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Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....operation on 15. 8. 63, the former retrospectively and the latter prospectively. The language of both the Acts as to the point under consideration in these appeals is substantially the same, if not identical. 9. If we take the language of the Requisition of Property ......h, 1975 passed 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. ......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. ......led offences and offences of grave nature under P.O.50 were offences under respective penal laws namely penal code and Arms Act etc. It is thus apparent that the approach of Mr. Hosein to the question involved in this case is not for total destruction of the offences but for change of forum......rder of detention passed by the sub-Divisional Magistrate under clause (3) of Article 13 of P. O. 50 was a judicial order passed by a court or it was an administrative order and whether in the facts and circumstances of that case the order passed by the High Court Division quashing the ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....ted to extend the Act to certain rural areas was dearly in excess of the jurisdiction of the Provincial Government. 13. The long title and the preamble of the Act have been worded almost in identical terms in the following manner: "An Act to make an addition to the reve......f 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 question: (1) Whether the expression ''such other areas" occurring in section 1(2......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. ......eard along with Civil Appeal No. 7 of 1975, which has arisen out of a suit instituted by a dismissed employee against the Managing Director, Janata and involves the consideration of almost the same question of law. The arguments advanced in the latter appeal also are being considered in this j......e Minister and it was held in the said case that the breach of clause 16 of the terms contained in the said Memorandum was nothing more than a breach of a contract between a master and a servant. The facts were that consequent on the establishment of the National Health Service on July 5, 1948, Ma..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. ...... of the learned Munsif. 4. The defendant-Bank obtained leave against the aforesaid decision. This appeal was ordered to be heard along with Civil Appeal No. 9 of 1965 as similar question as to the relationship of the Master and Servant is involved in that case. 5. Leave......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
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. ...... disposed of by affirming the award passed the Additional District Judge with the modification that the order of the 6 % interest set aside. 4. Leave was granted to consider three questions: (1) whether award made under Section 93A of the Town Improvement Act, 1953 is appealable......rt, and this discretion is to be exercised reasonably and fairly. The reasonable compensation for a tree will therefore be its market value at the relevant time, and that will depend upon the facts and circumstances of each case. The rule of twenty years capitalisation of the profit is arbi..Category: Property Law | Date: | Hits: 135
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. ......the dead body although no such charge was framed against them at the commencement of the trial. The High Court having dismissed the appeal it was taken before the judicial committee to consider the question whether such conviction was warranted under the Code of Cr. Procedure. Viscount Halda...... sought to prove that the reason for the abduction of the woman Abeda Khatun was that she might be murdered, by proving that, in fact, she was murdered in consequence of the abduction. The facts on which the prosecution relied to establish the charge under section 364 were sufficient, i..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. ...... the condemned prisoner on the front glass of the bus, the same breaking the glass hit the driver of the bus and ultimately caused death of the driver. In the background of the facts stated herein above, in our view, even though the imprudent, exasperated and agitated as well..Category: Criminal Law | Date: | Hits: 74
Habibur Rahman Howlader Vs. State and another, 2001, 30 CLC (AD)
....ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ...... insufficient and again it was returned with the remark that the account was closed. The complainant served a legal notice within 15 days of the receipt of the information of return of the cheques in question and, as such, there was no valid ground for quashing the proceeding under section 138 of th......ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ..Category: Business or Commercial Law | Date: | Hits: 117
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......the High Court Division considered sub section (1) of section 103 of the Act and gave the interpretation. Both Mr. Rokanuddin Mahmud and Mr. Rafique-ul Huq appearing for the parties submit that the question of nomination comes as per sub section (1) of section 103 of the Act in the event of death......pellant, leave was granted on the following two grounds- (1) The High Court was wrong in holding that the provision of section 103 of the Bank Companies Act, 1991 is applicable in the facts and circumstances of the case when the said provision has no manner of application in the pr..Category: Civil Law | Date: | Hits: 112
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ...... that vacant strip of land was Road No. 1. It further appeared from the layout plan dated 29-10-1981 attached to Writ Petition No. 564 of 1994 that to the north of commercial plot Nos. 18 and 21 in question and other commercial plots was main road No. 1 and in between the main road No. 1 and tho......reation of sub-plots and allotment of the same to others. Further, the allottees of the plots had not been impleaded in the two Rules and so those are bad for defect of parties. 4. In those facts and circumstances the High Court Division discharged the Rule. 5. We do not find an..Category: Constitutional Law | Date: | Hits: 138
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. ......he was not named in the first information report and was falsely implicated in the murder and, as such, he was entitled to get the benefit of doubt. The High Court Division considered five grounds questioning the propriety of the conviction and sentence of the accused petitioner. The first groun......-4-90. After investigation police submitted charge sheet against accused petitioner Abdul Khaleque and his brother Abdul Barek along with 9 others on 20-1-91. The trial Court after considering the facts and circumstances found the accused petitioner Abdul Khaleque and his brother Abdul Bare..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. ......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. ...... Act, 1974. On completion of investigation the investigating agency submitted three separate prosecution reports in the said three cases. 4. In the aforesaid background of the facts, petitioner moved the High Court Division under section 561A of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
..... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ......f the Court of Settlement an, the enlistment of the case holding in the ‘Kha’ list of the abandoned buildings to be illegal and without any lawful authority. 2. The facts are that, the respondents (petitioners in the writ petition) challenged inclusion of holding..Category: Property Law | Date: | Hits: 57
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. ......respondent No.1 moved the High Court Division in its constituent jurisdiction challenging declaration of the respondent No.6 declaring the appellant as an elected Chairman of the Union Parishad in question and obtained Rule in Writ Petition No.106 of 1998. The High Court Division at the time of ......he Rules dispute of any kind relating to the election has been made matter for adjudication by the election tribunal. 13. In the instant case it can hardly be disputed that the facts alleged to invoke the writ jurisdiction and that to have a writ for the redress of respondent..Category: Election Law | Date: | Hits: 124
....fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......ner to get a compromise decree in terms of that letter. Learned Advocate submits that the High Court Division discharged the Rule on a mere technical ground without going into detail of the matter in question.
4. We have gone through the judgment of the High Court Division and heard the learned ......fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
..
Category: Civil Law | Date: | Hits: 109
Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)
....a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ......a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ......ng respondent No.4 therefrom. 2. Mr. Aftab Hossain, learned Advocate-on- Record appearing for the petitioner, submits that while dismissing the petition for leave to appeal the facts required for such disposal has not been considered but we have gone through our judgment and ..Category: Constitutional Law | Date: | Hits: 141
Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
....e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ......lthough the petitioner never transferred his shares in the company to anybody and hence the petitioner by application seeks rectification of share register. The learned Company Judge considered the question of alleged sale and transfer of 10 shares by Nur Mohammad in favour of respondent No. 2 Ab......e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ..Category: Business or Commercial Law | Date: | Hits: 97
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. ...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ......bsp; 9. The High Court Division also held that the petitioner admittedly being a minority share holder was competent to file an application under section 233 of the Companies Act and in the facts and circumstances the application under section 233 could be maintained. The petitioner had c..Category: Business or Commercial Law | Date: | Hits: 95
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. ......Scheme” of the Town Improvement Act, 1953 as they do not enjoin the appellants to maintain the original layout plan and that as no master plan is infringed by the impugned drawing there is no question of estoppel against the appellants in respect of re drawing of layout plan. ...... 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
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