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Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....rd.—For the Appellants. Ahmadur Rahman Khan, Advocate, instructed by Md. Nurul, Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No. 10 of 1972. (From the Judgment and Order dated 9.7.70 passed by the Dacca High Court in Civil Rule No. 1739 of 1969). Judgment: D.C...... Act in which three names were suggested for appointment of arbitrator and served a copy of the said application upon the appellants asking them to treat the said copy of the application as a written notice to concur in the appointment of an arbitrator as contemplated in section 8 of the Arbitrati......tration Act. This appeal was filed by Pakistan and two of its officers and is now being prosecuted by Bangladesh. 2. Respondent Firm is a Government Contractor who was given earth filling work for development of the site for construction of the Telephone Factory at Tongi on the basis of an ag..Category: Alternative Dispute Resolution | Date: | Hits: 258
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....e, instructed by A. W. Mallick, Advocate-on-Record—For theAppellant Ex-parte— the Respondents. Civil Appeal No. 22 of 1974. (From the Judgment and Order dated 28-1-69 passed by the Dacca High Court in Civil Revision No. 818 of 1962). Judgm......jection necessarily involves questions of fact and is controlled also by the rule of pleading as embodied in the fore-said Order 8, rule 2 Civil Procedure Code. 12. As we have already noticed, an objection on the question of defect of parties was taken in the petition of object......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..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....sult of the election was materially affected for improper counting of votes and so declared the election void as a whole. 3. The appellant moved the High Court Division for the issue of a mandate in the nature of certiorari, but was unsuccessful. The High Court Division did not find any er......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 advantage of......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..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....ocate-on-Record—For the Appellant. Md. Fazlul Karim, Advocate instructed by A, W. Mian, Advocate-on-Record—For the Respondent. Civil Appeal No. 26 of 1975. (From the Judgment and Decree dated the 27th July, 1970 passed by the Dacca High Court in Second Appeal No. 1114 of 1997). Judg......itle 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 notice under section 7 of the Public Demands Recovery Act, and as such the sale was a nullity and ......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..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....hid Khan, Advocates instructed by Abu Backkar, Advocate-on-Record—For Respondent No. 1. Respondent No. 2.—Ex parte. Civil Appeal No. 27 of 1975. (On appeal from the judgment and Order dated July 1, 1969 of the High Court of East Pakistan) Judgment Fazle Munim J.- This appeal ......alli is a minor, a person of unsound mind or a person adjudged insolvent by a competent Court of law, the administrator may for such period as he deems fit, appoint a person to act as Mutwalli with notice to all the persons interested in the wakf. Any person aggrieved by such an appointment may,......and of good character, would become the Mutwalli. After the death of the said wakf, Amir Ali Mia became the Mutwalli. He died OH Aril 5, 1967. Five days later, on April 10, 1967 the appellant applied for enrolling himself as Mutwalli. 3. On the same day the respondent No 1, Md. Khurshed Alam, ha..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....m, instructed by S.M. Huq, Advocate-on-Record-For the Respondent No. 7. Civil Appeal No. 20D of 1969. (On appeal from the Judgment and order of the erstwhile High Court of East Pakistan Dacca, dated the 22nd June, 1966, in First Appeal No. 2 of 1950). Judgment Ahsanuddin Chowdhury J.-......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. ......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..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....Haider, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Appellant. Respondent-Ex parte. Civil Appeal No.5 of 1976 (From the Judgment and Order dated 14-7-75 passed by the High Court Division in Civil Order No.1021 of 1975) Judgment: ...... 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. ......ned by the appellant against Respondent No. 1 and 2 was stayed. 2. The appellant instituted a suit in the Court of the Subordinate Judge, Khulna being Title Suit No. 1000 of 1966 for specific performance of a contract for sale of land against Respondents No. 1 and 2, the t..Category: Property Law | Date: | Hits: 61
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....ed by Md. Abdul Aziz Advocate, on-Record—For Respondent No. 2. Respondent No. 1-3-7. Ex-parte. Civil Appeal No. 30 of 1976. (From the Judgment and Order dated the 27th July, 1971 passed by the High Court, Dacca in Writ Petition No.60 of 1969 Ju...... Mr. Yeasin, for the applicant respondent has advanced their arguments on the points. 3. We turn to the first question, and find that Mr. Yeasin, has rightly pointed out, that the notice, Annexure 'B' to the writ petition, clearly recites the fact, that along with the petition b......ppellant from the office of mutwalli. Facts are that the respondent 2, Abdul Quader, brother of the appellant, submitted an application on.27.12-67, to the Administrator of Wakfs, praying for his removal from the Mutwalliship of the Wakf Estate created by Khan Saheb Emdad Ali, and also ..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....mdash;U/o. XXIII, Rule 1, Supreme Court Rules. Criminal Appeal No 18-D of 1970. (On appeal from the judgment and order of the erstwhile High Court of East Pakistan Dacca, dated the 4th and 6th November, 1968 in Death Reference case No.8 of 1968 with Criminal Appeal No. ...... may be taken into consideration for the purpose of lending assurance to any independent evidence, if any, which is sufficient by itself to sustain their conviction As we have already noticed, however, the only independent evidence existing against them is not enough to s...... 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..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
