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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. ......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. ......nbsp; Lawyers Involved: Md. Meser Ali, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Appellants. A. T. M. Afzal, Deputy Attorney-General, instructed by B. C. Panday, Advocate-on-Record—For the Respondent. Cri...... 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)
....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. ......age of spirit strength. The amended rule reduced the spirit strength from 42% to 25%. It appears that these Ayurvedic preparations use a process of fermentation and distillation, and manufacture them according to the recipe and direction set out in Arkaprokash, Ayurved sangraha and Vaisaja Ratnabali......Respondent (In Appeal No. 24 of 1976) Mr. M.A. Quddus for M/s. Ayurvedic Kutir .......Respondent (In Appeal No. 25 of 1975) Judgment February 2, 1977. Lawyers Involved: K A Bakar, Attorney-General with M/S Sultan Hossain Khan, Deputy Attorney-General A.Wadud Bhuiyan, Assistant Atto......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)
....t Division, on account of two infirmities, namely, the absence of a proper election petition as contemplated in rule 56 of the Election Rules and the violation of the principle of natural justice for not impleading the successful candidates at the election which were declared void by th......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. ...... On 29.3 74 Nurul Amin, Respondent No. 1, filed an election petition before the Election Tribunal at Rangunia, Chittagong against Abul Hayat Chowdhury, the appellant and Respondent Nos. 3 to 25, who contested the election for the offices of Chairman, Vice-Chairman and Members of Ward No......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. ......d in the Shore establishment were found to be junior in the said establishment they were first reverted to their substantive posts in the category of Flat clerks and then retrenchment was effected according to the seniority in that category and that the Union being a registered Union under the T...... then Constitution of Pakistan, 1962. 2. The appellants who were formerly employees of the Respondent Company were retrenched by the Respondent Company in pursuance of an agreement entered into between the Respondent Company and Respondent No 2, which happens to be a registered Trade Unio......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)
....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. ......d and disposed of by one Judgment by a Bench of the High Court Division, which dismissed the revision case at the instance of the .Government and allowed in part that of the owners. The Government, accordingly, preferred petition No. 63 of 1973 to the Appellate Division against the dismissal of ......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, Assistant Attorney-General, instructed by S. S, Hoda Advoc......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. ...... (S.C.).396. The facts are that the defendant-appellants had for several years been collecting 'Tahabazari' dues from a market Patelganj under contracts from the Municipal Board, the last of which according to the plaintiff was executed on 19-11-1944. Defence case was that on expiration of ......in Khan & others .................Appellants. Vs. The State..............................................Respondent Judgment August 26, 1976. Cases Referred to — Solicitor vs. A.T. Mridha, 26 DLR (SC) 173 (dissented from by the present Supreme......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)
.... of the Act is uncertain or ambiguous in any way or that the absence of the word 'urban' in the expression 'such other areas' as used in the said section, leads to any inconsistency or injustice requiring us to read the additional word 'urban' in the said expressions as an intention of......he commencement of this Act shall be deemed 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 not......…. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment May 7, 1976. Cases Referred to- Messrs Chittagong Jute Manufacturing Co. Ltd. Vs. Province of East Pakistan in P.L.D. 1......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)
....erent footing and an action for reinstatement may be competent, notwithstanding the fact that the terms and conditions of the said office are regulated by a contract, because the principle of natural justice, audi altarem partem is attracted in such a case. The substance of this principle is expr......ed certain applications which were not done with any dishonest intention. Thereafter the respondent was directed to appear before the Inquiry Officer appointed by the Corporation and the respondent accordingly appeared before the Enquiry Officer who recorded his statement and examined applicatio......a..............Appellant Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Ba......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)
..... 9 of 1975 that an employee of a statutory Corporation does not come within the Master and Servant rule and is entitled to a show cause notice before his dismissal, whether there is any statutory justice rule or not, and also because of the cumulative effect of diverse legislative enactments hi......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. ......ion (Civil) Present: A.B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Managing Director, Janata Bank .................Appellant Vs. Hafijuddin Ahmed and others ..........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. ......1976 and the file of the case on 21.8.1976, the special leave petition was filed on 1.9.1976. 7. In the aforesaid circumstances, the learned Deputy Attorney-General submitted that according to rules of business sufficient time was needed to process the filing of the leave petiti......etitioner Judgment December 7, 1976. Lawyers Involved: Sultan Hussain Khan, Deputy Attorney General instructed by Abu Backkar, Advocate-on-Record —For the Petitioner. Miah......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)
