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Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....ant 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 th......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. ......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)
....gainst the Chittaranjan Cotton Mills Limited, Martial Law Order No. 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 t...... 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. ...... 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
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... of the Indian Constitution challenging the validity of an Ordinance and an Act of the Parliament which subsequently replaced the Ordinance under which a set of Directors were appointed by the Bombay Government in place of the Directors of the Company, for the purpose of taking over the management a......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. ......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
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....e 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&......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......itself into a private limited company, and from 1959 till dispossession, the company made many constructions, ran the factory and held various correspondences with the Government and paid many dues, including those of the land. The dispute, if at all, is a fine question of law, as to w..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....dinate Judge had no jurisdiction to make an order issuing a direct and open commission for examination of witnesses living in India in the absence of a reciprocal arrangement between the Governments of India and Bangladesh in respect of such examination of witnesses and that as such th......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. ......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)
....ment in the interpretation of its enacting provisions, while construing the provision of section 1 (2) of The East Pakistan Urban Immovable Property Tax Act, 1937, which authorises the Government to extend the Act to such other areas as may be notified in the Official Gavette. It wa......nbsp; ......nbsp; ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....he instance of Bangladesh, the appellant, to consider the following points: (1) Whether the High Court Division correctly interpreted s. 86(2) of the Excise Act which expressly empowers the Government, amongst others, to fix the spirit strength of medicinal preparation which is liquor wi......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....0/- per acre, applying the rule of two years’ average available under Ordinance No. Ill of 1965 promulgated on 22. 3. 65 but made retrospective with effect from 15.8. 63. 6. Both the Government and the owners preferred an appeal, and a revision to the High Court of East Pakistan. T......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. ......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)
....ntention can not be gathered from the new statute." 16. The learned counsel for the appellant on the other hand, referred to the case of public prosecutor, Government of Pandechary Vs. Abdul Aziz Khan reported in A.I.R. 1 n Mad. 311 to show that in respe......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. ......reliance also on the case of Qudrutullah vs. Bareilly Municipality reported in A.LR. 1974 (S.C.).396. The facts are that the defendant-appellants had for several years been collecting 'Tahabazari' dues from a market Patelganj under contracts from the Municipal Board, the last of which according ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
.... and such other areas in East Pakistan as may be notified in the Official Gazette and shall be deemed to have come in these areas from the first day of April, 1957. (3) The Provincial Government may by notification in the Official Gazette, extend this Act to such other areas in Eas......as been given the authority to assess and realise the said tax in non-municipal areas. Rule 4 of this Chapter provides that the annual letting value of a holding shall be deemed to be gross annual rental at which, the holding may reasonably be expected to let, regard may be had to the rent of th......n generally provided that such tax will be assessed and collected in the prescribed manner. Section 8 provides for payment of penalty for default in payment of the tax. Section 9 declares that all dues payable under the Act shall be the first charge upon the defaulting holding as well as the mov..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
....t which sits on Fridays but it had been granted permission to sit on Tuesdays on which day the Noapara hat sits, and this had been done in violation of the instructions contained in the Government Estate Manual and this amounts to the creation of a new hat. A new hat could not be esta...... 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. ...... 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. ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....9; 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. M......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....he learned Single Judge of the High Court Division held that the condition of the service of the respondent No. ; were not governed by the law of Master and Servant and that he is to be treated as Government Servant entitled to the benefits under the Constitution and that he had a legal right to......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. ......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
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
....he Rules of Business which are obviously circuitous. The opinion of the Law Officer namely, the Attorney-General being the basis for further prosecution of any appeal in case of failure of the Government to obtain success in any matter, we are unable to appreciate the rules of business whic...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....in 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. ......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
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....him to vacate the suit premises. It is to be noted here that the impugned order against which the Writ Petition was filed was passed on the ground that the property in question was forfeited to the Government under section 75A of the State Acquisition and Tenancy Act. The Government treated the tr......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....dered. 12. In this connection two other cases of Indian Jurisdiction namely. Akam Sheikh and others Vs. Emperor of A.I.R, 1947 Cal. 35 and Ealaporla Saidulu Vs. Hyderabad Government A.I.R. 1953 Hyd. 249 may also be considered. In the case of Akam Sheikh and others vs. E...... 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. ...... 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)
....r and securing safety of life and property of every citizen who are crossing the river by ferry had taken the life of a young bus driver by firing shot from his 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 d......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. ......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
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....sp; Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Home Af......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. ......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
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
.... Mahmudul Amin Choudhury J Mainur Reza Chowdhury J Syed Abdur Rahim.............................................. Petitioner Vs. Secretary, Ministry of Works, Government of Bangladesh and others...........Respondents Judgment December 7, 2000......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. ......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
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