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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. ...... in Civil Revision No. 818 of 1962). Judgment: Debash Chandra Bhattacharya J.— This appeal by Special Leave is against an order of a Single Judge of Dacca High Court setting aside a concurrent order allowing pre-emption by the two courts b..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....amp; Rule 35 the voting procedure; rule 36, how tendered votes are to be dealt with ; rule 37, challenged ballot papers and rule 39, spoilt and cancelled ballot papers; Rule 42 says inter alia, the Presiding Officer shall enclose and seal into separate packets ballot papers valid, spoilt,, cancel...... 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)
....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. ......lternate clauses (a) and (b) of rule 6 can be resorted to, according to the facts of each case. 20. The other decision of the Dacca High Court, which calls for attention, is a decision of a single Judge in the case of Tarangini Devi vs. Govinda Mallik 9 DLR 57. The decision arose out of a sui..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....h Court in an appeal, if so preferred" (at PP. 169-170). 22. Again, in Shamsul Haq Sikder vs. Election Tribunal and others (1975) 27 DLR 392, the same learned Judge, had to consider whether the Presiding Officers of Civil Courts who have been appointed as Election Tribunals exercised the pow......ondent No. 1. 6. The respondent No. 2 preferred an appeal (Miscellaneous appeal No. 12 of 1968) against this order under section 43 of the East Pakistan Wakfs Ordinance, 1962 before the District Judge, Rajshahi, who by the judgment dated September 16, 1968 dismissed the appeal on findings, in..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. ......houdhury J Fazle Munim J KM Subhan J Nuruzzaman Chowdhury…………………………………….Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 1977. Lawyers Involved: Mozammel Hoque, Senior Advocate, instructed, b..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. ...... dismissing summarily an application filed by the appellant under section 115 of the Code of Civil Procedure, challenging the validity of the two orders passed by the Court of the Subordinate Judge of Khulna in a proceeding under Order 33, Rule 1 of the Code, instituted by Respondent No. 1,..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. ......vided that no such order for removal of a Mutwalli shall be made without giving him an opportunity of being heard. Sub-section (3) gives the aggrieved person a right of appeal to the District Judge. Sub-section (3) provides for a revision to the High Court and makes the decision of the High..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. ...... charges, namely under section 120-B along with 13 others for conspiracy to murder Dr. Salam and further under section 303/34 with other accused persons for murder of Dr. Salam before the Sessions Judge, Rajshahi. The trial ended in conviction of the respondents along with 13 others under the fi..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......provides for punishment of specific offence. The evidence bearing on the charge of murder and abduction should be separately considered.” It is regrettable that the learned Judges of the High Court Division failed to notice that the learned Trial Judge formulated four poi..Category: Criminal Law | Date: | Hits: 62
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......f the petitioner contends that the learned judge of the High Court was not within his jurisdiction to disturb the finding of facts of the Court of appeal below, but it appears that the learned Judge has found that the finding of the lower appellate court was based on conjectures and surmise..Category: Property Law | Date: | Hits: 44
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. ......gh Court in Criminal Appeal No.3 of 1969) Judgment: Ahsanuddin Chowdhury J: The petitioner K.M. Zaker Hossain faced a trial in the Court of the Special Judge, Pabna on two charges namely, under section 409 of the Bangladesh Penal Code as well as under..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. ......round was that the offence alleged under section 420/511 of the Penal Code was a scheduled offence under the Criminal Law Amendment Act, 1958, and so exclusively cognizable by the Special Judge, appointed under the said Act. The Sessions Judge made a reference to the High Court for..Category: Employment/Service Law | Date: | Hits: 81
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. ......houdhury J.- This appeal by special leave is from a judgment of the erstwhile High Court of East Pakistan in First Appeal No. 133 of 1965 affirming the judgment and decree passed by the Subordinate Judge, First Court, Chittagong in other suit No. 17 of 1958 in terms of an award. 2. The circumst..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. ......ated at Pabna town. Respondent No. 3 having obtained a money decree against the said company got the said Cinema Hall put up for sale in execution of the said decree in the First Court of Subordinate Judge Pabna and Respondent No. 1, purchased the said property in auction for a sum of Rs. 3000/..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. ......rya J: This appeal by special leave is against an order of a Bench of the High Court Division refusing to interfere, in exercise of its revisional jurisdiction, with an order of a Subordinate Judge setting aside an order previously made by his predecessor, issuing a commission for exam..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. ......er. On revision by the Corporation, a Bench of the Dacca High Court, reversed the decisions of the courts below and thereby rejected the prayer for temporary injunction. 2. The learned Judges held that the Corporation had the jurisdiction to deal with the matter of delinquency o..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ...... tallied with the decretal land of the premises and that there could be no bar to the execution of the decree. On an appeal against the said order of the Executing Court, the Court of the subordinate Judge held that the decretal land had bee correctly mentioned in the execution petition and that t..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ...... enactment of the Hindu Widow Remarriage Act, 1856 and as such held that the provision of section 2 of the Act was available in her ease. 5. On appeal, the learned Additional District Judge who heard the appeal affirmed the finding of the trial Court that there was no evidence to sh..Category: Property Law | Date: | Hits: 59
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....and Rakhal Chandra Dey, Respondent No. 2 a (opted unfair means in the election in collusion with the Returning Officer and by exercising undue influence they managed to select election centres and Presiding Officers and Polling Officers of their choice. The appellant being the Head Master o......completely void. Against the said judgment of the Election Tribunal the appellant moved the Constitution Bench of the High Court Division under Article 102 of the Constitution but the learned Judges summarily rejected the said application. 5. Special leave was granted to consider whe..Category: Others | Date: | Hits: 141
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. ......o the owners the sale figure of twenty-four months prior to the date of the notice under section 5 (la) of the Act should, have been taken into consideration. The learned District Judge as Arbitrator dismissed the arbitration case. The owner-respondents preferred an appeal,..Category: Property Law | Date: | Hits: 70
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