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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.......ahmud Husain CJ Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul Khaleque and ors.................................. Respondents. (In C. A. Nos. 1 and......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)

....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 ......t) 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 Abu Nayeem, Advocate instructed by......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. ..

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. ......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)

....;…………………………….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...... 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—For the Peti­tioner....... 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. ..

Category: Civil Law | Date: | Hits: 106

Bangladesh Small Industries Corpora­tion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)

....: 29 DLR (SC) 41. ......sent: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Bangladesh Small Industries Corpora­tion, Dacca..............Appellant Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: T......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 validit......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. ..

Category: Employment/Service Law | Date: | Hits: 170

Managing Direc­tor, Janata Bank Vs. Hafijuddin Ah­med and others, 1977, 6 CLC (AD)

....dent No. 1 who was an employee of a (The Appeal is being reported later on) statutory Corporation was governed by the law of Master and Servant, and whether in absence of any rule framed under the Bangladesh Bank (Nationalisation) Order, 1972 (President's Order No. 26 of 1972), the suit maintain......ud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Managing Direc­tor, Janata Bank .................Appellant Vs. Hafijuddin Ah­med and others .....................Respondents Judgement ......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)

.... The Writ Bench of the High Court Division found that all the detention orders had been made with a view to preventing the detenu from acting in a manner prejudicial to the security or interest of Bangladesh or the public safety or the maintenance of law and order." 3. It was conten......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...............................Petitioner Judgment &......p;  December 7, 1976. Lawyers Involved: Sultan Hussain Khan, Deputy Attorney General instructed by Abu Backkar, Advocate-on-Record —For the Petitioner. Miah Abdul Gafur, Advocate (on permission) —For the Respondent. Petition for Special Leave...... 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. ..

Category: Criminal Law | Date: | Hits: 69

Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)

.... Appellate Division (Civil) Present: Syed A.B. Mahmud Hussain C J Ahsanuddin Chowdhury J  Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and....... Mahmud Hussain C J Ahsanuddin Chowdhury J  Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. ......ussain C J Ahsanuddin Chowdhury J  Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. ......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. ..

Category: Property Law | Date: | Hits: 135

Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)

....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ...... Ed. ............................. Appellant Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed and others. ………..Respondents Judgment August 18, 1976 Lawyers Involved: Abdul Malek, Advocate instructed by S. M. Huq, Advocate-on-Record—For the Appellant. Md. Yeasin......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..

Category: Tenancy Law | Date: | Hits: 76

Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)

....cle 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 read with Part II of the Schedule to the aforesaid President's Order 8 of 197......anuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Hafez Abul Khair and another................................. Appellants Vs. The State………………………&hell......olved: T. H. Khan, Advocate with Rabeya Bhuiyan, Advocate, instructed by S. M. Huq, Advocate-on- Record—For the Appellant. Faqeer Shahabuddin Ahmed, Attorney-Gene­ral, with Abdul Wadud Bhuiyan, Assistant Attorney-General instructed by B. Hossain, Advocate-on-Record—...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..

Category: Criminal Law | Date: | Hits: 61

Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)

....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. ......bsp;   Md. Ruhul Amin J   Md. Fazlul Karim .J   Ansar (Md) Chan Mia.........................................Petitioner   Vs.   State....................................................Respondent &n......d the dead body of driver Siddique Bhuiyan in the driver’s seat and that he held inquest on that very night and sent the dead body to the morgue at Narayàngonj under the escort of PW 4 Abdul Awal.   4. PW 1, brother of PW 2, having had message over the telephone at......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. ..

Category: Criminal Law | Date: | Hits: 74

Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)

....                          Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Dhaka...... ............Petition......p;     Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Dhaka...... ............Petitioner   Vs.   Member, Administrative Tribunal, Dhaka and others...............................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. ......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. ..

Category: Administrative Law | Date: | Hits: 132

Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)

....   Md. Golam Rabbani J   Md. Ruhul Amin J   Ziauddin Ahmed and others..............Appellants   Vs.   Arab Bangladesh Bank and others.............Respondents    Judgment &nbs...... Mainur Reza Chowdhury J   Md. Golam Rabbani J   Md. Ruhul Amin J   Ziauddin Ahmed and others..............Appellants   Vs.   Arab Bangladesh Bank and others.............Respondents  &nbs......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. ......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. ..

