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Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....titution itself has defined the 'service of the Republic' and a 'public officer' when the constitution has denned and demarcated the status of the officer in service of the Republic, then all persons who come within the definition of the 'service' of the Republic whether high or ...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ......he orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....egard of the provision should be followed by nullification of the proceedings must not be attributed to the legislature when that result would involve general inconvenience or injustice to innocent persons or advantage to those guilty of the neglect, without promoting the real aim and object of th......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. ......ult the appeal is dismissed without, however, any order as to costs. Ed. ......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. ..Category: Business or Commercial Law | Date: | Hits: 86
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
.... appears that the High Court Division found that there was an occurrence as alleged by the complainant. It also appears that the Special Tribunal as well as the Appellate Tribunal noticed that some persons who ought to have been examined were not examined; still no adverse presumption was drawn by......icient evidence did not render it to be quashed under Article 102 of the Constitution. Hence, it discharged the Rule. 4. Leave was granted to consider whether the High Court Division ought to have interested with the conviction and sentence of the appellant when the said conviction and sentence o......fied. 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. ......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)
....sp; pecuniary injury which a share-holder might suffer on account of a sale of a company's property at a low price would be so remote and distant that it could not be said that he was one of the persons whose interests are affected by the sale, within the meaning of the law. 6. This ap......ode, and a class of persons having any kind of interest which is affected by the sale, have been given the right to apply for setting aside the sale. All creditors of a judgment-debtor are in a sense interested in the properties of his debtor for the purpose of realisation of his debts and if we und....... There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......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)
....n- (1) The provisions of this Code relating to the summoning, attendance and examination of witnesses, and to the; remuneration of and penalties to be imposed upon witnesses, shall apply to persons-required to give evidence or to produce documents under this Order whether the commission i......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. ......s set aside. There shall not however be any order as to costs in this appeal. Ed. ......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)
....eamble of Act XV of 1856 held that the Act was passed for enabling a person to remarry who could not remarry before the Act was passed and that section 2 of the said Act did not therefore, apply to persons who were allowed by the custom, to which they were subject, to remarry. 11. The fir......nbsp; ......sp; ......nbsp; ..Category: Property Law | Date: | Hits: 59
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....s or assigns in respect of the establishment to which the dispute relates; (d) where a party referred to in clause (a) or clause (b) is com posed of workers, all persons who were employed in the establishment or part of the establishment, at the case ma......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. ......ssed, 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
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
...., and goes on for a reference, and if there be a change of law, the same class of owners will be treated discriminatorily. We also do not find any good reason to apply the law to the same class of persons discriminatorily. The law for the payment of compensation is of substance, and not of mere ......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. ......de above is dismissed. We however make no order as to costs in all the appeals. Ed. ......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. ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....ct. 2. The aforesaid case was started on a first information report lodged by one Haji Shamsul Haque Bepari at Mehandiganj Police Station, Barisal alleging that on 4.8. 1973 five persons armed with deadly weapons such as pistol and knives attacked his brother Saiduzzaman while ......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. ......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. ......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)
.... Act was to collect additional revenue for the Provincial Government, and for the said purpose, the Legislature devised measures for imposition of a kind of property tax upon a class of well-to-do persons whose means of livelihood, in all likelihood, is other than agriculture and who, ......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. ......ll these appeals which are dismissed, but there shall be no order as to costs. Ed. ......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)
....nd (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-charge of Narsingd......e individual serving another private individual or body for mutual private benefits and the relationship does not involve any element other than the contractual one. In such a case, the employee is interested only in his remuneration, which can be measured solely in monetary value. In the same way......ult this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......ant in the case of Mulloch Vs. Aberdeen Corporation (1971) I WR.L. 1578 which is a recent case of the House of Lords. The facts were that in August, 1965 the appellant entered that employment of an education authority as a teacher qualified by certification in March 1969 the Education Committee, t..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. ......tion 42 the Specific Relief Act which runs thus: ''Any person entitled to any legal character or to any right as to any property, main institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make......odification set out above the appeal is dismissed without any order as to costs. Ed. ......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. ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....d out, but neither this judgment nor any other judgment of this Board affects the question of an appeal on the totally different proceedings that arise when there is a dispute as between the persons claiming compensation involving as it does in this case a different question of title wh......t as are mentioned and modified by this Act. Sub-clause (ii) to clause (b) says, within the prescribed time as given in proviso to sub-clause (iii), any person interested, who has not accepted the assessment made by the Deputy Commissioner, may move the Tribu......for treating the matter as an appeal and dispose it of accordingly. Ed. ......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)
....t, observed that officers-in-charge of prosecution do not seem to realise that section 364 provides for punishment of a specific offence, and is not intended as an indirect method of punishing persons who are suspected but not proved to have committed murder. It was further observed that the...... 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. ......in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ...... 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
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....nt there and he (PW 2) narrated to him the incident in detail and that after hearing about the incident he (PW 1) went to the Meghna Ferry Ghat and heard about the incident in detail from the persons at the Meghna Ferry Ghat and then lodged a written information, with the Sonargaon PS on 4......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. ....... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......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)
.... 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. ......4. Leave was granted to consider the two contentions. One is that PW 1 the informant, PW 2 Gayatri Rani, PW 3 Susanta Sarker, P W 8 Gadadh are all relations of victim Golok Chandra and were highly interested witnesses and their statements in court are also discrepant and, as such, are of no evid......th each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... 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
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....tion 6, Mirpur. It was alleged that the action of the respondent in dividing southern Road No. 1 adjacent to the plots allotted to the petitioners into sub-plots and allotting the same to different persons blocking access from the southern road to the said plots allotted to the petitioners in vi......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ...... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ..Category: Constitutional Law | Date: | Hits: 138
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
.... tied the sari around her neck, beat her with bamboo sticks and went away. She was taken inside a room. After some time she died. When her relatives decided to go to the police station the accused persons along with others came to the house and said that they would compromise the matter. Consequ......as found on the dead body. Third ground was that the prosecution adduced only two alleged eye witnesses PW 4 and PW 5 who were close relations of the deceased and did not adduce any independent disinterested witness although it was possible for the prosecution to examine such witnesses. Fourth g......ismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....and that demand so made having not been attended they assaulted informant and the night guard on duty, that police was informed and the police arrived at the Circuit House and arrested the accused-persons with a bottle of Phensidyl. 3. On lodging of the first information rep......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. ......smissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......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. ..Category: Criminal Law | Date: | Hits: 65
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....o; or ‘shall’ as to the counting of votes by the Presiding Officer in presence of the contesting candidates and their election agents or polling agents as the matter of presence of said persons or one of such persons at the time of counting is predicated by the expression ‘as ma......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......ase is also Reported in: 53 DLR (AD) (2001) 93. ......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
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