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Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)

....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......ncil with costs, the order as to costs is to be enforced by execution in the court which passed the order originally. It was observed that the Code is not exhaustive and that there; is an inherent power in the court to have the order for costs passed by it to carry into effect. In the case of Pa......ndra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Nessa Bibi and others. ...Respondents Judgment July 3, 1975. Cases Referred to: Jogendra Chandra Sen Vs. Bibee Wasidunnessa Khatun 11 C.W.N. 856; Mohammad Baqar Vs. M...... a finding that Respondent No. 1 Ashrafun Nessa was claiming in good faith to be in possession of the property on her own account, the execution case should not have been dismissed. Leave was granted to consider the above question. 4. Mr. Golam Rabbani, the learned Counsel for ..

Category: Property Law | Date: | Hits: 77

Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)

....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......ircumstance the case is generally, sent back to the said Court for a rehearing of the/ matter on evidence by the same Court. The High Court may, however, hear the case on, evidence in exercise of its power under section 103 C.P.Code if it so choses. But in the said event, it shall have gone to into ...... Hossain J Debesh Chandra Bhattacharya J Khondkar Mohiuddin…………...Appellant. Vs. Syed Moin Ahmed…………....Respondent Judgment August 13, 1976. Cases referred to: Mt. Durga Choudhurani Vs. Jawahri Singh Choudhurani, L.R. 17 I.A. 122, = I.L.R. 18 Cal. 23; ...... that the defendant was a trespasser and the plaintiff sued him as a trespasser and that the defendant was stopped from disclaiming that position and asserting that he was a tenant. Leave was granted to the plaintiff to consider whether the High Court exceeded its jurisdiction in interfe..

Category: Tenancy Law | Date: | Hits: 68

Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)

....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ...... the said Custodian, Addl. Custodian, Dy. Custodian, Assistant Custodian such rights duties and responsibilities, as might be prescribed, in respect of the property vested in them. In exercise of the powers under rule 182(1) (b) of Defence of Pakistan Rules was the Government concerned issued a noti......Rahman and another………….Appellants Vs. Sree Kailash Chand Burmecha and others………..Respondents Judgment August 26, 1975. Result: The Appeal fails. Cases Referred to- Hajee Nurul Islam Chowdhury and others Vs. The Patya Tea Company Limited (1968) 20 DLR (Dac.......application was not maintainable, the learned Judges considered the said application on merits and found that there was no substance in the said application. 9. Special leave to appeal has been granted by this Court to the appellants to consider 3 points namely (i) whether further proceeding i..

Category: Property Law | Date: | Hits: 93

Lal Meah, being dead his heirs Momena Khatun & others Vs. Haji Md. Ibrahim Meah & others, 1975, 4 CLC (AD)

.... call such additional evidence on the question as it may deem fit. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 61. ...... call such additional evidence on the question as it may deem fit. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 61. ......un & others………..Appellants. Vs. Haji Md. Ibrahim Meah and others......Respondents Judgment November 28, 1975. Result: The appeal is allowed in part. Cases Referred to- Rani Harshamukhi Kshitndra, 47 C.W.N. 662, Anup Mahto vs. Mita Dusadh, 38 C.W.N. 365 (P.C.), ......s now become decisive. It will be open to plaintiff to show the continuous possession of Subhan and his heirs, either direct or constructive, on the suit land for the prescriptive period before the grant of Patta in his favour. We feel that a determination of this question is necessary for complet..

Category: Property Law | Date: | Hits: 82

Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)

....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......make such order as may be deemed fit in a particular case, the Tribunal shall have, no doubt, to declare the election to a particular office to be void as a whole but it would be perfectly within its power to direct that fresh polling shall take place only with regard to the polling centre where the...... The Appeal is dismissed. Lawyers Involved: Shah Azizur Rahman with Latifur Rahman, Advocates, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Faqeer Shahabuddin Ahmad, Attorney-General, instructed by A. M. Khan Chowdhury, Advocate-on-Record- U/O XLV Rule 1 (SC) Appellat......tion summarily being of the view that there having been no counting according to Rules, the result of the election must be held to have been materially affected thereby. 7. Special Leave has been granted to appeal against the said Order of the High Court Division to consider the question wheth..

Category: Election Law | Date: | Hits: 122

Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)

....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......n perfectly clear by qualifying all those properties by using the expression, "belonging to the judgment-debtor" or "over which or the profits of which, he has a disposing power". 9. The subject matter of attachment in the instant case is no doubt a sum of m......J. Bangladesh……Appellant. Vs. Mohd. Abdur Razzak and another………. Respondents Judgment Aug. 4, 1975. Cases referred to: Gajraj Sheokarandas Vs. Hukam Chand Sarupchand AIR 1939 Bombay 90; Province ......he Judgment and order dated 2. 5. 1969 passed by the High Court of East Pakistan in Civil Re-vision Case No. 101 of 1968). Judgment: Kemaluddin Hossain, J.—Facts leading to the grant of Special leave to appeal are as follows: Respondent 1, Md. Abdur Razzak obtained a m..

