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Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....lip;………………………… Respondent Judgment December 14th, 1995 Cases Referred to- Abdus Salam Master vs. State, 35 DLR 140; Abdus Salam Master vs. State, 36 DLR (AD) 58; Abdur Razzaque vs. State, 35 DLR ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Ismailuddin Sarker J Yusuf A Hassan.......................................... Appellant Vs. KM Rezaul Firdous………………………......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ..Category: Criminal Law | Date: | Hits: 60
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....e Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Moudud Ahmed…………………..Petitioner Vs. State……………………………………Respondent. Judgment November 2nd, 1995 Lawy......ppellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Moudud Ahmed…………………..Petitioner Vs. State……………………………………Respondent. Judgment November 2nd, 1995 ......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
.... term is ‘bhoromon bhata ” The concept of “travelling allowance” can be appreciated from the different’ Service rules of the Government, Semi-Government, Autonomous Organisations of the State. Under Chapter II, Part I, of Bangladesh Service Rules (BSR) in Rules 5(57) the term has been ...... Md. Ismailuddin Sarker J Government of Peoples Republic of Bangladesh represented by the Secretary Ministry of Labour and Manpower. Bangladesh Secretariat Dhaka……………… Appellant Vs. Hasan Movies Ltd. and others……………………Respondents Result: The appeal is......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ..Category: Labour and Industrial Law | Date: | Hits: 130
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....;……………….Respondents Judgment June 5th, 1995. Case Referred To: The Moorcock, (1886-90) All ER Rep. 530 and Koduri Krishnarao vs. State of Andhra Pradesh, AIR 1962 (Andhra Pradesh) 249. Lawyers Involved: Syed Ishti......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......……………………. Appellant (In Civil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 1993) Vs. Bangladesh T & T Board & ors........... Respondents (In Civil Appeal No. 73 of 1992......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ellate Division (Criminal) Present: Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdul Wadud………………………………………….Appellant Vs. State ………………………………………………………..Respondent Judgment A...... Appellate Division (Criminal) Present: Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdul Wadud………………………………………….Appellant Vs. State ………………………………………………………..Respondent Judgme......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...Category: Criminal Law | Date: | Hits: 75
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ...... Present: Maksum al-Hakim J TH Khan J Basiruddin Sarkar................Appellant Vs. Jasimuddin Sarkar and others............Respondents Judgement August 2......akshmana and ors. vs. Tangirala Venkateswarla 2 DLR (PC) 83; Durga Prasad and another vs. Ghanshiam Das and others AIR 1948 (PC) 210; Robins vs. National Trust Company Ltd. and others 1927 AC 515; Muhammad Wall Khan vs. Muhammad Mohiuddin Khan and others 24 CWN 321; Shukrullah and others vs. Mst......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....bdul Gani……………………...Appellant (in Appeal No. 290 of 1967) Taru Mian...............................Appellant Vs. State..................................Respondent (in Appeal No. 362 of 1967) State ......m J Abdul Gani……………………...Appellant (in Appeal No. 290 of 1967) Taru Mian...............................Appellant Vs. State..................................Respondent (in Appeal No. 362 of 1967) ...... 1961 (Dacca) 98; Abdul Bari Sikdar The Crown 7 DLR 457; Md. Hekmatullah vs. The Crown 7 DLR 13; Emperor vs. Anwar Ali AIR 1948 Lah. 27; Lt. Hector Thomas Huntley vs. Emperor AIR 1944 (FC) 66; Noor Muhammad vs. The State 16 DLR (SC) 188 = PLD 1963 (SC) 38; Ghulam Haider vs. The State 9 DLR (WP) 5......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....rgo transportation for life. Ed. ......d. ................. Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino and others PLD 1960 Kar 769: Abdul Latif Crown 4 DLR (FC) 431: Qutba vs. Th...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....Court High Court Division (Criminal Revisional Jurisdiction) Present: A Quasim J Safar Ali and others....... ..................Petitioners Vs State...............Opposite Party Judgment August 13th, 1970. &nbs......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....uilding for term of 9 years. He also found that the recitals in the lease deed were colourable. Consequently, it was void being in contravention of the provisions of section 75A of the East Bengal State Acquisition and Tenancy Act, 1951. The learned Munsif thus found that the plaintiff was compl......nfirmed. Ed. ...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... to- Panchanan Sarkar vs. Emperor, AIR 1930 Cal. 666; Lakshminarayan and others vs. Suryanarayan, AIR 1932 Mad. 502; Emperor vs. Asghar and others 37 ALJ 337; Chhadamila Jain and others vs. State of Uttar Pradesh and another AIR I960 SC (India) 41. Lawyers Involved: Md. Jamir...... Presents: Abdullah Jabir J TH Khan J Abul Hossain and Abul Md.............Petitioner Vs. Amatu Md............................Opposite Party Judgment November 9th...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....nbsp; TH Khan J.- This revisional application arises out of a pre-emption proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act, 1951, for pre-emption of 1.49 acres of lands out of CS plot Nos.......d. ......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....; Kasiruddin Sarkar @ Kasiruddin Fakir.................Appellant Vs. The State....................................................Respondent Judgment &nb......nbsp; Kasiruddin Sarkar @ Kasiruddin Fakir.................Appellant Vs. The State....................................................Respondent Judgment......l have to be treated as one of no evidence and the conviction and the sentence will in that case have to be quashed." A similar view was taken by the Federal Court in the case of Muhammad Siddiq vs. The Crown 8 DLR (FC) 56 and has also been taken by their Lordships of the Supre......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 124
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
.... and he is acquitted of the charge. Ed. ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
.... Nanda J. in the case of Gulabrao Laxmanrao Chandgude vs. Emperor AIR 1935 Bom. 409. So also are the observations of Das Gupta and PN Mukherjee, JJ. in the case of Prasanta Kumar Mukherjee vs. The State AIR 1952 Cal. 91. In the same away the order of the Additional Deputy Commissioner (Revenue)...... Presents: Maksum-ul-Hakim J Fazle Munim J Abdul Hamid Howlader and others.....Petitioners Vs. Province of East Pakistan ..............Respondents Judgment &n......ould be in aid of injustice, then the Court has discretion to refuse to pass that order. (See the observation of Kaikaus, J. while delivering the judgment of the Supreme Court in the case of Tufail Muhammad and others vs. Raja Muhammad Ziaullah Khan and another 17 DLR (SC) 325; PLD 1965 (SC) 269.......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..Category: Property Law | Date: | Hits: 81
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......urisdiction Presents: Maksum-ul-Hakim J Fazle Munim J. SK Shamsul Huda.....................Appellant Vs. EPWAPDA.............................Respondent Judgment August 26th, 1970......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Golam Kader Vs. State, 1972, 1 CLC (HCD)
.... H Rahman J TH Khan J. Golam Kader......................Appellant Vs State………………………..Respondent J......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....sional Jurisdiction Present: Habibur Rahman J. Syed Idris alias Idris Mir and others................ Petitioners Vs. State…......................Opposite Party Judgment &nbs......Criminal Revisional Jurisdiction Present: Habibur Rahman J. Syed Idris alias Idris Mir and others................ Petitioners Vs. State…......................Opposite Party Judgment &nb......dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ......dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 82
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ome Tax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: Nagina Silk Mills Ltd 15 DLR (SC) 181; PLD 1963 (SC) 322; the Secretary of State for India in Council vs. Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. La......latpur Jute Mills Ltd.........Petitioner Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106