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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. ......ourt. 3. Special leave to appeal was granted to consider as to whether the appointment of the umpire made beyond one month from the latest date of the appointment of the arbitrators was illegal in view of para 2 of the First Schedule to the Arbitration Act when reference was to an even number of ..Category: Business or Commercial Law | Date: | Hits: 86
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....ari acts in exercise of a supervisory and not appellate jurisdiction. One consequence of this is that the court will not review findings of fact reached by inferior Court or Tribunal, even if they be erroneous. This is on the principle that a Court which has jurisdiction over a subject matter has ju......s the Appellate Tribunal believed the occurrence and relied on the solitary evidence of the complainant. The High Court Division declined to interfere on an extra-ordinary Writ of Certiorari in view of the fact that the Special Tribunal as well as the Appellate Tribunal found the occurrence ..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. ......ule meant an existing or present interest in the property sold' by interpretation of the said expression, but nonetheless, affirmed the order of the learned district Judge on the view that a share-holder had no interest in the company's property nor had he any say in the managem..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......ed. Contempt petition No. 4 of 1977 was filed against some of the officers of the Government, and Rule was issued on June 30, 1976. During the pendency of the said Rule, the Government filed the Review petition No. 1 of 1976 for the review of the Judgment of the Appellate Division. In the r..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. ......ssion of report, respondent No. 3 filed an application for cancellation of the order issuing commission, which was rejected by the learned Subordinate Judge on 27-5-75 on the view that the Order issuing commission was made after hearing both the parties and that there..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....oncurrent findings of the courts below, and has cited some Privy Council decisions. The enunciation of law by the Privy Council on the subject is now well settled. If the Court below, upon an erroneous finding, has assumed a jurisdiction illegally and with material irregularity, the Hi......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. ..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. ......cellaneous Case for a local investigation without which it was stated in the said application, the decree could not be executed. The executing Court rejected the prayer for local investigation 01 the view that it was not necessary at that stage The High Court Division being moved under section 115 o..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......y;wed and the suit was dismissed. Learned Chief Justice, however, does not appear to have noticed the Division Bench decision of his own Court as reported in 4 D L.R. 492 and also the preponderant view of all the High Courts of the sub-continent excepting that of Allahabad, have laid down, ..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. ......spector. President's Order No. 50 of 1972 is a Special Act prescribing special procedure for the trial of offence under this enactment and also the special procedure is to be followed. In this view of the matter the contention of the learned Counsel for the appellants has no force. ..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. ......ions. The Government by the Rules therefore, in 1936 fixed a standard of quality for Mritasanjibani Ayurvedic products. Reading the Rules as a whole, it is manifest that taking all circumstances in view the standard of quality for the Ayurvedic products was fixed. 1936 Rubs therefore were framed c..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. ......hese two infirmities would have been sufficient to nullify the order of the Election Tribunal but as both these infirmities were present; both of them were dealt with in the said judgment. The view of the Appellate Division on this point has been clearly stated in the following passage:..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. ......;ment, the terms of employment and the conditions of work of all or any of the workers employed in the establishment or industry and the employer shall receive and reply letters of, and grant interviews to, the officers of such trade union in connection with any such matter except on which ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....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. ......uestion of compensation, and the rule governing the assessment of the average value of the lands in the vicinity of the acquired lands. 5. The Arbitrator considering the evidence was of the view, that it would be unsafe to assess compensation on the basis of the kabalas produced by t..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....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. ......saving clause in section 36(2)(b) has specifically provided for the continuance of only the pending cases before the Special Magistrate or Special Tribunal under P. O. 50. It was urged that in view of the saving clause as regards continuance of only the pending cases under P. O. 50, the leg..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. ......d inoperative, that there having been no lawful provision for creating any new municipal areas there could not be any lawful extension of the Act under section 1 (2) of the Act and that in any view of the matter there could not be any retrospective operation of the notification so as to make..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. ......he permission to allow Tarabo hat to sit on Tuesdays amounted to the creation of a new hat and it was done in violation of Rules 183 and 189 (1) of the .Government Estate Manual. He was of the view that sitting of the Tarabo hat on Tuesdays will have the effect of destroying the Noapara hat...Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....dismissal had no effect on his status and that he still continued to be a Professor of the University, it directed specific enforcement of a contract of personal service and as such was clearly erroneous. This case assumed that there was no element involved in that case other than that of brea......er of dismissal under Article 102 of the Constitution. The learned Attorney-General did not press the second point as to the maintainability of the petition under Article 102 of the Constitution in view of the fact that the statutory Corporation has now by amendment of the General Clauses Act is r..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. ......Provided that no Court shall make arm such declaration where the plaintiff, being able to seek further relief than a mere declaration of title omits to do so." 6. We have taken a view while disposing Civil Appeal No. 9 of 1975 that an employee of a statutory Corporation does no..Category: Employment/Service Law | Date: | Hits: 70
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ......etention orders under rule (5)(a)(1) of the Emergency Powers Rules were also served upon him. The Writ Bench of the High Court Division found that all the detention orders had been made with a view to preventing the detenu from acting in a manner prejudicial to the security or interest of B..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......t the award was given by the Court under the Land Acquisition Act in terms of s. 91A of the Act since no tribunal was constituted under the Act. The learned Attorney-General has submitted that the view taken by the High Court that appeal does not lie from an award made under s. 93A ..Category: Property Law | Date: | Hits: 135
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