....fter all, it is to be remembered that all appeals in this Court and elsewhere exist merely by Statute and unless statutory conditions are fulfilled no jurisdiction is given to any Court of justice to entertain that." 27. A Division Bench of the Dacca High Court was confr...... the award. In the result, this appeal is allowed; the decision of the High Court set aside, and the case sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. In the circumstances, we make no order as to costs. Sd/- Syed A. B. Mahmud Hus.................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Referred: Rangoon Botatoung Co. Ltd. Vs. Collector of Rangoon, 39 IA 197—ILR 40 Cal. 13 (PC); Sand Back Charity Tru...... 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. ......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. ......ddin Ahmed, the predecessor-in-interest of the respondents for ejectment stating, inter alia, that the holding No. 43, Panch Bhai Ghat Lane within Police Station Sutrapur, Dacca originally belonged to one Upendra Kumar Roy and his co-sharers from whom the appellant acquired 16 annas interest on th......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. ......rawn that the purpose of abduction was to murder or to so dispose of the victim as to put him in danger of being murdered the offence under section 364 stood established. The High Court, accordingly, held as follows:— "Whereas the charge framed is abetment of mu......25 130. Lawyers Involved: 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,......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)
....rcumstances to award lesser punishment than death. The condemned prisoner accused had not come before the Court to say anything as to commission of such gruesome murder and he being a fugitive from justice and law no lenient, compassionate or sympathetic view can be taken so as to commute the se......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. ...... The Penal Code, 1860 (XLV of 1860), Section 302 The act being not a pre planned or pre-meditated one or, in other words, death having not been done to the driver in a preplanned manner; the death so caused by the condemned prisoner, cannot be cons...... 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. ......aw, fact and circumstances as discussed above, we find that the conviction must be altered and the sentences must be reduced while the appeal must be dismissed. This appeal is accordingly, dismissed with the order that the convictions of both the appellants are altered to a ......ilty under Part I of the section. The incident having taken place upon a sudden verbal quarrel and in the heat of passion accused gave blows on the chest of the victim without any guilty intention to cause death and thus they committed culpable homicide not amounting to murder under part II of s......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. ......rther been observed that in view of sub-Article (5) of Article 102 of the Constitution the application challenging the order or decision of the Administrative Tribunal is not maintainable as according to the High Court Division the appeal may be taken to the Administrative Appellate Tribun......im) instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nos. I & 3. Civil Petition for Leave to Appeal No. 822 of 1998. (From the Judgment and order dated 13th July 1998 p......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)
....made the Rule absolute. 3. The learned Advocate appearing for the petitioner submits that the appellate Court on perusal of the records and other available materials found that justice was not done by the trial Court in the suit and accordingly, set aside the decree pass by ......ed Advocate appearing for the petitioner submits that the appellate Court on perusal of the records and other available materials found that justice was not done by the trial Court in the suit and accordingly, set aside the decree pass by the trial Court and sent the case back on remand for fres......Lawyers Involved: Abul Quasem, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1244 of 1999. (From the judgment and order dated 31-5-1999 passe......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. ......hat Asia had committed suicide buy taking insecticide while others were talking that she was murdered and, as such, the accused persons were entitled to get benefit of doubt. Fifth ground was that according to the autopsy report, the Medical Board could not determine the cause of death and conse...... The Code of Criminal Procedure, 1898 (V of 1898), Section 154 Filing of the first information report by the informant disclosing the death due to poisoning subsequently finding the death caused due to injuries being homicidal in nature, there...... 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
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. ......e considered beyond the law. In view of the discussion made herein above there is no substance in the submission made in support of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is ......Afzalur Rahman, Advocate instructed by Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented- The Respondent. Criminal Petition for Leave to Appeal No. 252 of 2000. (From the judgment and order dated 23-10-2000 pass...... Code of Criminal Procedure, 1898 (V of 1898), Sections 234 & 561A Holding of trial of the offences in the special court and ordinary court can not be considered beyond the law whenever offence on the same transaction falls on different categories as per law triable by s..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. ......ldquo;K” form without signature of the candidate or his agent considering the special circumstance can not be discarded by the returning officer and he shall fill up the form “L” accordingly consolidating the valid votes. If the candidate or his agent inten......the valid votes. If the candidate or his agent intentionally remains absent with any motive during counting votes and preparation of the ‘K’ form can not be delayed to frustrate the process of the election and their such absence shall not render the election proce......t the presiding officer is not debarred from counting of votes and prepare statement in form “K” and such preparation of the statement without signature of the candidate or his agent is lawful. Sending of “K” form without signature of the candidate or ..Category: Election Law | Date: | Hits: 124
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