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Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....Islam J Sikandar Ali Sikdar………………Appellant Vs. State and others…..….....Respondents Judgment March 16, 1978. Case Referred to- Bakshu Mian Vs. Govt. of Bangladesh, (1978) 30 DLR (SC) 228. Lawyers Involved: Khondker Mahbuddin Ahmed, Advocate, instruc......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......ondents on the basis of a memorandum received from the Superintendent of Police. On the basis of the said application the Magistrate discharged the respondents under section 494, Cr.P.C. by his order dated 28-9-73. Against this order of the Magistrate the appellant moved the Sessions Judge, ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
....mp; others………….Respondents
Judgment
February 8, 1978.
Result:
The appeal is dismissed.
Cases Referred To-
Charan Das Vs. Amir Khan, AIR 1921 PC 50; Keramat Ali Vs. Muhammad Younus Haji, PLD 1963 (SC) 191=15 DLR (SC) 120; Golam Hafez Meah Vs. Khadem Ali Meah 29 DLR 311; ......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......2, rule 2 of the Code and whether the prayer changed the nature and character of the suit. The Courts below have consistently turned down the contention of the defendants.
3. Turning to the leave order we find that it is now well settled that the amendment of the pleadings could be allowed at an......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....127.......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......vocate-on-Record - For the Respondent. Civil Appeal No. 23 of 1977 (From Petition No. 254 of 1973) Judgment Mahmud Husain CJ.- This appeal by special leave is against the judgment and order of a Bench of the High Court Division passed in an application filed by the respondent under A......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ...... Judgment and Order dated 16-6-77 passed by the High Court in F.M.A. No.219 of 1977 with C.R. No. 639 (FM) of 1977). Judgment Kemaluddin Hossain J.- This appeal arises out of an interlocutory order under Order 38, rule 5 of the Code of Civil Procedure. Facts briefly stated for the dispos......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....March 8, 1977. Cases Referred To- Joychand Lal Babu Vs. Kamalakasba Chowdhury & others, 53 CWN (PC) 552; N.S. Venkatagiri Ayyangar & another Vs. The Hindu Religions Endowments Board, Madras, 53 CWN (PC) 458; Ramjan Khan @ Ramjan Ali Khan Vs. Obaidul Huq Chowdhury & others, 28 DLR...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......ot operate as estoppel against them and accordingly dismissed the application for pre-emption. The appellant preferred an appeal and the learned Additional District Judge set aside the judgment and order of the learned Subordinate Judge and allowed the appellants application for pre-emption. As ag...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123...Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....e no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......al is allowed. The decisions of the High Court as well as that of the First Appellate Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
.... Article 102 of the Constitution, by which the validity of the order of reinstatement of Respondent No.2, an employee of the Company, of which the petitioner is the Chairman and Managing Director, made by the Labour Court of Chittagong under section 23(1)(b) of the Employment of Labour (Standing O......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ...... No. 2. Civil Petition for Special Leave to Appeal No. 143 of 1976 (From Petition No. 460 of 1976) Judgment Debesh Chandra Bhattacharya J.- This petition for special leave is against an order of a Bench of the High Court dismissing summarily an application of the petitioner under Artic......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....nvicting the respondents under section 302/34 of the Penal Code and sentencing the respondent No.1, Fagu Matbar to death and the respondents No.2 to 7 to transportation for life. The trial Judge made the reference for confirmation of the sentence of death passed on Fagu Matbar, Respondent No.1......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......the Penal Code passed by a Bench of the High Court Division on June 25, 1975 on rejecting Death Reference No.1 of 1974 and allowing Criminal Appeal No.663 of 1974 and setting aside the judgment and order dated September 26, 1974 of the Additional Sessions Judge, Faridpur convicting the respondents......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....am J Akhtarun Nessa and another.............Appellant Vs. Habibullah and others……..…..Respondents Judgment February 6, 1980. Cases Referred to- Makhanlal Nag Vs. Reajaddin Sepal (1961) 13 DLR 323; Syed Abdul Karim Vs. Harendra Chandra Dhupi (1962) 14 DLR 847; Salimu......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......iqullah, Advocates instructed by Aminul Huq, Advocate-on Record - For Respondents No.1 & 2. Not Represented - Respondent Nos. 3-19. Civil Appeal No. 24 of 1977 (From the judgement and order of the High Court Division dated 5-4-1976 in F.M.A. 96 of 1974) Judgment Ruhul Islam J......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
.... Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......g the High Court to order the Magistrate for directing the police to return the books; and that the investigation might be stayed which depended upon the result of the petition filed by Mr. Guaba, ad-interim stay was granted. Hearing of the matters took place on October 24, 1941. Two questions were ...... A.N.M. Raziul Haque, Shah Abu Nayeem, Advocates instructed by Abu Backkar, Advocate-on-Record - For the Respondents. Criminal Appeal Nos. 6 & 7 of 1978 (Arising out from the judgment and order of the High Court Division dated December 5, 1977 passed in the Criminal Revision No.432 and 4......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....
