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Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
.... A. T. M. Afzal, Deputy Attorney-General, instructed by B. C. Panday, Advocate-on-Record—For the Respondent. Criminal Appeal No. 2 of 1976. (From the judgment and order dated 24-06-74 passed by the High Court Division in Criminal Appeal No. 297 of 1973) Judgmen......de to the preamble to the President's Order No. 50 of 1973 which shows that it was enacted as a special provision for the suppression of certain offences of a grave nature. It has already been noticed that the possession, without authorisation of law, of arms and ammunition was declare......der dated 24-06-74 passed by the 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(..Category: Criminal Law | Date: | Hits: 63
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
..... 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 the Judgment and Order dated 18.3.75 passed by the High Court Division in Petition No. 102 of 1975) Judgment: ......nsider whether the relief in the instant case was properly given in terms of clauses either (a) or (b) of Rule 60 of the Union Parishad and Paurashava (Election) Rules, 1973. It is to be noticed that Respondent No. 1 who filed the election petition before the Election Tribunal was cand......hy;tution by which a judgment of the Election Tribunal declaring the election of the appellant as Chairman of the Union Parishad void at the instance of Respondent No. 1, who was a contestant for the office of the Vice-Chairman of the said Parishad. 2. The facts relevant for the purp..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....ructed 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 and Order dated 19-6-69 passed by the Dacca High Court, in petition No. 532 of 1967). Judgment: ......ens to be a registered Trade Union of the employees of the said Company. The case of the Respondent Company is that in November, 1966 the Respondent Company retrenched 149 of its clerks by serving notice of retrenchment to be effective from the 1st of December, 1966. Respondent No. 2, the Employ......ent No. 1, and incorporated Company engaged in carrying passengers and cargoes by steamers, under Article 98 of the then Constitution of Pakistan, 1962. 2. The appellants who were formerly employees of the Respondent Company were retrenched by the Respondent Company in pursuance..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
.... Ex-Parte.—For Respondents No. 5-6. Civil Appeal Nos. 1 and 2 of 1975 with Civil Appeal No. 26 of 1976. (From the Judgment and order of the High Court Division dated,14th June, 1973 passed in Civil Revision Case Nos. 807 of 1973 and 229 of 1970) and (From the......nds were requisitioned on 16. 3. 59, and they were acquired under section 93A of the Act on 27. 6. 60. However it is not clear from the records whether the given date of acquisition was of the notice under section 93A (4) (a) or gazette notification under section 93A 4(h). 3. The Dep...... the given date of acquisition was of the notice under section 93A (4) (a) or gazette notification under section 93A 4(h). 3. The Deputy Commissioner of Dacca assessed the compensation for the Chala land at the rate of Rs. 3,500/-per acre, and Rs. 2,800/- per acre for the Nal land. T..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....ate instructed by S. S. Hoda, Advocate-on-Record— For the Respondent. Criminal Appeal No. 6 of 1975. (On appeal from the Judgment and order dated 14th July, 1975 passed by the High Court Division in Criminal Revision Case No.1871 of 1974)......n 31-12-1947 substantially repeating the same terms and conditions but on the basis that the said contract did not materialise into a biding one for want of Government approval, the plaintiff by a notice asked the defendants not to realise the market dues. The defendant having continued to ......975 passed by the High Court Division in Criminal Revision Case No.1871 of 1974). Judgment: Ahsanuddin Choudhnry J: In this appeal by special leave the point for consideration is: Whether the G. R. Case No. 255 of 1973, pending in the Court of the Su..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....ney-General, instructed by A.M.A. Khan Chowdhury, Advocate-on-Record—For the Respondent (In all the appeals). Civil Appeals No. 4, 5, 6 and 7 of 1972. (From the Judgment Order dated 19-6-70 passed by the Dacca High Court in Petitions No.504,505,506 and 407 of 1967). J......agong and directed against a judgment of a Bench of Dacca High Court rejecting the petitions flied by the said Companies under Article 98 of the then Constitution of Pakistan by which certain notices issued by Respondent No. 2, the Assessing Officer, asking the said Companies to furnis......le 98 of the then Constitution of Pakistan by which certain notices issued by Respondent No. 2, the Assessing Officer, asking the said Companies to furnish returns in respect of their holdings for the purpose of imposition of tax under the East Pakistan Urban Immovable Property Tax Act,..