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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. ......tice as contemplated in section 8 of the Act. 8. On the question of the Court's jurisdiction to entertain a pre-mature application, it was argued on behalf of the opposite parties relying upon a decision of the Calcutta High Court in the case of the Governor General of India in Council Vs. Bila..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. ......e meaning of the Article, and the appellant not having obtained a certificate under sub-section (2) of S. 66A of the Act cannot maintain this appeal. He has in support of his contention cited some decisions which will be considered presently. The second question raised by Mr. Hossain is that the..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)
....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. ......h the said Muzaffar Ali Khan was a necessary party in the pre-emption proceedings, which was not maintainable in his absence. 9. The learned Single Judge relying upon a Division Bench decision of the Dacca High Court in the case of Syed Abdul Karim and others Vs. Harendra Chandra D..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. ...... Kemaluddin Hossain, J. - This appeal is by special leave obtained by the appellant against the decision of the High Court Division dismissing the writ petition. The writ petition was directed ag..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....e a nullity. We find that the Single Judge in Tarangini Devi, following the authority to Puran Chandra, held the sale to be a nullity because of non-service of notice. We have already referred to the legislative interference to settle the conflicting judicial decisions on this question. In Purna C...... The first appellate court dismissed both the appeal and the cross-appeal. 3. The plaintiff alone took a second appeal to the Dacca High Court and a bench heard the appeal and concurred with the decision of court of appeal below with the modification that non-service of notice under section 7 o..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.......e High Court is liable to be set aside and the result would be that the appellant would remain the Mutwalli of the Wakf Estate as was decided by the learned District Judge, provided, of course, his decision was within the scope of his powers conferred by section 43 of the Ordinance. The learned 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. ......was not pressed. Hence, it was rejected. The High Court having found no substance in the appeal dismissed the same with costs. On further appeal to the erstwhile Supreme Court of Pakistan against the decision of the High Court, the said Court allowed the appeal, set aside the judgment of the High Co..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... 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. ......have ourselves fried to examine the question rather closely. 8. One of the basic principle underlying the judicial procedures followed in this country is the conclusiveness of the final decision of a Court in a suit or other judicial proceeding relating to a disputed question of right..Category: Property Law | Date: | Hits: 61
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....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. ......find from the enquiry report that relevant papers were placed before the Committee. Therefore, the question is one of adequacy and not absence of evidence, and this cannot be a ground to impugn the decision of a domestic tribunal. 4. Mr. Chowdhury next submits, with some vehemence, that o..Category: Labour and Industrial Law | Date: | Hits: 151
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. ......the 27th July, 1971 passed by the High Court, Dacca in Writ Petition No.60 of 1969 Judgment: K.Hossain J: This appeal is on leave granted from a decision of a Beach of the Dacca High Court, in a writ petition affirming the order of the Adm..Category: Property Law | Date: | Hits: 43
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. ......er and the recovery of the dead body has been clearly laid down by this court in the case of Hafez Abul Khair Vs. The State in Criminal Appeal No. 4 of 1975 of this court. Needless to say that the decision of this court is binding upon all the subordinate courts as well as upon the High Court. I..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. ...... High Court in revision. The learned Judge with reason has set aside the erroneous finding of the lower appellate court, and restored that of the trial court. We do not find any error in this decision of the High Court. 4. Before parting, however, we must observe that the learne..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. ...... the accusation and not by looking at the result of the trial. It is on the basis of what appears on the face of the accusation that the court may proceed to charge and try. We do not see how this decision supports Mr. Ali. The trial of the petitioner with other accused was not vitiated by ..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. ......dence to show that the appellant was all along with Pakistan Army from Sunday to Tuesday, the day on which the murder of Saimuddin was allegedly committed and that the appellant was a party in taking decision in murdering Saimuddin. It was thus urged that the impugned order of conviction under sec..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. ......e, and so the magistrate could not take cognizance of that offence. He commanded for quashing the proceedings. The learned Judge of the High Court referring to a large number of decisions, took the view that, when appellant was discharging his duties in the ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....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. ......ation as provided in the contracts signed by them. Thereafter respondent and appellant nominated arbitrators on 12.7.54 and 20.7.54 respectively. The arbitrators having failed to come to an unanimous decision even within a extended time appointed an umpire on 6.8.56. The umpire, on the disagreement ..Category: Business or Commercial Law | Date: | Hits: 86
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. ......ase proved. 7. Mr. Moinul Hossain referred to a decision in the case of Ali Ahmed Vs. State reported in (1962) 14 DLR (SC) 81 = 86 PLD 1962 (SC) 102 (105) but unfortunately it is found that this decision does not help him at all. On the other hand, the learned Deputy Attorney-General referred t..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....-crofts case (1882) 21 Ch. 519 (C.A.) in support of his contention. 9. For the proper appreciation of the question in its true perspective, it will be useful, we think, if we look at the several legislative changes in respect of the provision relating to setting aside a sale by an application m......said order, the learned District Judge of Pabna gave effect to the objection of Respondent No. 1 as to locus standi of the petitioners to apply for setting aside the sale and held, relying upon two decisions, one being of the Calcutta High Court in the case of Basanta Kumar Roy Vs. Charu Chandra P..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. ......nding over of its assets including Bank Accounts to Sajjad Hossain, the Managing Director of the Company. The Government of Bangladesh moved the Appellate Division of the Supreme Court against the decision of the High Court Division, in Civil Appeal No. 21 of 1975, but it was dismissed on con&sh..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....issioner appointed by a Court in Bangladesh shall be deemed td be a Civil Court in India for the exercise of necessary powers to execute his commission there. 14. These are legislative mandates given by the appropriate authority clothing the Commissioner,......olved the question of jurisdiction the matter should be reconsidered. It appears that this application was considered by a different Subordinate Judge, who, being of the view, relying upon the decision of the Supreme Court of Pakistan in the case of the Hanover Fire Insurance Company vs. Mis..Category: Civil Law | Date: | Hits: 108
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