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Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....n which appellants are Defendants No. 6 and 7. 2. Respondents No. 1 to 8 instituted ParÂtition Suit No. 90 of 1965 in the Court of SubÂordinate Judge, Dinajpur on 13. 8. 65 for partition of the properties described in the scheÂdule to the plaint. It has been alleged in the plaint that the dis...... also Reported In: 28 DLR (AD) (1976) 65. ......mely (i) whether further proceeding in the suit was barred under section 83(2) of the Code of Civil Procedure without permission of the Central Government (ii) whether the Deputy Commissioner had any legal authority to join himself in the suit as plaintiff, as the Deputy Commissioner was not an Asst..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election CoÂmmissioner and others, 1975, 4 CLC (AD)
....tion as a whole void unless it is satisfied that the result of the election has been materially affected by reason of the irreÂgularity or the contravention of the Rules comÂplained of. 12. For proper appreciation the point, the relevant rules may be quoted as follows:— "60. Relief.—Th......Case is also Reported in: (1976) 28 DLR (AD) 51. ......” (1) A Tribunal shall, upon receipt of an election petition, give notice thereof to all the contesting canÂdidates and such other candidates against whom any allegation, if any, of any corrupt or illegal practice is made at the election to which the election relates. (2) The Tribunal shall, af..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....Code of Civil Procedure. Of the two questions posed, answer to the first will virtually settle the second. Let us therefore consider the first question. Section 60 of the Code gives a long list of properties with exceptions, which is liable to attachment and sale in execution of a decree. From t...... Appellate Division (Civil) Present: A. M. Sayem, C. J. Syed A. B. Mahmud Hussain, J. Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya. J. Bangladesh……Appellant. Vs. Mohd. Abd......he security holder created by the judgment-debtor. We are of the same view as expressed in the cited authorities. 23. The High Court does not appear to have correctly appreciated the legal position when it held that the security deposit could be attached and at the same time a..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....nally took delivery of lesser quantity mixed with earth and dust in the presence of Coal InsÂpector who supervised the delivery of the coal by the Firm .It was alleged that they did not do their job properly as they allowed the Firm to mix earth and dust in the cod and to give delivery of lesser qu......e case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......s would secure the ends of justice. If the criminal proceedings in question is in respect of an offence alleged to have been committed by an accused person and it maniÂfestly appears that there is a legal bar against the institution or continuance of the said proÂceedings the High Court would be j..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....ivision 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, Criminal Procedure Code and whether the appel......din Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1976 (From the Judgment and order dated 24-2-75 passed by the High Court Division in Criminal Appeal No. 330 of 197 3.......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. ..Category: Criminal Law | Date: | Hits: 64
Government of BangÂladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
.... 6. One of the objections which was seriously pressed at the time of the hearing was that the service of a copy of an application under secÂtion 8 of the Arbitration Act could not be taken to be a proper service of notice as conÂtemplated in section 8(2) of the Act and that since the service of ......ment of BangÂladesh & 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......ed to this device after the service of the notice of the case and it being done for the purpose of by-passing and forestalling the deciÂsion of the Court amounted to contempt of the Court and had no legal validity. 10. Overruling all the objections taken on behalf of the opposite parties, the le..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan CineÂma 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. ...... Ed. ...... so by implication, he says, the jurisdiction to the Supreme Court has been curtailed to grant special leave. The submission is wholly fallacious. The language of the Constitution, the highest legal document, cannot be governed or controlled by the language of subordinate legislation. ..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)
....s Vs. Harendra Chandra Dhupi and others, 14 D.L.R. 847, held that the said Muzaffar Ali Khan was a necessary party in the pre-emption proceeding and that in his absence the said proceeding was not properly constituted and on the said view of the matter made the rule absolute and dismissed the ap...... 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. ..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....ome ballot papers has resulted in the appellant missing 97, and respondent 826. And this has given rise to a knotty question in this appeal. The Tribunal however on evidence found that there was no proper counting, because of insufficiency of light. In support of his finding, he took into consid......ain J. Ayub Ali Howladar……………………..Appellant. Vs Election Tribunal Bagerhat, Khulna and others…...Respondents Judgment Nov. 20, 1975. &nbs......te and distinct, and it stands or falls on its own merit, Aggregate valid ballot papers will no doubt decide the result of election, but then the aggregate cannot be treated a unity. This being the legal position of ballot papers, non-production of some will not render the ballot papers produced..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
