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Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)

....th  as second appellate court and  a revisional court, except in certain well-defined exceptional circum­stances.  With this observation the petition is dismissed. Ed. ......th  as second appellate court and  a revisional court, except in certain well-defined exceptional circum­stances.  With this observation the petition is dismissed. Ed. ......p;…Respondent Judgment June 30, 1977. Lawyers Involved: Abdur Rahman Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Petitioner. B, Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Special leave to a...... Present: Syed A.B M. Husain CJ Kemaluddin Hussain J D. C. Bhattacharya J Fazle Munim J Fakhruddin Mia and other.........................Petitioners. Vs. Mohammad Khodabaksh Sheikh... ……………Respondent ..

Category: Property Law | Date: | Hits: 44

K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)

....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. ......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. ......etition is dismissed. Ed. ......hmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J K. M. Zaker Hossain................Petitioner Vs. The State.............................Respondent Judgment Feb. 21, 197..

Category: Criminal Law | Date: | Hits: 69

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

....upreme Court Appellate Division (Criminal) 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 Ju......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. ......pril 21, 1977. Result: The appeal is dismissed. Lawyers Involved: Md. Fazlul Karim, Advocate, Supreme Court instructed by B. C. Panday, Advocate-on-Record- For the Appellant. Sultan Hossain Khan, Deputy Attorney Ge­neral with B.B. Roy Chowdhury, Assistant At­torney General instru......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..

Category: Criminal Law | Date: | Hits: 63

Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)

....t Judgment                     February 23, 1977. Lawyers Involved: Md. Ansar Ali, Advocate, instructed by Md. A. Aziz, Advocate-on-Record—For the Appellant. ...... 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. ......ash the proceedings. Ed. ......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    ..

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. ......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. ......Respondents Judgment February 18, 1975. Lawyers Involved: S. R. Pal. Senior Advocate, Supreme Court, instructed by Abdur Rab, (absent) Advocate-on-Record—For the Appellant. Asrarul Hossain, Advocate, Supreme Court, instructed by Abu Backkar. Advocate-on-Record. —For the Responde......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..

Category: Business or Commercial Law | Date: | Hits: 86

Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribu­nal and another, 1977, 6 CLC (AD)

....14 DLR (SC) 81 (86) = PLR 1962 (SC) 102 (106); Hari Vishnu vs. Ahmed Ishaque AIR 1955 (SC) 233, Syed Yakoob vs. Radha Krishnan AIR 1964 (SC) 477. Lawyers Involved: Mainul Hossain, Advocate with Md. Joynal Abedin, Advocate, Mozammel Huq Khan, Advocate—For the Appellant. Sultan Hossain Khan......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. ......s dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......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..

Category: Criminal Law | Date: | Hits: 70

Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)

.... cream He Bank Ltd. Vs. SardarKishan Singh, AIR 1963 Pun. 230; Income Tax, AIR 1955 S.C. 74 ; Shyamlal Vs Jagannath, AIR 1969 Cal 424; Fhtcrotts case (1883) 21 Ch. 519 (CA.); Abdur Rahim Vs. Syed Abu Md. Bark at AH LR55 IA 96—32 CWN 482-AIR 1928 ' P.C 16— ILR Cal. 519 ; Asmatunnessa Begum Vs. As......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. ...... 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. Result: The appeal is......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..

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. ......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. ......ns this petition is dismissed. Ed. ......azle Munim J Bangladesh and another……………………………………………Petitioners. Vs. M/S.  A. T. J. Industries Ltd. and others................. Respondents Judgm..

Category: Property Law | Date: | Hits: 57

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

....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. ......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. ...... It is dismissed. Ed. ......p;…………………………………………………………..Petitioner. Vs. Bangladesh Jute In­dustries Corporation and others…………&h..

Category: Procedural Law | Date: | Hits: 107

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

.... Borough Council 1951(1) All E.R, 587. Lawyers Involved: M, H. Khandker, 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 Appea......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. ......here is no substance in this petition which is dismissed. Ed. ...... Syed A.B. Mahmud Hussain C J Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Haji Abdul Motalib Sowdagar...................Petitioner Vs. Faiz Ahmed Chow­dhury and others…………….Respondents Judgment March 22, 1977. ..

Category: Tenancy Law | Date: | Hits: 89

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

....ll. 617; Union Bank Ltd., Vs. Mst. Ram Rati, AIR 1954 All. 595; Maniram Kolita vs. 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 Appellant......nbsp;                                 ......;             ......bsp;            Nurun Nabi Mondal and others………………………..Appellants Vs. Joynal Abedin Khondkar & ors ………………&hellip..

