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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. ......s of this appeal shall abide the result of proceeding before the Administrator. Ed. ......rtment, Govt. of East Pakistan'(1965) 17 BLR 46 P. L. D. 1967 Dacca 179, where a Division Bench of the Dacca High Court, has held that a proceeding under section 32 of the Ordinance,, ii of a Civil nature and must be conducted in a manner obtaining in a Civil Court. We approve this decision ..Category: Property Law | Date: | Hits: 43
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 orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ......umbent was a peon attached to the office of the Superintendent of the Sales Department in the district of Muzafferpore. He was convicted under section 161 of the Penal Code. Though the exact nature of his duties was not defined, yet it was taken from the nature of his appointment, that hi..Category: Employment/Service Law | Date: | Hits: 81
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. ......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. ......ing court and the court of first appeal. However, such discretion must be exercised judiciously taking all the relevant circumstances into consideration. The right sentence is to be determined by the nature of criminal intent and the manner of perpetration of the crime…….(9 and 10) Cases Ref..Category: Criminal Law | Date: | Hits: 70
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. ....... There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......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 juris..Category: Property Law | Date: | Hits: 118
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. ......on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......plaintiff has in the plaint made out a case of collusion and malafide. Though the submission of Mr. Sobhan is factually correct yet the alleged error of the High Court is of an inconsequential nature, which has not affected merit of the decision. In any event the observation in an interlocu..Category: Procedural Law | Date: | Hits: 107
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......sp; ...... sections 4, 5 and 7, where the expression 'widow' has been used, as in section 2, without any qualification, are to be read. We may leave aside section 4 and section 5 which are merely in the nature of saving provisions and do not create any new right of liability. But section 7 deals with ..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. ......ment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ......tion the reference may be made to the preamble to the President's Order No. 50 of 1973 which shows that it was enacted as a special provision for the suppression of certain offences of a grave nature. It has already been noticed that the possession, without authorisation of law, of arms and ..Category: Criminal Law | Date: | Hits: 63
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 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. ......s he sought to point out that those offences were already offences under certain other penal laws but under P. O. 50 those offences were declared to be scheduled offences and offences of grave nature which were made exclusively triable by special Magistrates or special Tribunals constituted..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....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. ......ll these appeals which are dismissed, but there shall be no order as to costs. Ed. ......ipal areas, sub-section (2) of section 1 confers upon the authority concerned the power of extending the Act such other areas as it may notify in the official Gazette. The Act is silent as to the nature of areas, that is to say, whether urban or rural, which can be notified under the said ..Category: Fiscal/Taxation Law | Date: | Hits: 244
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. ......ult this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......th measures on national scale. Sometimes existing undertakings are nationalised to achieve the welfare goal. The preamble and fundamental principles of state policy of the-corporation, directive in nature, intend to achieve a socialist economic system within the rule of law. Many countries of the ..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. ......for treating the matter as an appeal and dispose it of accordingly. Ed. ...... as made in the judgment in the case of Sand Back Charity Trustees Vs. The North Staffordshire Railway Co., reported in 1897 (3) Q.B.D.1:— "An appeal does not exist in the nature of things. A right of appeal from any decision of any tribunal must be given by express ena..Category: Property Law | Date: | Hits: 135
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......th each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......th, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is ..Category: Criminal Law | Date: | Hits: 59
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. ......ismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ...... of 1898), Section 154 Filing of the first information report by the informant disclosing the death due to poisoning subsequently finding the death caused due to injuries being homicidal in nature, there is no bar in filing a second FIR stating the real cause of death. Lawyers ..Category: Criminal Law | Date: | Hits: 67
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......) 82. ...... 3. Mr. MA Jalil, the learned Advocate appearing on behalf of the petitioners submits that this amendment allowed after remand of the suit has caused miscarriage of justice as it has changed the nature and character of the suit. 4. Mr. Jalil led us through the judgment of ..Category: Procedural Law | Date: | Hits: 82
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ......53 DLR (AD) (2001) 79. ......kha and two others to show cause as to why the layout plan dated 18-10-92 should not be declared to have been made without any lawful authority and why they should not be directed not to change the nature and character of the lands earmarked in the original layout plan for community purpose, rec..Category: Property Law | Date: | Hits: 56
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......Judgment December 10, 1996. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for deter...... 5. The trial Court by its order dated 16-8-89 allowed both the 3rd and 4th applications for amendment of the plaint holding, inter alia, that such amendment does not change the nature and character of the suit. Against the said order of the trial Court, the defendant preferre..Category: Property Law | Date: | Hits: 58
Mustafa Zamil Ahmed Vs. Governor of Bangladesh Bank and others, 2001, 30 CLC (AD)
....it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ......bsp; Mahmudul Amin Choudhury J &n......eign Exchange Regulation Act, 1947 (V of 1947), Section 3 The principal has always a right to take action against his agent for misdemeanour, especially when it is of criminal nature……………………(7) Lawyers Inv..Category: Business or Commercial Law | Date: | Hits: 83
State Vs. Shahjahan, 2001, 30 CLC (AD)
....ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......oner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......t acquittal of accused Shahjahan. 5. It appears from the impugned judgment that High Court Division found that evidence of witnesses about seeing the occurrence is of doubtful nature and prosecution failed to prove that case by worthy witnesses beyond reasonable doubt that S..Category: Criminal Law | Date: | Hits: 55
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......sp; Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......m one after another to blackmail them and that act itself is immoral. Hence by application of section 237 of the Code of Criminal Procedure, a conviction can legally be sustained in a case of such nature. Further, the accused persons raised no objection on the score of defect in charge at no sta..Category: Criminal Law | Date: | Hits: 72
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ...... Vs. Gopal Chandra Ghose..........................Respondent Judgment April 18th, 1995. Lawyers Involved: SR Pal, Senior Advocate instructed by Shamsul Haque Siddique, Advocate‑on‑ Record‑ For the Appellants. ......gh him it was found that Gopal Chose had no locus standi to file any caveat in the probate proceeding. It was also found that the caveat was not accompanied by any affidavit affirming the right and nature of the caveator and further the required Court fee of Taka 100.00 was also not paid. The Di..Category: Property Law | Date: | Hits: 67
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