnesses in India. 2. The appellants have instituted a suit in ......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. ......the case of The Hanover Fire Insurance Co. vs. Mis. Muralidhar Benechand came up before a Division Bench (Ispahani and Badiuzzaman, JJ.) of the Dacca High Court in revision against an order of the trial Court issuing an open commission to examine a witness in India it was argued before the ..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....ranted, will be incalculable and irreparable, affecting the smooth working of the organisation, and it may very likely affect the national economy as well. The learned judges of the High Court rightly held that the lower appellate court was wrong in holding that the balance of convenience an...... Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by S.M. Huq. Advocate-on-Record.—For petitioner. Not represented—For the Respondents. Civil Petition for Special Leave to Appeal No.57 of 1977. (From the Judgment and Order dated the 28th Jan......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. ......of the Corporation to draw the disciplinary proceeding against him without jurisdiction, and prayed for temporary injunction. This leave petition is sequel the prayer for temporary injunction. The trial court granted the temporary injunction, and the first appellate court affirmed the order. On ..Category: Procedural Law | Date: | Hits: 107
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
.... singly, allowing a Second Appeal and dismissing the plaintiff's suit. It raises the question as to whether under the Hindu Widow's Remarriage Act. (Act XV of 1856) a Hindu widow forfeits her right to her deceased husband's property on her remarriage. 2. The predecessor-in-interest o...... Keri Kolitani, LR 7 IA 115: ILR 5 Cal. 776; 19 WR 367—13 BLR 1 (FB). Lawyers Involved: Md. Golam Rabbani, Advocate, instructed by B. C. Panday, Advocate-on-record—for the Appellants. Md. Yasin, Advocate instructed by Md. A. Aziz, Advocate-on-record—...... be referred to: ''.......the preamble is a key the statute and affords a clue to the scope of the statute, when the words construe by themselves without the aid of the preamble are fairly capable of more than one meaning. There is however another rule or warning which cannot be ...... custom of remarriage in the community to which the Mallas belonged there was no forfeiture of the property she inherited from her husband on account of remarriage. 4. It was argued at the trial Court on behalf of the defendants, relying upon a Full Bench decision of the Allahabad High C..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ......der dated 24-06-74 passed by the High Court Division in Criminal Appeal No. 297 of 1973) Judgment Ahsanuddin Choudhury J.- In this appeal by special leave the point for consideration is whether the trial held against the appellants for an offence under Article 2(......e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ......High Court Division in Criminal Appeal No. 297 of 1973) Judgment Ahsanuddin Choudhury J.- In this appeal by special leave the point for consideration is whether the trial held against the appellants for an offence under Article 2(4)(a)(i) of President's Order No. ..Category: Criminal Law | Date: | Hits: 63
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