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Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ...... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ...... preservation of ballot papers and want of co-operation of the authority. The withholding of some ballot papers has resulted in the appellant missing 97, and respondent 826. And this has given rise to a knotty question in this appeal. The Tribunal however on evidence found that there was no prope...... piece of evidence, and therefore rightly admitted into evidence and if from the ballot papers produced a margin of difference decisive against the appellant could be spelt out, it could be done in law. He further submits that presumption of regularity has been amply rebutted, when the tribunal ..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ...... resorted to for service under section 7 of the Act, is not correct. For substituted service of notice under section 7 of the Act, both the alternate clauses (a) and (b) of rule 6 can be resorted to, according to the facts of each case. 20. The other decision of the Dacca High Court, which calls ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦ Appellant. Vs. Khadem Ali Meah .........................Respondent Judgment November 17, 1977. Result: The appeal is allowed. Cases Referred to- Ananda Chandra Nandy Vs, Jhulon Singh. 33 C.W.N. 305; Sri Bansi Gopal Jiu Vs. Uday Chan A.I.R......be specified. Sub-section (3) is an exception to sub-section (1), and it begins with a non obstante clause. The relevant part says: notwithstanding anything contained in sub-section (1), or any other law for the time being in force where the tenure or holdÂing is sold in execution of a certificate,..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... official designation. Now, before it can be determined whether he is a Court or a mere 'persona designata', it would be necessary to find what a Court is. OrdinÂarily, a Court means the place where justice is administered, but this word also means the person or persons who administer justice. ...... and defined in judgments cited before us, no fresh attempt to define them is, however, necessary. As observed by Fazl Ali, "Judicial function means the function o f "deciding litigated questions according to law" deciding them not arbitrarily but on evidence and according to certain rules of pr............................ Appellant. Vs. Md. K. Alam alias S. Alam & others............. Respondents Judgment July 1, 1977. Result: The appeal is dismissed. Cases Referred to- Must. Dirji Vs. Smt. Goalin, AIR 1941 Patna 61 (E.B.); Afsaruddin Vs. Wazed Ali Khan and ano......gh the late Mr. Md. Amir Ali Mia acknoÂwledged the respondent No. 1 as his son, that did not establish that he was legitimate and as such this "acknowledgment is no acknowÂledgement in the eye of law; (2) that the Administrator considered the documents filed by the parties (3) that the appeal ..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....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. ......e impleÂmentation is neither nor full. The case is a complicated one, and we accorÂdingly grant leave to appeal to examine whether the directions given by this Court have been correctly applied according to their proper meaning. It will be open to the appellant to canvass matters arising o......y J.- This appeal on special leave arises from the judgment and order of the erstwhile High Court of East PakÂistan dismissing an appeal after remand by the erstwhile Supreme Court. Facts leading to this appeal may briefly be stated as follows:—Respondent Nos. 1 to 14 filed under rules 7 and 9......Âtioned in the kot-mortgage exhibit I (same as exhibit C) as well as of the excess lands mentioned in schedule I (kh) of the plaint. The plaintiffs will get possession in accorÂdance with law and subject to the proviÂsions of sections 30 and 36 (1) (c) and (d) of the Bengal Money-Lend..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
...., the learned Subordinate Judge passed another order on 2-6-75, staying the proceeding in the Execution Case till the disposal of the aforesaid Miscellaneous Case on the alleged grounds of ends of justice and balance of convenience. 4. The High Court Division, being move under section 115...... 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. ......erformance of 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 there...... 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)
....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. ...... removed from the office of Mutwalli. The appellant filed his written objection on 33.3.68, denying all allegations made against him and asserting, that he had been discharging his duties according to the directions contained in the Waqfnama. The beneficiary respondents also f...... J Fazle Munim J Md. Shaukat Ali Mia………………………………….. Appellant. Vs. Administrator of Wakfs and others ……….....Respondent. Judgment May 31, ......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 RahÂman 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. ......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. ...... State.....................Appellant. Vs. Fazu Kazi alias Kazi Fazlur Rahman and others .................Respondents. Judgment March 9, 1977 Cases Referred to- Joygun Bibi State (1960) 12 DLR (SC) 157, Moqbul Hossain Vs. State 12 DLR (SC) 217. ......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. ......d at the instance of persons inimically disposed of towards accused. The occurrence is true." In view of the above statement we find no substance in the petition. It is, accordingly, dismissed. But before parting with the case it is necessary to reiterate that when the......e with Md. Abdur Rahim, Advocate, Supreme Court, instructed by Abu Bakkar, Advocate on-Record.—For Petitioner. Not Represented—Respondent. Petition for special leave to Appeal No. 22 of 1976. (From the judgment and order dated 4.9.1975 passed by the High Co......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. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......ur Rahman Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Petitioner. B, Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Special leave to appeal No. 153 of 1977. ( From the judgment and order dated the 9th November,1976 passed ......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)
....ought to have been separately charged were joined together but the specific offences were satisfactorily proved by competent evidence, corroborated in all necessary respects and no mis-carriage of justice was caused, the irregularity was cured under sections 235 and 537 of the Code of Criminal P...... scheme was sent on 5-12-1964 to the Government for approval. The reply received on 5-1-1965 from the Government was to the effect that the estimate was high. The Chairman was, accordingly, directed to revise the estimate and re-submit the same. In defiance of the direction o......ith Khandker Mahbubuddin Ahmed instructed by A. Rob - (2) Advocate-on-Record—For the petitioner. Not represented— For the Respondents. Criminal Petition for Special leave to Appeal No.5 of 1977 (From the Judgment and Order dated 27 th August, 1976 passed by the H...... 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
