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Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....upreme Court Appellate Division (Criminal) 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 Ju......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. ......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)
....t Judgment February 23, 1977. Lawyers Involved: Md. Ansar Ali, Advocate, instructed by Md. A. Aziz, Advocate-on-Record—For the Appellant. ...... 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. ...... Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....14 DLR (SC) 81 (86) = PLR 1962 (SC) 102 (106); Hari Vishnu vs. Ahmed Ishaque AIR 1955 (SC) 233, Syed Yakoob vs. Radha Krishnan AIR 1964 (SC) 477. Lawyers Involved: Mainul Hossain, Advocate with Md. Joynal Abedin, Advocate, Mozammel Huq Khan, Advocate—For the Appellant. Sultan Hossain Khan......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 ...... 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)
.... cream He Bank Ltd. Vs. SardarKishan Singh, AIR 1963 Pun. 230; Income Tax, AIR 1955 S.C. 74 ; Shyamlal Vs Jagannath, AIR 1969 Cal 424; Fhtcrotts case (1883) 21 Ch. 519 (CA.); Abdur Rahim Vs. Syed Abu Md. Bark at AH LR55 IA 96—32 CWN 482-AIR 1928 ' P.C 16— ILR Cal. 519 ; Asmatunnessa Begum Vs. As......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......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)
....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. ......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. ......d. Ed. ..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....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. ......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......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 Industries Corporation and others, 1977, 6 CLC (AD)
....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. ......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)
.... Borough Council 1951(1) All E.R, 587. Lawyers Involved: M, H. Khandker, Senior Advocate — For the Petitioner. Mian Abdul Gafur, Advocate, instructed by B.C. Pandey, Advocate-on-Record. Md. A. Aziz, Advocate-on-Record— For the Respondents. Civil Petition for Special Leave to Appea......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...... this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....ll. 617; Union Bank Ltd., Vs. Mst. Ram Rati, AIR 1954 All. 595; Maniram Kolita vs. Keri Kolitani, LR 7 IA 115: ILR 5 Cal. 776; 19 WR 367—13 BLR 1 (FB). Lawyers Involved: Md. Golam Rabbani, Advocate, instructed by B. C. Panday, Advocate-on-record—for the Appellant......nbsp; ......nbsp; ......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)
....ondent Judgment June 14, 1976. Lawyers Involved: Md. Meser Ali, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Appellan......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. ...... 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
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....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. ......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. ......e 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)
.... Judgment December 8, 1976. Lawyers Involved: Khondkar Mahbubuddin Ahmad, Md. Abdur Rouf, Advocate Khademul Islam Chowdhury, instructed by A. Rab-II Advocate-on-Record- For ......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...... 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)
....istant 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-Record.—For the Appellant. ......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. ...... 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)
....4 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. Fazlul Karim, Advocate with Abul n, Advocate, instructed by B. C. Panday, ate-on-Re......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......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)
....e 157; Attorney General vs. Prince Ernest Augustus of Hanover, 1957 A.C. 436 same case 1957 (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. Khand......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. ......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)
....-General, with A. W. Bhuiyan, Assistant Attorney-General, instructed by B, Hossain, Advocate-on-Record—For Respondent Nos. 7-8. Khandker Mahbubuddin Ahmed, Advocate, instructed by Md. Shafiqur Rahman, Advocate —For Respondent Nos. 1-6. In C.P. No. 4of 1977. ...... 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. ...............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 Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... on the ground of the violation of the principle of natural justice. 90. Learned Attorney-General has also cited an unreported decision of the High Court Division of this Court in the case of Dr. Md. Abdul Muttalib Vs. University of Dacca and others, to which one of us was a party, where the val......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...... Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....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. ......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. ....... Ed. ..Category: Employment/Service Law | Date: | Hits: 70
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... 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. ...... 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...................... Ed. ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....s, L.R. 63 IA 180. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with M/S. Ronadhir Sen, Deputy Attorney-General, Abdul Wadud Bhuiyan, Assistant Attorney-General, Md. Ismailuddin Sarker, Assistant Attorney-General (appeared on 21-8-75) instructed by A.W. Mian. ......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...... Ahsanuddin Chowdhury J Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Re..Category: Property Law | Date: | Hits: 135
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