Category: Civil Law | Date: | Hits: 103

Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)

....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......of 1969). Judgment Ahsanuddin Chowdhury, J.—These two appeals, by special leave, arise out of a single judgment of a Division Bench of the High Court of Bangladesh refusing in exercise of powers under section 561A of the Code of Criminal Procedure, to quash the proceeding in D.A.B.C. R. ........ Appellant (In Criminal Appeal No. 29 of 1974). Vs. The State ………………...Respondent Judgment February 10, 1976. Result: The appeals are dismissed. Cases Referred to- Raja Huq Newaz V. Mohd. Afzal, 19 DLR (SC) 369; Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ..

Category: Anti-Corruption Laws | Date: | Hits: 225

Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)

....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ...... contended that the service of notice as contemplated in section 8(2) of the Act is not a question of mere procedure but is of jurisdiction and that the condition precedent to the exercise of any power under the aforesaid provision of law, including entertainment of an application thereunder, is...... Hossain J D. C. Bhattacharya J Government of Bangladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton...... period of 4 (four) months from 2-4-68, the First Court of Subordinate Judge, Dacca was moved by him for extension of time in what was registered as Miscellaneous Case No. 78 of 1968. Extension was granted from time to time and the matter having been heard by the Arbitrator in the meantime, the ..

Category: Alternative Dispute Resolution | Date: | Hits: 258

The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)

....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ...... Income Tax, Dacca Zone........Appellant Vs. M/s. Gulistan Cinema Co...................Respondents Judgment 17th & 18th November, 1975. Cases Referred to: The Commissioner of Income-Tax East Pakistan Dacca Vs. Messrs. Haji Gaffar Haji Habib ...... for contempt of Court. Clause (3) says that an appeal to the Supreme Court from a judgment, decree, order or sentence of a High Court not covered by clause (2) shall lie only if the Supreme Court grants leave to appeal. 11. An analysis of this Article shows, that in cases covered ..

Category: Fiscal/Taxation Law | Date: | Hits: 126

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. ...... thereof, the tenure or holding, shall, subject to the provisions of section 90 of East Bengal State Acquisition and Tenancy Act 1950, where that section is in force, pass to the purchaser with the power to annul encumbrances with the restriction provided by the Act. This is the material part of t......��…………………………… Appellant. Vs. Khadem Ali Meah .........................Respondent Judgment November 17, 1977. Result: The appeal is allowed. Cases Referred to- Ananda Chandra Nandy Vs, Jhulon Singh. 33 C.W.N. 305; Sri Bansi Gopal Jiu Vs. Uday Chan A.I.R......ificate debtors had failed. But the defendant being in possession, the question to be determined is, whether plaintiff has a better title to recover possession from him. 6. Since leave has been granted to consider the question, we propose to deal with it, in the proper perspective. We first ..

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.......e and the result would be that the appellant would remain the Mutwalli of the Wakf Estate as was decided by the learned District Judge, provided, of course, his decision was within the scope of his powers conferred by section 43 of the Ordinance. The learned Counsel, therefore, first attempted to ............................ Appellant. Vs. Md. K. Alam alias S. Alam & others............. Respondents Judgment July 1, 1977. Result: The appeal is dismissed. Cases Referred to- Must. Dirji Vs. Smt. Goalin, AIR 1941 Patna 61 (E.B.); Afsaruddin Vs. Wazed Ali Khan and ano......the order passed by the learned Judge of the High Court, the appellant filed a petition for special leave to appeal in the Supreme Court of Pakistan. On December 1, 1969 the Supreme Court of Pakistan granted leave to consider the following contentions raised by the appellant: (1) acknowledgmen..

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. ......his 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 powers under this section will give relief to the borrower, it shall exercise all or any of the ......y J.- This appeal on special leave arises from the judgment and order of the erstwhile High Court of East Pakistan dismissing an appeal after remand by the erstwhile Supreme Court. Facts leading to this appeal may briefly be stated as follows:—Respondent Nos. 1 to 14 filed under rules 7 and 9......ha) and schedule V (kha) is disallowed" The defendant, having felt aggrieved by the decision of the High Court for the second time, sought special leave to appeal from the said judgment. The leave granted by the Supreme Court is as follows: "The judgment of the High Court against which leave..