....bu 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 passed by the High Court Division in Criminal Appeal No. 150 of 1973.) Judgme...... The evidence bearing on the charge of murder and abduction should be separately considered.” It is regrettable that the learned Judges of the High Court Division failed to notice that the learned Trial Judge formulated four points for determination and the fourth point i......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..Category: Criminal Law | Date: | Hits: 62
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....rd—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 November,1976 passed by the High Court of Bangladesh in Civil Revision No. 1458 of 19......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..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....dvocate-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, 1976 passed by the High Court in Criminal Appeal No.3 of 1969) Judgment:......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. ......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..Category: Criminal Law | Date: | Hits: 69
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....b-I, Advocate-on- Record—For the Respondent No. 1. S. M. Huq, Advocate-on-Record-For the Respondent No. 2. Criminal Appeal No 8 of the 1976. From the judgment and order dated the 3rd July, 1972, passed by the Dacca High Court in Criminal Reference No. 95 of 1971 ...... 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..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....ocate, Supreme Court, instructed by Abu Backkar. Advocate-on-Record. —For the Respondent No. 1. Ex-parte—Respondents Nos. 2-3. Civil Appeal No. 1-D of 1969. (From the judgment and order dated 9.2.67 passed by the erstwhile High Court of East Pakistan in Appeal from Original Decree No. ......c) where the parties or the arbitrators are required to appoint an umpire and do not appoint him; any party may serve the other parties of the arbitrators, as the case may be, with a written notice to concur in the appointment or appointments or in supplying, the vacancy." In view......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..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Respondent Nos. 1(1)-1(8). Ex-parte-Respondents No. 2 & 3. Civil Appeal No. 4-D of 1969. (From the judgment & Order dated 17.8.67 passed by the Dhaka High Court in Civil Revision No. 1380 of 1965) Judgment Deb...... way as the learned Judges that the interests as mentioned in the relevant Rule of the Code are of wider significance and include also pecuniary interest, but the learned Judges do not appear to have noticed that such a conclusion is not antithetical to such pecuniary interest being existing and p...... Sathiaram Nayar, AIR 1970 Kerala 95 ; Shyamlal Purchit Vs. Jagannath Roy, AIR 1969 Cal. 424; Charanjit Lai Chowdhury, Vs. Union of India AIR 1951 S.C. 14; Shaw & Sons (Salford) Ltd. Vs. Shaw, (1935) 2 K.B. 113 C.A.; Hanumat Gouda Vs. Chichi Giri Gouda Yogan Gouda.&..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....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 November, 1976 passed by the High Court of Bangladesh in writ petition No. 479 of 19......agement and Disposal) Order, 1972 (P.O. 16 of 1972), and the company was put under the management of an Administrator. In the course of representations by the Company for its release, a public notice was advertised in the daily newspaper on August 25, 1974 for the sale of the Company as an ......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..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....dud Bhuiyan, Asstt, Attorney General, instructed by S.S. Hoda, Advocate on Record—U/O. XLV Rule 1 of S.C. (A.D.) Rules. Civil Appeal No. 1 of 1976. (From the Judgment and Order dated 28th July, 1975 passed by the High court Division in Civil Revision No. 727 of 1975 Ju......e with the reciprocal arrangements between Pakistan and foreign countries and the only judicial way of exercising the discretion by a Court in ordering the issue of such commission was to take notice of such Rules and Orders. 12. The main consideration, which appears to......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 ..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....uq. 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 January, 1977, passed by the High Court of Bangladesh in Civil Revision No. 1203 of......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. ...... 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..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....instructed by B.C. Pandey, Advocate-on-Record. Md. A. Aziz, Advocate-on-Record— For the Respondents. Civil Petition for Special Leave to Appeal No. 36 of 1977. (From the Judgment and Order dated 7-1-77 passed by the High Court in S.M.A No.28 of 1976). Judgment: D. C. Bhattachary...... of the said decision must be deemed to have come to an end on the destruction of the structures, as there has been nothing left in respect of which the decree may by executed. 11. We have already noticed that the tenancy in question was in respect of the land together with certain structures a......ker, Senior Advocate — For the Petitioner. Mian Abdul Gafur, Advocate, instructed by B.C. Pandey, Advocate-on-Record. Md. A. Aziz, Advocate-on-Record— For the Respondents. Civil Petition for Special Leave to Appeal No. 36 of 1977. (From the Judgment and Order dated 7-1-77 passed by t..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
..... — Respondents No. 5-7 and 9-13. B. N. Chowdhury, Advocate— U/O XLV, R. 1 of the Supreme Court Rules. Civil Appeal No. 6-D of 1971 (From the judgment and Decree dated 29-6-67 & 1-8-67 passed by the Dacca High Court in S.A. No. 1081 of 1961). ......he Act XV of 1856 had no application to the facts of the case, as there was evidence to show that there was a custom of remarriage among the Mallas. The trial Court, however, in its judgement noticed that when the case of Bhola Umar vs. Mst. Kausilla came back to the Division Bench for disp...... 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—..Category: Property Law | Date: | Hits: 59
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