Search Options
Judgment Advanced Search
Displaying 5461-5480 of 5813 results.
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ...... (Criminal) Present: Syed A.B.M. Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J The State.....................Appellant. Vs. Fazu Kazi alias Kazi Fazlur Rahman and others .................Respondents. ......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......oluntary as well as true and also the conviction of Joygun Bibi, as there was sufficient other evidence against Joygun Bibi. In the other case, appellant Maqbool Hossain was tried along with Yasin Ahmed, Ghulam Yasin and another for an attempt to bribe a Tahsilder of Multan. The off..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... 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 (Special Tribunal) Order, 1972, 364/34 and 302/34 in the alternative under......tion 364. The law in respect of the charge for the offence of abduction followed by murder and the recovery of the dead body has been clearly laid down by this court in the case of Hafez Abul Khair Vs. The State in Criminal Appeal No. 4 of 1975 of this court. Needless to say that the decision of...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 62
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....-on-Record—For the Respondent. Civil Petition for Special leave to appeal No. 153 of 1977. ( From the judgment and order dated the 9th November,1976 passed by the High Court of Bangladesh in Civil Revision No. 1458 of 1970) Judgment: &nb...... 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 ......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. ..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
.... 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 Bangladesh Penal Code as well as under section 5 (2) of Act II of 1947. He was acquired of the char......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......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. ......oner Vs. The State.............................Respondent Judgment Feb. 21, 1977. Lawyers Involved: T. Ali, Senior Advocate with Khandker Mahbubuddin Ahmed instructed by A. Rob - (2) Advocate-on-Record—For the petitioner. Not represente..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....al No. 1, Bogra. 2. The appellant along with 11 others were put on trial before the aforesaid Special Tribunal on charges under section 302/34 Penal Code read with Article 11 (a) and (b) of the Bangladesh Collaborators (Special Tribunal) Order, 1972, which is commonly known as President's Orde......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......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. ......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. ..Category: Criminal Law | Date: | Hits: 63
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Mansur Ali............................. Appellant Vs. Bangladesh and another............... Respondent Judgment ......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 ...... 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. ...... and management were in the hands of a Board of Directors, but in many respects the control rested in the hands of the Provincial Government. In the context of these facts, the appellant Mansur Ali Ahmed, an Assistant Registrar of Co-operative Societies, Chittagong, was placed at the disposal of..Category: Employment/Service Law | Date: | Hits: 81
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....e cigarettes and another shopkeeper named Harunur Rashid. The police after investigation submitted a charge sheet when the appellant faced the trial before the Special Tribunal under section 392, Bangladesh Penal Code read with section 28 of the Special Powers Act. The trial ended in conviction ......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......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. ......nt circumstances into consideration. The right sentence is to be determined by the nature of criminal intent and the manner of perpetration of the crime…….(9 and 10) Cases Referred to- Ali Ahmed vs. State (1962) 14 DLR (SC) 81 (86) = PLR 1962 (SC) 102 (106); Hari Vishnu vs. Ahmed Ishaque ..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....954 S. C. 349 where it had been held that the Court would not invoke the inherent power to circumvent the mandatory provisions of the Code. 79. A Division Bench of the pre-constitution Bangladesh High Court had to consider the question of the applicability of section 151 of the Code f......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......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 of a Court in the case of Basanta Kumar Vs. Mihirlal, A.I.R. 1968 Cal. 664, relying, inter alia, upon a decision of the Supreme Court of India in the case of Manilal Mohan Lal Vs. Sajdu Ahmed, A.I.R. 1954 S. C. 349 where it had been held that the Court would not invoke the inherent pow..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....ion (Civil) Present: Syed A.B. Mahmud Husain C J Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Bangladesh and another………………………&hell......azle Munim J Bangladesh and another……………………………………………Petitioners. Vs. M/S. A. T. J. Industries Ltd. and others................. Respondents Judgm......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. ......977. Lawyers Involved: K. A. Bakr Attorney-General, A. Wadud Bhuiyan, Assistant Attorney-General, instructed by M.R. Khan, Advocate on Record—For the Petitioners. Moudud Ahmed, Advocate, instructed by S.S.Hoda. Advocate-on-Record.—For the Respondent No. 1. ..