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Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......ccused. …………………..(7) Lawyers Involved: Jamiruddin Sircar, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Rccord.- For the appellant B. Hossain, Assistant Attorney- General, instructed by M. R. Khan, Advocate-on-Rccord. (absent)- For the Respondent. Criminal App......n to the house of Alefuddin and subsequently handed over to the police. Azizur Rahman was admitted in the Rangpur Medical College Hospital for treatment where he died after fourteen clays on 18.8.79. Police on being informed by P.W.1, held investigation and submitted charge sheet under the aforesaid......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..Category: Criminal Law | Date: | Hits: 52
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......ved: Dr. Kamal Hossain, Senior Advocate, (S. S. Halder, Senior Advocate with him) instructed by Ranesh Chandra Maitra, Advocate-on-Record. – For the Appellants. B. Hossain, Assistant Attorney-General, instructed by Sajjadul Huq, Advocate-on-Record. - For Respondent Nos. 1 and 2. Ex parte ......round of delay in instituting the proceeding 9 years and 4 months after the commission of the crime. 9. The Informant, respondent No.3, lodged a first information report on 7 August, 1982 with the Police Station, Daulatpur alleging that on 16 April, 1973 his nephew, Abul Hossain, had been forcibl......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......t
Appellate Division
(Civil)
Present:
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
MH Rahman J
ATM Afzal J
Mozher Sawdagar ................Appellant
vs.
M.Zahirul Alam, General Manager, Bangladesh Shipping Corporation and others…....Respondents
Judgment
August...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......vision
(Civil)
Present:
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
MH Rahman J
ATM Afzal J
Mozher Sawdagar ................Appellant
vs.
M.Zahirul Alam, General Manager, Bangladesh Shipping Corporation and others…....Respondents
Judgment
August 24, 1987.
Wor..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......s. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………………….Respondents. Judgment August 25th 1987. The General Clauses Act (X of 1897) Section 21 Principle of locus poenitentiae-Availability of t......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......man J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………………….Respondents. Judgment August 25th 1987. The General ..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......gladesh. 30 DLR 219, New Dhaka Industries Ltd.Vs. Quamrul Huda and others, 31 DLR(AD) 234 and Motaher Hossain Khan v. Bangladesh Jute Mills Corporation, 36 DLR(AD) 282, Mosharraf Hossain Chowdhury v. General Manger, Titas Gas Transmission & Distribution Co. Ltd. 1981 BLD (AD) 61, M/s. Eastern Mercan......ellers from the Store. A criminal proceeding was instituted on this allegation against him and the co-accused Yar Ahmed. Yar Ahmed was convicted but he was discharged on Final Report submitted by the Police, but he was proceeded against departmentally under section 18 of the Act and was asked to sho......rker and that he is not an employee of the Corporation whose Service Rules are not applicable to his case, the suit is not maintainable. Cases Referred to- Jogesh Chandra Datta v. Government of Bangladesh. 30 DLR 219, New Dhaka Industries Ltd.Vs. Quamrul Huda and others, 31 DLR(AD) 234 and Mot..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......48 Penal Code…………(15 & 16) Lawyers Involved: Shaukat Ali, Senior Advocate instructed by A. Baset Majumder, Advocate-on-Record.- For the Appellant. B. Hossain, Assistant Attorney-General, instructed by Zinnur Ahmed, Advocate-on-record.-For the Respondent. Criminal Appeal No. ......as killed within some distance of Mobarak then the first thing that Mobarak or the complainant party was expected to do on the following day of the occurrence i.e. 14.3.68 was to report either to the Police or to the Magistrate (to whom they had actually gone) about the killing of Jamshed so that im......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ...... Syed Ishtiaq Ahmed, Senior Advocate, B.B. Roy Chowdhury, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Respondents 1 & 3. A.Y.Salehuzzaman, Deputy Attorney-General instructed by B. Hossain, Advocate-on- Record -For the Respondents 2 & 4. Civil Appea......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..............................Appellants Vs. Asim Kumar Bose and others ........................................Respondents Judgment April 10, 1984. Result: The appeal is allowed. The Bangladesh (Vesting of Property and Assets) Order, 1972 (P.O. No.29 of 1972), article 2 (1). The ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......te with him), instructed by Md. Aftab Hossain, Advocate-on-Record (absent) - For Respondent No. 1. B. Hossain, Advocate-on-Record - For Respondent No.2. Abdul Wadud Bhuiyan, Additional Attorney General. -Amicus curiae. Civil appeal No. 3 of 1987. (From the Judgement and order dated 28.9....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......n ............................Appellant Vs. Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result: The appeal is dismissed. (i) The Constitution of Bangladesh, 1972, Article 102 There is no room to entertain any doubt as to the maintainability o..