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Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....ved: Syed A.N.M. Nasiruddin, Advocate-on-Record—For the Appellant. M.H. Khandker, Sr. Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Respondent Nos. 1(1)-1(8). Ex-parte-Respondents No. 2 & 3. Civil Appeal No. 4-D of 1969. (From the judgment & Order ......urt trying a miscellaneous proceeding, as is template in Order 21, rule 90 of the Code cannot certainly be considered to be a prop forum for deciding a dispute of this nature which requires elaborate investigation in masters which are not germane to such a miscellaneous proceeding. 67. From all t..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
.... of the order issuing commission, which was rejected by the learned Subordinate Judge on 27-5-75 on the view that the Order issuing commission was made after hearing both the parties and that there was no reason for reconsidering the said order. On 31-5-75, respondent No. ......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
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....e complied with under the terms of the decree, as the possession of the tenant automatically comes to an end with the disappearance of the tenanted hut or room in such a case. A tenancy of a room or apartment in a multistoried building, which is incapable of being used or possessed by the tenant i......e suit premises had become nonexistent and as such the decree had become inexecutable. 3. On 13-4-74 an application was made on behalf of the petitioner in the said Miscellaneous Case for a local investigation without which it was stated in the said application, the decree could not be executed...Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
...., instructed by B. C. Panday, Advocate-on-record—for the Appellants. Md. Yasin, Advocate instructed by Md. A. Aziz, Advocate-on-record—For Respondents Nos. 1-4 & 8. Ex-parte. — Respondents No. 5-7 and 9-13. B. N. Chowdhury, Advocate— U/O XLV, R. 1......nbsp; ..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....which this Act comes into force in any province, district or place to which section 3.1, clause p) of Act XXXI of I860 applies at such date, or when such an offence has been committed in any part of the Province and the Capital of the Federation not being such a district, provin......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)
....heir misuse for alcoholic beverages in conformity of advancing the policy of prohibition among the Muslims. 2. A Bench of the High Court Division on consideration of the rival contentions of the parties allowed the writ petitions and declared the impugned notification invalid. Leave was granted...... lv36 Rules, could it be said that the Government has prescribed a standard of quality for Mritasanjibani Ayurvedic product? Apparently it has not. 14. Standard pre-supposes a norm. Observation, investigation and conclusion are necessary to fix a norm. It requires premeditation. Then again as..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....te-on-Record- For the Appellant. T.H. Khan, Sr. Advocate, with A.KM. Shafiqur Rahman, Advocate, instructed by M. R. Khan, Advocate-on Record—For Respondents No. 1 and 5. Ex-parte—For Respondents No. 2-4 &6-27. Civil Appeal No. 22 of 1975. (From t......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)
....olved: Abdur Rab-1, Advocate on Record—For the appellants. Kazi Shafiuddin, Advocate instructed by A. Rob-II, Advocate-on-Record.—For the Respondent No. 1. Ex parte—Respondents Nos. 2-20. Civil appeal No. 14 of 1974. (From the Judgment...... Trade Union to his employer and also for conducting labour disputes on behalf of the Trade Union, or its member. The Labour Disputes Act, 1965 is an Act in pan materia which provides for the investigation and settlement of labour disputes and for maters connected therewith. Labou..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....se no. 229 of 1970. They were heard and disposed of by one Judgment by a Bench of the High Court Division, which dismissed the revision case at the instance of the .Government and allowed in part that of the owners. The Government, accordingly, preferred petition No. 63 of 1973 to the Appe......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)
.... has been constituted to hear appeals from the judgments of special Tribunals. The appellate jurisdiction which was conferred upon the High Court has been taken away. An aggrieved party may Corns to High Court if at its entire extraordinary writ jurisdiction against the decisio......p; 1973 five persons armed with deadly weapons such as pistol and knives attacked his brother Saiduzzaman while he was in his Fair Price Cloth Shop and brutally murdered him. The police after investigation submitted charge-sheet against the accused en 20. 7. 1974 under Sections 147/14..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....on under the law and was fully operative to make the Act applicable to Paschim Sholashahar. The learned counsel has contended that in order to understand the true meaning and real import of a particular expression occurring in a section of a legislative enactment it is necessary to rea......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)
....- "(i) Case of Mr. Sattar Weaving Factory The noting (2 bales may be allotted') of Mr. Choudhury, does not appear to be regular, since he is not authorised to take any action on the letter of the party addressed Narsingdi Centre, thus Mr. Choudhury has not maintained, office decorum. (ii...... British rule and also liberation of Bangladesh. Its purpose is to enable some industries or social service body to run for the benefit of the public but without the constraint of the parliamentary investigation and criticism to which it would be subject to if it were merely a Government Departmen..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....espondent Nos. 2, 3 & 6. Shamsul Huq Chowdhury, Advocate, instructed by Mr. S.M. Huq, Advocate-on-Record—4, for the Respondent No. 9. Ex parte.—For the Respondent Nos. 1, 4, 5, 7 & 8. Civil Appeal No.10 of 1974. ......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)
....o preventing the respondent tenant from depositing the rent. It is in evidence on record that the plaintiff-appellant asked the respondent-tenant to pay rent to him. Hence there was no failure on the part of the plaintiff-appellant to take step to realise rent from the tenant-respondent. In this con......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)
.... appellants under section 364/34 in the absence of any charge thereunder. 2. The appellants were placed on trial on a charge under section 302/34 of the Bangladesh Penal Code read with part IV (b) of the Schedule to President's Order 8 of 1972 and Article 11(d) of the said order befo...... 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)
.... March, 1987 and as such, this GD in law is a FIR in this case since the investigation officer on receiving information of the incident leading to death of the driver from the members of the patrol party, comprising police personnel(PWs 4, 6 and 8) attached to Sonargaon PS, on Dhaka-Chittagong Hi......aid written information from PW 1 Sub-inspector (PW 12) attached to Sonargaon PS started Sonargaon PS case No. 2 dated 4-3-l987 under sections 302, 326 and 307 the Penal Code and upon completion of investigation he submitted prosecution report against the condemned prisoner under sections 326 and..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
....quarrel and in the heat of passion accused gave blows on the chest of the victim without any guilty intention to cause death and thus they committed culpable homicide not amounting to murder under part II of section 304 of the Penal Code. …………………&h...... 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
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....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 Zahir Senior ......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
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....st which might have disappeared by the time the postmortem examination was done. On the question of PW 4 and PW 5 being daughter-in-law and minor son of Asia, the High Court Division observed that partisan witnesses did not necessarily be held to be unreliable; rather relationship is the guarant...... station on 17-4-90. Inquest of the dead body was held on that date at 5-00 PM. Thereafter, the dead body was sent to the morgue and a medical board held autopsy of the dead body on 1 8-4-90. After investigation police submitted charge sheet against accused petitioner Abdul Khaleque and his brot..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ...... lodging of the first information report three separate cases were started viz, under the Penal Code, under the Narcotics Control Act, 1990 and under the Special Powers Act, 1974. On completion of investigation the investigating agency submitted three separate prosecution reports in the said thr..Category: Criminal Law | Date: | Hits: 65