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Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....ase is also Reported in: 29 DLR (SC) 246. ......nt and 5 other convicted accused filed an appeal to the High Court Division but before hearing of the appeal the 5 other convicts were released in pursuance of an order of clemency passed by the Government; while the order of conviction and sentence passed against the appellant was upheld by the......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)
.... Ed. ......ference No. 95 of 1971 Judgment Kemaluddin Hossain J.- In this appeal the question of law involved is, whether the appellant who is a government officer and therefore a public servant and was on deputation on foreign service basi......104 of 1960 was promulgated by the Zonal Martial Law Administrator of East Pakistan. Under this Marital Law Order, the Provincial Government was empowered to appoint an Administrator take over the management of the Company. But the said Order clearly recited that the Company shall continue to be..Category: Employment/Service Law | Date: | Hits: 81
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....e Case is also Reported in: 29 DLR (SC) 211. ......e consequence of this is that the court will not review findings of fact reached by inferior Court or Tribunal, even if they be erroneous. This is on the principle that a Court which has jurisdiction over a subject matter has jurisdiction to decide wrong as well as right, and when the Legislature ......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)
....ts. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......roperties, and a share-holder has no direct say in the management of the affairs of the company, but it is the share-holders who provide the share-capital of the company and have the ultimate control over its management and, in the ultimate analysis, it is they who are going to suffer for the loss......ation of the said expression, but nonetheless, affirmed the order of the learned district Judge on the view that a share-holder had no interest in the company's property nor had he any say in the management of the affairs of the company and that the pecuniary injury which a share-holder mi..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....ed. Ed. ...... facts leading to the present leave petition may be set out. 2. The Respondent M/S. A.T.J. Industries Ltd. filed writ petition asserting that prior to the filing of writ petition, the Government by a Notification of October 11, 1972 took over the company with all its assets and pro&s......Industrial Area under Articles 4 and 5 (ii)(a) (b) of the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), and the company was put under the management of an Administrator. In the course of representations by the Company for its release, a ..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
.... Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M. Huq, Advocate on Record—For the Appellants. Khandkar Mahbubuddin Ahmed with S.A. Latif, Advocate—For the Respondents. K.A, Bakar, ......nsidered. It appears that this application was considered by a different Subordinate Judge, who, being of the view, relying upon the decision of the Supreme Court of Pakistan in the case of the Hanover Fire Insurance Company vs. Mis. Muralidhar Benechand, reported in (1955) 10 D.L.R. (S.C.) 136:......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. ..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....Vs. Shayama Pada Das, AIR 195' Cal. 771: Gurupadappa Basappa Vs. Krishiddappa Shivabasappa AIR 1954 Bom. 318: Kishan Chatu Bhu vs. Arjun Shankar, AIR 1954 Madhya Pradesh 429; Mst. Manabai vs. MST Chandan Bai, AIR 1954 Nag. 284, Hira Dei vs. Badhu Sahu, AIR 1954 Orissa 172; Basappad vs. Parwatamm...... D.C. Bhattacharya 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 ......nbsp; ..Category: Property Law | Date: | Hits: 59
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
.... ......e or firing at the centre of Ward No. 3 that the election of the said centre was not postponed as alleged but that the same was held and completed peacefully. The Election Tribunal by its judgment overruled the objection of the appellant and others as to the maintainability of the petition ......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
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....mstances of the case there shall be no order as to costs. Ed. ......eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ......eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 138
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....Mridha, 26 DLR (SC) 173 (dissented from by the present Supreme Court judgment): Tozammel Hossain vs. State, (1975) 27 DLR 36 and A.T. Mashood vs. State, (1975) 27 DLR 93 (stand over-ruled) Shaymal Chandra vs. State, Cr.M.C. No. 84 of 1974; Sabjee Aii vs. State, Cri. Rev, No. 470 of 1974; A.K.M. R...... Solicitor vs. A.T. Mridha, 26 DLR (SC) 173 (dissented from by the present Supreme Court judgment): Tozammel Hossain vs. State, (1975) 27 DLR 36 and A.T. Mashood vs. State, (1975) 27 DLR 93 (stand over-ruled) Shaymal Chandra vs. State, Cr.M.C. No. 84 of 1974; Sabjee Aii vs. State, Cri. Rev, No. ......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)
....) All. E.R. 49; M/s Speed Bird Navigation Company and another vs. Bangladesh in (1975) 27 D.L.R. 170; Md. Rejaul Haque vs. Bangladesh m (1976) 28 D.L.R. 38. Lawyers Involved: M.H. Khandker, Senior Advocate, with Syed Mozaffar Hossain, Advocate, instructed by M.R. Khan, Advocate-......ons Ltd. Vs. London Society of Compositors 1913 A.C 107; Powell Vs. The Kempton Park Race Course Company Limited (1899) A.C. 143 at page 157; Attorney General vs. Prince Ernest Augustus of Hanover, 1957 A.C. 436 same case 1957 (1) All. E.R. 49; M/s Speed Bird Navigation Company and another......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)
