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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. ......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. ......first place it is a principle for the grant of temporary injunction that, if permanent injunction cannot be granted, temporary injunction should not ordinarily be granted. In a suit concerning service matter by an officer of a nationalised organisation no permanent injunction is available t..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. ......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. ......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. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....o abandonment of her character as the widow of the deceased husband. It may be a venial and expiable offence. The decision of the Judicial Committee in Unchastity case may be quite good for such acts of unchastity. Mr. Golap Chandra Sarkar Shastri in his 'Treatise on Hindu Law' ......am Kolita vs. Keri Kolitani, LR 7 IA 115: ILR 5 Cal. 776; 19 WR 367—13 BLR 1 (FB). Lawyers Involved: Md. Golam Rabbani, Advocate, instructed by B. C. Panday, Advocate-on-record—for the Appellants. Md. Yasin, Advocate instructed by Md. A. Aziz, Advocate-on-......19 WR 367 : 13 BLR 1 (EB) and expressed the view that inasmuch as, by reason of unchastity subsequent to her husband's death, she became incapable of performing effectively the religious services that were essential to the spiritual welfare of her deceased husband's soul she ceased to ..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. ......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. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....t this Ayurvedic product with high percentage of alcoholic strength is likely to be misused for alcoholic drink instead of medicine, that the strength was sought to be reduced. The reason has given a good ground of challenge to the Respondents, asserting that the reason neither satisfies the require......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. ......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. ..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. ......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. ......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. ..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....s made Respondent No. 2 which also appeared contending, inter alia, that the Union entered into a bonafide and lawful agreement with the Company, having had regard to the good of the maximum number of the employees, that when the Flat clerks whose ser......agreement with the Company on behalf of the complainants who were members of the Union and as such the said agreement was binding upon them. 6. On a consideration of the materials on record, the High Court came to the finding that the Respondent Union was a registered Trade Union b......ed into a bonafide and lawful agreement with the Company, having had regard to the good of the maximum number of the employees, that when the Flat clerks whose services were absorbed in the Shore establishment were found to be junior in the said ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
.... of the Deputy Commissioner, and the other does not, and goes on for a reference, and if there be a change of law, the same class of owners will be treated discriminatorily. We also do not find any good reason to apply the law to the same class of persons discriminatorily. The law for the paymen......e acquired lands stand at Tejkunipara, Tejgaon, Dacca. The lands were requisitioned on 16. 3. 59, and they were acquired under section 93A of the Act on 27. 6. 60. However it is not clear from the records whether the given date of acquisition was of the notice under section 93A (4) (a) or ......or Nal land, Taka 22,050/- per acre of bhiti land and homestead land, and Tk. 3,675/- per acre of khila khai and pathway, and was calculated on the value of five years average preceding the date of service of notice under section 5(1a) which was on 4. 1. 63. According to the owners the&nbs..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. ...... 1889. Prior to the enactment of the Interpretation Act of 1889, the effect of repeal of one statute by another without any express saving was to obliterate the repealed Act as completely from the records of the parliament as if it had never been passed and it must be considered as a law th......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)
....preting the Act as a whole and ascertaining its scope.'' and Coke is quoted in Craies on Statute Law (6th Edition) at page 199 as saying : ''The preamble of the Statute is a good means to find out the meaning of the Statute and as if it were a key to open the un......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)
.... 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. ......bo Union Council, Noapara hat was allowed to sit for a short period, and the permissive period expired on 13.4.72, and its continuation was illegal. It was further contended that the land was recorded in the S. A. Khatian as a secular land and not a wakf property at all. 4. The tria...... 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)
....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. ......fice or franchise, whether spiritual or temporal, of which he has been wrongfully dismissed, provided the office or franchise is of public nature, as for example to the office of mayor, alderman, recorder, town clerk, burgess or other municipal position, to academicals degree, to a fellowship of......spondent was first appointed on a temporary basis as a Deputy Director under the appellant which was then called 'East Pakistan Small Industries Corporation' and he was confirmed after 2 years of service and attached to the Yarn Distribution Cell and on 14-9-72 he was entrusted with certain duti..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. ......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. ......rade-II Officer (2nd officer) in Janata Bank, Munshiganj Branch on 19-12-1973 is illegal, ultra vires, void, inoperative and not binding on him and for a declaration that he still is in service as Grade-H Officer under the Managing Director, Janata Bank, Head Office, Dacca. The ..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. ...... 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. ...... 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)
....ns of section 93A that the determination of assessment made under the said section after any property has been requisitioned or acquired shall be final. It does not appear to be in consonance with good reason that the Legislature wanted that there would be no appeal if the Government consti......nbsp; Kemaluddin Hossain J: This appeal is by Special leave obtained by the Appellant against the decision of the High Court East Pakistan. Facts are that the land recorded in C.S. Plot Nos. 243, 244 and 245 measuring more on less. 1.10 acres of mouza Mohakhali P......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. ...... respondent tenant in an affidavit filed by him in a Writ Case admitted appellant's title to the holding with a view to preventing the respondent tenant from depositing the rent. It is in evidence on record that the plaintiff-appellant asked the respondent-tenant to pay rent to him. Hence there was ......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. ......ral that there can be a charge under section 364 along with charge under section 301 and that on the failure of the charge under section 301 the accused can be under section 364 if the evidence on record establishes the ingredients constituting such offence. It may be noted that no opinion was e...... 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. ......7 heard about incident that took place at the Meghna Gha and thereupon went to Meghna Ghat and that also informed PW 12, SI attached to the Sonargaon PS. and thereupon PW 12 upon recording the General Diary(GD) No112 dated 4-3-l987 some time before 3-45 hours of the night of 3r......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. ...... 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. ...... 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. ......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. ......ication dated 31-3-1979 and ultimately rose to the rank of Additional Inspector General of Police by notification dated 1-3-1992. Thereafter on 4-9 1993 he was retired on completion of 25 years of service. On being aggrieved by the order retirement he filed the aforesaid Administrative Tribunal ..Category: Administrative Law | Date: | Hits: 132
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