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Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....al (1960) U DLR 634 ; Debt Prasad Chow-dhary Vs. Gopal Bhagat, ILR 40 Cal. 721 (771); (M's. Amin Jute Mills Ltd. Vs. Bangladesh, (1977) 39 DLR (SC) 85; Powell Vs. Kernpton Park Race Course Company, (1899) A.C. 143; Attorney General Vs. Prince Ernest Augustus, (1957) AC 436; Matangini Gupta R......heme of inheritance yet. The preservation of the family entity appears to have been the main concern of the early exponents of law and the law of primogeniture seems to have held sway in the early stages. Subsequently ancestral property was regarded as a sort of corporate property of the agnatic......nbsp; ..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
.... rigorous imprisonment under article 7 of the President's Order No. 50 of 1972. The appellants preferred an appeal against their conviction and sentence to the High Court Division without any success. Thereafter they have come on appeal before this Court on special leave. 3. Mr.......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. ......60 applies at such date, or when such an offence has been committed in any part of the Province and the Capital of the Federation not being such a district, province or place, no proceeding will be instituted against any person in respect of such offence without the previous s..Category: Criminal Law | Date: | Hits: 63
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
.... appeal by special leave is against a judgment of a Bench of the Dacca High Court, setting aside an order of the Labour Court, on an application made by Respondent No. 1, and incorporated Company engaged in carrying passengers and cargoes by steamers, under Article 98 of the then Const......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. ...... by serving notice of retrenchment to be effective from the 1st of December, 1966. Respondent No. 2, the Employees Union, being dissatisfied with this decision of the Company initiated conciliation proceedings but, the same having failed, instituted a labour dispute case under section 6 and ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
.... property on the proposal of the Deputy Commissioner in the manner provided in the section. Sub-section 5(1 a) says, that the Deputy Commissioner shall if he considers, the acquisition of any requisitioned property is expedient for a public purpose, he may cause a public notice to be gi....... We therefore find that section 5 provides a body of rules for the acquisition of a requisitioned property. A requisitioned property before it stands acquired is to pass through various stages as set out in different sub-sections of section 5. Under sub-sections (1) and (1a), the pro&......before its amendment, the acquisition of the property will take place. His principal ground for this submission is that both under sections 5 and 5B, there are provisions for starting simultaneous proceeding for assessment of compensation, and for payment of advance compensation. The c..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....cases under the repealed statute namely P. O. 50. The High Court Division did not uphold that contention. The High Court Division has held that by virtue of section 6(e) of the General Clauses Act any investigation or legal proceeding started under the repealed statue would not be affected by th......ed. With regard to the first point it was held by the Appellate Division that the order of detention passed by the Sub-Divisional Magistrate was an administrative order which was passed during the stage of enquiry or investigation by any police officer designated for that purpose, so the said or......ir prayer for bail was rejected, both by the Sub-Divisional Magistrate as well as by the Sessions Judge, Barisal. 3. The accused moved the High Court Division for quashing the aforesaid proceeding on the ground that after repeal of P. O. 50 by the Act on 9. 2. 1974, the instant case ..Category: Criminal Law | Date: | Hits: 113
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....Lall 75 Ind. App. 225 = AIR 1948 PC 121; State of Orissa Vs. Dr. (Miss) Binapani Dei, AIR 1967 SC 1269; 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. ......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. ......of genuine weavers for allotment of yarn. The respondent was placed under suspension with immediate effect on charges of misconduct and corruption by a memo dated 4-11-72 and was informed that formal proceedings were being drawn up against him. The charges were formally communicated by a memo 13-1..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
..... 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. His Majesty's Post Master General, (1913) A.C. 546 (H.L.); Secretary of State ......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. ......ny person interested, who has not accepted the assessment made by the Deputy Commissioner, may move the Tribunal to determine the matter; sub-clause (c) says, at the commencement of the proceeding the respective parties shall state their opinion, what the fair compensation is. Sub-se..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....ence 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/......ment of certain dispute over land. Jalil thereafter did not return home. Later his dead body was recovered and sent for post-mortem examination. As the dead body was found in an advanced stage of decomposition the doctor could give no opinion as to the cause of death. Nevertheless, Aka...... 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)
....is rifle which was given to him by the Government for the purpose of maintenance of law and order” and that the driver was done to death for not meeting the illegal demand and “without any provocation whatsoever” and that “if the death penalty is imposed in this kind of h......g towards that bank of the river to go on the highway then the condemned prisoner, the Ansar on stopped the bus and thereupon there was altercations between the driver and the Ansar and that at one stage while the driver tried. to proceed forward that annoyed the condemned prisoner Chan Mia, the...... ferry at about 1-45 hours of the night of 3rd and 4th March, 1987 that at 2-00 hours of the night of 3rd and 4th March, 1987 while the bus came on the shore of the river leaving the ferry and was proceeding towards that bank of the river to go on the highway then the condemned prisoner, the Ans..Category: Criminal Law | Date: | Hits: 74
Habibur Rahman Howlader Vs. State and another, 2001, 30 CLC (AD)
....uch, there was no valid ground for quashing the proceeding under section 138 of the Negotiable Instruments (Amendment) Act, 1994. Mr. AJ Mohammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case ......ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ......he Negotiable Instruments (Amendment) Act, 1994, Section 138 Since a legal notice was served within fifteen days of information of return of the cheques, there was no valid ground for quashing the proceeding. Lawyers Involved: AJ Mohammed Ali, Senior Advocate, instructed by Md. Nawab Ali, A..Category: Business or Commercial Law | Date: | Hits: 117
