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Mosharraf Hossain Vs. Bangladesh Jute In­dustries Corporation and others, 1977, 6 CLC (AD)

....hellip;……………………………………………………..Petitioner. Vs. Bangladesh Jute In­dustries Corporation and others……………&hell......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ...... Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by S.M. Huq. Advocate-on-Record.—For petitioner. Not represented—For the Respondents. Civil Petition for Special Leave to Appeal No.57 of 1977. (From the Judgment and Order dated the 28th Jan......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 107

Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chow­dhury and others, 1977, 6 CLC (AD)

....Second Appeal which was preferred by the petitioner to the Dacca High Court against the appellate decree mentioned above. The Second Appeal was dismissed the High Court Division of the Supreme Com of Bangladesh on 8-1-74. When after the disposal of the Second Appeal, the proceeding the execution cas......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......ker, Senior Advocate — For the Petitioner. Mian Abdul Gafur, Advocate, instructed by B.C. Pandey, Advocate-on-Record. Md. A. Aziz, Advocate-on-Record— For the Respondents. Civil Petition for Special Leave to Appeal No. 36 of 1977. (From the Judgment and Order dated 7-1-77 passed by t......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ..

Category: Tenancy Law | Date: | Hits: 89

Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)

....of Dacca High Court also has adopted the same reasoning in the judgment under appeal before us. 63. This Court had to examine in one of its recent decisions, Messers Amin Jute Mill Ltd vs. Bangladesh in the relative role of the preamble of an enactment in the interpretation of its enacti......nbsp;                                 ...... Keri Kolitani, LR 7 IA 115: ILR 5 Cal. 776; 19 WR 367—13 BLR 1 (FB). Lawyers Involved: Md. Golam Rabbani, Advocate, instructed by B. C. Panday, Advocate-on-record—for the Appellants. Md. Yasin, Advocate instructed by Md. A. Aziz, Advocate-on-record—......nbsp;                                 ..

Category: Property Law | Date: | Hits: 59

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

....w was not vitiated for want of any previous sanction of the Dis­trict Magistrate under section 29 of the Arms Act as the 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 d......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. ......der dated 24-06-74 passed by the High Court Division in Criminal Appeal No. 297 of 1973) Judgment     Ahsanuddin Choudhury J.- In this appeal by special leave the point for consideration is whether the trial held against the appellants for an offence under Article 2(......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

Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)

....r 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. ......ndeswari Aushadhalaya………...Respondent (In Appeal No. 13 of 1975) M/s. Sakti Aushadhalaya (P) Ltd………………………………Respondent (In Appeal No. 24 of 1976) Mr. M.A. Quddus for M/s. Ayurvedic Kutir .......Respondent (In Appeal No. 25 of 1975) Judgment February 2, 1......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

Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)

....14 and 15 as members of the Union Parishad of the said Union. 6. Mr. Khondkar Mahbubuddin Ahmed, learned Counsel appearing on behalf of the appellant has submitted that having regard to the Bangladesh, Union Parishad and Paura­shava (Election) Rules, 1973 the election of a person to a......pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal.  Ed. ......hy;tution by which a judgment of the Election Tribunal declaring the election of the appellant as Chairman of the Union Parishad void at the instance of Respondent No. 1, who was a con­testant for the office of the Vice-Chairman of the said Parishad. 2. The facts relevant for the purp......pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal.  Ed. ..

Category: Others | Date: | Hits: 141

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. ......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. ......ent No. 1, and incorporated Com­pany engaged in carrying passengers and car­goes by steamers, under Article 98 of the then Constitution of Pakistan, 1962. 2. The appellants who were formerly employees of the Respondent Company were retrenched by the Respondent Company in pursuance......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)

.... Supreme Court Appellate Division (Civil) Present: Syed A. B. Mahmud Husain CJ Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul K......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. ...... the given date of acquisi­tion was of the notice under section 93A (4) (a) or gazette notification under section 93A 4(h). 3. The Deputy Commissioner of Dacca assessed the compensation for the Chala land at the rate of Rs. 3,500/-per acre, and Rs. 2,800/- per acre for the Nal land. 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. ..

Category: Property Law | Date: | Hits: 70

Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)

....rate or Special Tribunal as contemplated under sec­tion 36(2)(b) of the Act In support of his argument the learned counsel relied upon a decision of Appellate Division in the case of solicitor. Bangladesh Vs. A T. Mridha reported in 26 D.L.R. 17 to show that a case which was pending with the......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. ......975 passed by the High Court Division in Criminal Revision Case No.1871 of 1974). Judgment:      Ahsanuddin Choudhnry J: In this appeal by special leave the point for consideration is: Whether the G. R. Case No. 255 of 1973, pending in the Court of the Su......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)