Category: Property Law | Date: | Hits: 64

Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)

....use of justice or prevent an abuse to it’s process. 17. The authority which has been given to a Court under Order 21, rule 29 of the Code, to stay an execution proceeding is no doubt, discretionary and there are no express provisions in the rule making the use of such authority subj......sdiction in staying the execution proceeding till the disposal of the Miscellaneous case under Order 33 of the Code. Learned Counsel has further submitted that there are no provision, in the Code empowering the Court to stay, in the circumstances of the case the progress of the proceeding in exe......erformance of a contract for sale of land against Respondents No. 1 and 2, the two brothers, who appeared in the suit and filed two separate written statements, but both of them having failed to appear at the time of the hearing the suit was decree exparte on 18-4-68. Respondent No. 1 there......sufficient reasons for passing the said orders and summarily rejected the appellant’s application under section 115 of the Code of Civil Procedure. 5. Special leave to appeal was granted to consider the principle under which a Court may pass an order staying the progress of col..

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. ......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. ......, with Md. Ismail Khan, Advocate, instructed by S. M. 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......statement a conclusion could be drawn by the domestic 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. ..

Category: Labour and Industrial Law | Date: | Hits: 151

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. ......e of the mutwalli, but under s. 32, he is to give mutwalli, an opportunity of being heard. Then again section 38 emphasises that the Administrator for the purpose of any enquiry shall have the power of a Civil Court, as regards enforcement of the attendance or examination of witnesses, or p...... J Fazle Munim J Md. Shaukat Ali Mia………………………………….. Appellant. Vs. Administrator of Wakfs and others ……….....Respondent. Judgment May 31, ......nd Order dated the 27th July, 1971 passed by the High Court, Dacca in Writ Petition No.60 of 1969 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 o..

Category: Property Law | Date: | Hits: 43

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. ......ranjan Cotton Mills Limited, Martial Law Order No. 104 of 1960 was promulgated by the Zonal Martial Law Administrator of East Pakistan. Under this Marital Law Order, the Provincial Government was empowered to appoint an Administrator take over the management of the Company. But the said Order cle......p; February 23, 1977. Lawyers Involved: Md. Ansar Ali, Advocate, instructed by Md. A. Aziz, Advocate-on-Record—For the Appellant. Sultan Hossain Khan, Deputy Attorney General instructed by Abdur Rab-I, Advocate-on- Record—For the Respondent No. 1. ...... 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. ..

Category: Employment/Service Law | Date: | Hits: 81

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. ......stances of the case the share-holders could be said to have their interests affected by the said auction sale within the meaning of the Code, or that, in any event, the executing Court had inherent power to set aside the sale which had been fraudulently held as a result of a conspiracy. In support......manik and others.................Appellants. Vs. Mohd. Mokarram Hossain... ……………….Respondents Judgment March 4, 1976. Result: The appeal is dismissed. Cases Referred to- Basanta Kumar Roy Vs. Charu Chandra Pal, 62 C.W.N. 122: AIR 1958 Cal. 543 ; Vaidyanath ......69. (From the judgment & Order dated 17.8.67 passed by the Dhaka High Court in Civil Revision No. 1380 of 1965) Judgment Debesh Chandra Bhattacharya J.- In this appeal special leave was granted by the Supreme Court of Pakistan to consider the question whether a share-holder of a privat..

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. ......not authorise the lessor to take forcible possession of the property from the lessee without recourse to a Court of law, if the lessee does not voluntarily surrender possession. Except for the power contained in clause 16(1) of the lease deed, which is insufficient to authorise forceful disp......ip;Petitioners. Vs. M/S. A. T. J. Industries Ltd. and others................. Respondents Judgment April 12, 1977. Lawyers Involved: K. A. Bakr Attorney-General, A. Wadud Bhuiyan, Assistant Attorney-General, instructed by M.R. Khan, Advocate on ......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. ..

Category: Property Law | Date: | Hits: 57

Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)

....n no reciprocal arrangement between the Governments of India and Afghanistan. The learned Judges of the Supreme Court of India were of the view that the order under appeal being essentially a discretionary order, no case was made out for interfering with the said order and made the followin......d 2 by Respondent No. 3, representing himself as an attorney of the appellants and their two co-sharers, is void and without legal effect. The main allegation in the plaint is that the power of attorney, which was purported to be executed by the appellants and their two co-sharers in....... 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, Attorney-General with A. Wadud Bhuiyan, Asstt, Attorney General, instructed by S.S. Hoda, Advocate on......n in Supreme Court decision, referred to above, to the facts of the instant case and in setting aside the earlier order issuing direct commission on the basis thereof. 5. Special leave was granted in this case to consider the extent of jurisdiction of a Court in Bangladesh to issue a com..

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. ......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. ......d: Ahmad Sobhan, Senior Advocate, instructed by S.M. Huq. Advocate-on-Record.—For petitioner. Not represented—For the Respondents. Civil Petition for Special Leave to Appeal No.57 of 1977. (From the Judgment and Order dated the 28th January, 1977, passed ......ration to draw the disciplinary proceeding against him without jurisdiction, 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 ..

Category: Procedural Law | Date: | Hits: 107

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