Category: Property Law | Date: | Hits: 59

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

....ondent Judgment               June 14, 1976.       Lawyers Involved: Md. Meser Ali, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Appellan......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. ...... the appeal is dismissed. Ed. ......sanuddin Choudhury J Kemaluddin Hossain J D. C. Bhattachary J        Ashraf Ali Sikdar and another........................Appellant. Vs. The State........................ Respondent Judgment    &nbs..

Category: Criminal Law | Date: | Hits: 63

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

....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. ......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. ......and circumstances of the matter, we make no order as to costs. Ed. ......Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Bangladesh……………………......................... Appellant (In all the cases). Vs. M/s. Sree Kundeswari Aushadhalaya………...Respondent (In Appeal No. 13 of 1975) M/s. S..

Category: Fiscal/Taxation Law | Date: | Hits: 137

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

.... Judgment                 December 8, 1976.  Lawyers Involved: Khondkar Mahbubuddin Ahmad, Md. Abdur Rouf, Advocate Khademul Islam Chowdhury, instructed by A. Rab-II Advocate-on-Record- For ......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. ......ppeal.  Ed. ......ddin Hossain J Debesh Chandra Bhattacharya J           Abul Hayat Choudhury ......................................Appellant Vs. Nurul Amin and ors...........................................Respondents Judgment..

Category: Others | Date: | Hits: 141

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

....istant Attorney-General, instructed by S. S, Hoda Advocate-on-Record—For the Appellant. Miah Abdul Gafur, Advocate—For the Respondent. M. H. Khandker, Sr. Advocate, with Md. Mannan, Advocate, instructed by Md. A. Aziz, Advocate-on-Record.—For the Appellant. ......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. ......sts 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...

Category: Property Law | Date: | Hits: 70

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

....4 affirmed—Qudrutullah VS. Bareilly Municipality, AIR 1974 SC 396; referred A. Malek vs. Abdur Rahman, (1976) 19 DLR3I8; Sona vs. State, (1970) 22 DLR (SC) 55. Lawyers Involved: Md.   Fazlul Karim, Advocate with Abul n, Advocate, instructed by B. C. Panday, ate-on-Re......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. ...... (Criminal) Present: Syed A.B. Mahmud Husain C J Ahsanuddin   Choudhury J Kemaluddin Hosain J D.C. Bhattacharya J Fazle Mumin J Akhtar Hossain Khan & others .................Appellants. Vs. The State.......................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 ..

Category: Criminal Law | Date: | Hits: 113

M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....e 157; Attorney General vs. Prince Ernest Augustus of Hanover, 1957 A.C. 436 same case 1957 (1) All. E.R. 49; M/s Speed Bird Navigation Company and another vs. Bangladesh in (1975) 27 D.L.R. 170; Md. Rejaul Haque vs. Bangladesh m (1976) 28 D.L.R. 38. Lawyers Involved: M.H. Khand......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 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..

Category: Fiscal/Taxation Law | Date: | Hits: 244

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

....-General, with A. W. Bhuiyan, Assistant Attorney-General, instructed by B, Hossain, Advocate-on-Record—For Res­pondent Nos. 7-8. Khandker Mahbubuddin Ahmed, Advocate, instructed by Md. Shafiqur Rahman, Advocate —For Respondent Nos. 1-6. In C.P. No. 4of 1977. ...... 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. ......issed. Ed. ...... Fazle Munim J Serajuddin Bepari & ors……………………………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh..

Category: Civil Law | Date: | Hits: 106

Bangladesh Small Industries Corpora­tion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)

.... on the ground of the violation of the principle of natural justice. 90. Learned Attorney-General has also cited an unreported decision of the High Court Division of this Court in the case of Dr. Md. Abdul Muttalib Vs. University of Dacca and others, to which one of us was a party, where the val......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. ...... cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......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..

Category: Employment/Service Law | Date: | Hits: 170

Managing Direc­tor, Janata Bank Vs. Hafijuddin Ah­med and others, 1977, 6 CLC (AD)

....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. ......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. ......hout any order as to costs. Ed. ......ud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Managing Direc­tor, Janata Bank .................Appellant Vs. Hafijuddin Ah­med and others .....................Respondents Judgement ..

Category: Employment/Service Law | Date: | Hits: 70