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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. ......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. ......y 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. ......of Uttar Pradesh AIR 1955 (S.C.) 331. It was submitted by the learned Deputy Attorney General that after all the existence of a common intention said to have been shared by the accused appellant is a question of fact. From the facts and circumstances appearing on the record of the case the conclus..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. ...... lent to a borrowing authority, it shall have the power of placing the officer under suspension, and initiating proceedings against him, provided that the borrowing authority shall inform the landing authority of the circumstances leading to the order of his suspension or the commencem......he orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ......3rd July, 1972, passed by the Dacca High Court in Criminal Reference No. 95 of 1971 Judgment Kemaluddin Hossain J.- In this appeal the question of law involved is, whether the appellant who is a government officer and therefore a publ..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. ......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. ......ult the appeal is dismissed without, however, any order as to costs. Ed. ......arbitrators, the arbitrators shall appoint an umpire not later than 'one month from the latest date of their respective appointments". 5. With a view to emphasise the importance of this question learned counsel also referred us to the order of the court granting the leave. It appears..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. ......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. ......fied. 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. ......ned 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 discretion of the convicting court and the court of first appeal. How..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... Pabna and Respondent No. 1, purchased the said property in auction for a sum of Rs. 3000/-, subject to two mortgages amounting to Rs. 1,00,000/- and odd, on the 29th June, 1960 Delivery of possession of the auction purchased property was taken by Respondent No. 1 in due course .......N. 899— AIR 1924 Bal. 786; Hiralal Saha Vs. Akshary Kumar Saha, 37 CWN 766 -AIR 1933 Cal. 815; Sachi Gopinath Vs. Kukrai Prorab Chandra Saha, 38 C.W.N, 172; Baidya Natn Vs Hemanta, 40 CWN 750; Bulanda Bashini Vs. Pran Gobinda, 40 CWN 1334; Gobinda Prasad Vs. Brindaban Chandra, 40 CWN 1338; Ayya....... There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......d by the Dhaka High Court in Civil Revision No. 1380 of 1965) Judgment Debesh Chandra Bhattacharya J.- In this appeal special leave was granted by the Supreme Court of Pakistan to consider the question whether a share-holder of a private limited company has locus standi to apply under Order 2..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
.... the instance of petitioners, Bangladesh and another, arises out of a writ petition wherein a Bench of the High Court has 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 ......ings 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 Tejgaon Industrial Area and a rubber factory with building and machinery there......f cancellation of the lease. For these reasons this petition is dismissed. Ed. ......y title, and that the Government as lessor had the authority to cancel the lease in terms of clause 16(1) of the lease deed. The maintainability of writ petition on the ground that a disputed question of title is involved was also set up. 4. The learned Judges of the High Court, on c..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....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. ......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. ......s set aside. There shall not however be any order as to costs in this appeal. Ed. ......hat there was no reason for reconsidering the said order. On 31-5-75, respondent No. 3, however, renewed his prayer for cancellation of the earlier order issuing commission, on the ground that the question of the jurisdiction of the Court in issuing a direct and open commission for examinat..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. ......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. ......on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......ld not, without framing Rules, start any disciplinary proceeding against the officer. We reserve our opinion on the correctness of the decision in Noman’s case. The point submitted is a question of merit of the suit, and so the learned Judges made no error in not adverting to Noman's ..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ioner, has strenuously argued that on the destruction by fire of the huts in respect of which the tenancy had been created the decree has become non-executable inasmuch as the subject matter, for the possession of which the decree was obtained, has become non-est. The tenancy was in respect of the h......rt and the Executing Court dismissed the petitioner's objection under section 47 of the Code on holding that the schedule of the suit premises as given in the execution case tallied with the decretal land of the premises and that there could be no bar to the execution of the decree. On an appeal aga...... were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......ink that there is any substance in this contention of the learned Counsel. There is, no doubt, some reference to certain structures in the description of the holding as given in the decree in question but the description is also with reference to survey number and municipal holding numbe..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....sp; D.C. Bhattacharya J: This appeal by special leave at the instance of one of the plaintiffs of a suit for a declaration of title to and recovery of possession of a certain property is against a judgment of the Chief Justice of Dacca High Court, si......nbsp; ......sp; ......overy of possession of a certain property is against a judgment of the Chief Justice of Dacca High Court, sitting singly, allowing a Second Appeal and dismissing the plaintiff's suit. It raises the question as to whether under the Hindu Widow's Remarriage Act. (Act XV of 1856) a Hindu widow ..