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Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....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. ......ent seems to be of no substance on the very face of it. But Mr. Khondker with great persistence tried to add some amount of plausibility to such a patently wrong proposition by reference to some case law and the English principle relating to a statutory tenant. 6. The basic contention of the le..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......llas. The trial Court, however, in its judgement noticed that when the case of Bhola Umar vs. Mst. Kausilla came back to the Division Bench for disposal after the Full Bench had laid down the law as aforesaid in A.I.R. 1932 All 617, the Division Bench (Young and Niyamatuliah, JJ.) in expla..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....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. ...... the appellants was held for an offence under the Arms Act or for an offence under article 2(4) of President's Order No. 50 of 1972 and if the trial was held under the latter provisions of the law whether it was necessary to follow the procedure laid down in the Arms Act. It appears fr..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....appeals are heard together as both facts and law are the same. The consideration is the vires of a Notification dated 19th December, 1974 issued by the Ministry of Finance (National Board of Revenue) amending rule 15 of the Rules framed under section 86(2) of the Bengal Excise Act, 1909 (Bengal Act ......er dated 10th June,1975 passed by the High Court Division in writ petition Nos.26,27 and 34 of 1975). Judgment Kemaluddin Hossain J.- These three appeals are heard together as both facts and law are the same. The consideration is the vires of a Notification dated 19th December, 1974 issued ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....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. ......nable, that the same was barred under Rules 56, 59, 63 and 61 of the Union Parishad & Paurashava (Election) Rules, 1973 and that the election in question was held peacefully in accordance with law, that there was no disturbance or firing at the centre of Ward No. 3 that the election of ..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ......abour (Standing Orders) Act, 1965 (hereinafter referred to as the Standing Orders Act alleging, inter alia, that the retrenchment orders were malafide and collusive and nor in accordance with law, that the Union had no locus standi to enter into any agreement on behalf of the said retr..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
.... was introduced by Ordinance 111 of 1965, giving it a retrospective effect from 15. 8. 63. It is true that in the present case, the reference was made to the Arbitrator some time in 1966, when the amending Ordinance No. Ill of 1965 had come into operation, but the correct view of law is that the......ed by the High Court Division in F. M. A. No. 22ofl972). Judgment: Kemaluddin Hossain, J.—These three appeals are heard together as a common question of law is involved. Appeals No. 1 and 2 of 1975 arise out of a single award dated 31. 12. 69 made by a..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. ......Karim, the learned counsel for the appellants argued in support of the appeal. Mr. Rafiqul Huq and Mr. Moinul Hossein, learned counsel on permission sought by them also addressed us on the point of law involved in this appeal. Mr. Fazlul Karim contended that the High Court Division misconstrued ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....emed to have been done, taken, passed or issued under the said Act, as amended by this Act and shall have and shall be deemed always to have had effect accordingly." 5. After the amending Act had come into force as aforesaid, fresh notices were served upon the appellants seekin......notices were challenged by the appellants before the High Court of East Pakistan by means of writ petitions under Articles 98 of the then Pakistan Constitution, as having been made without any lawful authority, on the contentions, inter alia, that the Urban Immovable Property Tax Act being ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....a letter. The ground of dismissal was that, since he was not registered in terns of paragraph 2 of Schedule 2 to the Regulation made under section 1(1) of the Education (Scotland) Act, 1956 and the amending Regulation 4(2) of the Schools (Scotland) Code 1956, his continued employment would have be......he High Court Division on consideration of the affidavits declared the impugned order dated 31-5-1973 dismissing the respondent from the service of the Corporation to have been passed without lawful authority and of no legal effect. 4. The appellant-corporation moved this Division for sp..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. ......d to consider the question whether the service contract of the respondent 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 (Nat..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. ......by the Officer-in Charge of Lakshmipur P. S. to the effect that he was engaged in prejudicial act encouraging "and inciting interference with the administration and maintenance of law and order in the locality and thereby violated the provisions of sub-clause (d) of clause 4 of..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....tances, shall be final. Under section 87(2) every award of the Tribunal shall be enforced by the Civil Court of competent jurisdiction as if it were a decree of that court. 45. By the amending Ordinance of 1958 (East Pakistan Ordinance No. LXIX of 1958) section 93 A was inserted in ...... on 3.10.1963. Since the last mentioned notices were published after the amendment by Ordinance III of 1965, the learned Attorney-General has rightly abandoned the point, as the governing law will be two years average in terms of the amended law and in force before the final publication..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. ......r. He did not also deposit the transmission cost while he deposited the rent with the Rent Controller. In these circumstances the learned counsel urged that the appellant was not required under the law to bring to the notice of the Rent Controller that the respondent tenant in an affidavit filed b..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. ......nor to an offence under section 302 B.P.C, So the conviction of the appellants under section 364/34 in the absence of a charge thereunder invoking the aid of section 238 Cr.P.C. is bad in law and cannot be sustained. 6. The learned Counsel in support of his contention that there ..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. ...... No. 31. 3. PW 6, assistant sub inspector attached to Sonargaon Police Station (PS) and PWs 4, and 8 constables attached to Sonargaon PS who along with some other personnel of law enforcing agency were on patrol duty on the Dhaka Chittagong High Way at 2-45 hours the night ..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. ......needed to deter or correct the offender; or (c) the victim requires pecuniary help from the offender. 12. Considering the law, fact and circumstances as discussed above, we find that the conviction must be altered and the..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. ......y, for public interest the order of retirement was passed under the Public Servants (Retirement) Act, 1974 He submits that the High Court Division committed wrong in discharging the Rule when. the law on this point is, settled and when the Government took the aforesaid decision in public interes..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. ......ate Court found to be illegal but the Court Division overlooked this aspect of the matter. It is also submitted that the appellate Court found that the plaintiff in collusion with the engaged lawyer of the defendant practiced fraud upon the trial Court when the learned Advocate for the defe..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. ...... and sentence of the accused petitioner. The first ground was that in the first information report the time of death was stated at 8-30 PM while PW 4 and PW 5 who were respectively the daughter-in-law and minor son of the deceased deposed that Asia died at the time of Zohr prayer. Second ground w..Category: Criminal Law | Date: | Hits: 67
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