.... declaration only. The 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 plainÂtiff in that there was no proper service of ...... result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......te decree obtained by him in Title suit No. 730/62 on the basis of his settlement, has been found by the Courts below to be fraudulent and void. The defendant, therefore, has been found bereft of any legal title, or inteÂrest capable of protection under sub-section (3) of section 20. The High Court..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....le on July 1, 1969 set aside the orders of the Administrator or Wakfs well as of the District Judge and ordered that the respondent No. 1 was to act as Mutwalli till his status was determined in a properly constituted suit, if any. The learned Judges found, inter alia, (1) that the order of the A......however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......is powers as a Court or not; we may also consider its meaning before we refer to what a judicial decision or a court is. The expression 'persona designata' means "a person described in the statute or legal instruÂment by his official designation or a member of a class" (Vide AIR 1941 Patna 65 at 68..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....years; nevertheless, foreclosure of the kot-mortgage was not applied for. The mortgagee and after his death his heirs continued to posÂsess the mortgaged land and they are still in possession of the properties. The plaintiff-responders who are the succession-in-interest of the mortgagor also stated......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. ..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....ay pass an order staying the progress of collateral proceeding and also the question whether the impugned orders of stay of the execution case were correctly passed. 6. For a proper understanding of the questions involved in this case it is necessary to examine the nat......all, however, be no order as to costs. Ed. ...... 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. ..Category: Property Law | Date: | Hits: 61
The State Vs. Fazu Kazi alias Kazi Fazlur RahÂman and others, 1977, 6 CLC (AD)
....ccused persons was altered from section 302/34 to section 302/109 and their sentence of transportation for life was maintained. The leave was granted to consider whether the High Court properly appreciated the evidentiary value of the retracted confession as against co-accused a......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...... Wahed, Obedullah and Ayezuddin did not receive any corroboration from any evidence as regards the complicity of the respondents, in the occurrence of murder of Dr. Salam, There was, therefore, no legal evidence against the respondents except the retracted confessional statements of 4 co-ac..Category: Criminal Law | Date: | Hits: 80
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. ...... Ed. ......thout being accompanied by any running bill as is the normal practice. So by 10.4.1965 the Contractor was paid Tk, 2,08,000/00 in cash and including compensation for the acquired land and the legal expenses thereof a total sum of Tk. 2, 13,963/41 was paid whereas on completion of the work t..Category: Criminal Law | Date: | Hits: 69
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 withÂout, however, any order as to costs. Ed. ......e Division (Civil) Present: A.M. Sayem CJ MuÂhammad Abdullah Jabir J Ahsanuddin Choudhury J Abdur Rahim Afroze.......................................Appellant Vs. B. C. Aga and Co. Ltd. and others…………………… Respondents Judgment February 18, 1975. L......e trial court. 3. Special leave to appeal was granted to consider as to whether the appointment of the umpire made beyond one month from the latest date of the appointment of the arbitrators was illegal in view of para 2 of the First Schedule to the Arbitration Act when reference was to an even n..Category: Business or Commercial Law | Date: | Hits: 86
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate TribuÂnal 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. ...... Case is also Reported in: 29 DLR (SC) 211. ......…………(6) The High 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 discretio..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....nsider the question whether a share-holder of a private limited company has locus standi to apply under Order 21, rule 90 of the Code of Civil Procedure for setting aside an auction sale of immovable property belonÂging to the said Company. 2. Respondent No. 3, a private limited Company, was the......s. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......esult of a conspiracy. In support of this contention learned Counsel has referred to a certain passage from the principle of Modem Company Law by L C.B. Gower (1957) at pages 319-323 dealing with the legal nature of shares and also cited a Single Bench decision of the Punjab High Court of the Indian..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....dispossession of Respondent-Company from the plot with its assets and buildings as without lawful authority and of no legal effect, and have directed the restoration of possession of the property to the Respondent-Company. The subject matter is a plot of land No. 158/A-B Te......d. Ed. ...... declared the cancellation of a lease at Tejgaon Industrial Area and dispossession of Respondent-Company from the plot with its assets and buildings as without lawful authority and of no legal effect, and have directed the restoration of possession of the property to the Responden..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....n 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 executed in favour of Respondents No. 1 and 2 by Respondent No. 3, repr......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, ......operties, purported to be executed in favour of Respondents No. 1 and 2 by Respondent No. 3, representing himself as an attorney of the appellants and their two co-sharers, is void and without legal effect. The main allegation in the plaint is that the power of attorney, which was pu..Category: Civil Law | Date: | Hits: 108
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