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Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... of the East Pakistan Wakfs Ordinance 1962, (2) that the order dated December 5, 1967 was the one under that section and the appeal to the learned District Judge therefrom was competent and within time, (3) that the learned District Judge did not act as a "persona designata" (4) that acknowledg...... 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...Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
.... other lands namely, schedule I (Ga), Schedule II (kha), schedule IV (kha) and schedule V (kha) is disallowed" The defendant, having felt aggrieved by the decision of the High Court for the second time, sought special leave to appeal from the said judgment. The leave granted by the Supreme Court ......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)
....f a contract for sale of land against Respondents No. 1 and 2, the two brothers, who appeared in the suit and filed two separate written statements, but both of them having failed to appear at the time of the hearing the suit was decree exparte on 18-4-68. Respondent No. 1 thereafter filed an ap...... 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
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....i had an opportunity of being heard, proviso to sub-section (1) of s. 32 clearly provides for such an opportunity to the accused Mutwalli to defend himself. Therefore the affidavit at the time of filing the petition under this section is not essential, as the provision of defence"......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. ..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....lam Yasin to four years' rigorous imprisonment each. The case against appellant Maqbool Hussain rested entirely on what the other two accused were alleged to have stated to a Tahsilder at the time of offering the bribe money to the Tahsilder for the purpose of mutating the appellant's name......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 80
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....f the Penal Code and sentenced thereunder with imprisonment and fine by the trial Court. On appeal to the High Court Syedur Rahman was acquitted and Haji Mansur Ali having died in the meantime his appeal at the instance of his heirs abated in part and was allowed in part. 5. Mr.......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. ..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....hat Saimuddin was lifted and taken to the military camp at Pagla Dewan, and the appellant was also present when Saimuddin was killed. This clearly shows that the appellant was present not only at the time of lifting Saimuddin from his house but also at the time killing Saimuddin. This is sufficien......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. ..Category: Criminal Law | Date: | Hits: 63
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....the rules the Government has thought it expedient for public reasons to be rendered by a Government servant, must be regarded as the duties of the officer on deputation. The mere fact that for the time being the Company, the borrowing authority, is paying the salary of borrowed officer from the ...... 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. ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....s follows B. C. Aga & Co. (hereinafter called the respondent) while carrying on business under the name and style L. D. Seymore & Co. (Pak) Ltd. was requested by the appellant who was at the relevant time carrying on business under the name and style Rahim Afroze & Co. to import two consignments of ......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. ..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....of the provision relating to setting aside a sale by an application made to the executing Court which appear to have been made in keeping with the judicial interpretation of the said provision from time to time. The relevancy of such legislative changes to the interpretation of a certain statutory......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. ..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
.... of Mr. M.A. Khaleque as the commissioner for examination of plaintiff No. 1. It appears that adjournments were taken in the suit on behalf of the plaintiffs or the Advocate Commissioner from time to time for submission of the Commissioner's report, but, on 20-5-75 the Advocate Commissioner......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. ..Category: Civil Law | Date: | Hits: 108
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....as also referred to Halsbury's Laws of England Vol. 32, 3rd Edition paragraph 1586 page 806, where the position of what has been known in England a statutory tenant has been explained. During the war time there had been in England certain legislations which are collectively known as Rent Restriction......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. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....d Division Bench decision, of the Dacca High Court. It seems a bit strange, that the said decision, which appears to have been binding upon the learned Chief Justice, escaped his notice at the time of delivery of the judgment. However, special leave to appeal was granted for considering thi......nbsp; ..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....ate was required in the case of offences committed within three months of the coming into force of the Arms Act in place where clause (2) of section 32 of the Act XXXI of 1860 was enforced at that time and in the case of offences committed at any time in places where the said clause was not enfo......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. ..Category: Criminal Law | Date: | Hits: 63
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....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. ......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. ..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
.... Labour Laws on which the judgment under appeal is based are different from those which were considered in the said Supreme Court decision, as they have undergone many changes in the meantime. The decision of the Supreme Court was made on the basis of Trade Union Act, 1926 read with In......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)
....enty-four months average was introduced by Ordinance 111 of 1965, giving it a retrospective effect from 15. 8. 63. It is true that in the present case, the reference was made to the Arbitrator some time in 1966, when the amending Ordinance No. Ill of 1965 had come into operation, but the correct......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. ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....different intention appears in the repealing Act, any legal proceeding can be instituted and continued in respect of any matter pending under the repealed Act as if that Act was in force at the time of repeal. In other words, whenever, there is a repeal of an enactment the consequences laid ......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. ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
.... the Act: ....................it is just and highly reasonable that they (i.e., Princess and the issue of her body and all persons lineally descending from her) in your Majesty's life-time should be naturalised............' but the enacting part of the Act provided ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....ng back. This is no doubt one of the major motives for establishing a public corporation, and other forms of Government enterprise. The variety of forms in which the various States have, at different times, proceeded to establish public enterprises is almost infinite, but there main types emerge to ......ncies of modern Welfare State, which aims at harmonising democratic process with socialist economy, have forced the State, to undertake various economic, social and public health measures on national scale. Sometimes existing undertakings are nationalised to achieve the welfare goal. The preamble ..Category: Employment/Service Law | Date: | Hits: 170
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