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Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ...... the requirements, Mr. Chowdhury's grievance is, that the Company called on oral witnesses. But we find from the enquiry report that relevant papers were placed before the Committee. Therefore, the question is one of adequacy and not absence of evidence, and this cannot be a ground to impugn the ......c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 151
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. ......ses. Mr. Khandkar Mahbubuddin Ahmed, for the appellant, and Mr. Yeasin, for the applicant respondent has advanced their arguments on the points. 3. We turn to the first question, and find that Mr. Yeasin, has rightly pointed out, that the notice, Annexure 'B' to the w......n affidavit, was at all entertainable by the Administrator; and (2) Whether the order of the Administrator removing the petitioner can be sustained, in view of the facts alleged in the application being neither supported by affidavit nor otherwise proved by exam..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. ...... this was not a correct proposition of law as regards retracted confession. It was observed that the retraction of a confession was a circumstance which had no bearing whatsoever upon the question whether in the first instance it was voluntarily made, and whether it was true. The fact ......vered head and handed it over to Fazu Kazi. The learned Judges of the High Court carefully considered the evidence of P.Ws. Sachindra, Esaruddin and Tasiruddin with reference to the attending facts and circumstances along with other evidence and they could not persuade them to put reli..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. ...... law in upholding the conviction and sentence of the petitioner and in dismissing his appeal as we are of the view that on reading the evidence of P.W. 1 as a whole it appears that the statement in question is a confused one. This will be borne out by what he stated in reply to some suggestions ...... 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. ..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. ......tored that of the trial court. 3. Mr Rahim, learned Counsel of the petitioner contends that the learned judge of the High Court was not within his jurisdiction to disturb the finding of facts of the Court of appeal below, but it appears that the learned Judge has found that the findi..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....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. ......mit the same. In defiance of the direction of the Government a reply was sent to the effect that the work was under progress and the Contractor already started supplying bricks. Hence there was no question to revise the estimate. Further case of the prosecution was that under the terms of the co......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
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. ......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......hom the appellant had great enmity. The trial ended in conviction and sentence of the appellant and his appeal to the High Court Division also failed. Leave was granted to consider whether in the facts and circumstances of the case appellant and the Pakistan Army acted in furtherance of common..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. ......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......ased to be a public servant, so that any offence committed by him in his deputationary capacity is immune from requirement of sanction under section 197 of Code of Criminal Procedure. 2. The facts giving rise to the question of law are that, consequent on certain allegations made against ..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. ......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......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. ..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. ......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...... 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 Court Division did not commit any ill..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....tributed to the share-holders by way of dividends. The ratio of this decision is that the income of the company and the dividend income of the share-holders of the said company are derived from the identical source, namely, agriculture and as such the shareholders incomes as well as agricultural......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......t aside the sale on the ground of a material irregularity or fraud in publishing or conducting it: Provided that no sale shall be set aside on the ground of irregularity or fraud unless upon the facts proved the court is satisfied that the applicant has sustained substantial injury by reasons o..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. ......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......on 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 thereon. The facts leading to the present leave petition may be set out. 2. The Respondent M/S. A.T.J. I..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. ......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......g with the order of the learned Subordinate Judge on the view that the learned Subordinate Judge was correct in applying the principle laid down in Supreme Court decision, referred to above, to the facts of the instant case and in setting aside the earlier order issuing direct commission on the b..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. ......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 ......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. ......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......troyed. 10. Learned Counsel has contended that it is the decision of the Dacca High Court, rather than the decision of the Pakistan Supreme Court referred to above, which is, applicable to the facts of the case and that the subject matter of the tenancy, in view of the said decision must be d..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......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 ......e 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 to show that there was a custom of remarriage among the Ma..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. ......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 ......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. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....f 'excisable article' before the amendment of 1937, we find that the expression was defined to mean 'any liquor or intoxicating drugs'. The definition of 'intoxicant’ introduced in 1937 repeats the identical words. The result is not so much of redefinition as of reclassification of the definitio......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.......nt and Order 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, 19..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. ......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 ......ction of the appellant as Chairman of the Union Parishad void at the instance of Respondent No. 1, who was a contestant for the office of the Vice-Chairman of the said Parishad. 2. The facts relevant for the purpose of this appeal may be stated in brief as follows: On 29.3 74..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. ......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......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
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