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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. ......miyat Ali Vs. Mrs. Chemon Ara Begum and others, 20 D.L.R. (Dacca) 480; Mohammad Hossain Khan and others Vs. Babu Kishva Nandan Shanai L.R. 64 I.A. page 250 = A.I.R. 1937 P.C. 233 (same case) 41 C.W.N. 1029. Lawyers Involved: T. H. Khan, Senior Advocate, with A. K. M.......cessor of the respondent, purchased C. S. Plot No. 495 from one Upendra Nath Das by a registered kabala on 3-10-58 for a consideration of Tk. 2000/- that the appellants were owners of the lands contiguous to the said plot and as such were entitled to pre-empt the said land under sectio..Category: Property Law | Date: | Hits: 54
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. ......he 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 election of the appellant as the chairman of Chingrakhali Union Pa...... 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. ..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. ....... They left the country for West Bengal in 1962. Their rayati holding fell in arrears of rent which prompted the Government Acquired Estate to start four certificate proceedings. They are certificate case Nos. 138/1961-62. 185/1961/62, 187/1961-62 and 1970/1962-63. The holding comprising 1.73 acres ...... Demands Recovery Act, 1913 are involved. Facts material for the appeal are that dispute between plaintiff appellant, Golam Hafez Mia, and defendant respondent, Khadem Ali Meah centres round the land belonging to Nalini and his wife Sarala. They left the country for West Bengal in 1962. Their r..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295....... or should be viewed as such, or he was a mere 'persona designate’ is a question which being undoubtedly of considerable importance has been considered many a time by various Courts. In the former case, his Court being subordinate to the High Court was amenable, to its jurisdiction exercisable un......m is a question of law the submission of legal argument by the parties and (iv) a decision which disposes of the whole matter by a finding upon the facts in dispute and an application of the law of land to the facts so found, including where required a ruling upon any disputed question of law. A..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. ......4 filed under rules 7 and 9 of Order XXXIV of the Code of Civil Procedure, a suit being O/S No. 49 of 1945 in the Second Court of Subordinate Judge, Chittagong for redemption of a kot-mortgage. Their case was that Mohammad Ashraf Chowdhury, their predecessor-in-interest had executed on 37th of Asw...... had executed on 37th of Aswin, 1374 M.E. a kot-mortgage in favour of Abdul Karim Chowdhury, predecessor-in-interest of the defendant-appellant for a sum of Tk. 1500/- The possession of the mortgaged land including the land of schedule 1 (kha) was given to the mortgagee. The stipulation was that if ..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... 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. ......ing being Miscellaneous Case No. 237 of 1970 under Order 41 rule 19 of the Code for the restoration of his Miscellaneous Appeal, which 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, subsequen...... and 2 was stayed. 2. The appellant instituted a suit in the Court of the Subordinate Judge, Khulna being Title Suit No. 1000 of 1966 for specific performance of a contract for sale of land against Respondents No. 1 and 2, the two brothers, who appeared in the suit and filed two sepa..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. ...... under sub-section (1) of section 32, is to be a judicial order and so the tribunal, has to follow a procedure which allows the contending parties opportunities to call evidence in support of their cases. The tribunal will base its decision on some evidence. When the Administrator is clothed wit......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. ..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. ....... 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 Death Reference case No.8 of 1968 with Criminal Appeal No. 288 of 1968. Judgment: &......of no-confidence and for that purpose he drew up a petition for a vote of no-confidence and obtained signatures of some members, There was also enmity among them over distribution of some khas lands of Dayarampur Rajbari. Due to that enmity and bitter feelings the respondents along wit..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. ......desh Collaborators (Special Tribunal) Order, 1972, 364/34 and 302/34 in the alternative under section 30.3/109 B.P.C. read with Article II(a) of the aforesaid order. 2. The prosecution case against them was that as Rajakars they collaborated with Pak Army and on 1st of Kartick, 1378 ...... 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. ......8-1-67, and the application for pre-emption was made on 15-4-68, and the respondent claimed, that he got knowledge of the sale on 15-3-68. The trial court on consideration of evidence believed the case of the respondent, and allowed the application for pre-emption. On appeal the finding was......