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....f 1972 in the Court of the Special Magistrate, Pirojpur. The charge against them was that 11 rounds of bullets were found in possession of appellant Ashraf Ali and a revolver was found in possession of appellant Amir Ali. They were convicted and sentenced to rigorous imprisonment f......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. ......ment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ......trate of the district. Admittedly, no sanction was obtained from the District Magistrate for prosecution of the appellants for the offence for which they were put on trial. 6. The pertinent question in this appeal obviously is whether the trial against the appellants was held for an ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......y are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......f 1937, retains the rule-making power over the Ayurvedic preparations of the Respondents. We now take the principal point for consideration as to the vires of the amended rule. To appreciate the question, relevant portion of the 193 6 Rules and that of the amended rule may be set out: No...Category: Fiscal/Taxation Law | Date: | Hits: 137
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. ......not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ......med and filed by Respondent No. 1 was not maintainable, that the same was barred under Rules 56, 59, 63 and 61 of the Union Parishad & Paurashava (Election) Rules, 1973 and that the election in question was held peacefully in accordance with law, that there was no disturbance or firing ..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....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. ......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. ......ssed, but in the circumstances of the case there shall be no order as to costs. Ed. ......ce with the provision of law. 8. 11 of the 27 employee Respondents having filed petition for special leave to appeal, leave was granted by the Supreme Court of Pakistan to consider two questions, namely, (i) whether the agreement entered into by the Union was binding on its members a..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....y Act. These lands stand at Agrabad, Chittagong. Requisition for the purpose of acquisition was made under section 3 of the Act for establishing a residential area in Agra-bad and possession was accordingly taken in 1962. The lands were later acquired and respondents receiv...... award dated 31. 12. 69 made by an Arbitrator appointed under sub-section (1) of section 91A of the Town Improvement Act. 2. The subject matter of the award consisted of Chala land i.e., high land, and nal land i.e., cultivable land. These acquired lands stand at Tejkunipara......de above is dismissed. We however make no order as to costs in all the appeals. Ed. ......h, 1975 passed by the High Court Division in F. M. A. No. 22ofl972). Judgment: Kemaluddin Hossain, J.—These three appeals are heard together as a common question of law is involved. Appeals No. 1 and 2 of 1975 arise out of a single award dated 31. 12. ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....notice asked the defendants not to realise the market dues. The defendant having continued to realise the market dues a suit was filed praying for putting the plaintiff in absolute proprietary possession after dispossessing the defendants from certain sheds and passages situated in baza...... actions which were commenced, prosecuted and concluded whilst it was an existing law, vide Craies on Statute law, 5th Edition pages 322-23, such being the effect of repeal under the law of England obtaining before 1889, a repeal without any saving clause used to destroy not only all rights,......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. ......led offences and offences of grave nature under P.O.50 were offences under respective penal laws namely penal code and Arms Act etc. It is thus apparent that the approach of Mr. Hosein to the question involved in this case is not for total destruction of the offences but for change of forum..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....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. ......n Urban Immoveable Property Tax Act, 1957. (2) It shall extend to such areas as have been constituted Municipalities under the provisions of the municipal Administration Ordinance 196 land such other areas in East Pakistan as may be notified by the Provincial Government of East Pak......ll these appeals which are dismissed, but there shall be no order as to costs. Ed. ......f East Pakistan dismissed the said petitions negativing all the contentions of the appellants. Special Leave to appeal was granted by the Supreme Court of Pakistan to consider the following question: (1) Whether the expression ''such other areas" occurring in section 1(2..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ......the Tarabo Union Council, Noapara hat was allowed to sit for a short period, and the permissive period expired on 13.4.72, and its continuation was illegal. It was further contended that the land was recorded in the S. A. Khatian as a secular land and not a wakf property at all. 4. ......tary compensation; with these observations, these petitions are dismissed. Ed. ...... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ...... of other authority under Article 12 of the Constitution of India and as such, such right can be enforced against it by a person affected." 9. Mr. Khondker has referred to Halsbury's Laws of England and, it may be noted, Halsbury's Laws of England Third Edition Volume 25 paragraph 929 provides......ult this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......eard along with Civil Appeal No. 7 of 1975, which has arisen out of a suit instituted by a dismissed employee against the Managing Director, Janata and involves the consideration of almost the same question of law. The arguments advanced in the latter appeal also are being considered in this j..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the appeal is dismissed without any order as to costs. Ed. ......sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the appeal is dismissed without any order as to costs. Ed. ......odification set out above the appeal is dismissed without any order as to costs. Ed. ...... of the learned Munsif. 4. The defendant-Bank obtained leave against the aforesaid decision. This appeal was ordered to be heard along with Civil Appeal No. 9 of 1965 as similar question as to the relationship of the Master and Servant is involved in that case. 5. Leave..Category: Employment/Service Law | Date: | Hits: 70
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