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......ondents". In this view of the matter, the learned Judges found the accused guilty under section 307/34, instead of sections 302/34, of the Penal Code. 4. Mr. B. Hossain, learned Assistant Attorney-General, contends that the observation of the learned Judges, as stated above, got no basis whatever......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......AIR 1928 (P.C) 56; 32 DLR (AD) 29. Lawyers Involved: B. N. Chowdhury, Advocate, instructed by Shamsul Hoque Siddique, Advocate-on-Record— For the Appellant. Salehuzzaman, Deputy Attorney General, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent No. 1. Khandker Mah......H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......o prove his assertion that at the time of the execution of the deed of gift Surendra's sons, the executants, were residing in an enemy country. In this regard reliance is placed on Abul Khair Mia vs. Bangladesh and others 32 DLR (AD) 29. 37. In that case the dispute turned on the question whethe..Category: Procedural Law | Date: | Hits: 115
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......itra, Advocate-on-Record—For the Respondent No. 2. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 3. Ex-parte-For the Respondent Nos. 4—5. A.W. Bhuiyan, Additional Attorney General with B Hossain, Assistant Attorney General-Amicus Curiae. Civil Appeal No. 1 of 1986. ......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......appeal Schedules of 1960, 1969 and 1981 will be refer red to in this judgment. Schedule I of 1969 was brought in by East Pakistan Ordinance No. I of 1969 and the Schedule 1 of 1981 was brought in by (Bangladesh) Finance Act—Act XI of 1981. It may be noted here that though rates of fees as specifie..Category: Procedural Law | Date: | Hits: 124
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ...... 1983 before the High Court Division. Finding the application filed 21 days beyond the period of limitation"—the learned Single Judge of the High Court Division asked the Deputy Attorney General of the Government of Bangladesh to file an affidavit disclosing the name of the person res......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J The Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner, Pabna…………&helli..Category: Procedural Law | Date: | Hits: 102
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......gesting the murder at the instance of Golam Ali, Ukil and Aftabuddin, is a mere suggestion having no basis whatever. Again, the first information report lodged by P. W. 3 Ayub Ali who left for the Police Station within half-an hour of the incident and it was recorded within two hours of the...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ...... S. R. Pal, Senior Advocate, Nurul Islam Chowdhury, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. A. Y. Salehuzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the Respondent No. 1. A. W. ...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ...... and Disposal Order (1966) therefore continued in force automatically as Rule 182 continued in force, there having been no necessity for a separate legislation for this purpose. After emergence of Bangladesh as an independent State, Ordinance No. 1 of 1969 was repealed by Act XLV of 1974 namely,..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......d Judges of the High Court Division for the following reasons: (1) The first information report was delayed by five days but the reason was not explained (2) Informant instead of going to the Police Station which is six miles away went to the Magistrate's Court 28 miles away; (3) Interested......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......st’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.....6.76 when the accused refused to confess. According to the prosecution case on the basis of a statement of the same very accused who refused to confess on the previous day-P.W.19 the Sub-Inspector D.K. Barua went to Bhanuagacha on the following day with the accused Lalu for examining P.......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......sed Lalu was arrested on 38.6.76. He was also produced before a Magistrate on 30.6.76. Lalu was remanded to the police custody and on 5.7.76 also made a confessional statement before a Magistrate. Police after investigation submitted a charge-sheet under section 303 and Kabir was charged under se......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... M.H. Rahman J A.T.M. Afzal J Md. Ayub…………………………..……….Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others……..Respondent..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......others v. Exxon Insurance Consultants International Ltd. All E.R. (1981) Vol. 2 pages 495; Turton vs. Turton, 42 Ch. Division, 128; Office Clearing Services Ltd. v. Westminster Window and General Cleaners Ltd. RPC Vol. 62-63 p. 39; K.M. Multani v. Paramount Talkies, AJR 1942 Bom. 1......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......lso in imparting technical education and training in computer science and technology. The company got a clientele of 300 computer systems and its customers include, among others, Banga Bhaban. Bangladesh Biman, Defence Intelligence Directorate, Power Development Board, T & T Board ..Category: Intellectual Property Law | Date: | Hits: 239
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