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Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... of the proceeding land (plot No. 759, Khatian No. 526 under char Iswardi mouza), that the second party be restrained to enter into the said land and that the O/C Kotwali (receiver) be directed to hand over possession of the land to the first party. 6. The second party being aggrieved by ......7. The report further said that the parties were close relations, that the second party men were of troublesome and violent nature and that there was likelihood of breach of the peace and of murder over the dispute between them. 3. The learned Upazila Magistrate upon perusal of the Police...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
.... into the room of deceased Zahura Khatun and at that time after taking his evening meal he was sitting in the courtyard of deceased Zahura Khatun's house. He had two‑battery torchlight in his hand and he focused torchlight towards them and according to their instructions he raised hue and ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......r appealed against in its entirety it will have also power to suspend the operation of the order during the pendency of the appeal. It was observed: Strictly speaking, the matter does not fall to be governed by Order XXXIX, rule 1, CPC. In our opinion, the power to grant interim relief by suspending......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ution of a legal sentence. Reliance is placed on In re Vs. Bonomally Gupta, ILR 1917 Cal. 723 (733), Janardhan Reddy Vs. The State of Hyderabad & others, AIR 1951 (SC) 217, and Col. Dr. B Ramachandra Rao Vs. The State of Orissa and others, AIR 1971 (SC) 2197. In all these cases the existenc......B); In re Peerless (1841) I QB 143; Re Elmy (1834) IA & E 843; Taylor Vs. Taylor, (1876) 1 Ch. 426; RV Post Master General ex parte Carmichael [1928] I KB 291; RV Mount (1875) LR 6 PC 283; RV Governor of Lewes Prison, ex parte Doyle (1917) 2 KB 254; Ameer Khan (1970) 6 Beng LR 459; CP Mathen......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....and the informant woke up and saw injuries on the chest of her husband. She also saw accused Babor Ali going by the southern side of her house with a gun on his left shoulder and a dao in his right hand. Accused Babor Ali was wearing lungi and shoes at that time. PW Rahela Khatun disclosed that ......Kulsum Bibi. 8. PW 1 stated in examination‑in‑chief that she mentioned in the First Information Report that she saw appellant Babor but the First Information Report was not read over to her. But the prosecution did not make any attempt to examine Moniruddin and Karimunnessa to......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..Category: Criminal Law | Date: | Hits: 68
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....as held in his house and at that time he heard a sound from the eastern corner of his house and going over there he saw that accused Masabber Chacha and others were running away with chora in their hands from the place of occurrence. The informant and others found victim Nurul Islam dead. On thi......olice Station stating, inter alia, that on 6.10.89 after Magrib prayer a Milad and Waz Mahifil was held in his house and at that time he heard a sound from the eastern corner of his house and going over there he saw that accused Masabber Chacha and others were running away with chora in their han......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..Category: Criminal Law | Date: | Hits: 60
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....ountant of the Appellant-Society who was later on found negligent in the discharge of his duties and responsibilities and as such an order was served upon him on 2nd December, 1968 directing him to hand over the charge of his office to the Assistant Accountant and was placed under suspension from......nt of the Appellant-Society who was later on found negligent in the discharge of his duties and responsibilities and as such an order was served upon him on 2nd December, 1968 directing him to hand over the charge of his office to the Assistant Accountant and was placed under suspension from 7th ......of— (a) the registration of a co-operative Society or its by laws or of an amendment of its by-laws; or (b) the dissolution of a managing committee and the management of the society on dissolution thereof; or (c) any dispute required und..Category: Labour and Industrial Law | Date: | Hits: 144
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....uzzaman and some others were on the foot path, the respondent Bahauddin along with a few other armed police constables came in a jeep from the north alighted therefrom with a drawn revolver in his hand and proceeded towards late Asaduzzaman and others forming a cordon. When Asaduzzaman and his a...... P. C. He was of the opinion that since Bahauddin Ahmed was a public servant on duty and that the action he took was in discharge of his public duties, it was necessary to obtain sanction from the Government before he could be prosecuted. The complainant having failed to obtain any sanction from ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....nd others A.I.R. 1961(S.C.) 832; Secretary of State for India Vs. Mask & Co. L. B. 67 I. A. 222 = A.I.R. 1940 P.C 105; Abdul Rouf and others Vs. Abdul Hamid Khan in 16 D.L.R. (S.C.) 515; Phool Chand Vs. Gopal Lal, reported in A.I.R. 1967, 1470; Lawyers Involved: Shamsul Huq Ch......d acquisition proceedings, the averments in the plaint make it sufficient clear that what the plaintiffs were seeking was the undoing of the requisition and acquisition of the plaintiffs' land. Moreover, it has been further submitted by the learned Counsel that the first part of the prayer (b) h...