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The State Vs. Fazu Kazi alias Kazi Fazlur RahÂman and others, 1977, 6 CLC (AD)
....t Dr. Salam was trying to become Chairman by removing Azizur Rahman by a vote of no-confidence and for that purpose he drew up a petition for a vote of no-confidence and obtained signatures of some members, There was also enmity among them over distribution of some khas lands of Dayara......y dragging away Dr. Salam from the mosque having gagged his mouth with a 'gamcha'. Dr. Salam was taken towards the river ghat to the south of the mosque and was murdered there. P. W. Sachindra called a number of persons and while they were proceeding towards the river ghat they met P. Ws. E......y has seen the respondents going in great haste towards west with a potla (bundle) in the hand of respondent Fazu Kazi and that their wearing cloths were wet. 3. The respondents were put on trial on two charges, namely under section 120-B along with 13 others for conspiracy to murder Dr. ......in CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J The State.....................Appellant. Vs. Fazu Kazi alias Kazi Fazlur Rahman and others .................Respondents. Judgment March 9, 1977 Cases Referre..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... 2. The prosecution case against them was that as Rajakars they collaborated with Pak Army and on 1st of Kartick, 1378 B.S. they along with 40/50 other Rajakars caught hold of Anisur Rahman, son of P.W. Bajitulla Gazi at Chapatola Bazar and took him to his village Noali wherefrom his fathe...... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......High Court Division in Criminal Appeal No. 150 of 1973.) Judgment: Ahsanuddin Chowdhury J: The petitioner along with one Akkas AH Dafadar faced a trial on three charges viz. under section 148 read with Article II(c) of Bangladesh Collaborators (......llate Division (Criminal) Present: Syed A.B. Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattachary J Fazle Munim J &nbs..Category: Criminal Law | Date: | Hits: 62
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....as found that the finding of the lower appellate court was based on conjectures and surmises, and such finding of facts is not binding on the High Court in revision. The learned Judge with reason has set aside the erroneous finding of the lower appellate court, and restored that of the......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......cation for pre-emption. The Kabala was registered on 38-1-67, and the application for pre-emption was made on 15-4-68, and the respondent claimed, that he got knowledge of the sale on 15-3-68. The trial court on consideration of evidence believed the case of the respondent, and allowed the appl......e Court Appellate Division (Civil) 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... &he..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....nal Code as well as under section 5 (2) of Act II of 1947. He was acquired of the charge under section 409 but was convicted under section 5 (2) of Act II of 1947 and sentenced to simple imprisonment for two years and a fine of Tk. 50,000/-in default to simple imprisonment for one year......s in a meeting held on 30-9-1964. One of ' the schemes was to manufacture 19, 65,000 bricks for the Pabna-Trimohoni Road. The estimated cost for brick manufacture was Tk. 2, 03,500/-. Tenders were called for but the sale of tender forms was restricted under petitioner's direction to certain......7 th August, 1976 passed by the High Court in Criminal Appeal No.3 of 1969) Judgment: Ahsanuddin Chowdhury J: The petitioner K.M. Zaker Hossain faced a trial in the Court of the Special Judge, Pabna on two charges namely, under section 409 of the Bang...... Ed. ..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....'s Order No.8 and sentenced to transportation for life and to pay a fine of Tk. 5,000/-and 5 other accused were convicted under Clause (b) of Part TV of said order and were sentenced to rigorous imprisonment for 3 years each and to pay a fine of Tk. 300/- and the rest of the accused were acquitted. ......n of the apÂpellant 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. ......affirming the order of conviction and sentence passed under section 302/34 Penal Code against the appellant by the Special Tribunal No. 1, Bogra. 2. The appellant along with 11 others were put on trial before the aforesaid Special TriÂbunal on charges under section 302/34 Penal Code read with A......se is also Reported in: 29 DLR (SC) 246. ..Category: Criminal Law | Date: | Hits: 63
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....ve Officer and was nominated by the company as a member of the Board of Trustees of the Chittaranjan Cotton Mills Employees Provident Fund Trust could be said to have ceased to be a public servant, so that any offence committed by him in his deputationary capacity is immune from requirement of s......o be determined in judging an officer to be a public servant within the meaning of section 21 of the Penal Code, and they are not in dispute. A detailed discussion of these authorities is not called for. However, we would like to mention some of them. We think that the best enunciation of t......e surrendered to the court and obtained bail on 13-2-71, and the case was then transferred to a Magistrate, 1st Class for disposal. The appellant then filed an application contending that his trial cannot proceed without the sanction of the Government under section 197 of the Criminal ...... Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....he goods but the price having gone down, the appellant refused to honour the sight draft. As a result of their refusal to honour the sight draft the respondent was forced to send the goods to Karachi sold them there on behalf of the appellant. The respondent claimed that they had suffer loss of Taka...... by the Subordinate Judge, First Court, Chittagong in other suit No. 17 of 1958 in terms of an award. 2. The circumstances leading to the aforesaid suit are as follows B. C. Aga & Co. (hereinafter called the respondent) while carrying on business under the name and style L. D. Seymore & Co. (Pak)......urt. The appellant contested the award and sought to have it set but a decree was ultimately passed in to of the award. On appeal, a Division Bench of the High Court affirmed the decree passed by the trial court. 3. Special leave to appeal was granted to consider as to whether the appointment of ......e Division (Civil) Present: A.M. Sayem CJ MuÂhammad Abdullah Jabir J Ahsanuddin Choudhury J Abdur Rahim Afroze.......................................Appellant Vs. B. C. Aga and Co. Ltd. and others…………………… Respondents Judgment February 18, 1975. L..Category: Business or Commercial Law | Date: | Hits: 86
