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Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......; Ahsanuddin Chowdhury J: The petitioner along with one Akkas AH Dafadar faced a trial on three charges viz. under section 148 read with Article II(c) of Bangladesh Collaborators (Special Tribunal) Order, 1972, 364/34 and 302/34 in the alternative under section 30.3/109 B.P.C. ......provides for punishment of specific offence. The evidence bearing on the charge of murder and abduction should be separately considered.” It is regrettable that the learned Judges of the High Court Division failed to notice that the learned Trial Judge formulated four poi..Category: Criminal Law | Date: | Hits: 62
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......ed: Abdur Rahman Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Petitioner. B, Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Special leave to appeal No. 153 of 1977. ( From the judgment and order dated the 9th Novembe......f the petitioner contends that the learned judge of the High Court was not within his jurisdiction to disturb the finding of facts of the Court of appeal below, but it appears that the learned Judge has found that the finding of the lower appellate court was based on conjectures and surmise..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......or Advocate with Khandker Mahbubuddin Ahmed instructed by A. Rob - (2) Advocate-on-Record—For the petitioner. Not represented— For the Respondents. Criminal Petition for Special leave to Appeal No.5 of 1977 (From the Judgment and Order dated 27 th August, 1976 p......gh Court in Criminal Appeal No.3 of 1969) Judgment: Ahsanuddin Chowdhury J: The petitioner K.M. Zaker Hossain faced a trial in the Court of the Special Judge, Pabna on two charges namely, under section 409 of the Bangladesh Penal Code as well as under..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....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. ......is appeal by special leave is from the judgment and order of the High Court Division affirming the order of conviction and sentence passed under section 302/34 Penal Code against the appellant by the Special Tribunal No. 1, Bogra. 2. The appellant along with 11 others were put on trial before th......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)
....s Administrative Officer of the Company. While the appellant was so serving in the company on 31-12-1970, Respondent 2, a trustee of the Provident Fund Trust lodged a complaint before the Sub-Divisional Magistrate, Dacca alleging that the appellant had forged a proceeding of a meeting ......urther ground was that the offence alleged under section 420/511 of the Penal Code was a scheduled offence under the Criminal Law Amendment Act, 1958, and so exclusively cognizable by the Special Judge, appointed under the said Act. The Sessions Judge made a reference to the High C......round was that the offence alleged under section 420/511 of the Penal Code was a scheduled offence under the Criminal Law Amendment Act, 1958, and so exclusively cognizable by the Special Judge, appointed under the said Act. The Sessions Judge made a reference to the High Court for..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......contested the award and sought to have it set but a decree was ultimately passed in to of the award. On appeal, a Division Bench of the High Court affirmed the decree passed by the trial court. 3. Special leave to appeal was granted to consider as to whether the appointment of the umpire made bey......houdhury J.- This appeal by special leave is from a judgment of the erstwhile High Court of East Pakistan in First Appeal No. 133 of 1965 affirming the judgment and decree passed by the Subordinate Judge, First Court, Chittagong in other suit No. 17 of 1958 in terms of an award. 2. The circumst..Category: Business or Commercial Law | Date: | Hits: 86
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. ......l Appeal No. 1 of 1977. (From the judgment and Order dated 24-6-76 passed by the high Court Division in Writ Petition No. 193 of 1975). Judgment Ahsanuddin Chowdhury J.- This is an appeal by Special leave from the Judgment and order of the High Court Division passed in Writ Petition No. 193......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. ..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....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. ......1882 so as to include an auction purchaser within the expression 'person whose interests are affected by the sale." 31. The Patna High Court however appears to have revised its earlier view in the Special Bench case of Mahadeo Ram Vs. Mohan Vikram A.I.R. 1933 Pat. 435 where the majority of ......ated at Pabna town. Respondent No. 3 having obtained a money decree against the said company got the said Cinema Hall put up for sale in execution of the said decree in the First Court of Subordinate Judge Pabna and Respondent No. 1, purchased the said property in auction for a sum of Rs. 3000/..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. ......structed by S.S.Hoda. Advocate-on-Record.—For the Respondent No. 1. Not represented—Respondent Nos. 2—8. Civil Petition for Special Leave to Appeal No. 73 of 1977. (From the Judgment and Order dated the 24th November......cancel the lease in terms of clause 16(1) of the lease deed. The maintainability of writ petition on the ground that a disputed question of title is involved was also set up. 4. The learned Judges of the High Court, on consideration of the respective contentions of the parties, held that ..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. ......principle laid down in Supreme Court decision, referred to above, to the facts of the instant case and in setting aside the earlier order issuing direct commission on the basis thereof. 5. Special leave was granted in this case to consider the extent of jurisdiction of a Court in Banglad......rya J: This appeal by special leave is against an order of a Bench of the High Court Division refusing to interfere, in exercise of its revisional jurisdiction, with an order of a Subordinate Judge setting aside an order previously made by his predecessor, issuing a commission for exam..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. ......Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by S.M. Huq. Advocate-on-Record.—For petitioner. Not represented—For the Respondents. Civil Petition for Special Leave to Appeal No.57 of 1977. (From the Judgment and Order dated the 28th January......er. On revision by the Corporation, a Bench of the Dacca High Court, reversed the decisions of the courts below and thereby rejected the prayer for temporary injunction. 2. The learned Judges held that the Corporation had the jurisdiction to deal with the matter of delinquency o..Category: Procedural Law | Date: | Hits: 107