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... instructed by Md. Shafiqur Rahman, Advocate— For the Respondent Nos. 2-7. Civil petition for special leave to appeal Nos. 3 and 4 of 1977. (From the Judgment and order dated 29th November, 1976, passed by the High Court of Bangladesh in Civil Revision Nos,...... 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. ......Advocate-on-Record—For the Respondent No. I. Khandker Mahbubuddin Ahmed, Advocate, instructed by Md. Shafiqur Rahman, Advocate— For the Respondent Nos. 2-7. Civil petition for special leave to appeal Nos. 3 and 4 of 1977. (From the Judgment and order date..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....For the Appellant. M. H. Khondker, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For the Respondent. Civil Appeal No. 9 of 1970. (On appeal from the judgment and order dated 4-12-74 of the High Court Division passed in Petition No. 6 of 1974). Judgment Mahmud...... J. D. Y. (F&A). In other cases his noting in the applications appears to be uncalled for. In none of the above cases any evidence of corruption could be established. 2. The second show cause notice was served upon the respondent on 13-3-73 proposing a penalty of dismissal. On 13-4-73, the r...... Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Barber vs. Manchester Region..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....ted by Mr. M.A. Baqui Maliik, Advocate—For the Respondent No. 1. Ex-parte—Respondent Nos 2 to 9. Civil Appeal No. 7 of 1975. (On appeal from the Judgment and Order dated 4-9-74 passed by the High Court Division in Civil Revision No. 771 of 1974) Judgment: ...... 6. We have taken a view while disposing Civil Appeal No. 9 of 1975 that an employee of a statutory Corporation does not come within the Master and Servant rule and is entitled to a show cause notice before his dismissal, whether there is any statutory justice rule or not, and also because o......p; Mahmud Husain C J: This appeal by special leave is against a judgment of a Single Judge of the High Court Division passed in Civil Revision. 2. Respondent No. 1. filed a title suit for declaration that the order dismissing him as Grade-II Officer (2nd officer) in Janata Bank, Mun..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
..... Civil Appeal No.10 of 1974. (From the Judgment and Order passed by the High Court of East Pakistan in Appeal from Original Decree No. 158 of 1966 converted in to C.R No.670 of 1969 dated 30-1-69.) Judgment: Kemaluddin Hossain J: ......viso to sub-section (5) of s. 93A was inserted with effect from 15th August 1963 by Ordinance III of 1965. Notices in the present case under clause (a) sub-section (4) were served on 18.9.1961, and notices under clause (h) of sub-section (4) were published on 3.10.1963. Since the last mentioned n......C. (Pak) 307; Ramchandra Datta Vs. Jogesh Chandra Datt (1873) 19 W.R. 353; National Telephone Company Limited Vs. His Majesty's Post Master General, (1913) A.C. 546 (H.L.); Secretary of State for India vs. Chelikani Rama Rao, L. R. 43 LA. 192 same case I.L.R. 39 Mad. 617 same case 20 C.W.N..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....Police Station Sutrapur, Dacca originally belonged to one Upendra Kumar Roy and his co-sharers from whom the appellant acquired 16 annas interest on the basis of two documents namely, a deed of lease dated 8. 8. 1956 and a deed of sale of rent receiving interest dated 9.8.1956 constituting sale of...... Court of East Pakistan, however, the decrees of the Courts below were set aside and the suit was dismissed. The High Court took the view .that the plaintiff-appellant ought to have brought it to the notice of the House Rent Controller that the respondent-tenant in an affidavit filed by him in his W......ord—For Respondent Nos. 3, and 1. Civil Appeal No.11 of 1976 Judgment: Ahsanuddin Chowdhury J: This appeal by Special Leave is at the instance of the plaintiff and it arises out of a suit for ejectment of a monthly tenant. 2. The appellant filed a suit being Title Suit No. 157 of 1965..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... read with part IV (b) of the Schedule to President's Order 8 of 1972 and Article 11(d) of the said order before the Special Tribunal No. 2, Chittagong. The Tribunal by its judgment and order dated: 9th August, 1972 convicted the appellants under section 364/3|4 of the Bangladesh Penal Code......llants as stated above. 5. Mr. T. H. Khan, the learned Counsel for the appellants urged that (1) while examined under section 242 of the Code of Criminal Procedure the appellants were given notice of a charge under section 302/34, B.P.C. but they were convicted under section 364/34 even t......ted 19th June, 1975 passed by the High Court Division in Criminal Appeal No. 53 of 1975) Judgment: Ahsanuddin Chowdhury J: In this appeal by special leave, the point for consideration is (i) whether an offence under section 364 is cognate to an offence Under sectio..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....sions Case No.13 of 1991 upon convicting him under section 302 of the Penal Code has been affirmed by the High Court Division upon accepting the Death Reference No.10 of 1993 by the judge and order dated March 14, 1999. 2. Incident in which the condemned prisoner caused deat......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ...... Md. Ruhul Amin J.- This is an application for leave to appeal from jail by the condemned prisoner whose sentence of death that was awarded by..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
