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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. ...... Judgment: K.Hossain J: This appeal is on leave granted from a decision of a Beach of the Dacca High Court, in a writ petition affirming the order of the Administrator of Wakfs, removing the appellant from the office of mutwalli. Facts are ......s of this appeal shall abide the result of proceeding before the Administrator. Ed. ......rator and dismissed the writ petition with costs. Leave was obtained by the Mutwalli on two grounds which are as follows:— (1) Whether the application for removal of the petitioner from the office of Mutwalli, not being supported by an affidavit, was at all entert..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. ......ts. A. T. M. Kamrul Islam, Advocate, Supreme Court—U/o. XXIII, Rule 1, Supreme Court Rules. Criminal Appeal No 18-D of 1970. (On appeal from the judgment and order of the erstwhile High Court of East Pakistan Dacca, dated the 4th and 6th November, 1968 in D......ndependent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......nuary) of the Sessions Division, Rajshahi. 2. The prosecution case was that over Dayarompur Union Council affairs there were trouble and bitter feelings between Dr. Abdus Salam (deceased) on one hand and accused Azizur Rahman and respondent Golam Rabbani and their supporters or the other...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. ......d by Abu Bakkar, Advocate on-Record.—For Petitioner. Not Represented—Respondent. Petition for special leave to Appeal No. 22 of 1976. (From the judgment and order dated 4.9.1975 passed by the High Court Division in Criminal Appeal No. 150 of 1973.) ......n 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. ...... Munim J Afsar Ali Moral.................Petitioner Vs The State............ Respondent Judgment &nb..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. ......n-Record—For the Petitioner. B, Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Special leave to appeal No. 153 of 1977. ( From the judgment and order dated the 9th November,1976 passed by the High Court of Bangladesh in Civil Revision No. 1458......exceptional circumstances. With this observation the petition is dismissed. Ed. ...... (Civil) Present: Syed A.B M. Husain CJ Kemaluddin Hussain J D. C. Bhattacharya J Fazle Munim J Fakhruddin Mia and other.........................Petitioners. Vs. Mohammad Khodabaksh Sheikh... ……………Res..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. ......to simple imprisonment for one year more. His appeal against his conviction and sentence was dismissed by the High Court; He now seeks special leave to appeal from the aforesaid judgement and order of the High Court affirming those of the special Judge. 2. The prosecution case was th...... There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ...... Syed A.B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J K. M. Zaker Hossain................Petitioner Vs. The State.............................Respondent Judgment ..Category: Criminal Law | Date: | Hits: 69
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. ......he judgment and Order dated 11-7-74 passed by the High Court Division in Criminal Appeal No.6 of 1973) Judgment Ahsanuddin Choudhury J.- This appeal by special leave is from the judgment and order of the High Court Division affirming the order of conviction and sentence passed under section......y 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. ......tan Army in all respects in continuing their illegal occupation of Bangladesh. The Pakistan Army was in search of the relations of Abdul Jabbar Dewan because he with his family and nephews, having gone there, had joined Mukti Fauz. In prosecution of their search the Pakistan Army on Sunday, the fi..Category: Criminal Law | Date: | Hits: 63
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. ......dur Rab-I, Advocate-on- Record—For the Respondent No. 1. S. M. Huq, Advocate-on-Record-For the Respondent No. 2. Criminal Appeal No 8 of the 1976. From the judgment and order dated the 3rd July, 1972, passed by the Dacca High Court in Criminal Reference No. 95 of 197......he orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ......istrar of Co-operative Societies, Chittagong, was placed at the disposal of the Chittaranjan Cotton Mills Limited, for appointment as an Administrative Officer on Foreign Service basis. This was done on 19-5-69. The appellant was subsequently nominated on 5-6-69, by the company as one of its r..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. ......n, Advocate, Supreme Court, instructed by Abu Backkar. Advocate-on-Record. —For the Respondent No. 1. Ex-parte—Respondents Nos. 2-3. Civil Appeal No. 1-D of 1969. (From the judgment and order dated 9.2.67 passed by the erstwhile High Court of East Pakistan in Appeal from Original Decre......ult the appeal is dismissed without, however, any order as to costs. Ed. ......n a letter of Credit. After arrival of the aforesaid goods at Chittagong Port, Sight draft was presented by the respondent to the appellant for payment of the price of the goods but the price having gone down, the appellant refused to honour the sight draft. As a result of their refusal to honour th..Category: Business or Commercial Law | Date: | Hits: 86
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. ...... judgment and Order dated 24-6-76 passed by the high Court Division in Writ Petition No. 193 of 1975). Judgment Ahsanuddin Chowdhury J.- This is an appeal by Special leave from the Judgment and order of the High Court Division passed in Writ Petition No. 193 of 1975 discharging the Rule issued......fied. 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. ......arned counsel for the appellant contended that on the solitary evidence of the complainant the appellant should not have been convicted inasmuch as, it was not at all safe to convict a person on the lone evidence of the vitally interested son, namely the complainant. He also drew out attention to so..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....re-holders of the respondent company, filed an application under Order 21, rule 90 of the Code for setting aside the said sale held in June, 1960 on the ground of fraud and material irregularity in publishing and conducting the sale. Respondent No.1 contested the application of the pet...... the sale and that the petitioners being share-holders of the company had locus standi to apply for setting aside the sale of the property belonging to the said company. On an appeal against the said order, the learned District Judge of Pabna gave effect to the objection of Respondent No. 1 as to ....... There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......esult: The appeal is dismissed. Cases Referred to- Basanta Kumar Roy Vs. Charu Chandra Pal, 62 C.W.N. 122: AIR 1958 Cal. 543 ; Vaidyanath Vs. Bank of India, AIR 1955 Mad. 486 ; Commissioner of Income Tax Vs. E.V. Miller, 11 DLR (1959) (SC) 430—PLD 1959 S.C. 219; Punjab M cream He Ba..