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Open cma 6 by hossain ali

13.11.2019

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At this juncture, it is required to be noted that in order to make provision for the proper administration of the Durgah and the endowment of the Durgah of Khawaja Moin-ud-din Chishti, the Act called the Durgah Khawaja Sahed Act, was enacted by the Parliament, repealing the Durgah Khawaja Saheb Act, and the Durgah Khawaja Saheb Emergency Provisions Act, Otherwise they bind the parties at the subsequent stage of the execution proceedings so that the smooth progress of execution is not jeopardised and the stage which reached the finality by dint of various orders of Order 21, operates as resjudicata for the subsequent stage of the proceedings. He is said to have preached, Never seek any help, charity or favours from any body except the God. All the three matters arise out of the same execution proceedings being No. It means that at the different stages of the execution, orders passed by the executing court have attained finality unless they are set aside by way of appeal before the higher forum. Anil Mehta for the judgment creditor, the Court should make all endeavors to see that the decree holder gets the fruits of the decree and the decree in question does not remain merely a paper decree. Relying upon the latest decision of the Apex Court in case of Satyawati Vs. Mehta, and also supporting the impugned order dated 20th July, passed by the Executing Court submitted that the said order being just and proper, no interference of this Court is called for. The powers and duties of the Durgah committee have been enunciated in Section 11 of the said Act, whereas the functions and duties of Nasim have been enunciated in bye-law No. There is no allegation nor any prayer made by the judgment creditor with regard to the said declaration and, therefore, no further action is required to be taken in this regard.

  • Dewan Syed Aley Rasool Ali Khan vs Altaf Hussain And Others on 13 November,

  • Bangladesh Vs. CMA CGM Bangladesh Shipping Limited,38 CLC (AD) Malaysia, Singapore and Hongkong; that CMA CGM took initiatives to open 6.

    Before considering the submission as to arbitrariness or mala fide of the. Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another,41 CLC (AD). Bangladesh Vs. CMA CGM Bangladesh Shipping Limited,38 CLC (AD) that CMA CGM took initiatives to open its office in Banglad. Bangladesh Parjatan Corporation Vs.

    Dewan Syed Aley Rasool Ali Khan vs Altaf Hussain And Others on 13 November,

    Md. Ali Hossain and another,41 CLC (AD). defendant Nos.1 ‑6 might have created some forged signatures. The Durgah Committee, Ajmer vs Syed Hussain Ali And Others on 17 March, the learned counsel for appellant in CMA No/ and for the.

    and all other human beings, and this is followed by the opening of the 6. It is also pertinent to note that the Apex Court, in para 28 of the said case.
    Jain appearing for the Durgah committee the respondent No.

    The Khadim offers prayers for all the four silsilas of the Soofies and all other human beings, and this is followed by the opening of the Nazar again. On the day of Basant Panchami Kavvals bring fresh green plants and flowers as presents to the Nazar and they are placed on the Nazar by the Khadims on duty. So far as para A i of the decree is concerned, it has been declared that all offerings or presents made to the Dewan at the Dewan's Khankah or sitting place within the precincts of the Dargah are the exclusive property of the Dewan.

    As regards the duties and rights of Khadims, it is stated in para 27 of the said judgment that

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    The Court has passed the said decree adjudicating the rights and obligations of the Dewan, the Khadims and the Durgah Committee.

    Before parting, it may be stated that the Durgah, which is the shrine of the great Saint Moin-ud-din Chishti is not only an International wakf but is a very holy place and the symbol of Chishti Order, which is known for its emphasis on love, tolerance and openness.

    The judgment creditor had initially filed the application under Section 51 d read with Order XL Rule 1 and Section of CPC before the Executing Court, seeking appointment of Receiver mainly on the ground that the decree holder was the Sajjadanashins and was not getting his share from the offerings and presents made at the Durgah pursuant to the decree in question. At this stage the pilgrims offer Nazar. Supporting the subsequent order dated 20th July, passed by the Executing Court, the learned counsel Mr.

    › CMA_Class_Note_on_GE05_Fundamentals_o.

    Page# 1 October 3, r Hossain CPA,ACA,FCS,FCMA GM .

    by Md. Haider Ali, 2nd Edition, 6. A text book on Easy understanding of The .

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    Openness - Holders of public office should act and take decisions in an open​. Dr.

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    Md Hossain Ali H AliRESEARCH PAPER OPEN ACCESS An assessment of surface features and vegetative cover​.
    It is also declared in para A v that the cash or other offerings sent by post shall be deemed to be the offerings made at the shrine i. Citedby 7 docs - [ View All ].

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    From the bare reading of Order XXI, Rule 32, it transpires that if the party against whom a decree for injunction has been passed, had the opportunity of obeying the decree and had willfully failed to obey it, such decree could be enforced by his detention in the civil prison or by the attachment of his property or by both as per sub-rule 1 of Rule 32 or otherwise when the decree for injunction has not been obeyed, the Court may direct the act required to be done as per the decree, through the decree-holder or some other person appointed by the Court at the cost of the judgment debtor, as per the sub-rule 5 of Rule The Nazim also shall be at liberty to nominate any other person as his representative, with the consultation of the Members of the Durgah Committee for the purpose of carrying out these directions, in case of his inability to remain present on any particular day.

    Appeal being No. The teachings and practices of the Saint Khawaja Saheb laid stress on renunciation of material goods, strict regime of self discipline and generosity to others.

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    However, the learned counsels for the petitioners-Khadims denying such allegations, would submit that the Dewan or his son is not ready to sit with the Khadims within the dome.

    Amit Gupta on behalf of Mr. Meaning thereby, such properties like offerings or presents or gold or silver vessels or implements or kabarposhes for the use of the Durgah are to be treated as the property of Durgah Committee as the trustees for the Durgah.

    The Nazim or his representative shall remain present inside the dome of the shrine to collect such offerings and presents. It is very unfortunate that though the decree in question has been passed as back as inthe execution proceedings are still pending and the stake holders of the decree i.

    It has also been observed that the High Court can interfere in exercise of its powers of superintendence when there has been a patent perversity in the orders of the Courts subordinate to it or where there has been a gross and manifest failure of justice or where there is any jurisdictional error committed by the Courts subordinate to it.

    images open cma 6 by hossain ali

    Appeal No.

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    1. It is axiomatic to say that the orders passed by the Executing Court at different stages in the same proceedings, unless set aside by the higher forum attain finality and would operate as resjudicata at the subsequent stages.

    2. They also submitted that there was no direction in the decree against the Khadims to go to the Dewan and hand over his share in the offerings and presents made by the visitors at Durgah, but it is the judgment creditor-the Dewan, who is shy of sitting within the dome of the shrine. The difficulty of the decree holder starts in getting the possession in pursuance of the decree obtained by him.

    3. It is very unfortunate that though the decree in question has been passed as back as inthe execution proceedings are still pending and the stake holders of the decree i. For the reasons stated above, and considering the totality of circumstances, the following directions are given