....s Case is also Reported in: 29 DLR (SC) 41. ......; Dr. Bool Chand Vs. Chancellor, Kuruskhetra University, AIR 1968 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. Mr......the rule that their employees should not have the status of civil servants. This is an outcome of the conception that the corporations should, as far as possible, approximate to the ideas of business management and not to be tied too closely to the civil service. But there seems no present intention..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
.... 19 QBD-1; Cohence Moore Vs. Akesseh Tayee—A.I.R. 1935 P.C. 5 Hari Miah Vs. State—10 D.L.R. 123; Hari Miah Vs. State—11 D.L.R. (S)C) 368 same case P.L.D. 1959 S.C. (Pak) 307; Ramchandra Datta Vs. Jogesh Chandra Datt (1873) 19 W.R. 353; National Telephone Company Limited Vs......n L.A. Case No. 73 of 1959-60 under sub-section (1) of section 93A of the Town Improvement Act, 1953 (hereinafter called the Act) and acquired under clause (a) of sub-section (4) of section 93A by Government Order No. 1516-Reqn. dated 3-10-1963. 2. The Additional Deputy Commissioner Dacca,......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. ..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....appeal is, accordingly, disposed of. Ed. ......brought to the house of his father and buried. The defence denied the prosecution case and contended that the appellants were falsely implicated out of enmity on account of litigation over land dispute. The trial ended in conviction and sentence of the appellants as stated above. ...... 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
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....le when. the law on this point is, settled and when the Government took the aforesaid decision in public interest. 5. Dr. M Zahir, learned Counsel entering caveat, on the other hand, submits that when the petitioner who contested the case before the Tribunal has not preferred......p; Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Home Aff......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
Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
....te, and in view of the documents on record admitting that the share certificate was not delivered to the company or to respondent No. 2, it cannot be accepted that the share certificate was in fact handed over to the company or to respondent No. 2. ...... in view of the documents on record admitting that the share certificate was not delivered to the company or to respondent No. 2, it cannot be accepted that the share certificate was in fact handed over to the company or to respondent No. 2. &......ate limited company. 3. The case of the petitioner-respondent is that the Managing Director of the company’ respondent No. 2 Abu Taher persuaded the petitioner for better management of the company to sign some blank letter-heads on the petitioner’s trading company..Category: Business or Commercial Law | Date: | Hits: 97
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ......ot pay Bangladesh Shilpa Rin Sangstha the first two installments due on 1-6-1998 and 1-1-1999, the company defaulted in loan repayment to ICB. The Board of Directors had ceased to have any control over the affairs of the company and the Board had not met since 23-8-1998 in violation of section 9......g into the registered office of the company as well as the premises of the company’s farm. The petitioner alleged that the action of the respondent No. 2 was a continuation of the oppressive management prevailing in the company for more than a decade. The affairs of the company were being ..Category: Business or Commercial Law | Date: | Hits: 95
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....xercised by the trial Court in allowing the impugned formal and consequential amendment of the plaint. 7. Mr. SR Pal, learned Counsel appearing for the respondent, on the other hand, submitted that the plaintiffs kabala dated 24-3-64 shows that he has purchased only 0.08 1/4 ...... 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowed to introduce a new case which was not necess...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......him to appear before petitioner No. 2 on 19-10-2000 for a personal hearing and letter dated 6th November, 2000 issued by petitioner Nos. 1-3 asking the writ petitioner to appear before the Deputy Governor, Bangladesh Bank who was the Chairman of the Standing Committee under section 48 of the sai...... earlier two letters. It has been alleged by the present petitioners that the writ petitioner obtained illegal financial benefit from UCBL between 1-9-1997 and 20-8-1999 causing obstruction in the management of the bank which is against public interest and also against the interest of the custom..Category: Business or Commercial Law | Date: | Hits: 131
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....absolute and quashing the proceeding of Motijheel PS Non FIR Case No. 793 of 1997 under section 145 of the Code of Criminal Procedure and directing the receiver, Officer-in-Charge, Motijheel PS to hand over possession of Holding No. 59 and 59/1 Purana Paltan, Dhaka to Humayun Kabir, second party......ute and quashing the proceeding of Motijheel PS Non FIR Case No. 793 of 1997 under section 145 of the Code of Criminal Procedure and directing the receiver, Officer-in-Charge, Motijheel PS to hand over possession of Holding No. 59 and 59/1 Purana Paltan, Dhaka to Humayun Kabir, second party in t......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ..Category: Criminal Law | Date: | Hits: 62
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