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Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....of the registered deed of Wakf dated July 1, 1930 one Salamat Mia who is the Wakf, appointed himself the first Mutwalli and on his death his full brother's son Md. Amir Ali was to be appointed the next Mutwalli, and after him the eldest amongst his sons, if religious and of good character, would b......or the Appellant. S.R. Pal, Senior, Advocate, with M/S. Q.G. Ghauce, Abdur, Rashid Khan, Advocates instructed by Abu Backkar, Advocate-on-Record—For Respondent No. 1. Respondent No. 2.—Ex parte. Civil Appeal No. 27 of 1975. (On appeal from the judgment and Order dated July 1, 196...... 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...Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....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 Aswin, 1374 M.E. a kot-mortgage in favour of Abdul Karim Chowdhury, predecessor-......tanding anything contained in any law for the time being in force, if in any suit to which this Act applies. or in any suit brought by a borrower for relief under this section, whether heard ex-parte or otherwise, the Court has reason to believe that the exercise of one or more of the powe......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)
....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, by which the proceeding in execution of a decree obtained by the appellant against Respondent No. 1 and 2 was staye...... Judgment Nov. 24, 1976 Lawyers Involved: Nizamuddin Haider, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Appellant. Respondent-Ex parte. Civil Appeal No.5 of 1976 (From the Judgment and Order dated 14-7-75 passed b......ellaneous Case No. 187 of 1968, which was ultimately' dismissed for default. An appeal being Miscellaneous Appeal No. 107 of 3 969 which was filed by Respondent No. 1 against the aforesaid order of dismissal of the Miscellaneous Case was also dismissed for default on 1-4-70. Respondent No. 1..Category: Property Law | Date: | Hits: 61
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....her the order of the Administrator removing the petitioner can be sustained, in view of the facts alleged in the application being neither supported by affidavit nor otherwise proved by examining witnesses. Mr. Khandkar Mahbubuddin Ahmed, for the appellant, and Mr. Yea......ocate-on- Record—For the Appellant. Adv. Yeasin, Advocate, instructed by Md. Abdul Aziz Advocate, on-Record—For Respondent No. 2. Respondent No. 1-3-7. Ex-parte. Civil Appeal No. 30 of 1976. (From the Judgment and Order dated the 27th July......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
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....e contracts signed by them. Thereafter respondent and appellant nominated arbitrators on 12.7.54 and 20.7.54 respectively. The arbitrators having failed to come to an unanimous decision even within a extended time appointed an umpire on 6.8.56. The umpire, on the disagreement of the arbitrators, gav......nstructed by Abdur Rab, (absent) Advocate-on-Record—For the Appellant. Asrarul Hossain, 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 date......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
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....ate limited Company, was the owner of Rupkatha Cinema Hall situated 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,&nbs......ved: Syed A.N.M. Nasiruddin, Advocate-on-Record—For the Appellant. M.H. Khandker, Sr. Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Respondent Nos. 1(1)-1(8). Ex-parte-Respondents No. 2 & 3. Civil Appeal No. 4-D of 1969. (From the judgment & Order ......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. ..Category: Property Law | Date: | Hits: 118
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
.... vs. Mst. Kausilla came back to the Division Bench for disposal after the Full Bench had laid down the law as aforesaid in A.I.R. 1932 All 617, the Division Bench (Young and Niyamatuliah, JJ.) in explaining the decision of the Full Bench held in the said case, as reported in A.I.R. 1937 All 330......, instructed by B. C. Panday, Advocate-on-record—for the Appellants. Md. Yasin, Advocate instructed by Md. A. Aziz, Advocate-on-record—For Respondents Nos. 1-4 & 8. Ex-parte. — Respondents No. 5-7 and 9-13. B. N. Chowdhury, Advocate— U/O XLV, R. 1......nbsp; ..Category: Property Law | Date: | Hits: 59
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....cording to the allegations made in the election petition, the appellant and Rakhal Chandra Dey, Respondent No. 2 a (opted unfair means in the election in collusion with the Returning Officer and by exercising undue influence they managed to select election centres and Presiding Officers and Poll......te-on-Record- For the Appellant. T.H. Khan, Sr. Advocate, with A.KM. Shafiqur Rahman, Advocate, instructed by M. R. Khan, Advocate-on Record—For Respondents No. 1 and 5. Ex-parte—For Respondents No. 2-4 &6-27. Civil Appeal No. 22 of 1975. (From t......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. ..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
.... complaint under section 31 of the East Pakistan Labour Disputes Act 1965 (hereinafter referred to as the Labour, Disputes Act). This Company and the Union having subsequently come to an agreement executed on 17-2-67, a Memorandum of Settlement signed by both the parties setting out a polic......olved: Abdur Rab-1, Advocate on Record—For the appellants. Kazi Shafiuddin, Advocate instructed by A. Rob-II, Advocate-on-Record.—For the Respondent No. 1. Ex parte—Respondents Nos. 2-20. Civil appeal No. 14 of 1974. (From the Judgment......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. ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....e Deputy Commissioner in the manner provided in the section. Sub-section 5(1 a) says, that the Deputy Commissioner shall if he considers, the acquisition of any requisitioned property is expedient for a public purpose, he may cause a public notice to be given, stating that the property......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. ......sed the revision case at the instance of the .Government and allowed in part that of the owners. The Government, accordingly, preferred petition No. 63 of 1973 to the Appellate Division against the dismissal of their revision case, and petition No. 64 of 1973 against that portion of the judgment..Category: Property Law | Date: | Hits: 70
