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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. ...... 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. ......nally causing the death of Anisur Rahman and have they committed an offence punishable under section 303/34 read with Article II (a) of Collaborators Order or in the alternative did they abet the Commission of the offence of murder of Anisur Rahman and have they committed an offence und..Category: Criminal Law | Date: | Hits: 62
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ses of wastage such as transmission of conversion losses. The Electric Supply Corporation of Calcutta having obtained sufficient prima facie materials lodged a complaint before the Chief Presidency Magistrate at Calcutta against 23 persons that their electricity was being st......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. ......although the rate quoted was 9'25% higher than the estimated amount. The work order was issued on 20-11-64 without the approval of the District Council or the Controlling authority, namely the Commissioner of the Division. After the issuance of the work order, the scheme was sent on 5-12-196..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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 63
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....the loss of a very valuable property belonging to the company in consequence of the disputed auction sale. Reliance has been placed by the learned Counsel on this point on certain observations of Chief Justice Munir of Pakistan Supreme Court in the case of the Commissioner of Income Tax vs. E V.......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. ......76. Result: 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 cre..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. ......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. ......r appointment of Mr. M.A. Khaleque as the commissioner for examination of plaintiff No. 1. It appears that adjournments were taken in the suit on behalf of the plaintiffs or the Advocate Commissioner from time to time for submission of the Commissioner's report, but, on 20-5-75 the Adv..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
.... 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 certain property is against a judgment of the Chief Justice of Dacca High Court, sitting singly, allowing a Second Appeal and dismissing the plai......nbsp; ......nbsp; ..Category: Property Law | Date: | Hits: 59
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. ......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 the Constitution by which a judgment of the Election Tribunal declaring the election of the appellant as Chairman of the Union Parishad void at......ven no opportunity to defend their election. 8. In our opinion this appeal appears to be covered by the decision of the Appellate Division in the case of Syed Mofazzal Hossain vs. Election Commission and others 28 D.L.R. (A.D.) 51. It has been pointed out in the said case that the ..Category: Others | Date: | Hits: 141
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. ......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. ......g a certain area outside municipal or cantonment areas to be an urban area solely to the discretion of the Government. It may also be mentioned that under Article 8(2) of the Order, the Divisional Commissioner was given the power to divide the urban and rural areas of Thana within his jurisdicti..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... SC 292; Tariq Transport Company Vs. Sargodha-Bhera Bus Service 11 DLR (SC) 140=PLD 1958 (SC) Pak 437; Messrs Faridsons Ltd. Vs. Government of Pakistan; 13 DLR (SC) 233 = PLD 1961 (SC) 537 ; The Chief-Commissioner, Karachi Vs. Mrs. Dina Sohrab Khatrak , 11 DLR (SC) 113 = PLD 1959 (SC) 45; Nakh......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. ......; Francis vs. Municipal Councillor of Kualalampur (1962) 3 All ER (PC) 633; Vidyodaya University of Ceylon and others Vs. Silva (1964) 3 All ER 865; Ridge Vs. Baldwin, 1964 AC 40; Rex Vs. Electricity Commissioners (1924) 1 KB 171; Nakkuda Ali vs. Jayaratne (1951) AC 66; Rex Vs. Legislative Committe..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....ury, J Sd/- K. Hossain, J D. C. Bhattacharya, J.—I have had the benefit of pursuing the judgment prepared by .my learned brother Kemaluddin Hossain, J. with whom my lord, the Chief Justice and Ahsanuddin Chowdhury, J. have concurred, I agree with his view on two of the thre......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. ......ca, was first requisitioned and then acquired by the appellant for the Dacca Improvement Trust for construction of Mohakhali Link Road. The land was requisitioned on 9-7-1960 by Additional Deputy Commissioner, Dacca, in L.A. Case No. 73 of 1959-60 under sub-section (1) of section 93A of the Tow..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ..Category: Criminal Law | Date: | Hits: 74
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ..Category: Administrative Law | Date: | Hits: 132
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ..Category: Criminal Law | Date: | Hits: 65
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ...... Judgment May 30, 2001. The Constitution of Bangladesh, 1972, Article 102 The Union Parishad (Election) Rules, 1983, Rules 39(4) Where the contesting candidates or their ag......as challenged votes of the respective candidates and that according to the consolidated result the appellant got 2961 votes and respondent No.1 got 2751 votes and the same was sent to the Election Commission for publication of the result. The appellant was declared elected Chairman of No.3, Cith..Category: Election Law | Date: | Hits: 124
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
.... show cause under the provision of section 46 of the Bank Companies Act, 1991. This section provides that where Bangladesh Bank is satisfied that it is necessary to remove the Chairman, Director or Chief Executive by whatever name called, of a Banking company in the public interest or to prevent ......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......strative Appellate Tribunal. 2. Respondent No. 1 filed the aforesaid case praying for three declarations namely, (1) declaration that he was entitled to get ante-dated seniority as Assistant Commissioner of Taxes with effect from 5-8-74 and as Deputy Commissioner of Taxes with effect from..Category: Administrative Law | Date: | Hits: 93
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. ...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ..Category: Criminal Law | Date: | Hits: 72
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......ved, and it makes the Judge who tried the case final on such application.” 8. In the instant case, the petitioner alleges that certain letters have passed between the Foreign Office and the High Commission for Bangladesh in Karachi after the disposal of the appeal, which disclose that Md. Ismai..Category: Property Law | Date: | Hits: 107
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....of Food he received a letter dated 27-8-82 signed by an Assistant Inspector General of Police intimating him that he had been retired from service under Martial Law Order No. 9 of 1982 by the CMLA (Chief Martial Law Administrator) with effect from 1-10-1982. The respondent submitted representati......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ..Category: Administrative Law | Date: | Hits: 117
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