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. ...... 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 Appeal No. 36 of 1977. (From the Judgment and Order dated 7-1-77 passed by the H...... tallied with the decretal land of the premises and that there could be no bar to the execution of the decree. On an appeal against the said order of the Executing Court, the Court of the subordinate Judge held that the decretal land had bee correctly mentioned in the execution petition and that t..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......which allowed the appeal merely on the basis of the existence of such a custom, as has been found by the learned Chief Justice himself on the assessment of the evidence in Second Appeal. 7. Special leave to appeal was granted in this case, by the Supreme Court of Pakistan to consider the ...... enactment of the Hindu Widow Remarriage Act, 1856 and as such held that the provision of section 2 of the Act was available in her ease. 5. On appeal, the learned Additional District Judge who heard the appeal affirmed the finding of the trial Court that there was no evidence to sh..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. ......cution by the District Magistrate under section 29 of the Arms Act. 2. The appellants Ashraf Ail Sikdar and Amir Ail Gazi faced a trial in G.R. Case No. 463 of 1972 in the Court of the Special Magistrate, Pirojpur. The charge against them was that 11 rounds of bullets were found......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
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. ......;tion Tribunal the appellant moved the Constitution Bench of the High Court Division under Article 102 of the Constitution but the learned Judges summarily rejected the said application. 5. Special leave was granted to consider whether the relief in the instant case was properly give......completely void. Against the said judgment of the Election Tribunal the appellant moved the Constitution Bench of the High Court Division under Article 102 of the Constitution but the learned Judges summarily rejected the said application. 5. Special leave was granted to consider whe..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. ......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. ...... trade union, the agreement which was entered into by the Company and the Trade Union was binding upon the members of the said Union including the employee respondents. 7. The learned Judges of the Dacca High Court came to a further finding that the establishment of Flat clerks and ..Category: Labour and Industrial Law | Date: | Hits: 138
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. ......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. ......o the owners the sale figure of twenty-four months prior to the date of the notice under section 5 (la) of the Act should, have been taken into consideration. The learned District Judge as Arbitrator dismissed the arbitration case. The owner-respondents preferred an appeal,..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
.... Ahsanuddin Choudhnry J: In this appeal by special leave the point for consideration is: Whether the G. R. Case No. 255 of 1973, pending in the Court of the Sub-Divisional Magistrate (N), Barisal in which occurrence took place on 4. 8. 1973 but charge-sheet w......currence took place on 4. 8. 1973 but charge-sheet was Submitted on 20. 7. 1974 and cognizance was taken on 31. 8. 1974 under President's Order No. 50 of 1972 (after its repeal on 9. 2. 1974 by the Special Powers Act XIV of 1974 (hereinafter referred to as the Act) can be tried under Preside......2/109, Penal Code read with Article 2(4) of P. O. 50. The accused were taken in to custody. Their prayer for bail was rejected, both by the Sub-Divisional Magistrate as well as by the Sessions Judge, Barisal. 3. The accused moved the High Court Division for quashing the aforesaid proc..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....of declaring a certain area outside municipal or cantonment areas to be an urban area solely to the discretion of the Government. It may also be mentioned that under Article 8(2) of the Order, the Divisional Commissioner was given the power to divide the urban and rural areas of Thana within his......appellants liable for the taxes prior to the notification dated 16-2-64. The High Court of East Pakistan dismissed the said petitions negativing all the contentions of the appellants. Special Leave to appeal was granted by the Supreme Court of Pakistan to consider the following que......the impugned Notification by which the said Act was purported to have been extended to the said village' Sholashahar was without any lawful authority. According to the learned counsel, the learned Judges of the High Court having failed to properly notice the well-know rules of construction of a ..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. ......e Munsif and dismissed the appeals. The Government and the lessees filed two revision applications which were heard analogously by a Single' judge of the High Court Division. 6. The learned Judge found the existence of the Noapara hat, but differed with views of the courts below that the ..Category: Civil Law | Date: | Hits: 106
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