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....r intention with common intention; the partition which decides "their bounds" is often very thin; nevertheless, the distinction is real and substantial and if overlooked will result in miscarriage of justice. On the other hand, the learned Deputy Attorney General argued that it was at the instance, ......Saimuddin's sister washing jute in a nearby ditch. The appellant pointed out Sukchand to the Pakistan Army as the relation of Saimuddin and asked the Pakistan Army to take Sukchand also. Sukchand was accordingÂly taken by Pakistan Army with Saimuddin and they were tied by their hands and taken to t......lt: The appeal is dismissed. Lawyers Involved: Md. Fazlul Karim, Advocate, Supreme Court instructed by B. C. Panday, Advocate-on-Record- For the Appellant. Sultan Hossain Khan, Deputy Attorney GeÂneral with B.B. Roy Chowdhury, Assistant AtÂtorney General instructed by Mr. Abdur Rab-1......n of the apÂpellant 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)
.... 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. ......p; February 23, 1977. Lawyers Involved: Md. Ansar Ali, Advocate, instructed by Md. A. Aziz, Advocate-on-Record—For the Appellant. Sultan Hossain Khan, Deputy Attorney General instructed by Abdur Rab-I, Advocate-on- Record—For the Respondent No. 1. ......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)
.... does not necessarily mean in proceedings disregard of the requirement of the statute are null and void and the quesÂtion whether it is so is in the main governed by consideration of convenience and justice. In United Printing vs. Kishori Lal (A.I.R. 1956 Cal. 593), Union of India vs. Allied Tr......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 withÂout, however, any order as to costs. Ed. ......st Appeal No. 133 of 1965 affirming the judgment and decree passed by the Subordinate Judge, First Court, Chittagong in other suit No. 17 of 1958 in terms of an award. 2. The circumstances leading to the aforesaid suit are as follows B. C. Aga & Co. (hereinafter called the respondent) while carry......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 quesÂtion of law and goes to the root of the jurisÂdiction of the umpire. Mr. Pal pointed out that the latest da..Category: Business or Commercial Law | Date: | Hits: 86
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate TribuÂnal and another, 1977, 6 CLC (AD)
....of which Tk. 264/- was recovered from the appellant and the complainant already got that amount. In this view of the matter he submitted that the sentenÂce has been extremely severe and that ends of justice will be met even if the sentence of imÂprisonment and of fine is considerably reduced. 9......e was granted to consider whether the High Court Division ought to have interested with the conviction and sentence of the appellant when the said conviction and sentence of the appellant were based, according High Court Division, on insufficient evidence namely, and the solitary evidence of the com......34. Conviction can be based on the solitary evidence of a witness, 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 ......t any success therein. Then he moved the High Court Division under 102 of the Constitution on a Writ of certiorari for a declaration that the Appellate Tribunal judgment and order were passed without lawful authority and as such were of no legal effect inasmuch as, the said judgment orders were pass..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....oes not appear that either the auction purchaser or the judgment debtor having participated in the proceeding misled the Court in any way and a mistake was committed in consequence thereof, causing injustice to any of the parties. NeverÂtheless, the learned judge disregarded the speciÂfic provisio......aning of the expression 'any person whose interests are affected by the sale' and would not cover the case of pecuniary interest. The learned Judges have also referred to a number of decisions which, according to them, have held that in order to maintain an application for setting aside a sale a per......manik and others.................Appellants. Vs. Mohd. Mokarram Hossain... ……………….Respondents Judgment March 4, 1976. Result: The appeal is dismissed. Cases Referred to- Basanta Kumar Roy Vs. Charu Chandra Pal, 62 C.W.N. 122: AIR 1958 Cal. 543 ; Vaidyanath ......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 deciÂsions 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. ......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. ......ip;Petitioners. Vs. M/S. A. T. J. Industries Ltd. and others................. Respondents Judgment April 12, 1977. Lawyers Involved: K. A. Bakr Attorney-General, A. Wadud Bhuiyan, Assistant Attorney-General, instructed by M.R. Khan, Advocate on ......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)
....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. ......ry. But, in the absence of such a situation, we do not think that it can be, said with any valid reason that if a Civil Court, being of the view that a commission issued by it would be treated according to the law of the country, where such commission is to be executed, makes an order issuin....... Rahman Advocate, instructed by S.M. Huq, Advocate on Record—For the Appellants. Khandkar Mahbubuddin Ahmed with S.A. Latif, Advocate—For the Respondents. K.A, Bakar, Attorney-General with A. Wadud Bhuiyan, Asstt, Attorney General, instructed by S.S. Hoda, Advocate on......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 InÂdustries 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. ......d: Ahmad Sobhan, Senior Advocate, instructed by S.M. Huq. Advocate-on-Record.—For petitioner. Not represented—For the Respondents. Civil Petition for Special Leave to Appeal No.57 of 1977. (From the Judgment and Order dated the 28th January, 1977, passed ......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 ChowÂdhury 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. ...... Fazle Munim J Haji Abdul Motalib Sowdagar...................Petitioner Vs. Faiz Ahmed ChowÂdhury and others…………….Respondents Judgment March 22, 1977. Cases Referred to- Golamar Rahman vs. Sm. Emratannissa (1970) 22 DLR 126 ; PLD 1957 Dacca 372; A. Motaleb vs. Ms......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 relaÂting 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)
....nbsp; ......nt, has cited before us several decisions and texts in support of the rule of forfeiture of a widow's interest in her deceased husband’s property on her remarriage, even if her remarriage is according to the custom of her caste and Mr. Yasin learned Counsel, has, on the other hand, address......ellip;………………Respondents Judgment April 26, 1976 Cases Referred to— Lalit Mohan Vs. Shayama Pada Das, AIR 195' Cal. 771: Gurupadappa Basappa Vs. Kris......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
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