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Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....ewan because he with his family and nephews, having gone there, had joined Mukti Fauz. In prosecution of their search the Pakistan Army on Sunday, the first of Sraban 1378 B. S. at about 10 or 11 A.M. came to the village of Abdul Jabbar Dewan along with the appellant and his associates. They then ......ewan because he with his family and nephews, having gone there, had joined Mukti Fauz. In prosecution of their search the Pakistan Army on Sunday, the first of Sraban 1378 B. S. at about 10 or 11 A.M. came to the village of Abdul Jabbar Dewan along with the appellant and his associates. They then ......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)
....Md. A. Aziz, Advocate-on-Record—For the Appellant. Sultan Hossain Khan, Deputy Attorney General instructed by Abdur Rab-I, Advocate-on- Record—For the Respondent No. 1. S. M. Huq, Advocate-on-Record-For the Respondent No. 2. Criminal Appeal No 8 of the 1976. ......Md. A. Aziz, Advocate-on-Record—For the Appellant. Sultan Hossain Khan, Deputy Attorney General instructed by Abdur Rab-I, Advocate-on- Record—For the Respondent No. 1. S. M. Huq, Advocate-on-Record-For the Respondent No. 2. Criminal Appeal No 8 of the 1976. ...... 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. ...... 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. ..Category: Employment/Service Law | Date: | Hits: 81
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....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. ......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. ......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. ......e trial court or the Appellate Court except in exceptional circumstances. In this connection reference may be made to the following observation of the Supreme Court of Pakistan in the case of Abdur Rahman Vs. State (1961) 13 DLR (SC)—PLD 1960 (SC) 401: "This Court has on numerous occasions ..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....d. 250; Murugappa Chattira Vs. Kunnammai Achi, AIR 1959 Mad. 76 ; T.S. Saliappan Vs. Subbiah Pillai, AIR 1963 Mad. 156 ; Official Receiver Vs. Vcrrappa Chettiar, AIR 1943 Mad. 199 ; S.K. Sundaram Vs. M. Joshi Rajamannar Chettiar, AIR 1973 Mad. 166 ; Birij Mohan Thakur Vs. Rao Uma Nath Chowdhury, LR ......d. 250; Murugappa Chattira Vs. Kunnammai Achi, AIR 1959 Mad. 76 ; T.S. Saliappan Vs. Subbiah Pillai, AIR 1963 Mad. 156 ; Official Receiver Vs. Vcrrappa Chettiar, AIR 1943 Mad. 199 ; S.K. Sundaram Vs. M. Joshi Rajamannar Chettiar, AIR 1973 Mad. 166 ; Birij Mohan Thakur Vs. Rao Uma Nath Chowdhury, LR ......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. ......d. 84; Raghabachariar Vs. Murugesa Mudali AIR 1933 Mad. 635; Basanta Kumar vs. Mihirlal AIR 1968. Cal. 604; Manilal Mohan Lai vs. Sajdu Ahmad AIR. 1954 SC 349; S.M. Yousuf and another Vs. Kh. Hafizur Rahman and others 36 DLR 124. Lawyers Involved: Syed A.N.M. Nasiruddin, Advocate-o..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....hers................. Respondents Judgment April 12, 1977. 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 ......hers................. Respondents Judgment April 12, 1977. 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 ......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. ..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....sp; April 15, 1977. Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M. Huq, Advocate on Record—For the Appellants. K......sp; April 15, 1977. Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M. Huq, Advocate on Record—For the Appellants. K......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. ......bsp; April 15, 1977. Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M. Huq, Advocate on Record—For the Appellants. Khandk..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
.... and others…………………Respondents Judgment March 2, 1977. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by S.M. Huq. Advocate-on-Record.—For petitioner. Not represented—For the Respondents....... and others…………………Respondents Judgment March 2, 1977. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by S.M. Huq. Advocate-on-Record.—For petitioner. Not represented—For the Respondents.......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)
