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Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....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......s of the case for ascertainment of the conditions under which a lawful decree of a court may justifiably be stayed till the decision of the pending proceeding. The Court appears to have mechanically passed the order of stay without being satisfied as to whether the execution of the decr...... 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. ......, 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......l Huq, and the other was his issuing a false leave order to a worker, Abdul Hamid. Mr. Chowdhury argues that the employee was not given an opportunity to examine his witnesses and that the employer called no witnesses before the Enquiry Committee. Before the Labour Court evidence was led and the ......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. ..Category: Labour and Industrial Law | Date: | Hits: 151
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....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, ......ed, and served on the Mutwalli for his explanation against his removal. In this view of the matter the competency of the petition, before the Administrator for want of affidavit, does not call for any further consideration. 4. On the second question, Mr. Yeasin has tried to supp......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. ...... State.....................Appellant. Vs. Fazu Kazi alias Kazi Fazlur Rahman and others .................Respondents. Judgment March 9, 1977 Cases Referred to- Joygun Bibi State (1960) 12 DLR (SC) 157, Moqbul Hossain Vs. State 12 DLR (SC) 217. ......y dragging away Dr. Salam from the mosque having gagged his mouth with a 'gamcha'. Dr. Salam was taken towards the river ghat to the south of the mosque and was murdered there. P. W. Sachindra called a number of persons and while they were proceeding towards the river ghat they met P. Ws. E......ri. Due to that enmity and bitter feelings the respondents along with other accused persons hatched a conspiracy to murder Dr. Salam. The prosecution case further was that Dr. Salam convened a meeting in front of his Dispensary at Dayarampur Bazar on 21st Sraban 1373 B. S. corresponding to 7..Category: Criminal Law | Date: | Hits: 80
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. ......ith Khandker Mahbubuddin Ahmed instructed by A. Rob - (2) Advocate-on-Record—For the petitioner. Not represented— For the Respondents. Criminal Petition for Special leave to Appeal No.5 of 1977 (From the Judgment and Order dated 27 th August, 1976 passed by the H......s in a meeting held on 30-9-1964. One of ' the schemes was to manufacture 19, 65,000 bricks for the Pabna-Trimohoni Road. The estimated cost for brick manufacture was Tk. 2, 03,500/-. Tenders were called for but the sale of tender forms was restricted under petitioner's direction to certain....../00 out of which Sadar Sub-Division of Pabna got Tk. 7,00,000/-. To utilise the said amount the District Council of which the petitioner was the Chairman took up some development schemes in a meeting held on 30-9-1964. One of ' the schemes was to manufacture 19, 65,000 bricks for the Pabna-..Category: Criminal Law | Date: | Hits: 69
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....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. ......o be determined in judging an officer to be a public servant within the meaning of section 21 of the Penal Code, and they are not in dispute. A detailed discussion of these authorities is not called for. However, we would like to mention some of them. We think that the best enunciation of t......on 31-12-1970, Respondent 2, a trustee of the Provident Fund Trust lodged a complaint before the Sub-Divisional Magistrate, Dacca alleging that the appellant had forged a proceeding of a meeting of the Board of Trustees purporting to authorise the transfer of Rs. 2, 80,000/- from the P..Category: Employment/Service Law | Date: | Hits: 81
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. ......34. Conviction can be based on the solitary evidence of a witness, of course the veracity of the witness is not tainted in any manner…………(6) The High Court Division has rightly declined to interfere with the finding of the facts on extraordinary writ jurisdiction. In doing so the High ......The High Court Division has rightly declined to interfere with the finding of the facts on extraordinary writ jurisdiction. In doing so the High Court Division did not commit any illegality which may call for interference………(7) The question of sentence is at the discretion of the convicting......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)
....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 ......rty itself". 20. In the case of Hiralal Saha vs. Akshary Kumar Saha, 37 C.W.N. 766; A.I.R. 1933 Cal. 815, it was held that the contingent liability of a defaulting auction purchaser who was called upon to put in the deficiency in the sale price on resale of the property under Order, rule 7......the Company are appointed by the general body of share-holders in the manner prescribed by law and the share-holders may exercise a kind of control by adopting resolutions in General or Extraordinary meetings of the Company, but it will not be correct to say that they are the agents or representat..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....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. ......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)
....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......tter of request had not the opportunity of taking note of this circumstance, which was brought into existence long after the making of the said Rules, and it will not therefore, be proper to mechanically apply the said Rules for regulating the issue of commission or letter of request for ex......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
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....ranted at the instance of Bangladesh, the appellant, to consider the following points: (1) Whether the High Court Division correctly interpreted s. 86(2) of the Excise Act which expressly empowers the Government, amongst others, to fix the spirit strength of medicinal preparation which i......Respondent (In Appeal No. 24 of 1976) Mr. M.A. Quddus for M/s. Ayurvedic Kutir .......Respondent (In Appeal No. 25 of 1975) Judgment February 2, 1977. Lawyers Involved: K A Bakar, Attorney-General with M/S Sultan Hossain Khan, Deputy Attorney-General A.Wadud Bhuiyan, Assistant Atto......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....rade Union, if not recognised. 14. A registered Trade Union has been given, under section 13 of the Trade Union Act, 1965 the status of a juristic person having a perpetual succession with power to acquire and dispose of property and to contract. Chapter III of th...... then Constitution of Pakistan, 1962. 2. The appellants who were formerly employees of the Respondent Company were retrenched by the Respondent Company in pursuance of an agreement entered into between the Respondent Company and Respondent No 2, which happens to be a registered Trade Unio......luded by the Respondent Company and the Respondent Union may come under sub-section (2) of section 14 of the Labour Disputes Act, as quoted above. The said provision refers specifically to a recognised Trade Union but has obviously no application to the case of an unrecogni......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)
