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K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
.... were all instance of gross abuse of official position by the petitioner in his capacity of a public servant and as Chairman of the district council. Accordingly, he was convicted and sentenced as stated above and the same was maintained by the High Court on appeal. 4. It is to be noted......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....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)
.... 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
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....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. ......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)
.... the judgment of the Judicial Committee: "It is a sound rule of interpretation to take the words of the statute as they stand and to interpret them ordinarily without any reference to the previous state of the law on the subject of the English law upon which it may be founded; but when it is cont......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 might suffer on..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....wful authority to dispossess the respondent by force. 9. Mr. Attorney-General's contention that .a disputed question of title was raised in the writ and so it was not maintainable, does not state the true issue involved in the writ petition. The issue is not so much the title of the Res&s......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. ..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....bsequent purchasers from Respondents No. 1 and 2 and claim interest in the properties in the suit. The suit has been contested by Respondents No. I and 4 and 7 to 9, who have filed a joint written statement asserting that the power of attorney is genuine and the transfer effected on the strength......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)
....alleged to have been acquired by the said defendants from Jagadayat Mallani, instituted the suit for recovery of possession. 3. The defendants sought to make out a case in their written statement firstly, that there was no remarriage of Jagadaya Malla with Bokhan Malla but she lived ......nbsp; ..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....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. ......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. ..Category: Criminal Law | Date: | Hits: 63
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
.... were taken back unconditionally but the cases of 54 out of the remaining retrenched 99 clerks were not considered at all. So far as the other 45 clerks were concerned, they were reinstated after retrenching a new set of 45 clerks, who were originally Flat clerks and later on appo......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)
....section 5(7) of the Act was published on 9. 4. 64. A reference was made to the Arbitrator on 8. 6. 65. The Supreme Court held that the market value of compensation is to be assessed as the law stated when the properly was acquired, or when the dispute arose, as to the amount of compensation......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)
.... 50 upon the proceedings pending investigation thereunder with reference to the relevant provisions of section 6 of the General Clauses Act. Before doing so we think it will be useful to state briefly the circumstances necessitating the enactment of section 6 of the General Clauses Act......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)
.... taking recourse to the title or preamble of the Act. Lord Halsbury, L. C. in his speech in the case of Powell Vs. The Kempton Park Race Course Company Limited (1899) A. C. 143 at page 157 clearly stated the law in this regard in the following words: "Two propositions are quit......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)
....mely, (1) Supervision of the work of the Field Inspector for verification of applications of weavers; (2) Supervision in respect of distribution of ration cards by the Y. D. Cs and checking up of the statements and returns thereto to apprise J. D. Y. (P & A) of the weekly progress; (3) Attending......xempt from the budget accounting and audit procedures applicable to government departments. These advantages are ensured in case of a public corporation as well. The usual pattern of managing the affairs of a public undertaking is to have an apex body, a governing board, for the purpose. In case..Category: Employment/Service Law | Date: | Hits: 170
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... 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)
....d 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-section (6) says, sections 88 and 91 of the......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)
....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)
....ecution 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. 5. Mr. T. H. Khan, the learned Counsel for the appellants urged that (1) while...... 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)
....Officer at 19-45 hours of 4th March, 1987 and on receipt whereof’ PW 12 started Sonargaon PS Case No. 2 dated 4th March, 1987, is in the eye of law not a first information report but a statement writing by PW 1, who heard from PW 2 about the incident, to the investigating offi......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)
....er 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 evidentiary value. Other is that t...... 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
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