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ..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. ......ntence 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 that for the works programme of the year 1964-65 the Government sanctioned for the Pabna ......eady started supplying bricks. Hence there was no question to revise the estimate. Further case of the prosecution was that under the terms of the contract the Contractor Mansur Ali had to arrange land for the purpose of brick field but without being asked by the Contractor for a brick field the..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. ......ere released in pursuance of an order of clemency passed by the Government; while the order of conviction and sentence passed against the appellant was upheld by the High Court Division. 4. The case of the prosecution briefly stated was that Abdul Jabbar Dewan along with his wife, children a......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. ..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. ......forgery and fraud. The Sub-Divisional Magistrate summoned the appellant under sections 420/511 and 464 of the Penal Code, and he surrendered to the court and obtained bail on 13-2-71, and the case was then transferred to a Magistrate, 1st Class for disposal. The appellant then filed an ap&s...... lent to a borrowing authority, it shall have the power of placing the officer under suspension, and initiating proceedings against him, provided that the borrowing authority shall inform the landing authority of the circumstances leading to the order of his suspension or the commencem..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. ......without jurisdiction and as such void. Reliance was placed on 85 C. L. J. 232, A.I.R. 1951 Allahabad 474 A.I.R. 1954 Nagpur 236, and A.I.R. 1959 Bom. 39 and A I.R. 1963 Allahabad 23. In the first case under reference, namely Harack Chand Damni Vs. Ramsarup Lakkar (85 C.L.J. 232) the contract bet......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. ...... and order were passed without lawful authority and as such were of no legal effect inasmuch as, the said judgment orders were passed on evidence. The Court Division, however, found that it was not a case of no evidence but it was a case insufficient evidence and that conviction passed on insufficie......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. ..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. ......r, 11 DLR (1959) (SC) 430—PLD 1959 S.C. 219; Punjab M cream He Bank Ltd. Vs. SardarKishan Singh, AIR 1963 Pun. 230; Income Tax, AIR 1955 S.C. 74 ; Shyamlal Vs Jagannath, AIR 1969 Cal 424; Fhtcrotts case (1883) 21 Ch. 519 (CA.); Abdur Rahim Vs. Syed Abu Md. Bark at AH LR55 IA 96—32 CWN 482-AIR 19.......N. 899— AIR 1924 Bal. 786; Hiralal Saha Vs. Akshary Kumar Saha, 37 CWN 766 -AIR 1933 Cal. 815; Sachi Gopinath Vs. Kukrai Prorab Chandra Saha, 38 C.W.N, 172; Baidya Natn Vs Hemanta, 40 CWN 750; Bulanda Bashini Vs. Pran Gobinda, 40 CWN 1334; Gobinda Prasad Vs. Brindaban Chandra, 40 CWN 1338; Ayya..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. ......including those of the land. The dispute, if at all, is a fine question of law, as to whether the conversion of a proprietorship concern into a private limited company, is a case of succession or a transfer of the title. No doubt this is a question of title, a......ings as without lawful authority and of no legal effect, and have directed the restoration of possession 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 there..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. ...... should be reconsidered. It appears that this application was considered by a different Subordinate Judge, who, being of the view, relying upon the decision of the Supreme Court of Pakistan in the case of the Hanover Fire Insurance Company vs. Mis. Muralidhar Benechand, reported in (1955) 10 D.L......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. ..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. ......quently exercised his jurisdiction wrongly. 3. Mr. Ahmad Sobhan challenging the order of the High Court has, first, submitted that the learned Judges of the High Court following Noman's case, 16 DLR 537, ought to have held, that the Corporation, a nationalised organisation, could not......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. ...... decree mentioned above. The Second Appeal was dismissed the High Court Division of the Supreme Com of Bangladesh on 8-1-74. When after the disposal of the Second Appeal, the proceeding the execution case was resumed, an objection was filed by the petitioner on 12-3-74 in the said execution case und......rt and the Executing Court dismissed the petitioner's objection under section 47 of the Code on holding that the schedule of the suit premises as given in the execution case tallied with the decretal land of the premises and that there could be no bar to the execution of the decree. On an appeal aga..Category: Tenancy Law | Date: | Hits: 89
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