....rd. Md. A. Aziz, Advocate-on-Record— For the Respondents. Civil Petition for Special Leave to Appeal No. 36 of 1977. (From the Judgment and Order dated 7-1-77 passed by the High Court in S.M.A No.28 of 1976). Judgment: D. C. Bhattacharya J.- This petition for special leave which......rd. Md. A. Aziz, Advocate-on-Record— For the Respondents. Civil Petition for Special Leave to Appeal No. 36 of 1977. (From the Judgment and Order dated 7-1-77 passed by the High Court in S.M.A No.28 of 1976). Judgment: D. C. Bhattacharya J.- This petition for special leave which......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. ......m J Haji Abdul Motalib Sowdagar...................Petitioner Vs. Faiz Ahmed Chowdhury and others…………….Respondents Judgment March 22, 1977. Cases Referred to- Golamar Rahman vs. Sm. Emratannissa (1970) 22 DLR 126 ; PLD 1957 Dacca 372; A. Motaleb vs. Mst. Rezia 22 DLR..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....bsp; ......bsp; ......nbsp; ......nbsp; ..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....ne 14, 1976. Lawyers Involved: Md. Meser Ali, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Appellants. A. T. M. Afzal, Deputy Attorney-General, instructed by B. C. Panday, Advocate-on-Record—For the Re......ne 14, 1976. Lawyers Involved: Md. Meser Ali, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Appellants. A. T. M. Afzal, Deputy Attorney-General, instructed by B. C. Panday, Advocate-on-Record—For the Re......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)
....M/s. Sree Kundeswari Aushadhalaya………...Respondent (In Appeal No. 13 of 1975) M/s. Sakti Aushadhalaya (P) Ltd………………………………Respondent (In Appeal No. 24 of 1976) Mr. M.A. Quddus for M/s. Ayurvedic Kutir .......Respondent (In Appeal No. 25 of 1975) Judgment F......M/s. Sree Kundeswari Aushadhalaya………...Respondent (In Appeal No. 13 of 1975) M/s. Sakti Aushadhalaya (P) Ltd………………………………Respondent (In Appeal No. 24 of 1976) Mr. M.A. Quddus for M/s. Ayurvedic Kutir .......Respondent (In Appeal No. 25 of 1975) Judgment F......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)
....volved: Khondkar Mahbubuddin Ahmad, Md. Abdur Rouf, Advocate Khademul Islam Chowdhury, instructed by A. Rab-II Advocate-on-Record- For the Appellant. T.H. Khan, Sr. Advocate, with A.KM. Shafiqur Rahman, Advocate, instructed by M. R. Khan, Advocate-on Record—For Responden......volved: Khondkar Mahbubuddin Ahmad, Md. Abdur Rouf, Advocate Khademul Islam Chowdhury, instructed by A. Rab-II Advocate-on-Record- For the Appellant. T.H. Khan, Sr. Advocate, with A.KM. Shafiqur Rahman, Advocate, instructed by M. R. Khan, Advocate-on Record—For Responden......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. ...... Khondkar Mahbubuddin Ahmad, Md. Abdur Rouf, Advocate Khademul Islam Chowdhury, instructed by A. Rab-II Advocate-on-Record- For the Appellant. T.H. Khan, Sr. Advocate, with A.KM. Shafiqur Rahman, Advocate, instructed by M. R. Khan, Advocate-on Record—For Respondents No. 1 and..Category: Others | Date: | Hits: 141
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....eneral with B. B. Roy Choudhury, Assistant 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-Re......eneral with B. B. Roy Choudhury, Assistant 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-Re......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. ......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. ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....73 (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. No. 84 of 1974; Sabjee Aii vs. State, Cri. Rev, No. 470 of 1974; A.K.M. Rabbani vs. State, Cr......73 (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. No. 84 of 1974; Sabjee Aii vs. State, Cri. Rev, No. 470 of 1974; A.K.M. Rabbani vs. State, Cr......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. ......; Sabjee Aii vs. State, Cri. Rev, No. 470 of 1974; A.K.M. Rabbani vs. State, Cri. Rev. 584 of 1974 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..