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Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)

....nt: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hosain J Debesh Chandra Bhattacharya J Fazle Munim J Md. Abdur Rahim Mondal............Appellant Vs. The State................. Respondent Judgment April 21, 1977. Result: The appeal is dism......l) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hosain J Debesh Chandra Bhattacharya J Fazle Munim J Md. Abdur Rahim Mondal............Appellant Vs. The State................. Respondent Judgment April 21, 1977. Result: The ap......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)

....ssion of these authorities is not called for. However, we would like to mention some of them. We think that the best enunciation of the principle is to be found in the case of G.A, Montario vs. The State of Ajmir, by the Su­preme Court of India, reported in A.I.R. 1957 (S.C.) 113. The other ......ud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Mansur Ali............................. Appellant Vs. Bangladesh and another............... Respondent Judgment    ...... 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

Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)

....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. ......ourt Appellate Division (Civil) Present: A.M. Sayem CJ Mu­hammad Abdullah Jabir J Ahsanuddin Choudhury J Abdur Rahim Afroze.......................................Appellant Vs. B. C. Aga and Co. Ltd. and others…………………… Respondents Judgment Februar...... under section 8(1)(c) by calling upon the arbitrators within the statutory time to appoint an umpire. Similar view was taken in Modern Builders vs. Hukmatri (A. I. R. 1967 Bom. 373), In Raja Mia vs. Muhammad Eassack (23 D.L.R. Dacca 104) a question arose as to the effect of non-appointment of an um......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)

....tances into consideration. The right sentence is to be determined by the nature of criminal intent and the manner of perpetration of the crime…….(9 and 10) Cases Referred to- Ali Ahmed vs. State (1962) 14 DLR (SC) 81 (86) = PLR 1962 (SC) 102 (106); Hari Vishnu vs. Ahmed Ishaque AIR 1955 (......Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Yusuf Sk. alias Sk Abu Yusuf.................................Appellant. Vs. Appellate Tribu­nal and another............................... Respondent. Judgment A......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)

....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. ......risdiction (Civil) Present: AB Mahmud Husain CJ Ahsanuddin Choudhury J Debesh Chandra Bhattacharya J Fazle Munim J Punjab Ali Pramanik and others.................Appellants. Vs. Mohd. Mokarram Hossain... ……………….Respondents Judgment March 4, 1976. Re......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)

....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. ......azle Munim J Bangladesh and another……………………………………………Petitioners. Vs. M/S.  A. T. J. Industries Ltd. and others................. Respondents Judgm......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. ......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)

....t any reciprocal arrangement between the two Governments in this regard. He has laid stress on what is said to   be the governing principle in Public International Law, which is that one State cannot take measure on the territory of another State by enforcement of its national laws wit......Chowdhury J D.C. Bhattacharya J             Kumar Ram Narain Roy Chowdhury & anr....................Appellants Vs. Sonatannessa Bibi & ors.......................................... Respondents ......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)

....e provision. In the preamble generally certain facts are recited, which are the immediate occasion of the enactment. For its correct understanding, the contemporaneous social conditions and State of law as well as the mischief which sought to be remedied may be taken note  &nbs......bsp;            Nurun Nabi Mondal and others………………………..Appellants Vs. Joynal Abedin Khondkar & ors ………………&hellip......nbsp;                                 ......nbsp;                                 ..

Category: Property Law | Date: | Hits: 59

Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)

....ury J Kemaluddin Hossain J D. C. Bhattachary J        Ashraf Ali Sikdar and another........................Appellant. Vs. The State........................ Respondent Judgment       &n......sanuddin Choudhury J Kemaluddin Hossain J D. C. Bhattachary J        Ashraf Ali Sikdar and another........................Appellant. Vs. The State........................ Respondent Judgment    &nbs......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)

....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. ...... (Civil) Present: Syed A.B. Mahmud Hussain CJ Debesh Chandra Bhattacharya J Fazle Munim J Mohiuddin Khan and others......................Appellants. Vs. Pakistan River Steamer Ltd. and others. ...Respondents Judgment January ......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

Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)

....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. ......yed A. B. Mahmud Husain CJ Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul Khaleque and ors.................................. Respondents. (In C. A.......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)

....nuddin   Choudhury J Kemaluddin Hosain J D.C. Bhattacharya J Fazle Mumin J Akhtar Hossain Khan & others .................Appellants. Vs. The State..............................................Respondent Judgment August 26, 19......C J Ahsanuddin   Choudhury J Kemaluddin Hosain J D.C. Bhattacharya J Fazle Mumin J Akhtar Hossain Khan & others .................Appellants. Vs. The State..............................................Respondent Judgment ......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. ......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)

....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. ......………Appellant (In Appeal No. 6 of 1972).  M/s Carpet Allied Products Ltd………………. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgmen......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. ......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)

....80, Life Insurance Cor­poration of India vs. Sunil Kumar Mukherjee, AIR 1964 SC 849; Rathaur vs. Divisional Manager Life Insurance Corporation of India, AIR 1961 All 502; Rangachari Vs. Secretary of State, AIR 1937 PC 27; Venkata Rao Vs. Secretary of State, AIR 1937 PC 31 ; Kruse Vs. Johnon, (189......sent: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Bangladesh Small Industries Corpora­tion, Dacca..............Appellant Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: T......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

Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)

....Collector of Rangoon, 39 IA 197—ILR 40 Cal. 13 (PC); Sand Back Charity Trustees Vs. N.S. Railway Co., 1897 (3) 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........ Mahmud Hussain C J Ahsanuddin Chowdhury J  Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. ......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)

....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 transaction between the appellant and ...... 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. ......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)

.... J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Hafez Abul Khair and another................................. Appellants Vs. The State……………………………&hellip......anuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Hafez Abul Khair and another................................. Appellants Vs. The State………………………&hell...... 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)

.... Md. Ruhul Amin J   Md. Fazlul Karim .J   Ansar (Md) Chan Mia.........................................Petitioner   Vs.   State....................................................Respondent     &nb......bsp;   Md. Ruhul Amin J   Md. Fazlul Karim .J   Ansar (Md) Chan Mia.........................................Petitioner   Vs.   State....................................................Respondent &n......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

Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)

....sp;             Nibir Chandra Chowdhury and others..................... Appellants   Vs.   State......................Respondent   Judgment   August 8 20......bsp;                 Nibir Chandra Chowdhury and others..................... Appellants   Vs.   State......................Respondent   Judgment ...... 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. ...... 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

Habibur Rahman Howlader Vs. State and another, 2001, 30 CLC (AD)

....ivision (Criminal) Present: Latifur Rahman CJ  Mahmudul Amin Choudhury J   Kazi Ebadul Hoque J Habibur Rahman Howlader...................Petitioner  Vs. State and another..................... Respondents Judgment November 7, 2000.  Result......llate Division (Criminal) Present: Latifur Rahman CJ  Mahmudul Amin Choudhury J   Kazi Ebadul Hoque J Habibur Rahman Howlader...................Petitioner  Vs. State and another..................... Respondents Judgment November 7, 2000.  ......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.  ......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.  ..

Category: Business or Commercial Law | Date: | Hits: 117