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Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......ppellant Company having failed to obtain any relief against the said imposition of duty from the Collector of Customs and the Central Board of Revenue moved the High Court of East Pakistan in Writ jurisdiction for a declaration as aforesaid but the High Court by its order dated 1-12-1969 rejecte..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......was passed, the application purported to have been made under section; 47 of the Code of Civil procedure was not maintainable arid as such the order allowing the said application was passed without jurisdiction. 5. On this question arguments of counsel of both sides were heard. Besides, M..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......not interfere with such a finding merely because it appears to the said Court that there was an error in appreciation of the evidence on record, however; gross it may be. This view of law as to the jurisdiction of the High Court as the Second appellate Court was enunciated by the Judicial Committe..Category: Tenancy Law | Date: | Hits: 68
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. ......on No. 962 of 1967) Judgment Debash Chandra Bhattacharya, J.—This appeal by special leave is against an order of a Division Bench of the Dacca High Court refusing to exercise its revisional jurisdiction to interfere with an order of appointment of a receiver under Order 40 rule 1 of the Co..Category: Property Law | Date: | Hits: 93
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. ...... This point has not taken by the appellant before the High Court Division nor has it been taken before this Division, presumably because he is not interested in it, but as the question relates to the jurisdiction of the Election Tribunal in making the impugned order and is of great public importance..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......he executing Court under Order 21 rule 46B CP. Code in compliance with which the entire deposit money was brought into Court for satisfaction of the claim of the decree-holder was patently without jurisdiction. 32. In view of the conclusion we arrive at, namely that the attachment will s..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....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. ......necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." 9. The High Court has, in view of its general jurisdiction over all the criminal courts subordinate to it, inherent power to give affect to any or..Category: Anti-Corruption Laws | Date: | Hits: 225
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. ...... 1969). Judgment: D.C. Bhattacharya, J.—This appeal by special leave is against an order of a Division Bench, of the Dacca High Court refusing to interfere in exercise of its revisional jurisdiction, with an order made by the First Court of Subordinate Judge, Dacca appointing an Arbi..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. ......he Constitution of 1962. For our purpose Articles 58, 60 and 255 are material. Article 58 consists of three clauses. Clause (1) says that the Supreme Court, subject to this Article, shall have jurisdiction to hear and determine appeals from judgments decrees, orders or sentences of a High Co..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. ......aid Court, an application was filed on behalf of the petitioners praying for a consideration of an additional ground which was as under: "For that the Courts below acted without jurisdiction in allowing pre-emption though the pre-emption case is not duly constituted due to wa..Category: Property Law | Date: | Hits: 54
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.......of Pakistan granted leave to consider the following contentions raised by the appellant: (1) acknowledgment by itself is no proof of legitimacy, (2) High Court in exercise of its revisional jurisdiction could not set aside the findings of the fact arrived at by the District Judge, and (3) ..Category: Trust/Waqf Law | Date: | Hits: 182
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....use of justice or prevent an abuse to it’s process. 17. The authority which has been given to a Court under Order 21, rule 29 of the Code, to stay an execution proceeding is no doubt, discretionary and there are no express provisions in the rule making the use of such authority subj......rule 1 of the Code, the said suit, on the face of it, is not maintainable and the learned Subordinate Judge trying the Respondent's application under Order 33, rule I of the Code exceeded his jurisdiction in staying the execution proceeding till the disposal of the Miscellaneous case under ..Category: Property Law | Date: | Hits: 61
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. ......r of the Court of appeal before and restored that of the trial court. 3. Mr Rahim, learned Counsel of the petitioner contends that the learned judge of the High Court was not within his jurisdiction to disturb the finding of facts of the Court of appeal below, but it appears that the ..Category: Property Law | Date: | Hits: 44
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. ......n committed by the appellant is in the schedule of the Criminal Law Amendment Act, 1958, and is exclusively triable by a special Judge appointed under the said Act. The Magistrate had no jurisdiction to take cognizance of the offence under section 420/511 of the Penal Code. For ..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. ......trators was illegal in view of para 2 of the First Schedule to the Arbitration Act when reference was to an even number of arbitrators and whether the award made by the said umpire was wholly without jurisdiction and void. 4. Mr. S. R. Pal, learned counsel for the appellant at the outset referred..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. ......ess, 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 doing so the High Court Division did not commit any illegality which may call for i..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. ......when he holds that an auction purchaser who had no interest in the property prior to sale is not within the words of Order 21, Rule 90.'' 34. A Division Bench of the Kerala High Court of the India jurisdiction, after noticing the conflicting views of the different High Courts of the sub-continent..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....n no reciprocal arrangement between the Governments of India and Afghanistan. The learned Judges of the Supreme Court of India were of the view that the order under appeal being essentially a discretionary order, no case was made out for interfering with the said order and made the followin...... D.C. Bhattacharya J: This appeal by special leave is against an order of a Bench of the High Court Division refusing to interfere, in exercise of its revisional jurisdiction, with an order of a Subordinate Judge setting aside an order previously made by his pr..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. ......tampering with the rate of work in the tender form, filed a suit in the Court of Munsif, Chittagong, challenging authority 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 tem..Category: Procedural Law | Date: | Hits: 107
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. ......tion 01 the view that it was not necessary at that stage The High Court Division being moved under section 115 of the Code of Civil Procedure against the said order refused to exercise its revisional jurisdiction in the matter. There was an application for special leave to appeal being C.P. No. 142 ..Category: Tenancy Law | Date: | Hits: 89
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