Fazle Munim J
Ruhul Islam J
KM Subhan J
Kazi Mokarram Hossain……..……Petitioner
Vs.
Secretary, Ministry of Cabinet Affairs, Establishment Division, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
Lawyers Involved:
......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......iyan, Assistant Attorney-General instructed by M.R. Khan, Advocate-on-Record - For the Respondents.
Judgment
Kemaluddin Hossain CJ.- The petitioner unsuccessfully challenged his dismissal order passed by the Government under President's Order No. 67 of 1972 and he is now challenging the ......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
..
Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
.... conditioner, G.I. pipes copper pipes, G.P. Sheets, Cork Breaks, water pump, cooling condenser, Air Cooling unit of more than 3 tons and deep freezers. The licence was specifically issued under the head 'Industrial Consumer'. Further condition of the licence was that the goods imported must not ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......on-Record - For the Appellant. Altaf Hossain, Advocate instructed by Abdur Rab-II, Advocate-on-Record - For the Respondent. Civil Appeal No. 80 of 1977. (An appeal from the judgment and order dated May 27, 1970 passed by the High Court in Writ Petition No.315 of 1967) Judgment ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....PLD 1959 Dacca 774; State of Bombay Vs. Atma Ram, AIR 1951 (SC) 157; Sibban Lal Sakena Vs. State of U.P., AIR 1954 (SC) 179; Ram Krishna Bhardwaj Vs. State of Delhi, AIR 1953 (SC) 318; Arbab Muhammad Hashem Khan Vs. The Crown, (1954) 6 DLR (FC) 1; Sardar Fazlul Karim Vs. Govt. of East Pakistan, (...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......ssain, J.- In this appeal the detenu Abdul Latif Mirza, has unsuccessfully challenged his detention by a writ petition under Article 102 of the Constitution. The Deputy Commissioner of Pabna by his order dated 22-4-74, under section 3 of the Special Powers Act detained him for a period of thirty d...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
................Respondent Judgment December 7, 1977. Cases Referred to- Adalat Vs. The Crown, 41 956; 8 DLR (FC) 69, PLD 1956 (FC) 171. Lawyers Involved: Khandaker Mahbubuddin Ahmad, Advocate instructed by A. Rab-11, Advocate-on-Record - For the Appellant. Sultan Hossain Kha...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......hile he was moving in a green jeep towards the Pabna Police Station via Hamid Road, two gun-shots were fired from eastern side of the road from a building known as Gulbag Hotel, injuring Nurul Islam, orderly of the Deputy Commissioner, and a constable Md. Solaiman Ali, both of whom were in the jeep....... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....t. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment ......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
....n Hossain CJ
Fazle Munim J
Ruhul Islam J
E Rahman, Chairman, Inspecting Assistant Commissioner of Income Tax, Chittagong & others.........Appellants
Vs.
Khan Saheb Ata Mohammad Khan...........Respondent
Judgment
February 14, 1978.
Lawyers Involved:
AKM Mozam......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ...... Pakistan. After Martial Law Regulation 43 had been promulgated, the Respondent wrote a letter on the 29th of December, 1958, to the Income Tax Officer, Sylhet, wherein he said that in the assessment order of the Income Tax Officer, Sylhet, of the 1st April, 1952, his capital, which he had brought......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
....ng hue and cry, Kulsum and Latifa came to the place of occurrence and P.W.2 Maksudur Rahman and Kulsum and Latifa took the deceased Shajahan @ Shanu to the residence of P.W.8, A.K.M. Fazlul Haq, Head Master of Keshabpur High School situated in the school compound. Deceased Shanu died there withi...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......; Not represented- Respondent Criminal Petition for Leave to Appeal No. 200 of 2003. (From the judgment and order dated 19.03.2003 8s 23.03.2003 passed by the High Court Division in Criminal Appeal No. 2344 ...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....sion No. 2542 of 2000 discharging the Rule. 3. Short facts are that the Opposite Party No. 1 instituted Miscellaneous Case No.2 of 1988 in the Court of Senior Assistant Judge, Lalmonirhat Sadar impleading the petitioner as pre-emptee opposite party and opposite party Nos. 2-23 as other o......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......; Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed by the High Court Division in Civil Revision No. 2542 of 2000.) ......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......-on-Record- For the Petitioner Not represented- For Respondents Judgment 27 June 2004 Civil Petition for Leave to Appeal No. 90 of 2003 (From the judgment and order dated 3rd August 2002 passed by the High Court Division in Civil Revision No. 1740 of 1995). ...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
.... The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......hirul Islam, Advocate-on-Record- For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1651 of 2004 (From the judgment and order dated 25.10.2004 passed by the High Court Division in Writ Petition No. 5732 of 2004). ......ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ..Category: Election Law | Date: | Hits: 116
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