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Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)

....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. ......llip;……………………………….. Respondents. (In C. A. No. 26 of 1976) Judgment Feb. 11, 1977. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General with B. B. Roy Choudhury, Ass......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)

....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. ......ate, 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.   Fazlul Karim, Advocate with Abul n, Advocate, instructed b......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)

....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. ......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. Khandker, Senior Advocate, with Syed Mozaffar Hossain, Advocate, inst......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

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

....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. ......n and others Vs. Rustom Ali and others, 19 DLR (SC) 186 = PLD 1966 (SC) 848; Eastern Mercantile Bank Ltd. Vs. Mohammad Shamsuddin 21 DLR (SC) 368; Secretary EPIDC Vs. Serajul Haq 22 DLR (SC) 284. Lawyers Involved: Faqeer Shahabuddin Ahmad, Attorney-Ge­neral, instructed by S. M. Huq, Advocat......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)

....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. ...... Managing Direc­tor, Janata Bank .................Appellant Vs. Hafijuddin Ah­med and others .....................Respondents Judgement May 7, 1976. Lawyers Involved: Rafique-ul Huq, Advocate, instructed by B. Hossain, Advocate-on-Record&mda......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)

.... 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. ......ovt. of Bangla­desh...............................Petitioner Judgment               December 7, 1976. Lawyers Involved: Sultan Hussain Khan, Deputy Attorney General instructed by Abu Backkar, 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. ..

Category: Criminal Law | Date: | Hits: 69

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

....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. ......ash;AIR 1922 P.C. 80; Lenhon Vs. Gibson and Howes Ltd. 1919 A.C. 709; Secre­tary of State for India Vs. Chelikani Rama Rao, L.R. 43 LA. 193 and Hem Singh vs. Basant Das, L.R. 63 IA 180. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-Gene­ral with M/S. Ronadhir Sen, De......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. ......es.......................................... 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 App......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)

.... 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. ......173 & Sher Ali Vs. State (1958) 10 DLR 374 ; Akam Sheikh Vs. Emperor. AIR 1947 Cal. 35; Kalaporla vs. Hyderabad Court, AIR 1953 Hyd. 249; Begu & ors. Vs. King Emperor, AIR 1925 130. Lawyers Involved: T. H. Khan, Advocate with Rabeya Bhuiyan, Advocate, instructed by S. M. Hu...... 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. ......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. ......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

Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)

.... 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. ......nd thus they committed culpable homicide not amounting to murder under part II of section 304 of the Penal Code. ……………………( 9 & 10) Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record—For the Appellants. ...... 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. ..

Category: Criminal Law | Date: | Hits: 59

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

....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. ......th the appropriate forum i.e. the Administrative Appellate Tribunal, writ petition before the High Court Division is not maintainable……………(6)   Lawyers Involved:   B Hossain, Advocate-on-Record—For the Petitioner ......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

Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)

....for our interference.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......lso found that illegality has been committed in not calling for the record of the earlier Title Suit No. 21 of 1968 over which the present suit has been filed……..(4)   Lawyers Involved:   Abul Quasem, Advocate-on-Record—For the Petitioner. ......for our interference.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..

Category: Property Law | Date: | Hits: 74

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.   ......losing the death due to poisoning subsequently finding the death caused due to injuries being homicidal in nature, there is no bar in filing a second FIR stating the real cause of death. Lawyers Involved:   Md. Nawab Ali, Advocate-on-Record-For the Petitioner &......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

Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)

....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 100. ......court can not be considered beyond the law whenever offence on the same transaction falls on different categories as per law triable by separate courts with separate jurisdiction.   Lawyers Involved:    Sk Afzalur Rahman, Advocate instructed by Nawab Ali, Advo......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 100. ..

Category: Criminal Law | Date: | Hits: 65

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

....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. ...... not be delayed to frustrate the process of the election and their such absence shall not render the election process unlawful………(22 & 23)      Lawyers Involved:   Rafique-ul-Huq, Senior Advocate, instructed by Md. Aftab Hos......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

Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)

.... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... take necessary action to conduct the company’s affairs in the manner prescribed in the articles of association, committed no illegality by passing the order……(9)   Lawyers Involved:   AFM Hasan Arif, Advocate, instructed by Sharifuddin Chakiade...... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ..

Category: Business or Commercial Law | Date: | Hits: 95

Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)

....ence.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......tion of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference.    Lawyers Involved:   MA Jalil, Advocate, instructed by Md Nawab Au, Advocate-on-R......ence.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ..

Category: Procedural Law | Date: | Hits: 82

Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)

.... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ......nbsp; Cases Referred to-   Bangalore Medical Trust vs. BS Muddappa AIR 1991 (SC) 1902; Giasuddin vs. Dhaka Municipal Corporation 1997 BLD 577.   Lawyers Involved:   Mahmudul Islam, Senior Advocate, (KM Saifuddin, Advocate...... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)

....issued in the said Writ Petition stands discharged.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 77.   ......fore the order of confiscating the goods in the absence of the show-cause notice under the section could not make the order of confiscation as illegal……(9)     Lawyers Involved:   Mahbubey Alam, Additional Attorney-General, instructed by Su......issued in the said Writ Petition stands discharged.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 77.   ..

Category: Business or Commercial Law | Date: | Hits: 99