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. ......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. ......said three cases. 4. In the aforesaid background of the facts, petitioner moved the High Court Division under section 561A of the Code of Criminal Procedure for quashing of the proceedings of the cases contending amongst others, that out of single transaction starting of thr..Category: Criminal Law | Date: | Hits: 65
Shahanara Khatun and other Vs. Abu Taleb Pramanik and others, 2001, 30 CLC (AD)
....continue in unauthorised possession of the suit premises. 3. Mr. Akram Hossain Amin, the learned Advocate-on-Record appearing for the defendant- Petitioners could not point out any illegality in the impugned judgment. Accordingly, the petition is dismisse......ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ...... 14, 2001. The Constitution of Bangladesh, 1972, Article 103 The miscellaneous case was filed to delay the disposal of execution proceedings and to continue unauthorised possession so there is no illegality in the impugned judgm..Category: Property Law | Date: | Hits: 51
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
...., 1994 has given wider power to the Court under section 233 for the protection of the interest of the minority share holders. The High Court Division passing the order directing the respondent company to take necessary action to conduct the company’s affairs in the manner prescribed in the...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ......ing of bank account or accounts and to operate. The article also provides power to bon money from the banks or other agencies by way of loans overdraft, cash facilities, etc. BSRS appearing in the proceeding asserted that the amendments made were approved and the amendments are valid under the l..Category: Business or Commercial Law | Date: | Hits: 95
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....laza on 4-12-99 Customs Intelligence Officer seized the goods on the way near Sundarban Hotel at about 10-30 PM and started departmental proceeding treating the goods as smuggled goods, but without any first information report or GD entry to the police station. 3. The case of......issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ...... Uttara to the writ petitioner’s said shop at Eastern Plaza on 4-12-99 Customs Intelligence Officer seized the goods on the way near Sundarban Hotel at about 10-30 PM and started departmental proceeding treating the goods as smuggled goods, but without any first information report or GD ent..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... 10, 1996. The Code of Civil Procedure, 1908 (V of 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 contr...... 1996. The Code of Civil Procedure, 1908 (V of 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 controver...... The Code of Civil Procedure, 1908 (V of 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 t..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
...., 1991 for his removal from the present post and position i.e. Chairman of the bank, on the basis of an ex parte report prepared in gross violation of the principles of natural justice and without any recommendation of the Standing Committee as required under section 47 of the said Act. It is th......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......which were Annexed as Annexures ‘A’ to ‘C’ issued by the present petitioners and a Rule was issued asking the petitioners to show cause as to why the aforesaid Memos and the proceeding initiated under section 46 of the Bank Companies Act, 1991 shall not be declared to have..Category: Business or Commercial Law | Date: | Hits: 131
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
.... The Code of Criminal Procedure, 1898 (V of 1898), Sections 145 & 561A Order of the Civil Court was passed earlier regarding disputed property so there could not be any proceeding under section 145 of the Code of Criminal Procedure in respect of the same property......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ...... The Code of Criminal Procedure, 1898 (V of 1898), Sections 145 & 561A Order of the Civil Court was passed earlier regarding disputed property so there could not be any proceeding under section 145 of the Code of Criminal Procedure in respect of the same property&hell..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
....ale dated 12-5-1975 by defendant Nos. 1 to 8 in favour of defendant No. 9 in respect of certain property mentioned in schedule “C” of the plaint was false, fraudulent, collusive without any consideration and void and to have those deeds delivered up for cancellation. The said suit wa...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......ed there under would have been made absolute. 6. We are in agreement with submission made on behalf of the appellant that the learned Judge of the High Court Division erred in proceeding on the basis that on account of non-substitution of only one plaintiff-appellant No. 1(K..Category: Property Law | Date: | Hits: 46
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....to prove the ingredients of an offence under section 9(Ka) of the said Ain, although no charge was framed under that section and whether the appellants were prejudiced at the trial for not framing any charge. 10. We will now confine ourselves only to the question as to wheth......ction 237 of the Code of Criminal Procedure, a conviction can legally be sustained in a case of such nature. Further, the accused persons raised no objection on the score of defect in charge at no stage of the trial: The objection having been raised for the first time in the Appellate Division i......ely to be prejudiced in a particular case depends upon the particular facts of that case. 17. In the case of Nadir Shah vs. State, 1980 SCMR 402 it was held that errors or omissions in proceedings in stating the charge or omission in such behalf is not material unless the accused, in..Category: Criminal Law | Date: | Hits: 72
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
.... found the dead body of his brother. In the first information report it was further stated that the deceased Humayun Kabir returned to Bangladesh on 13-11-1999 and he had no business or enmity with anybody in Bangladesh but the deceased earlier informed his brother that he had some misunderstandi......accused-respondent, submits that there is no eye-witness of the occurrence and the chance of false implication cannot be a1togethe ruled out in this particular case. 7. At this stage we are only considering the question of bail and, as such, we should confine ourselves only ......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ..Category: Criminal Law | Date: | Hits: 68
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