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Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....as held "quashing of proceedings at so early stage gives an unfortunate impression of stifling of criminal prosecutions, by exercise of an extraordinary power which is given for the dispensation of complete justice, in the forms provided by law. It is necessary that this case should be examined fu......e case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......nally took delivery of lesser quantity mixed with earth and dust in the presence of Coal Inspector who supervised the delivery of the coal by the Firm .It was alleged that they did not do their job properly as they allowed the Firm to mix earth and dust in the cod and to give delivery of lesser qu......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
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......din Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1976 (From the Judgment and order dated 24-2-75 passed by the High Court Division in Criminal Appeal No. 330 of 197 3.......ivision in Criminal Appeal No. 330 of 197 3.) Judgment: Ahsanuddin Chowdhury, J.—In this appeal by special leave the point for consideration whether there has been a proper compliance of the requirements of section 342, Criminal Procedure Code and whether the appel......that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 64
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. ......ment 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, reported in (1835-42) All England Reporter 71...... 6. One of the objections which was seriously pressed at the time of the hearing was that the service of a copy of an application under section 8 of the Arbitration Act could not be taken to be a proper service of notice as contemplated in section 8(2) of the Act and that since the service of ......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. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ...... Appellate Division (Civil) Present: A. M. Sayem CJ S. A. B. Mahmud Hussain J Ahsanuddin Choudhury J Kemaluddin Hossain J Debash Chandra Bhattacharya J Matilal Sikder & ors……... Appellants Vs. ......s Vs. Harendra Chandra Dhupi and others, 14 D.L.R. 847, held that the said Muzaffar Ali Khan was a necessary party in the pre-emption proceeding and that in his absence the said proceeding was not properly constituted and on the said view of the matter made the rule absolute and dismissed the ap......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....uo;s contention is that, his client is not responsible for the missing of the ballot papers. In the absence of entire set of ballot papers, it is not possible or proper for the Tribunal to act on incomplete and insufficient ballots. According to him, this missing of ballot papers has taken place ......ain J. Ayub Ali Howladar……………………..Appellant. Vs Election Tribunal Bagerhat, Khulna and others…...Respondents Judgment Nov. 20, 1975. &nbs......ome ballot papers has resulted in the appellant missing 97, and respondent 826. And this has given rise to a knotty question in this appeal. The Tribunal however on evidence found that there was no proper counting, because of insufficiency of light. In support of his finding, he took into consid......cate the disputed claims between the rival candidates, the Tribunal can proceed to decide the issue between the parties. But when the papers produced are small and the papers not produced large and adjudication is not possible, the Tribunal will not act upon ballot papers produced; but then the g..Category: Others | Date: | Hits: 101
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. ...... result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ...... declaration only. The suit was contested on various grounds; one was, that the plaintiff did not acquire a valid title in the certificate sale, and the other was that he was not in possession of the property. 2. The trial court held against the plaintiff in that there was no proper service of ......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)
....hould have chosen the claimant who has prima facie better claim to the office of the Mutwalli. It may also be very well contended that perhaps it would have been proper if the Administrator chose a complete stranger for the office and referred both the rival claimants to a Civil Court for establ......however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......le on July 1, 1969 set aside the orders of the Administrator or Wakfs well as of the District Judge and ordered that the respondent No. 1 was to act as Mutwalli till his status was determined in a properly constituted suit, if any. The learned Judges found, inter alia, (1) that the order of the A...... 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)
....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. ......ision (Civil) Present: Ahsanuddin Choudhury J Fazle Munim J KM Subhan J Nuruzzaman Chowdhury…………………………………….Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 1977. Lawyers Involved: Mo......years; nevertheless, foreclosure of the kot-mortgage was not applied for. The mortgagee and after his death his heirs continued to possess the mortgaged land and they are still in possession of the properties. The plaintiff-responders who are the succession-in-interest of the mortgagor also stated......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)
.... 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. ......all, however, be no order as to costs. Ed. ......ay pass an order staying the progress of collateral proceeding and also the question whether the impugned orders of stay of the execution case were correctly passed. 6. For a proper understanding of the questions involved in this case it is necessary to examine the nat...... 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
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....raudulently disposed of is entitled to come to Court in the manner the petitioner has done. It is easy to see that if such a cause were permitted, the business of the Company can be brought to a complete standstill, when differences of opinion exist among the members of the Company. One legal......s. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......nsider the question whether a share-holder of a private limited company has locus standi to apply under Order 21, rule 90 of the Code of Civil Procedure for setting aside an auction sale of immovable property belonging to the said Company. 2. Respondent No. 3, a private limited Company, was the......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
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....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. ......nbsp; Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. 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, ......n of two witnesses in India. 2. The appellants have instituted a suit in a Court of Subordinate Judge at Dacca for a declaration that a deed of exchange in respect of certain immovable properties, purported to be executed in favour of Respondents No. 1 and 2 by Respondent No. 3, repr......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