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....957 (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. Khandker, Senior Advocate, with Syed Mozaffar Hossain, Advocate, instructed by M.R. Khan, Adv......957 (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. Khandker, Senior Advocate, with Syed Mozaffar Hossain, Advocate, instructed by M.R. Khan, Adv......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 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... 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. ...... 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. ...... 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. ...... J Serajuddin Bepari & ors……………………………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh and ors. ...........Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....R 1937 PC 31 ; Kruse Vs. Johnon, (1898) 2 QB 91; Mafatlal Narandas Barai Vs. J. D. Rakbod, Divisional Collector State Transport and another, AIR 1966 SC 1364; The High Commissioner for India Vs. I. M. Lall 75 Ind. App. 225 = AIR 1948 PC 121; State of Orissa Vs. Dr. (Miss) Binapani Dei, AIR 196......R 1937 PC 31 ; Kruse Vs. Johnon, (1898) 2 QB 91; Mafatlal Narandas Barai Vs. J. D. Rakbod, Divisional Collector State Transport and another, AIR 1966 SC 1364; The High Commissioner for India Vs. I. M. Lall 75 Ind. App. 225 = AIR 1948 PC 121; State of Orissa Vs. Dr. (Miss) Binapani Dei, AIR 196......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. ......ers coming up for decision before the Transport Authority which was to decide in accordance with what they conceived to be larger public interest. It was, however, noticed in the judgment of S A. Rahman, J. delivered in Messrs Faridsons Ltd’s case that the Judicial Committee of the Privy Cou..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
.... May 7, 1976. Lawyers Involved: Rafique-ul Huq, Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. T. H. Khan, Sr Advocate, instructed by Mr. M.A. Baqui Maliik, Advocate—For the Respondent No. 1. Ex-parte—Respondent Nos 2 ...... May 7, 1976. Lawyers Involved: Rafique-ul Huq, Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. T. H. Khan, Sr Advocate, instructed by Mr. M.A. Baqui Maliik, Advocate—For the Respondent No. 1. Ex-parte—Respondent Nos 2 ......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. ..Category: Employment/Service Law | Date: | Hits: 70
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... Appellate Division (Civil) Present: Syed A.B Mahmud Husain C J Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J A.K.M. Muklesur Rahman........................Respondent Vs. Govt. of Bangladesh.......... Appellate Division (Civil) Present: Syed A.B Mahmud Husain C J Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J A.K.M. Muklesur Rahman........................Respondent Vs. Govt. of Bangladesh.......... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ...... Division (Civil) Present: Syed A.B Mahmud Husain C J Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J A.K.M. Muklesur Rahman........................Respondent Vs. Govt. of Bangladesh..................Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
.... vs. Ma Pin. L.R. 61 LA. 158 same case A.I.R. 1934 P. C. 81 same case 38 C.W.N. 449; Hem Singh & ors. Vs. Basanta Das and another, L.R. 63 LA. 180 same case 40 C.W.N. 610 and AIR 1936 PC 93; R.M.A.R.A. Adaikappa Chettiar & anr. Vs. R, Chandrasakhare Thever, L.R. 74 LA. 264 same case 52 C...... vs. Ma Pin. L.R. 61 LA. 158 same case A.I.R. 1934 P. C. 81 same case 38 C.W.N. 449; Hem Singh & ors. Vs. Basanta Das and another, L.R. 63 LA. 180 same case 40 C.W.N. 610 and AIR 1936 PC 93; R.M.A.R.A. Adaikappa Chettiar & anr. Vs. R, Chandrasakhare Thever, L.R. 74 LA. 264 same case 52 C......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......nal Court within the meaning of the Code so as to make his order appealable under the said Code without any provision in that behalf in the statute constituting him a criminal court. Hamoodur Rahman, J (as he then was) who delivered the judgment of the Bench stated the law in the following..Category: Property Law | Date: | Hits: 135
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