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Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....mely (i) whether further proceeding in the suit was barred under section 83(2) of the Code of Civil Procedure without permission of the Central Government (ii) whether the Deputy Commissioner had any legal authority to join himself in the suit as plaintiff, as the Deputy Commissioner was not an Asst......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. ..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....he security holder created by the judgment-debtor. We are of the same view as expressed in the cited authorities. 23. The High Court does not appear to have correctly appreciated the legal position when it held that the security deposit could be attached and at the same time a......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. ..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....s would secure the ends of justice. If the criminal proceedings in question is in respect of an offence alleged to have been committed by an accused person and it manifestly appears that there is a legal bar against the institution or continuance of the said proceedings the High Court would be j......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)
....ed to this device after the service of the notice of the case and it being done for the purpose of by-passing and forestalling the decision of the Court amounted to contempt of the Court and had no legal validity. 10. Overruling all the objections taken on behalf of the opposite parties, the le......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
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
.... so by implication, he says, the jurisdiction to the Supreme Court has been curtailed to grant special leave. The submission is wholly fallacious. The language of the Constitution, the highest legal document, cannot be governed or controlled by the language of subordinate legislation. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....te and distinct, and it stands or falls on its own merit, Aggregate valid ballot papers will no doubt decide the result of election, but then the aggregate cannot be treated a unity. This being the legal position of ballot papers, non-production of some will not render the ballot papers produced...... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....te decree obtained by him in Title suit No. 730/62 on the basis of his settlement, has been found by the Courts below to be fraudulent and void. The defendant, therefore, has been found bereft of any legal title, or interest capable of protection under sub-section (3) of section 20. The High Court......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)
....is powers as a Court or not; we may also consider its meaning before we refer to what a judicial decision or a court is. The expression 'persona designata' means "a person described in the statute or legal instrument by his official designation or a member of a class" (Vide AIR 1941 Patna 65 at 68......High Court who heard the Rule 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,..Category: Trust/Waqf Law | Date: | Hits: 182
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
.... Wahed, Obedullah and Ayezuddin did not receive any corroboration from any evidence as regards the complicity of the respondents, in the occurrence of murder of Dr. Salam, There was, therefore, no legal evidence against the respondents except the retracted confessional statements of 4 co-ac......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. ..Category: Criminal Law | Date: | Hits: 80
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....thout being accompanied by any running bill as is the normal practice. So by 10.4.1965 the Contractor was paid Tk, 2,08,000/00 in cash and including compensation for the acquired land and the legal expenses thereof a total sum of Tk. 2, 13,963/41 was paid whereas on completion of the work t......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. ..Category: Criminal Law | Date: | Hits: 69
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. ...... he was neither in pay of the Government, nor was he entrusted with the performance of any pub-lie duty, Though he was on deputation, yet while he was working in the company, he did not retain the status of a Government servant, nor was he clothed with any public duty. He was working as an emplo..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....e trial court. 3. Special leave to appeal was granted to consider as to whether the appointment of the umpire made beyond one month from the latest date of the appointment of the arbitrators was illegal in view of para 2 of the First Schedule to the Arbitration Act when reference was to an even n......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
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....…………(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 Court Division did not commit any illegality which may call for interference………(7) The question of sentence is at the discretio......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)
....esult of a conspiracy. In support of this contention learned Counsel has referred to a certain passage from the principle of Modem Company Law by L C.B. Gower (1957) at pages 319-323 dealing with the legal nature of shares and also cited a Single Bench decision of the Punjab High Court of the Indian......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
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
.... declared the cancellation of a lease at Tejgaon Industrial Area and dispossession of Respondent-Company from the plot with its assets and buildings as without lawful authority and of no legal effect, and have directed the restoration of possession of the property to the Responden......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)
....operties, purported to be executed in favour of Respondents No. 1 and 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 pu......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)
....ctions or where there is any doubt as to the true scope of the provisions of that enactment, the preamble may be of some guidance. The Act was professedly passed with the object of removing all legal obstacles to the marriage of Hindu widows. The preamble stated that it was known Hindu widow......ition of Hindu remarriage as far as possible and the encouragement of Sati that the retention by a widow of her deceased husband's estate is altogether incompatible with her renunciation of her status as a widow and I respectfully agree with the view of the Bombay High Court in Vitto Vs..Category: Property Law | Date: | Hits: 59
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....petent to enter into an agreement on behalf of the complainants. 4. The Labour Court, by its order dated 8-8-67 held that the agreement entered into between the Company and the Union had no legal effect and directed the Company to reinstate all the complainants with full back wages a......mployer in certain cases, which is not enjoyed by a registered Trade 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 acq..Category: Labour and Industrial Law | Date: | Hits: 138
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....aled statute namely P. O. 50. The High Court Division did not uphold that contention. The High Court Division has held that by virtue of section 6(e) of the General Clauses Act any investigation or legal proceeding started under the repealed statue would not be affected by the subsequent repeal o......ing the plaintiff in absolute proprietary possession after dispossessing the defendants from certain sheds and passages situated in bazar Patelganj. The defendant in the suit pleaded the status of a tenant and protection as a tenant under the U. P. (Temporary) Control of Rent and Evict..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....ment 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 by two of the present appellants, namely, M/......s into towns and/or the rural areas into urban areas. That when an area grows into a town law provides for a procedure to take the same into the category of towns and to give to it that status and to apply this or that particular law thereto as an urban area. That unless that is..Category: Fiscal/Taxation Law | Date: | Hits: 244
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