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate TribuÂnal and another, 1977, 6 CLC (AD)
................................... Respondent. Judgment April 29, 1977. Result: The appeal is dismissed. The Evidence Act (Act I of 1872), Section 134. Conviction can be based on the solitary evidence of a witness, of course the veracity of the witness is not tainted in any mannerâ€......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. ....... He was acÂcompanied by a cooly who was carrying the cigarettes and another shopkeeper named Harunur Rashid. The police after investigaÂtion submitted a charge sheet when the appelÂlant faced the trial before the Special Tribunal under section 392, Bangladesh Penal Code read with section 28 of t...... Case is also Reported in: 29 DLR (SC) 211. ..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....ndra Pal 62 C.W.N. 133; A.I.R. 1958 Cal. 543 and the other of Madras High Court in the case of Vaidyanatha Vs, Bank of India A.T.R. 1955 Mad. 486, that a shareholder of a limited company was not a person whose interests were affected by a sale of the company's proÂperty and as such had no locus sta......rty itself". 20. In the case of Hiralal Saha vs. Akshary Kumar Saha, 37 C.W.N. 766; A.I.R. 1933 Cal. 815, it was held that the contingent liaÂbility of a defaulting auction purchaser who was called upon to put in the deficiency in the sale price on resale of the property under Order, rule 7......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. ......s. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....me Court of Bangladesh, and challenged the action of the government and obtained a judgment on May 22, '75 declaring the impugned actions of the Government as without any lawful authority. It was also declared that the Company and its properties, movable and immovable, and Bank Accounts were bei......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. ...... leave-petition at the instance of petitioners, Bangladesh and another, arises out of a writ petition wherein a Bench of the High Court has declared the cancellation of a lease at Tejgaon Industrial Area and dispossession of Respondent-Company from the plot with its assets and build......d. Ed. ..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....r of a Bench of the High Court Division refusing to interfere, in exercise of its revisional jurisdiction, with an order of a Subordinate Judge setting aside an order previously made by his predecessor, issuing a commission for examination of two witnesses in India. 2. The appel......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. ......the case of The Hanover Fire Insurance Co. vs. Mis. Muralidhar Benechand came up before a Division Bench (Ispahani and Badiuzzaman, JJ.) of the Dacca High Court in revision against an order of the trial Court issuing an open commission to examine a witness in India it was argued before the ......nbsp; Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M. Huq, Advocate on Record—For the Appellants. Khandkar Mahbubuddin Ahmed with S.A. Latif, Advocate—For the Respondents. K.A, Bakar, ..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute InÂdustries Corporation and others, 1977, 6 CLC (AD)
....ncy of its officer, who is guilty of misconduct and that the learned Subordinate Judge wrongly held that the Corporation had no authority to draw up the disciplinary proceeding. It was also held by the High Court that there is no allegation that the proceeding has been initiated m......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. ......of the Corporation to draw the disciplinary proceeding against him without jurisdiction, and prayed for temporary injunction. This leave petition is sequel the prayer for temporary injunction. The trial court granted the temporary injunction, and the first appellate court affirmed the order. On ....... ..Category: Procedural Law | Date: | Hits: 107
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....he question as to whether under the Hindu Widow's Remarriage Act. (Act XV of 1856) a Hindu widow forfeits her right to her deceased husband's property on her remarriage. 2. The predecessor-in-interest of the appellants along with respondent No, 13 brought the suit for recovery o......ing half of the body of her husband" and on her remarriage she ceased to be the surviving half of' the body, which was, according to him, nothing but a 'picturesque metaphor," as was called by Sir Sheshagiri Ayyar in his dissenting judgment in Vitta Tayaramma vs. Chata Kondu Sivay...... custom of remarriage in the community to which the Mallas belonged there was no forfeiture of the property she inherited from her husband on account of remarriage. 4. It was argued at the trial Court on behalf of the defendants, relying upon a Full Bench decision of the Allahabad High C......J D. C. Bhattacharya J Fazle Munim J Nurun Nabi Mondal and others………………………..Appellants ..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....that 11 rounds of bullets were found in possession of appellant Ashraf Ali and a revolver was found in possession of appellant Amir Ali. They were convicted and sentenced to rigorous imprisonment for five years each and also to pay a fine of Tk. 1,000/- each, in default to suffer a furt......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. ......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(4)(a)(i) of President's Order No. ...... Present: A.B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J D. C. Bhattachary J Ashraf Ali Sikdar and another........................Appellant. Vs. The State........................ R..Category: Criminal Law | Date: | Hits: 63
