Search Options
Judgment Advanced Search
Displaying 6681-6700 of 7097 results.
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....hich was earlier dismissed for default, but the said Miscellaneous case also was dismissed for default on 36-6-71. The said Miscellaneous Case was, however, subsequently restored to file under the provision of President's Order No. 12 of 1972 and was ultimately allowed on 29-11-72 restoring the...... other judicial proceeding relating to a disputed question of right so far as the parties to the said suit or proceeding are concerned subject to the scrutiny by a superior court, if so provided by law. The correctness or propriety of such a decision cannot be raised by any parties thereto in any..Category: Property Law | Date: | Hits: 61
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
.... 6. It is true, that the section is silent as to whether an application for removal of mutwalli is to be accompanied by an affidavit, and this absence assumes some importance in view of the provision of affidavit for an application under section 37 of the Ordinance, for enquiry by t......et aside the decisions of the High Court and that of the Administrator and remit the case back to the Administrator 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. ..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....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. ......d that the said retracted confession had practically no evidentiary value against the co-accused Joygun Bibi. The Supreme Court of Pakistan held that this was not a correct proposition of law as regards retracted confession. It was observed that the retraction of a confession was ..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......s special leave to appeal against the judgment and order of the High Court Division. 4. Mr. T.H. Khan, the learned counsel for the petitioner contended that the High Court Division erred in law in upholding the conviction and sentence of the petitioner on the face of the evidence of P.W...Category: Criminal Law | Date: | Hits: 62
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......revisional court can go into facts to see whether the same was correctly decided by the appellate court, it is not sustained by any judicial authority, nor can we support such a proposition of law. The finding of fact, whether, concurrent or not, arrived at by th..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....actions and as such they were all distinct offences which having been tried together the trial was vitiated by mis-joinder of charges. The learned Judge of the High Court having considered the provisions of section 235 of the Code of Criminal Procedure held that an accused might be charged w...... asked by the Contractor for a brick field the petitioner requisitioned some land in the name of the District Council by starting a land acquisition case and paid compensation of the land and also lawyers fee from the District Council without asking the Contractor to deposit the same. Besid..Category: Criminal Law | Date: | Hits: 69
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... the Company. But the said Order clearly recited that the Company shall continue to be a company under the Companies Act and that subject to the Martial Law Order and the Rules made thereunder, the provisions of the Companies Act shall apply. The fluctuating details of the company's fortune need ......72, 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 public servant ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....test date of the appointment of an arbitrator was 20th July, 1955 and the umpire was appointed on 6th of August 1956. The appointment of the umpire, it was submitted, was made in violation of the provisions of para 2 quoted above. According to him this is a mandatory provision the violation of......ing that no such question was raised either before the court of first instance or before the High Court, nevertheless the leave was granted to examine this question since this is a pure question of law and goes to the root of the jurisdiction of the umpire. Mr. Pal pointed out that the latest da..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....egard to the impugned auction sale and contended, inter alia, that the petitioners being mere share-holders of the company had no locus standi to apply for setting aside the sale under the provisions of Civil Procedure Code. 4. The learned Subordinate Judge by an elaborate judgment all......he said order of the learned District Judge dismissing their application for setting aside the sale, a Division Bench of the said Court expressed its dissent from the general formulation of the law as made in the aforesaid two Indian decisions to the effect that the word, 'interest' as ..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. ......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 lawful authority and of no legal effect, and have directed the restoration of possession of the pro..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....al Court ought to have taken, but the learned Judges of the High Court overruled the said contention on the view that the instructions in the Civil Rules and Orders could not override the specific provision of Order 26, rule 5 of the Code of Civil Procedure under which the ......d by Respondents No. I and 4 and 7 to 9, who have filed a joint written statement asserting that the power of attorney is genuine and the transfer effected on the strength of the same is valid and lawful. 3. On 28-8-74, the plaintiff’s prayer for examination of plaintiff No. 1 on c..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. ......e disciplinary proceeding. It was also held by the High Court that there is no allegation that the proceeding has been initiated malafide, and that the learned Subordinate Judge erred in law in holding that the balance of convenience and inconvenience was in favour of the plaintif..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. ......ent seems to be of no substance on the very face of it. But Mr. Khondker with great persistence tried to add some amount of plausibility to such a patently wrong proposition by reference to some case law and the English principle relating to a statutory tenant. 6. The basic contention of the le..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....f the defendants, relying upon a Full Bench decision of the Allahabad High Court in the case of Bhola Umar vs. Mst. Kausilla. A.I.R. 1933 All 617 that even if remarriage of Jagadaya was proved the provision of the Act XV of 1856 had no application to the facts of the case, as there was evidence ......llas. 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 disposal after the Full Bench had laid down the law as aforesaid in A.I.R. 1932 All 617, the Division Bench (Young and Niyamatuliah, JJ.) in expla..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....prosecution of the appellants was without jurisdiction. It was argued that the appellants faced the trial for an offence under section 19(f) of the Arms Act and for enhanced sentence the provisions of article 2(4) and 7 of President's Order No. 50 of 1972 were invoked. But as the ...... the appellants was held for an offence under the Arms Act or for an offence under article 2(4) of President's Order No. 50 of 1972 and if the trial was held under the latter provisions of the law whether it was necessary to follow the procedure laid down in the Arms Act. It appears fr..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
.... both the points are interrelated and interdependent upon each other, and it is appropriate that they are dealt with together and not separately. 3. To appreciate the points some of the relevant provisions of the Act may be set out for discussion. The specific rule making power is to be found i......er dated 10th June,1975 passed by the High Court Division in writ petition Nos.26,27 and 34 of 1975). Judgment Kemaluddin Hossain J.- These three appeals are heard together as both facts and law are the same. The consideration is the vires of a Notification dated 19th December, 1974 issued ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
.... and others 28 D.L.R. (A.D.) 51. 7. Mr. T. H. Khan learned Counsel appearing on behalf of Respondent No. 1. has, on the other hand, contended that having regard to the provisions of the Union Parishad and Paurashava Election Rules, any candidate can challenge the va......nable, 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 at the centre of Ward No. 3 that the election of ..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....agreements was not binding upon them. 3. Respondent Company filed written statements in the said cases and asserted therein that the retrenchment orders were in accordance with the provision of section 13 of the Standing Orders Act which provided for retrenchment category w......abour (Standing Orders) Act, 1965 (hereinafter referred to as the Standing Orders Act alleging, inter alia, that the retrenchment orders were malafide and collusive and nor in accordance with law, that the Union had no locus standi to enter into any agreement on behalf of the said retr..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....of the former Act, correspond to section 93A sub-sections 4(a), 4(g) and 4(h) and proviso to sub-section (5)(b)(1) of the latter Act. For convenience, we take up the consideration of the provisions of the Requisition of Property Act, and this consideration will govern the interpretatio......ed 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. 69 made by a..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....Moinul Hossein, learned counsel on permission sought by them also addressed us on the point of law involved in this appeal. Mr. Fazlul Karim contended that the High Court Division misconstrued the provisions of the saving clause in section 36(2)(b) of the Act inasmuch as after repeal of P. O. 50......Karim, the learned counsel for the appellants argued in support of the appeal. Mr. Rafiqul Huq and Mr. Moinul Hossein, learned counsel on permission sought by them also addressed us on the point of law involved in this appeal. Mr. Fazlul Karim contended that the High Court Division misconstrued ..Category: Criminal Law | Date: | Hits: 113
935933932931930928926925923922921920919918917916915914913912