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Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....lternate 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 for attention, is a decision of a single Judge in the case of Tarangini Devi vs. Govinda Mallik 9 DLR 57. The decision arose out of a sui...... 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. ......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. ......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. ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....ondent No. 1. 6. The respondent No. 2 preferred an appeal (Miscellaneous appeal No. 12 of 1968) against this order under section 43 of the East Pakistan Wakfs Ordinance, 1962 before the District Judge, Rajshahi, who by the judgment dated September 16, 1968 dismissed the appeal on findings, in......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.......inding 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.......DLR.442; Azizul Huq Vs. M/S. Hanif Ltd. and others, (1955) 7 DLR; 287; Aswad Mia and another vs. Shahidulla Mia, (1958) PLR Dacca 1163; Anil Das and others Vs. Mostaque Ahmed, (1966) 18 DLR 86; IDBP (Bangladesh) Vs. M/S. Master Industries, (1974) 36 DLR 157 and Bangladesh Fisheries Society Ltd. Vs. ..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....houdhury J Fazle Munim J KM Subhan J Nuruzzaman Chowdhury…………………………………….Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 1977. Lawyers Involved: Mozammel Hoque, Senior Advocate, instructed, b...... 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. ......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 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. ..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... dismissing summarily an application filed by the appellant under section 115 of the Code of Civil Procedure, challenging the validity of the two orders passed by the Court of the Subordinate Judge of Khulna in a proceeding under Order 33, Rule 1 of the Code, instituted by Respondent No. 1,......sustainable. 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. ......ble. 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. ...... 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. ..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. ......ribunal 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. ......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. ......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 of 1975) Judgment: ..Category: Labour and Industrial Law | Date: | Hits: 151
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....vided that no such order for removal of a Mutwalli shall be made without giving him an opportunity of being heard. Sub-section (3) gives the aggrieved person a right of appeal to the District Judge. Sub-section (3) provides for a revision to the High Court and makes the decision of the High......f 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. ......, 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. ......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)
.... charges, namely under section 120-B along with 13 others for conspiracy to murder Dr. Salam and further under section 303/34 with other accused persons for murder of Dr. Salam before the Sessions Judge, Rajshahi. The trial ended in conviction of the respondents along with 13 others under the fi......ation 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. ......ereof. 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. ..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
....provides for punishment of specific offence. The evidence bearing on the charge of murder and abduction should be separately considered.” It is regrettable that the learned Judges of the High Court Division failed to notice that the learned Trial Judge formulated four poi...... 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. ......ortation 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. ...... Ahsanuddin Chowdhury J: The petitioner along with one Akkas AH Dafadar faced a trial on three charges viz. under section 148 read with Article II(c) of Bangladesh Collaborators (Special Tribunal) Order, 1972, 364/34 and 302/34 in the alternative under..Category: Criminal Law | Date: | Hits: 62
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....f 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 finding of the lower appellate court was based on conjectures and surmise......nbsp; as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ...... second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......-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 of 1970) Judgment: &nb..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....gh Court in Criminal Appeal No.3 of 1969) Judgment: Ahsanuddin Chowdhury J: The petitioner K.M. Zaker Hossain faced a trial in the Court of the Special Judge, Pabna on two charges namely, under section 409 of the Bangladesh Penal Code as well as under...... 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. ...... 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. ...... Ahsanuddin Chowdhury J: The petitioner K.M. Zaker Hossain faced a trial in the Court of the Special Judge, Pabna on two charges namely, under section 409 of the Bangladesh Penal Code as well as under section 5 (2) of Act II of 1947. He was acquired of the char..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 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. ......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. ......al No. 1, Bogra. 2. The appellant along with 11 others were put on trial before the aforesaid Special Tribunal on charges under section 302/34 Penal Code read with Article 11 (a) and (b) of the Bangladesh Collaborators (Special Tribunal) Order, 1972, which is commonly known as President's Orde..Category: Criminal Law | Date: | Hits: 63
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....round was that the offence alleged under section 420/511 of the Penal Code was a scheduled offence under the Criminal Law Amendment Act, 1958, and so exclusively cognizable by the Special Judge, appointed under the said Act. The Sessions Judge made a reference to the High Court for...... 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. ...... 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. ......CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Mansur Ali............................. Appellant Vs. Bangladesh and another............... Respondent Judgment ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....houdhury J.- This appeal by special leave is from a judgment of the erstwhile High Court of East Pakistan in First 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 circumst......herefore, 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. ......, 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. ......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. ......ths 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. ....... 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. ......e cigarettes and another shopkeeper named Harunur Rashid. The police after investigation submitted a charge sheet when the appellant faced the trial before the Special Tribunal under section 392, Bangladesh Penal Code read with section 28 of the Special Powers Act. The trial ended in conviction ..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....ated at Pabna town. Respondent No. 3 having obtained a money decree against the said company got the said Cinema Hall put up for sale in execution of the said decree in the First Court of Subordinate Judge Pabna and Respondent No. 1, purchased the said property in auction for a sum of Rs. 3000/......r 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. ...... 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. ......954 S. C. 349 where it had been held that the Court would not invoke the inherent power to circumvent the mandatory provisions of the Code. 79. A Division Bench of the pre-constitution Bangladesh High Court had to consider the question of the applicability of section 151 of the Code f..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....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 consideration of the respective contentions of the parties, held that ......w 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. ......wful 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. ......ion (Civil) Present: Syed A.B. Mahmud Husain C J Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Bangladesh and another………………………&hell..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....rya 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 jurisdiction, with an order of a Subordinate Judge setting aside an order previously made by his predecessor, issuing a commission for exam......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. ......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. ......ce Company vs. Mis. Muralidhar Benechand, reported in (1955) 10 D.L.R. (S.C.) 136: P. L. D. 1958 S.C. 138, that in the absence of a reciprocal arrangement between the Governments of India and Bangladesh regarding examination of witnesses on commission the Court had no jurisdiction to issue ..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....er. On revision by the Corporation, a Bench of the Dacca High Court, reversed the decisions of the courts below and thereby rejected the prayer for temporary injunction. 2. The learned Judges held that the Corporation had the jurisdiction to deal with the matter of delinquency o......d 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. ......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. ......hellip;……………………………………………………..Petitioner. Vs. Bangladesh Jute Industries Corporation and others……………&hell..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
.... tallied with the decretal land of the premises and that there could be no bar to the execution of the decree. On an appeal against the said order of the Executing Court, the Court of the subordinate Judge held that the decretal land had bee correctly mentioned in the execution petition and that t......jecting 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. ......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. ......Second Appeal which was preferred by the petitioner to the Dacca High Court against the appellate 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 cas..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
.... enactment of the Hindu Widow Remarriage Act, 1856 and as such held that the provision of section 2 of the Act was available in her ease. 5. On appeal, the learned Additional District Judge who heard the appeal affirmed the finding of the trial Court that there was no evidence to sh......p; ...... ......of Dacca High Court also has adopted the same reasoning in the judgment under appeal before us. 63. This Court had to examine in one of its recent decisions, Messers Amin Jute Mill Ltd vs. Bangladesh in the relative role of the preamble of an enactment in the interpretation of its enacti..Category: Property Law | Date: | Hits: 59
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