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Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
.... K. Hossain J: The petitioner is a dismissed employee of Public Jute Mills Ltd. He was an Office Assistant in the Labour Office of the Company. He was charged on two counts and dismissed after holding a domestic enquiry. His petition before the ......c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 151
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....nd ordered the removal of the appellant from the office of the Mutwalli, under section 32 of Wakf Ordinance, 1963, and appointed the Respondent in his place and directed the making over of the charge, to the newly appointed Mutwalli immediately. Against this order the appellant moved t......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. ..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
.... Judgment: Ahsanuddin Choudhury J: This appeal by special leave at the instance of the State is against the acquittal of the four respondents of the charge under section 302/34, Penal Code; in Sessions Trial No. IV of 1968 (January) of the Sessions......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. ..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
....sion in Criminal Appeal No. 150 of 1973.) Judgment: Ahsanuddin Chowdhury J: The petitioner along with one Akkas AH Dafadar faced a trial on three charges viz. under section 148 read with Article II(c) of Bangladesh Collaborators (Special Tribun......02/109. It appears that it was argued before the High Court Division that when after abduction, the dead body was recovered and that there was specific charge for murder in the alternative for abetment of murder, no conviction under section 364 could be sustained. But the High Court Division..Category: Criminal Law | Date: | Hits: 62
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
.... Appeal No.3 of 1969) Judgment: Ahsanuddin Chowdhury J: The petitioner K.M. Zaker Hossain faced a trial in the Court of the Special Judge, Pabna on two charges namely, under section 409 of the Bangladesh Penal Code as well as under section 5 (2) of Ac......o be the appropriate provisions of law applicable in the instant case as clause (d) of section 239 of the Criminal Procedure Code provides that persons accused of an offence and persons accused of abetment may be charged and tried together. The petitioner Zaker Hossain was charged as the princip..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....ssed under section 302/34 Penal Code against the appellant by the Special Tribunal No. 1, Bogra. 2. The appellant along with 11 others were put on trial before the aforesaid Special Tribunal on charges under section 302/34 Penal Code read with Article 11 (a) and (b) of the Bangladesh Collabora......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)
....ce to the High Court for the acceptance, observing that sanction was necessary, as the appellant was a government servant and was alleged to have committed the offence in the purported discharge of his duties as such. He also held that the offence under section 420/511 P.C. was exclusiv......nt in terms of S. 21 of the Penal Code. 7. Ahad Shah is a Lahore case and there accused was managing proprietor of a firm. Ahed Shah and Mohammed Shah and Company, and was charged with the abetment of an offence under section 161 of the Penal Code. There were three separate trials and ea..Category: Employment/Service Law | Date: | Hits: 81
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....atpur Bazar after purchasing 15000 cigarette. He was accompanied by a cooly who was carrying the cigarettes and another shopkeeper named Harunur Rashid. The police after investigation submitted a charge sheet when the appellant faced the trial before the Special Tribunal under section 392, Ban......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. ..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... been in possession of the property, as the question of setting aside the sale would arise only before its confirmation. When the insolvency Court removes from such possession and commits it to the charge of the Receiver there is at least an implied direction to him to preserve it till the disposa......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. ..Category: Property Law | Date: | Hits: 118
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ...... the consent of her lawful guardian as mentioned therein obligatory for the purpose of her remarriage and declares any remarriage of a minor widow in violation of the said provision to be void and abetment of such remarriage a penal offence punishable with imprisonment. Here also the Legislature..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....under section 29 of the Arms Act. 2. The appellants Ashraf Ail Sikdar and Amir Ail Gazi faced a trial in G.R. Case No. 463 of 1972 in the Court of the Special Magistrate, Pirojpur. The charge against them was that 11 rounds of bullets were found in possession of appellant Ashra......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)
....tillation is found to be below 42 percent, it shall not be increased except with the previous sanction of the Collector of the district. When the requisite strength has been reached, the Officer-in-charge shall send at the cost of the licencee a quart battle of duty free sample of the product to t......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....and also an Assistant Teacher as Polling Officer of Ward No. 3. At about 2-15 p.m. on the election day a disturbance occurred in Word No. 3 for which the police had to open fire and resort to iathi charge to disperse a big gathering of the people. Many were wounded and the election was closed. T......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
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....e the point for consideration is: Whether the G. R. Case No. 255 of 1973, pending in the Court of the Sub-Divisional Magistrate (N), Barisal in which occurrence took place on 4. 8. 1973 but charge-sheet was Submitted on 20. 7. 1974 and cognizance was taken on 31. 8. 1974 under President's......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. ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....essed and collected in the prescribed manner. Section 8 provides for payment of penalty for default in payment of the tax. Section 9 declares that all dues payable under the Act shall be the first charge upon the defaulting holding as well as the moveable property found thereat. Section 11 makes......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....bution 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-charge of Narsingdi Yarn Distribution Committee as Chairman who requested the respondent to recommen......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. ..Category: Employment/Service Law | Date: | Hits: 170
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... in relation to section 302, Penal Code and (ii) whether section 238 of the Criminal Procedure Code was rightly invoked in convicting the appellants under section 364/34 in the absence of any charge thereunder. 2. The appellants were placed on trial on a charge under section 302/34 o......ified there was no scope for a charge under section 364, Penal Code. The abductor in such circumstances should be charged with murder pure and simple, if he is the murderer himself or at least with abetment of murder. The learned Counsel pointed out that though there was nothing of abductio..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....izure lists prepared between 4.-00 hours and 6-10 hours of 4-3-1987 and sent the dead body to the morgue for post mortem examination at 9-45 hours of 4-3-1987. 7. At the trial charge was framed in the absence of the convict, since he was absconding and did not appear till th......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
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
....rs named Nibir Chandra Chowdhury and Goutam Chandra Chowdhury were placed on trial along with their father before the Court of Additional Sessions Judge, Bogra, in Sessions Case No. 30 of 1993 on a charge of committing murder of one Golok Chandra. By the judgment and order dated 3 1-7-94 the tri...... 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
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