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K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....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 the amount payable to the......in one series of acts so connected together as to form part of the same transaction. 10. Mr. Ali argued that the expression same transaction' has not been defined in the Code but due to the absence of the definition, any number of acts cannot be connected together so as to form the s......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
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. ...... 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. ...... had not cared to appoint an umpire as provided in para 2 of Schedule I, the arbitration was invalid. It was held that the provisions of para 2 of Schedule I are of mandatory character and in the absence of the appointment of the umpire the award made was invalid. This case apparently stands on ......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. ......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. ......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)
....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. ......ision of the Supreme Court of Pakistan in the case of the Hanover Fire Insurance Company vs. Mis. Muralidhar Benechand, reported in (1955) 10 D.L.R. (S.C.) 136: P. L. D. 1958 S.C. 138, that in the absence of a reciprocal arrangement between the Governments of India and Bangladesh regarding ...... 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. ......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. ......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
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......ied without thereby forfeiting the property inherited by them from their first husband. The answer to this appears to be two-fold : (1) That it is an assumption, without basis to attribute that absence of intention to the legislature ; it is equally probable that they intended to assimilate ......sa 172 , and Basappa and others vs Purwatamma and others AIR 1952 Hyderabad 99. 35. This point, however, seems to have lost all its importance since, so far as the Indian jurisdiction is concerned, after the passing of the Hindu Code 1956 whereunder the widows have been..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....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. ......eal by special leave the point for consideration is whether the trial held against the appellants for an offence under Article 2(4)(a)(i) of President's Order No. 50 of 1972 stands vitiated in the absence of sanction of prosecution by the District Magistrate under section 29 of the Arms Act...... the appellants were prosecuted without the previous sanction of the District Magistrate as required under section 29 of the Arms Act and as such the prosecution of the appellants was without jurisdiction. It was argued that the appellants faced the trial for an offence under sect..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. ...... conform to all the preconditions set out by the Act, before it could be said to have been framed under the Act The Rule making authority cannot in the purported exercise of its power, create a new jurisdiction in excess of that conferred by the Act The statutory rule cannot enlarge the meaning ..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. ......ofazzal Hossain is concerned the Appellate Division struck down a part of the order of the Election Tribunal, as affirmed by the High Court Division, on account of two infirmities, namely, the absence of a proper election petition as contemplated in rule 56 of the Election Rules and th......cumstances, it appears to us that the Election Tribunal has gone out of its way in setting aside the election of the Vice-Chairman or the members and such an action is on the face of it without jurisdiction." 10. The question of defect of party was dealt with in the subsequent..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. ......ecifically recognised in the provisions but there has been no mention of a registered Trade Union there. 21. The reason for specific mention of a recognised Trade Union and for the absence of any such mention of a registered Trade Union in the said provisions is obvious as an ag......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)
....n under section 93A 4(h). 3. The Deputy Commissioner of Dacca assessed the compensation for the Chala land at the rate of Rs. 3,500/-per acre, and Rs. 2,800/- per acre for the Nal land. The total compensation allowed by him was Rs. 46,368/-. The owners filed an application for the a......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. ......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)
.... 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 of trial after repeal of P.O. 50. ....... Rabbani alias Salam versus the State which were sought to be quashed on the ground that those cases were not kept alive by the repealing Act. In all those cases it has been held that in the absence of any clear intention of the legislature to the contrary in the repealing Act the cases or...... out against the accused under section 302/34 and the charge-sheet was submitted against them under the aforesaid sections they might be tried before a competent court under ordinary jurisdiction. 7. It may be noted there that the same bench of the High Court Division which ..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. ......ban areas, the said notification was without lawful authority. It has already been mentioned that in 1957 there was no statutory definition of what a town or an urban area was, and the existence or absence of municipalities was not the determining factor as to the character of such an area, name......uot; means only such other urban areas and not rural areas and that as such the impugned notification having purported to extend the operation of the Act to certain rural areas has in excess of the jurisdiction of the issuing authority. 7. Learned Additional Attorney-General who has argue..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....c. It may set up a Corporation by a statute. This statutory corporation again is sometimes made amenable to different provisions of the Companies Act subject to the statute and sometimes it is kept totally outside the ambit of operation of the Companies Act, governable wholly by the incorporating ......ld that when there has been a purported termination of contract of service, a declaration on the effect that the contract of service still subsisted would rarely be made, and could not be made in the absence of special circumstances, because of the principle that the court could not grant specific p......consider as to whether the respondent being an employee of a Statutory Corporation, the relation between him and the Corporation was one of Master and Servant, and whether the High Court Division had jurisdiction to interfere with the order of dismissal under Article 102 of the Constitution. The lea..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. ......he service contract of the respondent No. 1 who was an employee of a (The Appeal is being reported later on) statutory Corporation was governed by the law of Master and Servant, and whether in absence of any rule framed under the Bangladesh Bank (Nationalisation) Order, 1972 (President's Ord......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. ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....ing has been said as to the character of the award made by the Tribunal, nor any provision for enforcement of the award, except that the award is not appealable as provided in sub-section (6). This total lack of provision to govern the Court under the Land Acquisition Act in terms of s. 91 A......f the Dacca High Court was correct in holding that the appeal preferred to it was incompetent. But at the same time I am also of the view that the High Court was not correct in holding that in the absence of any provision for appeal the High Court was competent to exercise its revisional jurisdi......rred to in s. 91A as a tribunal under the Town Improvement Act. A contrary interpretation will lead to procedural vacuum and it should be avoided. In this view, the provisions of power, procedure, jurisdiction and appeal of the Land Acquisition Act shall apply in such cases. Under s. 54 of ..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......ny premises unless he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time, fixed in the contract, with his landlords or, in the absence of such contract, by the fifteenth day of the month next following that for which the re......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..Category: Tenancy Law | Date: | Hits: 76
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