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
.... prayer made in the election petition for a declaration that the election of the appellant and Respondent No. 2 as Chairman and Vice-Chairman respectively of the U ion Parishad was void and also for a declaration that the election held at Ward No. 3 of the Union was void as a whole. ......ppellate Division on this point has been clearly stated in the following passage: “Rule 56 of the Union Parishad (Election) Rule clearly provides that no election shall be called in question except by an election petition made by a candidate challenging the electio......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. ...... Supreme Court Appellate Division (Civil) Present: Syed A. B. Mahmud Hussain CJ Abul Hayat Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Abul Haya..Category: Others | Date: | Hits: 141
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....dentical. 9. If we take the language of the Requisition of Property Act with that of the Town Improvement Act, we find that sections 5(1) 5(la), 5(6) and 5(7) and proviso to sub-section 7(e) of the former Act, correspond to section 93A sub-sections 4(a), 4(g) and 4(h......ent, and that decision is notified in the gazette under section 5(7) of the Act, when the property vests in the Government. The provisions are so clear, that no amount of casuistry can be called in aid to treat the proposal into an accomplished act. 17. Mr. Deputy Attorney-Gener......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. ...... Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul Khaleque and ors.................................. Respondents. (In C. A. Nos. 1 and 2 of 1975). ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
.... 2. The aforesaid case was started on a first information report lodged by one Haji Shamsul Haque Bepari at Mehandiganj Police Station, Barisal alleging that on 4.8. 1973 five persons armed with deadly weapons such as pistol and knives attacked his brother Saiduzzaman while he ......ent's Order No. 50 of 1972 (after its repeal on 9. 2. 1974 by the Special Powers Act XIV of 1974 (hereinafter referred to as the Act) can be tried under President's Order No. 50 (herein after called P. O. 50) as a pending case within the meaning of section 36(2) (b) of the Act and by virtue......o charge-sheet could be submitted under P. O. 50 before 9. 2. 1974, the date on which P. O. 50 stood repealed. So it was contended before the High Court Division that inasmuch as there could be no trial of the accused before the special Magistrate or special Tribunal constituted under P. O.......t 26, 1976. Cases Referred to — Solicitor vs. A.T. Mridha, 26 DLR (SC) 173 (dissented from by the present Supreme Court judgment): Tozammel Hossain vs. State, (1975) 27 DLR 36 and A.T. Mashood vs. State, (1975) 27 DLR 93 (stand over-ruled) Shaymal Chandra vs. State, Cr.M.C. ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....nicipal areas there could not be any lawful extension of the Act under section 1 (2) of the Act and that in any view of the matter there could not be any retrospective operation of the notification so as to make the appellants liable for the taxes prior to the notification dated 16-2-64. T......7 of the Electoral College Act, 1964." After these amendments Section 1 of the East Pakistan Immoveable Property Tax Act, stood in the following form: "1. (1) The Act may be called the East Pakistan Urban Immoveable Property Tax Act, 1957. (2) It shall extend ......ge is understood but that it is highly developed new urbanised area of Chittagong town; that the area in question has a great number of factories including residential and highly developed industrial area with beautiful modern roads, electricity, and all town facilities; that a number of for......p;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 May 7, 1976...Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
....ot only in violation of the instructions of the Government Estate Manual, it has in fact the effect of destroying the plaintiff's hat. On these allegations the plaintiffs filed the suit and also prayed for interlocutory injunction against the Government and the Lessee-respondents. 3....... 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. ......expired on 13.4.72, and its continuation was illegal. It was further contended that the land was recorded in the S. A. Khatian as a secular land and not a wakf property at all. 4. The trial court found, that the plaintiffs had succeeded by producing a registered deed of wakf dated 1......ellip;……………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh and ors. .............. Respondents (In C. P. No. 4/77) Judgment January..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries CorporaÂtion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....KB 171; Nakkuda Ali vs. Jayaratne (1951) AC 66; Rex Vs. Legislative Committee of the Church Assembly (1928) 1 KB 411; Malloch Vs. Aberdeen Corporation (1971) 1 WLR 1578—(1971) 12 All ER 1278; Morrison Vs. Abernathy School Board (1876) 3 R 945; Executive Committee for U.P. Warehousing Corporation ......ial leave is against a judgment of the Constitution Bench of the High Court Division. The respondent was first appointed on a temÂporary basis as a Deputy Director under the appellant which was then called 'East Pakistan Small Industries Corporation' and he was conÂfirmed after 2 years of service ......h. Mohammad Iqbal (1963) 15 DLR (SC) 116 —PLD 1963 (SC) 179; Zainul Abedin Vs. Multan Central Co-operative Bank Ltd.; Multan, 18 DLR (SC) 462 = PLD 1966 (SC) 445 ; The Chairman, East Pakistan Industrial DeveÂlopment Corporation and others Vs. Rustom Ali and others, 19 DLR (SC) 186 = PLD 1966 (SC...... Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
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