Category: Civil Law | Date: | Hits: 112

Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)

.... Choudhury J Mainur Reza Chowdhury J Syed Abdur Rahim.............................................. Petitioner Vs. Secretary, Ministry of Works, Government of Bangladesh and others...........Respondents Judgment December 7, 2000. The...... Present: Latifur Rahman CJ Mahmudul Amin Choudhury J Mainur Reza Chowdhury J Syed Abdur Rahim.............................................. Petitioner Vs. Secretary, Ministry of Works, Government of Bangladesh and others...........Respondent......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ..

Category: Constitutional Law | Date: | Hits: 138

Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)

....d. Gholam Rabbani J   Md. Ruhul Amin J   Habibur Rahman Khan (Md)...................................... Petitioner   Vs.   Bangladesh, represented by the Secretary & other....... Respondents   Judgme......J   Md. Gholam Rabbani J   Md. Ruhul Amin J   Habibur Rahman Khan (Md)...................................... Petitioner   Vs.   Bangladesh, represented by the Secretary & other....... Respondents ......iculation Certificate.   5.  The submission for leave has no merit.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 105. ......iculation Certificate.   5.  The submission for leave has no merit.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 105. ..

Category: Employment/Service Law | Date: | Hits: 71

Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)

....erlocutory matter.   With this observation this petition is disposed of.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 104. ...... Md. Gholam Rabbani J   Md. Ruhul Amin J   Md. Fazlul Karim J   Abdul Mannan Miah...................... Petitioner   Vs.   Solaiman Miah (Md)....................... Respondent   ......Choudhury CJ   Mainur Reza Chowdhury J   Md. Gholam Rabbani J   Md. Ruhul Amin J   Md. Fazlul Karim J   Abdul Mannan Miah...................... Petitioner   Vs.   So......erlocutory matter.   With this observation this petition is disposed of.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 104. ..

Category: Intellectual Property Law | Date: | Hits: 224

Abdul Khaleque Vs. State, 2001, 30 CLC (AD)

....ble doubt at the trial and appeal.   The petition is therefore dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ......sp;                      Abdul Khaleque.............Petitioner   Vs.   State............. Respondent   Judgment   ......sp;                                Abdul Khaleque.............Petitioner   Vs.   State................ble doubt at the trial and appeal.   The petition is therefore dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ..

Category: Criminal Law | Date: | Hits: 67

Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)

....;                              Government of Bangladesh and others............................. Petitioners   Vs. &nbs......                Government of Bangladesh and others............................. Petitioners   Vs.   Md. Hafizur Rahman and another................................... .Responde.......   We accordingly dismiss the petition, the delay having been condoned.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 99. .......   We accordingly dismiss the petition, the delay having been condoned.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 99. ..

Category: Property Law | Date: | Hits: 57

Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)

.... and others......................................... Respondents   Judgment   May 30, 2001.   The Constitution of Bangladesh, 1972, Article 102   The Union Parishad (Election) Rules, 1983, Rules ......lam Rabbani J   Md. Ruhul Amin J   Md. Fazlul Karim J   Mozibur Rahman Moznu (Md)...........................Appellant   Vs.   Abdul Halim and others......................................... Respondent......sp; Md. Ruhul Amin J   Md. Fazlul Karim J   Mozibur Rahman Moznu (Md)...........................Appellant   Vs.   Abdul Halim and others......................................... Respondents   Ju......ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ..

Category: Election Law | Date: | Hits: 124

Sultana Jute Mills Ltd. Vs. Court of Subordinate Judge and Artha Rin Adalat & others, 2001, 30 CLC (AD)

....ner Vs. Court of Subordinate Judge and Artha Rin Adalat and others.................. Respondents Judgment June 3, 2001. Result: The petition is rejected. The Constitution of Bangladesh, 1972, Article 103 The terms and conditions of compromise are the matters of evidence......Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Sultana Jute Mills Limited.................... Petitioner Vs. Court of Subordinate Judge and Artha Rin Adalat and others.................. Respondents ......fore the trial court with liberty to adduce evidence. With that observation this petition is disposed of on condonation of delay. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 91. ......fore the trial court with liberty to adduce evidence. With that observation this petition is disposed of on condonation of delay. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 91. ..

Category: Civil Law | Date: | Hits: 109