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Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......lection Tribunals exercised the powers of the Court. In giving a negative answer the learned Judge observed: "Exercise of judicial power of the State is the determining factor for investigating body with the character of a court and that a tribunal exercising a judicial power does not mean mer..Category: Trust/Waqf Law | Date: | Hits: 182
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. ...... was also arrested. They were then taken to Rajganj Rajakar camp and on the following day Akkas Ali Dafadar, under order of the petitioner, killed Anisur Rahman by a rifle shot. Thereafter his dead body was taken to his village home where he was buried; the defence was a plea of innocence. It was..Category: Criminal Law | Date: | Hits: 62
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....eration. Having come home Abdul Jabbar Dewan heard of the details of the occurrence from his neighbours including some of the prosecution witnesses. Thereafter, he lodged written information at the local Police Station. The police after investigation submitted a charge sheet. 5. The defence ......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
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....ine) Rule 1960 as amended, may be looked into. Rule 98, Chapter 12, of the Service Rule, inter alia, shows that a Government Servant can only be lent to the borrowing authority, who is a local authority or a public statutory Corporation, or for some other public reason, if the Governme......endering his deputationary functions; his duties are to be regarded those of a borrowed Government servant. It is immaterial so far as the borrowed officer is concerned, as to the body or authority he is rendering the service. The criterion is his duty and his capacity as a borr..Category: Employment/Service Law | Date: | Hits: 81
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. ......rest affected by the sale as has been contemplated in Order 21, rule 90 of the Code. It, is true, learned Counsel has contended, that a private limited company is a juristic person different from the body of its share-holders and is, in law, the owner of all its properties, and a share-holder has no..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
.... the limits of India and for the purpose of this rule the Commissioner shall be deemed to be a Civil Court. (2) A Commissioner may apply to any Court (not being a High Court) within the local limits of whose jurisdiction a witness resides for the issue of any process which he ma...... framed for the purpose of assisting the Court to avoid certain practical difficulties in execution of a commission or a letter of request in a foreign country. These Rules which refer to or embody reciprocal arrangement with the Government of the foreign countries regarding execution of an..Category: Civil Law | Date: | Hits: 108
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....it, the suit premises had become nonexistent and as such the decree had become inexecutable. 3. On 13-4-74 an application was made on behalf of the petitioner in the said Miscellaneous Case for a local investigation without which it was stated in the said application, the decree could not be exe......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. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......xpressed in the Text of Vrihaspati which Jimutavahana makes the basis of his reasoning on the subject of a widow's estate (Dayabhaga XI, 1): “of him whose wife is not deceased half the body survives. How then should another take his property while half his person is alive. This is d..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. ......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. ..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. ...... publication of the notice, in the gazette the requisitioned property shall vest in the Government, and period of requisition shall cease. We therefore find that section 5 provides a body of rules for the acquisition of a requisitioned property. A requisitioned property before..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....es was not the determining factor as to the character of such an area, namely, whether urban or rural. It is well known and Mr. M.H. Khondker has conceded it at the bar that there were certain localities in the country in the past which were popularly recognised as towns or urban area, there......een Anne, the Title of the Statute being: "An Act for the Naturalisation of the Most Excellent Princess Sophia, Electress and Duchess Dowager of Hanover and the Issue of her body." It was recited in the preamble of the Act: ....................i..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....ific assignments and (5) Any other work that may be assigned to him by J, D. Y (P&A). The distribution centres were placed under Yarn Distribution Committees which were put under the control of local respectable persons, Mr. Safar Ali, the then Member of the Constituent Assembly was placed in-......ures applicable to government departments. These advantages are ensured in case of a public corporation as well. The usual pattern of managing the affairs of a public undertaking is to have an apex body, a governing board, for the purpose. In case of government companies such boards are known as b..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. ......case P.L.D. 1959S.C. (Pak) 307. 29. In order to determine whether a decision in such a proceeding is open to appeal, it is to be found if the special statute under which the decision making body functions confers in terms a right of appeal. It is not permissible to deduce such a right by ..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....ght Yusuf under a banyan tree in front of Barabkunda School and assaulted him there. Thereafter the Army left that place and the appellant took Yusuf towards the D. D. T. Factory of that locality at about 12 noon and that 2 or 2 1/2 hours thereafter Yusuf was shot dead by the appellant...... in furtherance of their common intention did commit murder of Md. Yusuf, son of Abdul Karim in the tills near Gul Mohammad Jute Mills and D. D. T Factory within Sitakunda Police Station. The dead body of Yusuf was thereafter brought to the house of his father and buried. The defence de..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. ...... PW 12 upon recording the General Diary(GD) No112 dated 4-3-l987 some time before 3-45 hours of the night of 3rd and 4th March, 1987 went to the place of occurrence and found the dead body of driver Siddique Bhuiyan in the driver’s seat and that he held inquest on that very ni..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
....and PW 2 Gayatri are respectively widow and daughter of victim Golok. They gave consistent evidence regarding the prosecution case and they were corroborated by P 3 Susanta who was a member of the local Union Parishad. Their evidence proved to the hilt that the two appellants gave blows on the c...... 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. ..Category: Criminal Law | Date: | Hits: 59
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
.... of the deceased and did not adduce any independent disinterested witness although it was possible for the prosecution to examine such witnesses. Fourth ground was that PW 2 Nityananda Sarker, the local Chowkidar deposed that immediately after the death of Asia, he heard other villagers were tal...... Accordingly, when a sale deed was being prepared on 17-4-90 police came to the spot and the accused persons fled away. An UD case was registered with police station on 17-4-90. Inquest of the dead body was held on that date at 5-00 PM. Thereafter, the dead body was sent to the morgue and a medic..Category: Criminal Law | Date: | Hits: 67
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....uted shop on expiry of the agreement of lease. 3. The respondent contested the suit by filing a written statement stating inter alia, that after liberation the appellant, a non-local, was in acute financial problem and demanded a sum of Taka 55,000.00 for business and on pay...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......rother Humayun Kabir was gunned down at about 8-30 PM in the Central Road area Dhanmondi, Dhaka. On getting this information the informant went to Dhaka Medical College Hospital and found the dead body of his brother. In the first information report it was further stated that the deceased Humayu..Category: Criminal Law | Date: | Hits: 68
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....- (1) In the case of Barnard and others vs. National Dock Labour Board and another 1 953(1) All England Law Reports 1113, it was held that the power of suspension of a worker of the local Dock Board for any disciplinary function was given to the Local Dock Board, the local Board ...... 1972, Article 118 The Representation of the People Order, 1972 (President's Order No. 155 of 1972), Articles 3A & 4 Election Commission is a composite body, an individual member can only act under section (article) 4 of the Order when he is authorise..Category: Election Law | Date: | Hits: 144
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