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....ation the property until her death. After her, let the heirs take it." 44. When in the 11th century Vijnaneswara sought to systematise the entire body of the Hindu Law into a complete Code, namely, Mitakshara, on the basis of the Smritis as explained and developed thro......J D. C. Bhattacharya J Fazle Munim J Nurun Nabi Mondal and others………………………..Appellants ......sp; D.C. Bhattacharya J: This appeal by special leave at the instance of one of the plaintiffs of a suit for a declaration of title to and recovery of possession of a certain property is against a judgment of the Chief Justice of Dacca High Court, sitting singly, allowing a......nbsp; ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
.... 14. The Commissioner may, if he deems it necessary, fix normal spirit strength and allowable margins for the preparations. 15. (1) Distillation shall be so conducted that distillates from a complete number of fermenting vessels may be collected in a receiver at a strength of about 42 per c......e 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. ......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
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....lly in accordance with law, that there was no disturbance or firing at the centre of Ward No. 3 that the election of the said centre was not postponed as alleged but that the same was held and completed peacefully. The Election Tribunal by its judgment overruled the objection of the appellan...... Supreme Court Appellate Division (Civil) Present: Syed A. B. Mahmud Hussain CJ Abul Hayat Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Abul Haya......n is concerned the Appellate Division struck down a part of the order of the Election Tribunal, as affirmed by the High Court Division, on account of two infirmities, namely, the absence of a proper election petition as contemplated in rule 56 of the Election Rules and the violation of......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)
....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. ......stances of the case there shall be no order as to costs. Ed. ...... replaced the former enactments and the provisions of the later enactments shall have to be examined for finding out the answer to the question raised in this appeal. 13. For the proper appreciation of the question raised it is necessary to look into the basic princ......y;ment of 149 clerks thus became a labour dispute. The conciliation proceeding having failed the Respondent Union made an “application under section 6 of the Act to the Labour Court for adjudication and determination of the said labour dispute. The Union was acting in the ..Category: Labour and Industrial Law | Date: | Hits: 138
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
.... for houses for there and only in such areas houses having letting value oh which the tax may be levied are likely to be found. These areas may be partly urbanised in the sense that they have completely lost their agricultural character or they may be partly urbanised or partly agricultural......p;Appellant (In Appeal No. 6 of 1972). M/s Carpet Allied Products Ltd………………. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment May 7, 1976.......0th January, 1958 issued by the Government of East Pakistan under sub-section (2) of section 1 of the Act, extending the Act, among other areas, to Paschim Sholashahar where the factories and properties of the appellants lie. The legality of this Notification was, however, challenged b......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
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....ablish public enterprises is almost infinite, but there main types emerge to which almost every public enterprise approximates: (1) departmental administration; (2) the joint stock company controlled completely or partly by public authority; and finally (3) the public corporation proper, as a dis-ti...... Case is also Reported in: 29 DLR (SC) 41. ......h almost every public enterprise approximates: (1) departmental administration; (2) the joint stock company controlled completely or partly by public authority; and finally (3) the public corporation proper, as a dis-tion type of corporation different from the private Law company. It appears to be a......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
.... question whether there is a right of appeal against an order of assessment of compensation made by the Land Acquisition Court under section 93 A of the Town Improvement Act, which purports to be a complete Code in itself inevitably leads to a search for the legislative intent in respect of such ...... Ahsanuddin Chowdhury J Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Re......% interest set aside. 4. Leave was granted to consider three questions: (1) whether award made under Section 93A of the Town Improvement Act, 1953 is appealable; (2) what should be the proper basis of calculation of compensation of immovable property acquired for the purposes of the ......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)
....ion 238 Cr. P.C. Section 238 Cr. P.C. runs as follows: "(1) When a person is charged with an offence consisting of several particulars a combination of some only of which constitutes a complete minor offence, and such combination is proved, he may be convicted of the minor offence, t......ppeal is, accordingly, disposed of. Ed. ...... two namely, Ledu and Fazal. It is evidence that in the case of Alimjan, the murder having taken place in consequence of inducement facilitating the murder, the charge that was considered proper was of abetment of murder against persons responsible for facilitating murder and of mu...... 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
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....Zainul Abedin and ors) submits that the petitioner was in defence service and his past service was counted towards seniority in civil post and after counting it was found that respondent No. 2 has completed 25 years of service and accordingly, for public interest the order of retirement was pass......epublic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Dhaka...... ............Petitioner Vs. Member, Administrative Tribunal, Dhaka and others............................... Respondents Judgment ......r interference in the matter. 6. It appears that, the. High Court Division found that the writ petition is not maintainable and discharged the R taking the view that ‘the proper remedy of the Government was by way of appeal before the Appellate Division. It appears that......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ..Category: Administrative Law | Date: | Hits: 132
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