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The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....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. ......pendence day on 14th August, 1966. The meeting continued till 10 P.M. Thereafter, all left except P.W. Sachindra. At about 1 A.M. Dr. Salam went to a nearby mosque to say his (Tahazzad) prayer asking P.W. Sachindra to wait till his return from the mosque. But P. W. Sachindra bein..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
....r 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 Tribunal) Order, 1972, 364/34 and 302/34 in the alternative under section 30.3/109 B.P.C. read with Article II(a) of the aforesaid order. ...... 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. ..Category: Criminal Law | Date: | Hits: 62
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......o be invalid. It was further held "the provisions para 2 of Schedule I are of a mandatory character, so it was open to the arbitrators to appoint an umpire within one month and if they fail to make a prayer to the court for appoint of an umpire, the parties are at liberty to make a prayer to the cou..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
..... These powers cannot be invoked in a case which is fully covered by specific provision in the Code or where there is a positive prohibition regarding a particular act or order or where there is an alternative remedy." 80. An exception, however, was made to the proposition laid down above, in ......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
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. ......ed a joint written statement asserting that the power of attorney is genuine and the transfer effected on the strength of the same is valid and lawful. 3. On 28-8-74, the plaintiff’s prayer for examination of plaintiff No. 1 on commission in Calcutta was allowed and Mr. M. A. Khaleq..Category: Civil Law | Date: | Hits: 108
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. ......if, Chittagong, challenging authority of the Corporation to draw the disciplinary proceeding against him without jurisdiction, and prayed for temporary injunction. This leave petition is sequel the prayer for temporary injunction. The trial court granted the temporary injunction, and the first a..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....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. ......half 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 executed. The executing Court rejected the prayer for local investigation 01 the view that it was not necessary at that stage The High Court Di..Category: Tenancy Law | Date: | Hits: 89
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. ......ndent Nos. 3 to 25, who contested the election for the offices of Chairman, Vice-Chairman and Members of Ward No. 3 of Union Parishad No. 7 Betagi, Rangunia, Chittagong held on 29. 12. 73. The prayer made in the election petition for a declaration that the election of the appellant and ..Category: Others | Date: | Hits: 141
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. ......gation submitted charge-sheet against the accused en 20. 7. 1974 under Sections 147/148/149/302/109, Penal Code read with Article 2(4) of P. O. 50. The accused were taken in to custody. Their prayer for bail was rejected, both by the Sub-Divisional Magistrate as well as by the Sessions..Category: Criminal Law | Date: | Hits: 113
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ......d two objection petitions to the grant of interlocutory injunction, the substance of both being the same. The Respondents denied the existence of the wakf hat. It was further urged that on the prayer of the Tarabo Union Council, Noapara hat was allowed to sit for a short period, and the per..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... done no work for respondent. The appellant sought a declaration that the termination of his employment was wrongful and-that he had the right to continue the employment from October 1, 1957, and alternatively he claimed damages for wrongful dismissal. The Privy Council held that when there has ......ity his service was of public character and under section 16(5) of the Municipal Ordinance, 1948 the President had the power to dismiss him. This power was admittedly irregularly exercised, but the prayer for a declaration that the dismissal was wrongful was refused in this case on the ground that..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the appeal is dismissed without any order as to costs. Ed. ......r Order 7, rule 11 of the Code of Civil Procedure for rejecting the plaint. The respondent thereafter filed an application for amendment of the plaint whereby he wanted deletion of the second prayer, namely, that the respondent is still in service as Grade-II Officer and the prayer was allo..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....Act did not function as a Court subordinate to the High Court within the meaning of section 115 of the Code of Civil Procedure as was correctly contended by the learned Attorney-General in the alternative. 22. It is not necessary for me to recite all the facts leading to the filing of...... 3. From the award, the appellant preferred an appeal to the High Court of East Pakistan, being F.A. No. 158 of 1966. It came up before a Division Bench. It held that no apples lay, but on the prayer of the appellant, was pleased to convert the memorandum of appeal into an application under ..Category: Property Law | Date: | Hits: 135
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......Hon’ble High Court Division and a Division Bench of the High Court Division upon hearing the parties allowed the appeal and reversed the judgment and order of the trial Court and refused the prayer for injunction. 6. On the submission of Mr. Rokanuddin Mahmud, learned ..Category: Civil Law | Date: | Hits: 112
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ......for an injunction against the defendant-petitioner. 3. The contesting defendant entered appearance in the suit and also filed a written objection against the plaintiff’s prayer for injunction in favour of the plaintiff as prayed for and against the defendant which was ..Category: Intellectual Property Law | Date: | Hits: 224
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. ...... Court, Comilla, in Sessions Case No. 77 of 1991 dated 30-1-93. 2. The prosecution case, as can be gathered of the evidence of the PWs, was that on 16-4-90 at the time of Zohr prayer victim Asia returned to her house after taking bath from a tank when the two accused petiti..Category: Criminal Law | Date: | Hits: 67
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. ...... the view that the contention so raised was of no substance rejected the application summarily. 5. Mr. Sk Afzalur Rahman, learned Advocate for the petitioner, in support of his prayer for granting leave to appeal against the order of the High Court Division, submits that the..Category: Criminal Law | Date: | Hits: 65
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....naging Director. The respondent No. 3 having relinquished the office of the Managing Director and the respondent No. 2 being the founder Managing Director of the respondent company he had no other alternative but to assume the office of Managing Director with the consent of all the Directors and......-1998 to enable the company to function smoothly. 5. The respondent No. 2 filed affidavit-in opposition and various supplementary affidavit-in oppositions to resist the aforesaid prayers of the petitioner denying the allegations made in the petition and inter alia, stating that..Category: Business or Commercial Law | Date: | Hits: 95
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. ......miscarriage of justice as it has changed the nature and character of the suit. 4. Mr. Jalil led us through the judgment of the High Court Division and it appears that only the prayer portion of the plaint was allowed to be amended and in so doing the High Court Division foun..Category: Procedural Law | Date: | Hits: 82
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. ....... Thereafter on 26-5-85 the plaintiff filed his first petition for amendment of plaint by changing the figure plot No. "936" to "935". An advocate commissioner, appointed on the prayer of the defendant, submitted his report on 15-2-86 showing plaintiff’s possession in 0..Category: Property Law | Date: | Hits: 58