....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. ......llip;…………….. Respondents. (In C. A. No. 26 of 1976) Judgment Feb. 11, 1977. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General with B. B. Roy Choudhury, Assistant Attorney-General, instructed by S. S, Hoda Advoc......ent, and that decision is notified in the gazette under section 5(7) of the Act, when the property vests in the Government. The provisions are so clear, that no amount of casuistry can be called in aid to treat the proposal into an accomplished act. 17. Mr. Deputy Attorney-Gener......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. ..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....earned Counsel for the appellant has strenuously argued that the authority concerned had no absolute discretion to choose and notify such other area for enforcing the Act thereat but that its power in this regard was limited to urban areas only and that the areas notified by the impugned no......…. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment May 7, 1976. Cases Referred to- Messrs Chittagong Jute Manufacturing Co. Ltd. Vs. Province of East Pakistan in P.L.D. 1......7 of the Electoral College Act, 1964." After these amendments Section 1 of the East Pakistan Immoveable Property Tax Act, stood in the following form: "1. (1) The Act may be called the East Pakistan Urban Immoveable Property Tax Act, 1957. (2) It shall extend ......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ......7. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate with Abdul Malek, Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Petitioner. K. A. Bakr, Attorney-General, with A. W. Bhuiyan, Assistant Attorney-General, instructed by B, Hossain, Advocate-......t a distance of 500 yards from that of Noapara hat, will not destroy the existence of the latter. The lawful sitting of the Tarabo hat by a supposed threatened destruction of Noapara hat, does not call for the issue of a temporary injunction on the Respondents. He therefore set aside the orders ...... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....he position of civil servants and do not hold office at the pleasure of the Crown. But if the posts of such employees are offered to them as permanent pensionable posts on conditions which included powers of dismissal for specified reasons, the power of dismissal on reasonable notice, which is inc......a..............Appellant Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Ba......ial leave is against a judgment of the Constitution Bench of the High Court Division. The respondent was first appointed on a temporary basis as a Deputy Director under the appellant which was then called 'East Pakistan Small Industries Corporation' and he was confirmed after 2 years of service ......e a new influence and who will set a different example from that which has lately obtained". After his acquittal the appellant applied to be reinstated, but on March 7, 1958, the Watch Committee at a meeting decided that he had been negligent in the discharge of his duties as Chief Constable and, in..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
..... This total lack of provision to govern the Court under the Land Acquisition Act in terms of s. 91 A, is a manifest indication of the legislative intent not to whittle down in any manner the power and jurisdiction of the said court. A comparative- reading of two enactments indicates t.................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Referred: Rangoon Botatoung Co. Ltd. Vs. Collector of Rangoon, 39 IA 197—ILR 40 Cal. 13 (PC); Sand Back Charity Tru...... The land was requisitioned on 9-7-1960 by Additional Deputy Commissioner, Dacca, in L.A. Case No. 73 of 1959-60 under sub-section (1) of section 93A of the Town Improvement Act, 1953 (hereinafter called the Act) and acquired under clause (a) of sub-section (4) of section 93A by Government Order......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
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....find against him on the lesser charge. We need hardly point out the unfairness and impropriety, to use no stronger term, of this procedure and we are determined so far as it lies in our power to stop this abuse of the provisions of section 364 of the Indian Penal Code. It was the d......25 130. Lawyers Involved: T. H. Khan, Advocate with Rabeya Bhuiyan, Advocate, instructed by S. M. Huq, Advocate-on- Record—For the Appellant. Faqeer Shahabuddin Ahmed, Attorney-General, with Abdul Wadud Bhuiyan, Assistant Attorney-General instructed by B. Hossain,...... under section 364 were sufficient, if believed, to establish the more serious offence of murder or at1 least abetment of murder. If the evidence of murder was not believed, there was practically nothing before the Jury to show that the object with which the woman was taken away was...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ...... The Penal Code, 1860 (XLV of 1860), Section 302 The act being not a pre planned or pre-meditated one or, in other words, death having not been done to the driver in a preplanned manner; the death so caused by the condemned prisoner, cannot be cons......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......ife of a young bus driver by firing shot from his rifle which was given to him by the Government for the purpose of maintenance of law and order” and that the driver was done to death for not meeting the illegal demand and “without any provocation whatsoever” and that “if ..Category: Criminal Law | Date: | Hits: 74
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....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. ......Lawyers Involved: Abul Quasem, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1244 of 1999. (From the judgment and order dated 31-5-1999 passe......f 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found that illegality has been committed in not calling for the record of the earlier Title Suit No. 21 of 1968 over which the present suit has bee......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
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