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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. ......n, Advocate, Supreme Court, instructed by Abu Backkar. Advocate-on-Record. —For the Respondent No. 1. Ex-parte—Respondents Nos. 2-3. Civil Appeal No. 1-D of 1969. (From the judgment and order dated 9.2.67 passed by the erstwhile High Court of East Pakistan in Appeal from Original Decre..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. ...... judgment and Order dated 24-6-76 passed by the high Court Division in Writ Petition No. 193 of 1975). Judgment Ahsanuddin Chowdhury J.- This is an appeal by Special leave from the Judgment and order of the High Court Division passed in Writ Petition No. 193 of 1975 discharging the Rule issued..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. ...... the sale and that the petitioners being share-holders of the company had locus standi to apply for setting aside the sale of the property belonging to the said company. On an appeal against the said order, the learned District Judge of Pabna gave effect to the objection of Respondent No. 1 as to ..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. ......esh moved the Appellate Division of the Supreme Court against the decision of the High Court Division, in Civil Appeal No. 21 of 1975, but it was dismissed on contest on March 13, 1976. Since order of the Court was not being implemented. Contempt petition No. 4 of 1977 was filed against som..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. ......1975 passed by the High court Division in Civil Revision No. 727 of 1975 Judgment: 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 ju..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. ......and prayed for temporary injunction. This leave petition is sequel the prayer for temporary injunction. The trial court granted the temporary injunction, and the first appellate court affirmed the order. On revision by the Corporation, a Bench of the Dacca High Court, reversed the decisions of t..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. ......t 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 of the Code of Civil Procedure against the said order refused to exercise its revisional jurisdiction in the matter. There was an application for sp..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......opinion. Sulaiman, C.J. in explaining the decision of the Full Bench formulated the principle underlying the construction of section 2 of Act XV in the following manner; "In order......to find out the true scope of the section one is compelled to look to the pro vision of..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. ......lants. A. T. M. Afzal, Deputy Attorney-General, instructed by B. C. Panday, Advocate-on-Record—For the Respondent. Criminal Appeal No. 2 of 1976. (From the judgment and order dated 24-06-74 passed by the High Court Division in Criminal Appeal No. 297 of 1973) J..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. ......t's affidavit, which is irrelevant and rather off the mark. The Government in its affidavit has advanced the reason for the support of the amended rule to the change of Government's liquor policy. In order to enforce its prohibition policy, the affidavit says, and especially against the Muslims, it ..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. ......) Judgment: D. C. Bhaftacharya J: This appeal by special leave is against an order of a Bench of the High Court Division rejecting summarily an application under Article 102 of..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. ....... 532 of 1967). Judgment: D.C. Bhattacharya, J.—This appeal by special leave is against a judgment of a Bench of the Dacca High Court, setting aside an order of the Labour Court, on an application made by Respondent No. 1, and incorporated Compan..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. ......h;For the Respondents No. 1-4. Ex-Parte.—For Respondents No. 5-6. Civil Appeal Nos. 1 and 2 of 1975 with Civil Appeal No. 26 of 1976. (From the Judgment and order of the High Court Division dated,14th June, 1973 passed in Civil Revision Case Nos. 807 of 19..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. ...... Advocate instructed by S. S. Hoda, Advocate-on-Record— For the Respondent. Criminal Appeal No. 6 of 1975. (On appeal from the Judgment and order dated 14th July, 1975 passed by the High Court Division in Criminal Revision Case No.1871 of..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. ......V of 1964)." Section 8 of the Amending Act contained a validation provision which was to the following effect: "Notwithstanding any judgment and decree, order or decisions of any court, including the High Court, to the contrary, anything done, ac..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. ......ocate, instructed by Md. Shafiqur Rahman, Advocate— For the Respondent Nos. 2-7. Civil petition for special leave to appeal Nos. 3 and 4 of 1977. (From the Judgment and order dated 29th November, 1976, passed by the High Court of Bangladesh in Civil Revisio..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....lation aiming to achieve a socialist economy within the Rule of Law. 11. Study of techniques adopted by the Government indicates that one of the methods applied is to set up corporations. Broadly speaking they are called public corporations in contradistinction with private corporations set up u......ord—For the Appellant. M. H. Khondker, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For the Respondent. Civil Appeal No. 9 of 1970. (On appeal from the judgment and order dated 4-12-74 of the High Court Division passed in Petition No. 6 of 1974). Judgment ..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. ......J: This appeal by special leave is against a judgment of a Single Judge of the High Court Division passed in Civil Revision. 2. Respondent No. 1. filed a title suit for declaration that the order dismissing him as Grade-II Officer (2nd officer) in Janata Bank, Munshiganj Branch on 19-12-..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. ......ion in Writ Petition No. 122 of 1975). Judgment: Ahsanuddin Choudhury, J.—This petition for special leave arises cue of a judgment and order passed by a Bench of High Court Division in Writ Petition No. 122 of 1975. 2. The res..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. ......essment. They moved the Court under the Land Acquisition Act, since no tribunal under the Act was set up to determine the compensation. The Additional District Judge as the Court by its order dated 21.5.66 awarded for various items claimed by the owner a sum of Taka 1,17,117/74 ..Category: Property Law | Date: | Hits: 135