....llip;…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 Judgment Ma......rs Chittagong Jute Manufacturing Co. Ltd. Vs. Province of East Pakistan in P.L.D. 1966 Dacca 117; Jennings Vs. Kelly 1940 A.C. 206 same case (1939) All. E.R. 464; Vacher and Sons Ltd. Vs. London Society of Com­positors 1913 A.C 107; Powell Vs. The Kempton Park Race Course Company Limited (......le 98 of the then Constitution of Pakistan by which certain notices issued by Respondent No. 2, the Assessing Officer, ask­ing the said Companies to furnish returns in respect of their holdings for the purpose of im­position of tax under the East Pakistan Urban Immovable Property Tax Act,......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

Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)

....;…………………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh and ors. ..............   Respondents (In C. P. No. 4/77) Judgment ...... 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. ......Advocate-on-Record—For the Respondent No. I. Khandker Mahbubuddin Ahmed, Advocate, instructed by Md. Shafiqur Rahman, Advocate— For the Respondent Nos. 2-7. Civil petition for special leave to appeal Nos. 3 and 4 of 1977.  (From the Judgment and order date...... 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)

....: 29 DLR (SC) 41. ......aif Ullah Shah, 12 DLR (SC) 108 =PLD 1959 (SC) 310; Faiz Ahmed Vs. Registrar, Co-operative Societies, West Pakistan= 14 DLR (SC) 183 = PLD 1962 (SC) 315; Managing Committee of Co-operative Model Town Society Ltd. Vs. Kh. Mohammad Iqbal (1963) 15 DLR (SC) 116 —PLD 1963 (SC) 179; Zainul Abedin Vs. ...... Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Barber vs. Manchester Region......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)

....dent No. 1 who was an employee of a (The Appeal is being reported later on) statutory Corporation was governed by the law of Master and Servant, and whether in absence of any rule framed under the Bangladesh Bank (Nationalisation) Order, 1972 (President's Order No. 26 of 1972), the suit maintain......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. ......p;  Mahmud Husain C J: This appeal by special leave is against a judgment of a Single Judge of the High Court Division passed in Civil Revision. 2. Respondent No. 1. filed a title suit for declaration that the order dismissing him as Grade-II Officer (2nd officer) in Janata Bank, Mun......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)

.... The Writ Bench of the High Court Division found that all the detention orders had been made with a view to preventing the detenu from acting in a manner prejudicial to the security or interest of Bangladesh or the public safety or the maintenance of law and order." 3. It was conten...... 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. ...... Khan, Deputy Attorney General instructed by Abu Backkar, Advocate-on-Record —For the Petitioner. Miah Abdul Gafur, Advocate (on permission) —For the Respondent. Petition for Special Leave to Appeal No. 55 of 1976. (From the judgment and decree dated 24th March,...... 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)

.... Appellate Division (Civil) Present: Syed A.B. Mahmud Hussain C J Ahsanuddin Chowdhury J  Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and......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. ......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 for India vs. Chelikani Rama Rao, L. R. 43 LA. 192 same case I.L.R. 39 Mad. 617 same case 20 C.W.N......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)

....cle 11(d) of the said order before the Spe­cial Tribunal No. 2, Chittagong. The Tribunal by its judgment and order dated: 9th August, 1972 convicted the appellants under section 364/3|4 of the Bangladesh Penal Code read with Part II of the Schedule to the aforesaid President's Order 8 of 197...... 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. ......­ted 19th June, 1975 passed by the High Court Division in Criminal Appeal No. 53 of 1975) Judgment:    Ahsanuddin Chowdhury J: In this appeal by special leave, the point for consideration is (i) whether an offence under section 364 is cognate to an offence Under sectio...... 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)

....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. ......                              Md. Ruhul Amin J.- This is an application for leave to appeal from jail by the condemned prisoner whose sentence of death that was awarded by......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)

....                          Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Dhaka...... ............Petition......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. ......   The Constitution of Bangladesh, 1972, Article 102   When the Tribunal case was disposed of on merit without preferring an appeal with the appropriate forum i.e. the Administrative Appellate Tribunal, writ petition before the High Court Division is ......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

Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)

....   Md. Golam Rabbani J   Md. Ruhul Amin J   Ziauddin Ahmed and others..............Appellants   Vs.   Arab Bangladesh Bank and others.............Respondents    Judgment &nbs......nction in the present case.   Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ...... Miscellaneous Appeal No. 221 of 1995 reversing the judgment and order dated 8-7-1995 passed by the Subordinate Judge. First Court, Comilla in Title Suit No. 4 of 1995 arising out of an application for temporary injunction.   2. The appellants as plaintiffs filed Title Suit No......nction in the present case.   Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ..

Category: Civil Law | Date: | Hits: 112

Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)

.... 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. The......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. ......ishing light or air of the petitioner by creation of sub-plots and allotment of the same to others. Further, the allottees of the plots had not been impleaded in the two Rules and so those are bad for defect of parties…………(3) Lawyers Involved: Dr. M......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