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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. ......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. ......954 S. C. 349 where it had been held that the Court would not invoke the inherent power to circumvent the mandatory provisions of the Code. 79. A Division Bench of the pre-constitution Bangladesh High Court had to consider the question of the applicability of section 151 of the Code f..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. ......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. ......ion (Civil) Present: Syed A.B. Mahmud Husain C J Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Bangladesh and another………………………&hell..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....ly made by his predecessor, issuing a commission for examination of two witnesses in India. 2. The appellants have instituted a suit in a Court of Subordinate Judge at Dacca for a declaration that a deed of exchange in respect of certain immovable properties, purported to be exe......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. ......ce Company vs. Mis. Muralidhar Benechand, reported in (1955) 10 D.L.R. (S.C.) 136: P. L. D. 1958 S.C. 138, that in the absence of a reciprocal arrangement between the Governments of India and Bangladesh regarding examination of witnesses on commission the Court had no jurisdiction to issue ..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. ......hellip;……………………………………………………..Petitioner. Vs. Bangladesh Jute Industries Corporation and others……………&hell..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
.... cited a decision of the Dacca High Court in the case of Golamar Rahman Sowdagar Vs. Sm. Emartannissa Begum, in (1970) 22 DLR 126 P.L.D. 1957 Dacca 372: where a decree for recovery of possession on a declaration of title was affirmed by the High Court on the view that the monthly tenancy in j questi......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. ......Second Appeal which was preferred by the petitioner to the Dacca High Court against the appellate decree mentioned above. The Second Appeal was dismissed the High Court Division of the Supreme Com of Bangladesh on 8-1-74. When after the disposal of the Second Appeal, the proceeding the execution cas..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....d husband's property on her remarriage. 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 di......nbsp; ......of Dacca High Court also has adopted the same reasoning in the judgment under appeal before us. 63. This Court had to examine in one of its recent decisions, Messers Amin Jute Mill Ltd vs. Bangladesh in the relative role of the preamble of an enactment in the interpretation of its enacti..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. ......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. ......w was not vitiated for want of any previous sanction of the District Magistrate under section 29 of the Arms Act as the 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 d..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....a receiver at a strength of about 42 per cent proof. After the distillation is over the licenced shall be permitted to take a duty-free sample not exceeding 22 ounces from a receiver for analysis and declaration of spirit strength of the disiillate. If the strength is found to be over 42 per cent, p......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......r as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....on 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 prayer made in the election petition for a declaration that the election of the appellant and Respondent No. 2 as Chairman and Vice-Chairman r......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. ......14 and 15 as members of the Union Parishad of the said Union. 6. Mr. Khondkar Mahbubuddin Ahmed, learned Counsel appearing on behalf of the appellant has submitted that having regard to the Bangladesh, Union Parishad and Paurashava (Election) Rules, 1973 the election of a person to a..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....hem. 5. Respondent Company thereupon moved the Dacca High Court under Article 98 of the late Constitution of Pakistan 1962 making these complainants respondent Nos. 3 to 20 for a declaration that the decision of the Labour Court in the Complaint cases referred to above had bee......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. ......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. ...... Supreme Court Appellate Division (Civil) Present: Syed A. B. Mahmud Husain CJ Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul K..Category: Property Law | Date: | Hits: 70
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. ......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. ......rate or Special Tribunal as contemplated under section 36(2)(b) of the Act In support of his argument the learned counsel relied upon a decision of Appellate Division in the case of solicitor. Bangladesh Vs. A T. Mridha reported in 26 D.L.R. 17 to show that a case which was pending with the..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
.... Provided that a declaration shall not be made (2) under clause (a) unless the Provincial Government is satisfied t......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......llip;…Appellant (In Appeal No. 6 of 1972). M/s Carpet Allied Products Ltd………………. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment Ma..Category: Fiscal/Taxation Law | Date: | Hits: 244
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. ...... 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. ......;…………………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh and ors. .............. Respondents (In C. P. No. 4/77) Judgment ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... judicial authorities in the matter as there is no direct law on 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......any and standing outside the ordinary framework of Central and Local Government. As an administrative device it has been used for very long years but it has in particular come into prominence after independence from the British rule and also liberation of Bangladesh. Its purpose is to enable som......: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....bsp; Mahmud Husain C J: This appeal by special leave is against a judgment of a Single Judge of the High Court Division passed in Civil Revision. 2. Respondent No. 1. filed a title suit for declaration that the order dismissing him as Grade-II Officer (2nd officer) in Janata Bank, Munshig......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. ......dent No. 1 who was an employee of a (The Appeal is being reported later on) statutory Corporation was governed by the law of Master and Servant, and whether in absence of any rule framed under the Bangladesh Bank (Nationalisation) Order, 1972 (President's Order No. 26 of 1972), the suit maintain..Category: Employment/Service Law | Date: | Hits: 70
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. ...... 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. ...... The Writ Bench of the High Court Division found that all the detention orders had been made with a view to preventing the detenu from acting in a manner prejudicial to the security or interest of Bangladesh or the public safety or the maintenance of law and order." 3. It was conten..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rt and the parties can proceed to litigate in the ordinary way to determine what their right and title to the property may be." 39. In the said case which arose out of a suit for declaration as to the title of a person who earlier obtained a judgment from the High Court on an a......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. ...... Appellate Division (Civil) Present: Syed A.B. Mahmud Hussain C J Ahsanuddin Chowdhury J Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 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. ...... 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. ......cle 11(d) of the said order before the Special Tribunal No. 2, Chittagong. The Tribunal by its judgment and order dated: 9th August, 1972 convicted the appellants under section 364/3|4 of the Bangladesh Penal Code read with Part II of the Schedule to the aforesaid President's Order 8 of 197..Category: Criminal Law | Date: | Hits: 61
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. ......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. ...... Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Dhaka...... ............Petition..Category: Administrative Law | Date: | Hits: 132
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