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....s Case is also Reported in: 28 DLR (AD) 141.......terial to show the quantity and value of the closing stock, the profits or loss can easily be ascertained, and so, the absence of a regular stock register or a stock register kept according to the Government notification under the Textile" Control Regulations would not be sufficient ground to re......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....to have had some kind of relation or connection with some transaction of properties in Pakistan. 9. Mr. A.W. Chowdhury, learned Counsel appearing on 'behalf of the Revenue, has on the other hand, contended that the method of payment of remuneration to the managing company for their servic...... the managed company had several mills operating in India and also some immovable properties including certain godowns in the then Pakistan (now Bangladesh) most of which were requisitioned by the Government of Pakistan. 7. According to the Revenue the income in question arose out of the a......h operated several mills in India and also owned some godowns, situated in Pakistan, now Bangladesh. In accordance with the terms of the agreement the appellant was vested with the power of general management of the managed Company's business transactions as well as property affairs in cons..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....Ed. This Case is also Reported in: 28 DLR (AD) 120. ......Reported in: 28 DLR (AD) 120. ......sidents and citizens of Bangladesh, although Mr. Sajjad Hossain and his family remained stranded in Pakistan due to the policy of the Pakistan Government and could not return despite willingness. The management of the Company was taken over by the Government on 31.-12. 71, when Mr. Saifuddin one of ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....s to costs in this appeal. Ed. ......t Pakistan for a declaration that the order imposing excise duty on the stockinet "hoses" manufactured by the Company was without lawful authority and was of no effect. The case made over in the said petition as that the petitioner Company which was engaged in the manufacture ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: AM Sayem CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun N......f court can not be executed by the Civil Court as in the Act there is no provision for the transfer of business for the Civil Court from the Debt Relief Court was not a Civil Court though presided over by Civil Judge and as such section 36 read with section 38 of the Code was not applicable. In ......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
.... Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......judgment of a Division Bench of the Dacca High Court in a Second Appeal, setting aside an appellate judgment of reversal and dismissing a suit brought by the appellant for declaration of title and recovery of possession. 2. Plaintiff's case is that the property in suit which is a residential hou......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....s also Reported In: 28 DLR (AD) (1976) 65. ......hand Bermecha, the predecessor of the plaintiffs, who belonged to the Mitaksara School of Hindu Law, that defendants No. 1 to 5 are co-parceners of the plaintiffs, that different co-sharers have made over possession of some of the joint properties to defendant Nos. 6 and 7 with a view to transfer ......rmal avocations of life, provisions were made in the Emergency Laws such as Defence of Pakistan Ordinance and the Rules framed thereunder, for taking custody of the properties of enemy aliens and for management and protection of the said properties during this period of the abnormal conditions. A..Category: Property Law | Date: | Hits: 93
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton, reported in (1835-42) All England Reporter 71; Hriday Nath Roy Vs. Ram Chandra Barma Sarma, I.L.R. 48 Calcutta 138; Ashutosh Sikdar Vs. Behari Lal Kirtania, ILR 35 Cal. 61;...... be no order as to costs. Ed. ......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
.... Appellate Division (Civil) Present: A. M. Sayem CJ S. A. B. Mahmud Hussain J Ahsanuddin Choudhury J Kemaluddin Hossain J Debash Chandra Bhattacharya J Matilal Sikder & ors……... Appellants Vs. ......, however, been laid down in Order 1, rule 9 that no suit shall be defeated by reason of the mis-joinder or non-joinder of parties, and the court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it and rule 13 of ......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ..Category: Property Law | Date: | Hits: 54
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295....... or a Court becomes relevant when he is so described in a particular statute. It. would be well to quote the provisions of section 43 of the Ordinance which, in the present case, raised this controversy. Section 43 runs as follows: "In the case of any wakf of which there is no Mutwalli or wh......ly until the question of legitimacy was finally decided by a competent Civil Court at the instance of the respondent. 33. According to section 51 of the Ordinance, if there is any change in the management of an enrolled wakf which may be occasioned by the death or retirement or removal of Mu..Category: Trust/Waqf Law | Date: | Hits: 182
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....y) of the Sessions Division, Rajshahi. 2. The prosecution case was that over Dayarompur Union Council affairs there were trouble and bitter feelings between Dr. Abdus Salam (deceased) on one hand and accused Azizur Rahman and respondent Golam Rabbani and their supporters or the other. Ac&......ittal of the four respondents of the charge under section 302/34, Penal Code; in Sessions Trial No. IV of 1968 (January) of the Sessions Division, Rajshahi. 2. The prosecution case was that over Dayarompur Union Council affairs there were trouble and bitter feelings between Dr. Abdus Sala......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
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