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....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. ......esh moved the Appellate Division of the Supreme Court against the decision of the High Court Division, in Civil Appeal No. 21 of 1975, but it was dismissed on contest on March 13, 1976. Since order of the Court was not being implemented. Contempt petition No. 4 of 1977 was filed against som......f cancellation of the lease. For these reasons this petition is dismissed. Ed. ......rya J Fazle Munim J Bangladesh and another……………………………………………Petitioners. Vs. M/S. A. T. J. Industries Ltd. and others................. Responden..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....much as the commissioner appointed by a Court in Pakistan would not have necessary powers for execution of such a commission, and secondly, the directions contained in Civil Rules and Orders, published under the authority of the High Court, are in accordance with the reciprocal arrange......1975 passed by the High court Division in Civil Revision No. 727 of 1975 Judgment: D.C. Bhattacharya 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 ju......s set aside. There shall not however be any order as to costs in this appeal. Ed. ......d and lawful. 3. On 28-8-74, the plaintiff’s prayer for examination of plaintiff No. 1 on commission in Calcutta was allowed and Mr. M. A. Khaleque, an Advocate was appointed commissioner to take down the deposition of the said plaintiff in Calcutta. On 7-11-74, however, ano..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. ......and prayed for temporary injunction. This leave petition is sequel the prayer for temporary injunction. The trial court granted the temporary injunction, and the first appellate court affirmed the order. On revision by the Corporation, a Bench of the Dacca High Court, reversed the decisions of t......on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......Hossain ……………………………………………………………..Petitioner. Vs. Bangladesh Jute Industries Corporation and others……&hel..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. ......t rejected the prayer for local investigation 01 the view that it was not necessary at that stage The High Court Division being moved under section 115 of the Code of Civil Procedure against the said order refused to exercise its revisional jurisdiction in the matter. There was an application for sp...... were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......Present: Syed A.B. Mahmud Hussain C J Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Haji Abdul Motalib Sowdagar...................Petitioner Vs. Faiz Ahmed Chowdhury and others…………….Respondents Judgment March 22..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......opinion. Sulaiman, C.J. in explaining the decision of the Full Bench formulated the principle underlying the construction of section 2 of Act XV in the following manner; "In order......to find out the true scope of the section one is compelled to look to the pro vision of......sp; ...... 1961). Judgment: 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 ..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ......lants. A. T. M. Afzal, Deputy Attorney-General, instructed by B. C. Panday, Advocate-on-Record—For the Respondent. Criminal Appeal No. 2 of 1976. (From the judgment and order dated 24-06-74 passed by the High Court Division in Criminal Appeal No. 297 of 1973) J......ment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ......e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....rs from it by more than 3.0 proof degrees or exceed 42 percent proof. (2) ………………………………… (3) ……………………………. The amended Rule which was published on 19.12.74 in the Gazette Notification stands thus:— "No. S.R.O./146-L/74/2(45)......t's affidavit, which is irrelevant and rather off the mark. The Government in its affidavit has advanced the reason for the support of the amended rule to the change of Government's liquor policy. In order to enforce its prohibition policy, the affidavit says, and especially against the Muslims, it ......y are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......al efficacy of those Ayurvedic preparation. This Government however resisted the challenge denying the destruction of medicinal efficacy, and ascertaining that the reduction of spirit strength was done to avoid their misuse for alcoholic beverages in conformity of advancing the policy of prohibi..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....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. ......) Judgment: D. C. Bhaftacharya J: This appeal by special leave is against an order of a Bench of the High Court Division rejecting summarily an application under Article 102 of......not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ......that the election in question was held peacefully 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 j..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
.... Section 14 of the Labour Disputes Act: (1) A settlement arrived at in the course of conciliation proceedings or an award or a decision under clause (a) of sub-section (1) or published under subsection (2) or sub-section (4) of section 13 shall be binding on — ....... 532 of 1967). Judgment: D.C. Bhattacharya, J.—This appeal by special leave is against a judgment of a Bench of the Dacca High Court, setting aside an order of the Labour Court, on an application made by Respondent No. 1, and incorporated Compan......ssed, but in the circumstances of the case there shall be no order as to costs. Ed. ......ion of the Labour Court in the Complaint cases referred to above had been made without lawful authority and were of no legal effect. Out of the 27 complainant respondents, respondent No. 4 alone appeared and contested the claim of the Company. The Union was made Respondent No. 2 whic..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....ner, shall, make the decision about the acquisition of the requisitioned property, and the decision of the Government shall be final. Sub-section (7) provides, that the Government shall thereafter publish in the official gazette, a notice about the decision of .the Government to acquire the requ......h;For the Respondents No. 1-4. Ex-Parte.—For Respondents No. 5-6. Civil Appeal Nos. 1 and 2 of 1975 with Civil Appeal No. 26 of 1976. (From the Judgment and order of the High Court Division dated,14th June, 1973 passed in Civil Revision Case Nos. 807 of 19......de above is dismissed. We however make no order as to costs in all the appeals. Ed. ......The subject matter of the award consisted of Chala land i.e., high land, and nal land i.e., cultivable land. These acquired lands stand at Tejkunipara, Tejgaon, Dacca. The lands were requisitioned on 16. 3. 59, and they were acquired under section 93A of the Act on 27. 6. 60. However it is ..Category: Property Law | Date: | Hits: 70
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