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....(1958) 1 All ER 322; Francis vs. Municipal Councillor of Kualalampur (1962) 3 All ER (PC) 633; Vidyodaya University of Ceylon and others Vs. Silva (1964) 3 All ER 865; Ridge Vs. Baldwin, 1964 AC 40; Rex Vs. Electricity Commissioners (1924) 1 KB 171; Nakkuda Ali vs. Jayaratne (1951) AC 66; Rex Vs. L......ction for reinstatement may be competent, notwithstanding the fact that the terms and conditions of the said office are regulated by a contract, because the principle of natural justice, audi altarem partem is attracted in such a case. The substance of this principle is expressed in the maxim, no......rs to be uncalled for. In none of the above cases any evidence of corruption could be established. 2. The second show cause notice was served upon the respondent on 13-3-73 proposing a penalty of dismissal. On 13-4-73, the respondent received a notice from the First Screening Board of the Gover..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. ......e, instructed by B. Hossain, Advocate-on-Record—For the Appellant. T. H. Khan, Sr Advocate, instructed by Mr. M.A. Baqui Maliik, Advocate—For the Respondent No. 1. Ex-parte—Respondent Nos 2 to 9. Civil Appeal No. 7 of 1975. (On appeal from the J......aken a view while disposing Civil Appeal No. 9 of 1975 that an employee of a statutory Corporation does not come within the Master and Servant rule and is entitled to a show cause notice before his dismissal, whether there is any statutory justice rule or not, and also because of the cumulative e..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....yable for the properties acquired under s. 93A. He further says, s. 91A provides in such contingency determination of compensation by the Court under the Land Acquisition Act. He says, the Act except for mentioning the Court under the Land Acquisition Act, has net provided for any trial pro&......espondent Nos. 2, 3 & 6. Shamsul Huq Chowdhury, Advocate, instructed by Mr. S.M. Huq, Advocate-on-Record—4, for the Respondent No. 9. Ex parte.—For the Respondent Nos. 1, 4, 5, 7 & 8. Civil Appeal No.10 of 1974. ......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. ..Category: Property Law | Date: | Hits: 135
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
.... case back on remand for fresh trial. 2. The short fact leading to this petition is that, one Anwar Rahim as plaintiff instituted Title Suit No. 3 of 1988 for setting aside the ex parte decree passed in title Suit No. 21 of1968 by the learned Additional Munsif, Dhaka granting......se back on remand for fresh trial. 2. The short fact leading to this petition is that, one Anwar Rahim as plaintiff instituted Title Suit No. 3 of 1988 for setting aside the ex parte decree passed in title Suit No. 21 of1968 by the learned Additional Munsif, Dhaka granting pe......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
.... submit that the question of nomination comes as per sub section (1) of section 103 of the Act in the event of death of depositor or depositors. The nominee shall be entitled to the payment to the exclusion of any other person. It therefore appears that the Bank shall be discharged of its obliga......ate-on-Record—For Respondent No. 1. Ozair Farooq, Senior Advocate, instructed by Mvi Md. Wahidullah, Advocate-on-Record—For Respondent No.2. Ex parte—Respondent Nos. 3 & 4. Civil Appeal No. 26 of 1999. &nbs......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ..Category: Civil Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
....t. The case of the respondents was that the case holding originally belonged to one Md Shamsuddin who got the same as per lease agreement of 1953. He possessed the same for 12 years and thereafter executed a deed of agreement for sale on 11 December 1970 in favour of one Syeda Reba Habib for con....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ..Category: Property Law | Date: | Hits: 57
Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)
....sp; The Code of Civil Procedure, 1908 (V of 1908), Section 151 The learned judge of the single bench rightly set aside the ex-parte judgment on the grounds of i) prevented by sufficient cause from appearing at the time of ...... The Code of Civil Procedure, 1908 (V of 1908), Section 151 The learned judge of the single bench rightly set aside the ex-parte judgment on the grounds of i) prevented by sufficient cause from appearing at the time of hea......f no substance. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 87. ..Category: Procedural Law | Date: | Hits: 104
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
....sp; The Town Improvement Act, 1953 (XIII of 1953), Section 2(h) Under section 2(h) of the Town Improvement Act the RAJUK may alter the lay out plan this power must be exercised for the purposes of improvement. But conversion of parks and open spaces enjoyed by allot......ecord—For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Ex-parte-Respondent No. 2. Civil Appeal No. 23 of 2000. ...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ..Category: Property Law | Date: | Hits: 56
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....e short fact leading to this petition is that, respondent filed aforesaid writ petition on being aggrieved by letters dated 14th June, 2000, 16th October, 2000 and 6th November, 2000 which were Annexed as Annexures ‘A’ to ‘C’ issued by the present petitioners and a Rule w......s of the present petitioners issued purportedly under section 46 of the Bank Companies Act, 1991 for his removal from the present post and position i.e. Chairman of the bank, on the basis of an ex parte report prepared in gross violation of the principles of natural justice and without any recom......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... Narayanganj and renumbered as Title Suit No. 490 of 1987. The Subordinate Judge, Narayanganj by his judgment and order dated 5-5-1988 dismissed the suit on contest against the defendant No. 9 and ex parte against the rest. Plaintiff’s preferred Title Appeal No.44 of 1988 in the Court of ......arayanganj and renumbered as Title Suit No. 490 of 1987. The Subordinate Judge, Narayanganj by his judgment and order dated 5-5-1988 dismissed the suit on contest against the defendant No. 9 and ex parte against the rest. Plaintiff’s preferred Title Appeal No.44 of 1988 in the Court of Dis...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ..Category: Property Law | Date: | Hits: 46
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