....h;For the Appellants. Akram Hossain Amin, Advocate-on-Record—For the Respondent. Criminal Appeal No. 14 of 1999. (From the judgment and order dated 12-8-1998 and passed by the High Court Division in Criminal Appeal No. of 1994) ...... 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. ......ent Md Gholam Rabbani J.- The two appellants who are the full brothers named Nibir Chandra Chowdhury and Goutam Chandra Chowdhury were placed on trial along with their father before the Court of Additional Sessions Judge, Bogra, in Sessions Case No. 30 of 1993 on a charge of..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....o. 2. Not represented—Respondent Nos. I & 3. Civil Petition for Leave to Appeal No. 822 of 1998. (From the Judgment and order dated 13th July 1998 passed by the High Court Division in Writ Petition No. 6120 of 1997). &......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ...... The Constitution of Bangladesh, 1972, Article 102 When the Tribunal case was disposed of on merit without preferring an appeal with the appropriate forum i.e. the Administrative Appellate Tribunal, writ petition before the High Court Division is ..Category: Administrative Law | Date: | Hits: 132
Habibur Rahman Howlader Vs. State and another, 2001, 30 CLC (AD)
....Petitioner Mohammad Ali, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent No. 1. Criminal Petition for Leave to Appeal No. 221 of 2000. (From the Judgment and order dated 29-6-2000 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 1613 of ..................... Respondents Judgment November 7, 2000. Result: The petition is dismissed. The Negotiable Instruments (Amendment) Act, 1994, Section 138 Since a legal notice was served within fifteen days of information of return of the cheques, there was no valid gr...... November 7, 2000. Result: The petition is dismissed. The Negotiable Instruments (Amendment) Act, 1994, Section 138 Since a legal notice was served within fifteen days of information of return of the cheques, there was no valid ground for quashing the proceeding. Lawyer..Category: Business or Commercial Law | Date: | Hits: 117
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....he Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1244 of 1999. (From the judgment and order dated 31-5-1999 passed by the High Court Division in Civil Revision No. 4197of 1997). ......t judgment and decree obtained in Title Suit No. 21 of 1968 is not binding upon the plaintiff but the record of that suit has not been called for and for the purpose finding whether the summons and notice of earlier suit have been served or not perusal of record was necessary but without going th...... The Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found that illegality has been committed in not calling for the reco..Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....n-Record—For Respondent No.2. Ex parte—Respondent Nos. 3 & 4. Civil Appeal No. 26 of 1999. (From the judgment and order dated 7 December 1998 passed by the Hi Court Division Dhaka in First Miscellaneous Appeal No.221 of......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ...... Miscellaneous Appeal No. 221 of 1995 reversing the judgment and order dated 8-7-1995 passed by the Subordinate Judge. First Court, Comilla in Title Suit No. 4 of 1995 arising out of an application for temporary injunction. 2. The appellants as plaintiffs filed Title Suit No..Category: Civil Law | Date: | Hits: 112
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....inudul Islam, Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal Nos. 503 and 508 of 1997. (From the Judgment and order dated 10 April 1997 passed by the High Court Division in Writ Petition Nos. 452 and 564 of 1994). ......n road No. 1 in the lease deeds. It is the strip of vacant land to the south of those commercial plots including plot Nos. 18 and 21 in question which has been divided into sub- plots. It was also noticed in the respective lease deeds that there was no mention of Road No. 1 in the south. The sai......ishing light 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..Category: Constitutional Law | Date: | Hits: 138
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....he petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1159 of 1999. (From the judgment and order dated 21 April 1999 passed by the High Court Division in Writ Petition No. 5002 of 1997). &n......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ......AK Mujibur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1159 of 1999. (From the judgment and order dated 21 Ap..Category: Employment/Service Law | Date: | Hits: 71
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