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....ce Company vs. Mis. Muralidhar Benechand, reported in (1955) 10 D.L.R. (S.C.) 136: P. L. D. 1958 S.C. 138, that in the absence of a reciprocal arrangement between the Governments of India and Bangladesh regarding examination of witnesses on commission the Court had no jurisdiction to issue ......Chowdhury J D.C. Bhattacharya J Kumar Ram Narain Roy Chowdhury & anr....................Appellants Vs. Sonatannessa Bibi & ors.......................................... Respondents ......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. ......sp; 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, Attorney-General wit..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....hellip;……………………………………………………..Petitioner. Vs. Bangladesh Jute Industries Corporation and others……………&hell......p;…………………………………………………………..Petitioner. Vs. Bangladesh Jute Industries Corporation and others…………&h......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. ..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....Second Appeal which was preferred by the petitioner to the Dacca High Court against the appellate decree mentioned above. The Second Appeal was dismissed the High Court Division of the Supreme Com of Bangladesh on 8-1-74. When after the disposal of the Second Appeal, the proceeding the execution cas...... 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. ......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. ....... 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. Cases Ref..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....of Dacca High Court also has adopted the same reasoning in the judgment under appeal before us. 63. This Court had to examine in one of its recent decisions, Messers Amin Jute Mill Ltd vs. Bangladesh in the relative role of the preamble of an enactment in the interpretation of its enacti......bsp; Nurun Nabi Mondal and others………………………..Appellants Vs. Joynal Abedin Khondkar & ors ………………&hellip......nbsp; ......nbsp; ..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....w was not vitiated for want of any previous sanction of the District Magistrate under section 29 of the Arms Act as the 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 d......sanuddin Choudhury J Kemaluddin Hossain J D. C. Bhattachary J Ashraf Ali Sikdar and another........................Appellant. Vs. The State........................ Respondent Judgment &nbs......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. ......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)
....r 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......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....14 and 15 as members of the Union Parishad of the said Union. 6. Mr. Khondkar Mahbubuddin Ahmed, learned Counsel appearing on behalf of the appellant has submitted that having regard to the Bangladesh, Union Parishad and Paurashava (Election) Rules, 1973 the election of a person to a......ddin Hossain J Debesh Chandra Bhattacharya J Abul Hayat Choudhury ......................................Appellant Vs. Nurul Amin and ors...........................................Respondents Judgment......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. ...... invalidity of the entire election of Ward No. 3 which involved the election of Respondent Nos. 13, 14 and 15 as members of the Union Parishad of the said Union. 6. Mr. Khondkar Mahbubuddin Ahmed, learned Counsel appearing on behalf of the appellant has submitted that having regard to the..Category: Others | Date: | Hits: 141
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Syed A. B. Mahmud Husain CJ Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul K......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.......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. ......haleque and ors.................................. Respondents. (In C. A. Nos. 1 and 2 of 1975). Chittagong Development Authority and ors......... Appellant Vs. Sultan Ahmed &ors…………………………&helli..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....rate or Special Tribunal as contemplated under section 36(2)(b) of the Act In support of his argument the learned counsel relied upon a decision of Appellate Division in the case of solicitor. Bangladesh Vs. A T. Mridha reported in 26 D.L.R. 17 to show that a case which was pending with the......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 ......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. ......y B. C. Panday, ate-on-Record (Absent) Rafique-ul-Huq, Advocate and Mainul Hossain, Advocate, Court, appeared on 12.3.76 with permission of Court—For the Appellant. Faquer Shahabuddin Ahmed, Attorney-General with Abdul Wadud Bhuiya, Assistant Attorney-General, Shah..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....llip;…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 Ma......………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......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. ......awyers Involved: M.H. Khandker, Senior Advocate, with Syed Mozaffar Hossain, Advocate, instructed by M.R. Khan, Advocate-on-Record-For the Appellant (In all the appeals). Syed Ishtiaq Ahmed, Additional Attorney-General with Mahmudul Islam, Assistant Attorney-General, instruct..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
....;…………………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh and ors. .............. Respondents (In C. P. No. 4/77) Judgment ...... Fazle Munim J Serajuddin Bepari & ors……………………………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh...... 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. ......ndents, (in C.P. No 3/77. Bangladesh and ors. .............. Respondents (In C. P. No. 4/77) Judgment January 7, 1977. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate with Abdul Malek, Advocate, instructed by Abu Backkar, Advocate-on-Record&m..Category: Civil Law | Date: | Hits: 106
932931930928927926924923922921920919918917916915913912911910