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Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
.... an appeal lies to the District Judge by the mutwalli against the order of removal. Against the appellate judgment of the District Judge a revision lies to the High Court Division. This is a specific provision of law in a special statute. The appellate power of the High Court Division are specifical......d in the Code of Civil Procedure that a "Public Officer" is also Subordinate to the High Court Division or to the Civil Court. 6. The Waqfs Ordinance is a special statute governing the law relating to the administration and management of waqf properties in Bangladesh. When the Adminis..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....ve brought the law in line with the decision (by the Privy Council) in Mohant Ramcharan Das's case (A.I.R. 1938 P.C. 44=39 C.W.N. 433) which was decided under Article 144. In view of the specific provisions in Articles 134 A, 134 B, 134 C it is no longer necessary or permissible to resort t......ew that since alteration by the previous Mutawallis on the basis of kabala Ext. A in favour of defendant No.1 was void ab initio being in negation of the trust, the possession of the transferee was unlawful and consequently adverse from the very beginning i.e. from 3.5.1937, that defendant No.1 havi..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
.... 4. The learned Assistant Attorney General in support of the Rules has submitted that learned Additional Sessions Judge stopped the proceeding and released the accused persons ignoring the provisions of section 35(C) of the Code of Criminal Procedure (Second Amendment) 1982, hereinafter r......Case No. 369/1982 as stopped and releasing the accused persons under section 339C (4) of the Code of Criminal Procedure. These two rules are disposed of by this judgment since questions of law and facts involved in them are same. 2. The accused-opposite parties in both the rules were..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....ed occurrence is 28-7-71. From the FIR it does not disclose anything that was done by the accused in connection with the National Liberation Struggle or for maintenance of law and Order to invoke the provision of P.O. 16/73. The offence complained of can in no way be connected with liberation moveme......bsp;B.P.C. The date of alleged occurrence is 28-7-71. From the FIR it does not disclose anything that was done by the accused in connection with the National Liberation Struggle or for maintenance of law and Order to invoke the provision of P.O. 16/73. The offence complained of can in no way be conn..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....eceipt of the balance consideration money. The plaintiff has, therefore, been compelled to bring the suit against the appellant defendant company making the Government defendant No.2 according to the provisions of President's Order No. 42 of 1972. 3. The case of the appellant defendant is t......r No. 16 of 1972 read with the Bangladesh Abandoned Property Order, 1972 whereupon such business and properties of Imperial Chemical Industries (Pakistan) Limited in Bangladesh vested by operation of law in the Government of Bangladesh with the result that the Imperial Chemical Industries (Pakistan)..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
....ointment of an Assistant Professor in the Law Faculty of Rajshahi University on the ground that the Vice-Chancellor was not empowered to make such appointment within the four corners of the provisions of sub-section 5 of section 12 of Rajshahi University Ordinance XXVI of 1973 as the impug......it before a Munsif praying for a declaration that such order of an ad-hoc appointment of an Assistant Professor in the Law Faculty of Rajshahi University was passed by the Vice-Chancellor without any lawful authority and consequently prayed for perpetual injunction permanently restraining the V..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....on for the transfer as late as on 28.11./1982 i.e. more than two and a half years' after the actual transfer. It has been argued that the transfer is illegal and void ab initio. 38. Relevant provisions of section 13 of the said Act are as follows:- "13 (I) No person shall, except ......company is Tk. 26 lakhs divided into 26 thousand snares of Tk. 100.00 each. It is stated that on the basis of a business arrangement Taiwa Company Ltd. a company incorporated under the laws of Japan (hereinafter called Taiwai) became a share holder of the respondent No.1 Com..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......uit lands after the purchase showing subsequent conduct of the parties and as such their finding of benami has been erroneous. The learned Advocate further submits that the Courts below have erred in law in relying upon the Muktinama Ext. 1 dated 20.3.67 even though the defendants had alleged that t..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
.... in the witness box at all. But previously there was some controversy as to whether a party's previous admission can be used against him without drawing his attention to it in accordance with the provision of section 145 of the Evidence Act when the party is in the witness box. Contrary views on......ition of fact affirmed by the pre-emptors regarding 'the fact that if the pre-emption is allowed, the added land will not exceed the ceiling of land the pre-emptor are permitted to hold under the law has not been specifically and sufficiently denied by the pre-emptees….(18) Objection..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
