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Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ...... Appellate Division (Civil) Present: A. M. Sayem CJ S. A. B. Mahmud Hussain J Ahsanuddin Choudhury J Kemaluddin Hossain J Debash Chandra Bhattacharya J Matilal Sikder & ors……... Appellants Vs. ......he Dacca High Court in Civil Revision No. 818 of 1962). Judgment: Debash Chandra Bhattacharya J.— This appeal by Special Leave is against an order of a Single Judge of Dacca High Court setting aside a concurrent order allowing pre-emption ..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... 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 ......ain J. Ayub Ali Howladar……………………..Appellant. Vs Election Tribunal Bagerhat, Khulna and others…...Respondents Judgment Nov. 20, 1975. &nbs......ddin Hossain, J. - This appeal is by special leave obtained by the appellant against the decision of the High Court Division dismissing the writ petition. The writ petition was directed against an order of the election Tribunal 1, Bagerhat, in Election Tribunal case no. 22 of 1974 wherein the el..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....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 holding is sold in execution of a certificate,...... result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......refused and the appeal dismissed. 4. The plaintiff moved the Appellate Division and obtained leave on two points the High Court was in error in refusing the prayer of amendment of the plaint, in order to remove the bar of section 42 of the Specific Relief Act; the second is that, the High Court..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....gh the late Mr. Md. Amir Ali Mia acknowledged the respondent No. 1 as his son, that did not establish that he was legitimate and as such this "acknowledgment is no acknowledgement in the eye of law; (2) that the Administrator considered the documents filed by the parties (3) that the appeal ......however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......Appeal No. 27 of 1975. (On appeal from the judgment and Order dated July 1, 1969 of the High Court of East Pakistan) Judgment Fazle Munim J.- This appeal arises against the judgment and order of a Division Bench of the High Court of East Pakistan Dacca as it then was, which was passed ..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....tioned 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 accordance with law and subject to the provisions of sections 30 and 36 (1) (c) and (d) of the Bengal Money-Lend......ision (Civil) Present: Ahsanuddin Choudhury J Fazle Munim J KM Subhan J Nuruzzaman Chowdhury…………………………………….Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 1977. Lawyers Involved: Mo......Ahmed Sobhan, Senior Advocate, M.A. Rouf, Advocate with him, instructed by S.M. Huq, Advocate-on-Record-For the Respondent No. 7. Civil Appeal No. 20D of 1969. (On appeal from the Judgment and order of the erstwhile High Court of East Pakistan Dacca, dated the 22nd June, 1966, in First Appeal..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... 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......all, however, be no order as to costs. Ed. ...... the High Court Division in Civil Order No.1021 of 1975) Judgment: D. C. Bhattachaya J: This appeal by special leave is directed against an order of a Bench of the High Court Division, dismissing summarily an application filed by the appel..Category: Property Law | Date: | Hits: 61
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. ......in J D.C. Bhattacharya J Fazal Munim J Bikash Ranjan Das…………............ Petitioner. Vs. The Chairman, Second Labour Court, Dacca and others..............Respondents Judgment June 14, 1977. Lawyers Involved...... Huq Advocate-on-record—For the petitioner. Not represented—Respondents. Civil Petition for Special Leave to Appeal No. 123 of 1977. (From the Judgment and order dated the 28th January, 1977 passed by the High Court of Bangladesh in Writ Petition No. 355 ..Category: Labour and Industrial Law | Date: | Hits: 151
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....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. ......zle Munim J Md. Shaukat Ali Mia………………………………….. Appellant. Vs. Administrator of Wakfs and others ……….....Respondent. Judgment May 31, 1977. ...... Judgment: K.Hossain J: This appeal is on leave granted from a decision of a Beach of the Dacca High Court, in a writ petition affirming the order of the Administrator of Wakfs, removing the appellant from the office of mutwalli. Facts are ..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....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 ......in CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J The State.....................Appellant. Vs. Fazu Kazi alias Kazi Fazlur Rahman and others .................Respondents. Judgment March 9, 1977 Cases Referre......ts. A. T. M. Kamrul Islam, Advocate, Supreme Court—U/o. XXIII, Rule 1, Supreme Court Rules. Criminal Appeal No 18-D of 1970. (On appeal from the judgment and order of the erstwhile High Court of East Pakistan Dacca, dated the 4th and 6th November, 1968 in D..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
....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.......llate Division (Criminal) Present: Syed A.B. Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattachary J Fazle Munim J &nbs......d 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 Court Division in Criminal Appeal No. 150 of 1973.) ..Category: Criminal Law | Date: | Hits: 62
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....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......e Court Appellate Division (Civil) Present: Syed A.B M. Husain CJ Kemaluddin Hussain J D. C. Bhattacharya J Fazle Munim J Fakhruddin Mia and other.........................Petitioners. Vs. Mohammad Khodabaksh Sheikh... &he......n-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 by the High Court of Bangladesh in Civil Revision No. 1458..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
.... 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...... Ed. ......to simple imprisonment for one year more. His appeal against his conviction and sentence was dismissed by the High Court; He now seeks special leave to appeal from the aforesaid judgement and order of the High Court affirming those of the special Judge. 2. The prosecution case was th..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. ......se is also Reported in: 29 DLR (SC) 246. ......he judgment and Order dated 11-7-74 passed by the High Court Division in Criminal Appeal No.6 of 1973) Judgment Ahsanuddin Choudhury J.- This appeal by special leave is from the judgment and order of the High Court Division affirming the order of conviction and sentence passed under section..Category: Criminal Law | Date: | Hits: 63
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....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 ...... Ed. ......dur Rab-I, Advocate-on- Record—For the Respondent No. 1. S. M. Huq, Advocate-on-Record-For the Respondent No. 2. Criminal Appeal No 8 of the 1976. From the judgment and order dated the 3rd July, 1972, passed by the Dacca High Court in Criminal Reference No. 95 of 197..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....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......e Division (Civil) Present: A.M. Sayem CJ Muhammad Abdullah Jabir J Ahsanuddin Choudhury J Abdur Rahim Afroze.......................................Appellant Vs. B. C. Aga and Co. Ltd. and others…………………… Respondents Judgment February 18, 1975. L......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)
....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...... 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)
....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 ......s. 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)
....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......d. 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)
....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......nbsp; Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. 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, ......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)
....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....... ......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
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