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Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....jection on 24-2-60 and contending, inter alia, that the applicants were not owners of contiguous lands and that the application was barred by limitation. On the question of defect of parties, it was stated in paragraph 4 of the petition of objection that Yakub Jan Bibi, S......the East Bengal State Acquisition and Tenancy Act and that they had come to know of the said purchase definitely on 5-8-59. In paragraph 2, of the said application, it was stated that opposite party No. 87 was the only other contiguous land owner and that there was no other contiguous land ..Category: Property Law | Date: | Hits: 54
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. ...... of s. 20 of the Public Demands Recovery. Act by holding that the plaintiff did not acquire any title on the footing of the auction sale in the certificate proceeding in which the defendant was not a party. 5. Of the two points, we propose to deal with the second question first. Before entering i..Category: Property Law | Date: | Hits: 82
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. ...... matter of course. Before granting such stay, the Court concerned shall have to be satisfied, as has been provided in sub rule (3) of the said Rule (a) that substantial loss may result to the party applying for stay unless the order is made, (b) that the application has been made without un..Category: Property Law | Date: | Hits: 61
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. ...... the section has not made it incumbent to be so, but before a tribunal is to act judicially, the tribunal must proceed in either of the two ways, first, it is supported by an affidavit, the advance party must be allowed an opportunity to cross examine the deponent of the affidavit. . Secondl..Category: Property Law | Date: | Hits: 43
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....n of the appellant as well as of Pakistan Army in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. ......there was no evidence to show that the appellant was all along with Pakistan Army from Sunday to Tuesday, the day on which the murder of Saimuddin was allegedly committed and that the appellant was a party in taking decision in murdering Saimuddin. It was thus urged that the impugned order of conv..Category: Criminal Law | Date: | Hits: 63
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....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. ......e in connection with the agreement the same shall be settled by arbitration in terms of the Arbitration Act". In spite of the aforesaid arbitration clause two arbitrators were appointed one by each party and the arbitrators subsequently appointed an umpire who finally gave an award in favour of th..Category: Business or Commercial Law | Date: | Hits: 86
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. ......referred on such difference as the third Judge, was to the following effect : "The remedy under section 311 of the Code is not confined to the decree-holder and judgment-debtor; and when any third party comes upon the ground that his interest in the property has been affected by the sale, the C..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. ......y. 19. We may notice here the following statement in paragraph (5) of the Foreign Office Memorandum, 1938, as contained in the amended Rule 299, Civil Rules and Orders: "India is not a party to civil procedure convention and therefore depends entirely on the local law of the foreign ..Category: Civil Law | Date: | Hits: 108
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....bunal has gone out of its way in setting aside the election of the Vice-Chairman or the members and such an action is on the face of it without jurisdiction." 10. The question of defect of party was dealt with in the subsequent part of the judgment as a separate ground for the ......gone out of its way in setting aside the election of the Vice-Chairman or the members and such an action is on the face of it without jurisdiction." 10. The question of defect of party was dealt with in the subsequent part of the judgment as a separate ground for the invali..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. ......o appear in the proceedings before a Court as parties to the dispute unless the Court records any specific order to the contrary in respect of any such parties. (c) Where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or assigns in..Category: Labour and Industrial Law | Date: | Hits: 138
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ...... has been constituted to hear appeals from the judgments of special Tribunals. The appellate jurisdiction which was conferred upon the High Court has been taken away. An aggrieved party may Corns to High Court if at its entire extraordinary writ jurisdiction against the decisio..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....le or preamble of the Act for interpreting the said provision in the instant case is wholly irrelevant. Learned Additional Attorney-General has further submitted that whatever defect or infirmity there might have been in the Notification as issued on the 30th January, 1......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. ......es not stand. 9. Before parting with these petitions, we may observe that the learned Judge while referring to the principle governing the grant of temporary injunction, has opined that the party must allege some 'legal injury', an expression though correct in its import, is apt to c..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....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. ......- "(i) Case of Mr. Sattar Weaving Factory The noting (2 bales may be allotted') of Mr. Choudhury, does not appear to be regular, since he is not authorised to take any action on the letter of the party addressed Narsingdi Centre, thus Mr. Choudhury has not maintained, office decorum. (ii..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....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. ......lay down procedure for the determination of compensation by agreement and, in default of any agreement, by the Deputy Commissioner. Under sub-clause (ii) clause (b) of sub-section (5) any party interested who has not accepted the assessment made by the Deputy Commissioner may move ..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 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. ...... 20. In Akaluddin's case, the case of Sher Ali reported in 10 DLR 374 was not referred to and considered. Sattar J who delivered the judgement in Akaluddin's case sitting with Ali, J was a party in the judgment delivered by Chakravorty J., in the case of Sher Ali reported in 10 DLR 374...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. ...... March, 1987 and as such, this GD in law is a FIR in this case since the investigation officer on receiving information of the incident leading to death of the driver from the members of the patrol party, comprising police personnel(PWs 4, 6 and 8) attached to Sonargaon PS, on Dhaka-Chittagong Hi..Category: Criminal Law | Date: | Hits: 74
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....ng light or air of the petitioner by creation of sub-plots and allotment of the same to others. Further, the allottees of the plots had not been impleaded in the two Rules and so those are bad for defect of parties…………(3) Lawyers Involved: Dr. M Zah......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ..Category: Constitutional Law | Date: | Hits: 138
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ...... the time of cross- examination. The learned Additional Sessions Judge also believed them and no error was found in believing their evidence. It was also found that after the death of Asia accused party tried to hush up the matter which was evident from the evidence of PW 2 Siddique Hossain of ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......; 2 The Bank Companies Act 1991 (XIV of 1991), Section 46 A person who is aware of an order of the Court is bound to obey the same even though he was not a party to that when it affects the result of the earlier order. In the present case earlier order wa..Category: Business or Commercial Law | Date: | Hits: 131
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