.... them. The informant-petitioner thereafter obtained the present Rule against the said order of acquittal. 3. Chapter XXIII of the Code of Criminal procedure comprising sections 265A-265L contain provisions of trial before Courts of Sessions. It is very much necessary for the Sessions Court to f...... that the informant had lost interest in the prosecution. 11. In the olden days the Code of Criminal Procedure maintained a distinction between summons cases and warrant cases it was the settled law with regard to trial of a warrant case that it was not the complainant but the Court's duty ..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)
....pplications. By P.O. No. 27 of 1972 it was nationalized and placed under the Bangladesh Cotton Mills Corporation. Article 23 of P.O. No. 27 of 1972 originally provided as follows: “23. No. provision of law relating to the winding up of companies shall apply to a Corporation and a Corporat......t Mustafa Kamal J. – These applications u/s. 171 of the Companies Act have been heard together and will be disposed of by the same judgment as they all raise a common question of law. 2. Dkakerwari Cotton Mills Ltd. Is the common respondent in all these applications. By P.O..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
.... contents of the original document.. The copies thus given are in so far as the original registered documents are concerned. Where a case for the reception of secondary evidence is made out under the provisions of section 65 of the Evidence Act, certified copy of the registered document be......t under the provisions of section 57(5) of the Registration Act…..(9) Under section 33 of the Evidence Act, evidence given by a witness before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judicial proceeding the truth..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
....for trial at the time of the promulgation of the Ordinance i.e. on 21-8-82. According to him this was not a pending case for trial on the date of promulgation of the Ordinance as such transitory provisions would not be applicable in the facts and circumstances of the case. 5. Mr. M. A. Wah...... In the result, the Rule is discharged. The order of stay for further proceeding of Sessions Case No.508 of 1982 is vacated. The Sessions Case No.508 of 1982 is now proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ...... his men proceeded to that direction and when they reached the place they were surrounded and one accused person hurled a hand bomb upon them in consequence of which complainant's brother-in-law was injured. Accused Abdus Sattar caused bleeding injury on the head of Ruhul Amin by giving a D..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....h effect from 14.6.75. This order of dismissal is against the principles of natural justice. 6. The defendant, District Board filing 2 written statements contended that the suit is barred by the provisions of Articles 94 and 98 of the Basic Democracies Order, 1959. It was stated that the order ...... service on the falsa plea of leave on medical ground. As he was purely a temporary employee under the work-charge establishment he had been dismissed from service after following due process of law. 7. The learned Munsif found with regard to the first order under challenge that the post o..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
.............................................Petitioner Judgment October 25, 1983. Result: The Rule is made absolute. Section 29 of the Special Powers Act, 1974 provides that the provision of the Code (of Criminal Procedure), so far only as they are not inconsistent with the pro......lead to surprising discoveries and may reveal facts sufficient enough to fix the responsibilities for this murder. With that hope I intend to send back the case on remand for fresh trial according to law having regard to the observation made herein." Being aggrieved by the aforesaid o..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....er dated 6.6.81 passed by the Subordinate Judge, Khulna, passed in Misc. Case No.48 of 1980 holding that the court had jurisdiction to entertain the petition for Succession Certificate under the provisions of the Succession Act. 2. Facts leading to this rule in short are that the oppo......site parties in this Revisional Application on the other hand has urged that the impugned orders suffers from no illegality because the court had not exercised a jurisdiction not conferred upon it by law nor it had in exercise of that jurisdiction acted illegally with material irregularity only..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ...... in the F.I.R. that he saw the occurrence from the pond where he was washing his face nor did he state in the F.I.R. that he went to the bridge. He also submits that P.W. 2 Dalilur Rahman (brother-in-law of the deceased) and P.W. 4 Zaker Hossain (nephew of the deceased) did not tell the Investigatin..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......between the parties over the same subject matter in which an order of injunction was already passed requiring the parties to maintain status quo it was held that the proceeding in question was bad in law and accordingly quashed. 5. Mr. Fazlul Karim. learned Advocate for the petitioner, has..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ...... the Court would have allowed the said prayer, but the failure of the plaintiff to so submit was inadvertent, unintentional and purely accidental. This, Dr. Kamal Hossain submits, is an error of law apparent on the face of the record within the extended meaning of the word 'record'. ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
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