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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. ......harya J Fazle Munim J Md. Abdur Rahim Mondal............Appellant Vs. The State................. Respondent Judgment April 21, 1977. Result: The appeal is dismissed. Lawyers Involved: Md. Fazlul Karim, Advocate, Supreme Court instructed by B. C. Panday, Advocate......l with B.B. Roy Chowdhury, Assistant Attorney General instructed by Mr. Abdur Rab-1. Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1977. (On appeal from the judgment and Order dated 11-7-74 passed by the High Court Division in Criminal Appeal No.6 of 1973) Judgment ..

Category: Criminal Law | Date: | Hits: 63

Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)

....der section 197 of Code of Criminal Procedure. 2. The facts giving rise to the question of law are that, consequent on certain allegations made against the Chittaranjan Cotton Mills Limited, Martial Law Order No. 104 of 1960 was promulgated by the Zonal Martial Law Administrator of East Pa......r............... Respondent Judgment February 23, 1977. Lawyers Involved: Md. Ansar Ali, Advocate, instructed by Md. A. Aziz, Advocate-on-Record&md......197 of Code of Criminal Procedure. 2. The facts giving rise to the question of law are that, consequent on certain allegations made against the Chittaranjan Cotton Mills Limited, Martial Law Order No. 104 of 1960 was promulgated by the Zonal Martial Law Administrator of East Pakistan. Unde..

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. ......houdhury J Abdur Rahim Afroze.......................................Appellant Vs. B. C. Aga and Co. Ltd. and others…………………… Respondents Judgment February 18, 1975. Lawyers Involved: S. R. Pal. Senior Advocate, Supreme Court, instructed by Abdur Rab, (absent) Ad......two consignments of cotton piece goods from Singapore. Accordingly the respondent who were acting as agent of Messrs Choonilal & Co. of Singapore ordered for import of cotton piece goods under Import Order Nos. 12 and 13 , dated 15-11-51 and 31.11.51 respectively for the appellant. The latter was, t..

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. ...... Cases Referred to- Ali Ahmed vs. State (1962) 14 DLR (SC) 81 (86) = PLR 1962 (SC) 102 (106); Hari Vishnu vs. Ahmed Ishaque AIR 1955 (SC) 233, Syed Yakoob vs. Radha Krishnan AIR 1964 (SC) 477. Lawyers Involved: Mainul Hossain, Advocate with Md. Joynal Abedin, Advocate, Mozammel Huq Khan, A......ey-General with B.B. Roy Chowdhury, Assistant Attorney General, instructed by S.S. Hoda, Advocate on-Record—For the Respondent No. 2. Criminal 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..

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. ......li AIR 1933 Mad. 635; Basanta Kumar vs. Mihirlal AIR 1968. Cal. 604; Manilal Mohan Lai vs. Sajdu Ahmad AIR. 1954 SC 349; S.M. Yousuf and another Vs. Kh. Hafizur Rahman and others 36 DLR 124. Lawyers Involved: Syed A.N.M. Nasiruddin, Advocate-on-Record—For the Appellant. M.H. K......, Sr. Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Respondent Nos. 1(1)-1(8). Ex-parte-Respondents No. 2 & 3. Civil Appeal No. 4-D of 1969. (From the judgment & Order dated 17.8.67 passed by the Dhaka High Court in Civil Revision No. 1380 of 1965) Judgment ..

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. ......p;……………Petitioners. Vs. M/S. A. T. J. Industries Ltd. and others................. Respondents Judgment April 12, 1977. Lawyers Involved: K. A. Bakr Attorney-General, A. Wadud Bhuiyan, Assistant Attorney-General,...... 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, 1976 passed by the High Court of Bangladesh in writ petition No. 479..

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. ........................ Respondents Judgment April 15, 1977. Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M...... A. Wadud Bhuiyan, Asstt, Attorney General, instructed by S.S. Hoda, Advocate on Record—U/O. XLV Rule 1 of S.C. (A.D.) Rules. Civil Appeal No. 1 of 1976. (From the Judgment and Order dated 28th July, 1975 passed by the High court Division in Civil Revision No. 727 of 1975 ..

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. ......titioner. Vs. Bangladesh Jute Industries Corporation and others…………………Respondents Judgment March 2, 1977. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by S.M. Huq. Advocate-on-Record.......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, 1977, passed by the High Court of Bangladesh in Civil Revision No. 1..

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. ...... PLD 1957 Dacca 372; A. Motaleb vs. Mst. Rezia 22 DLR (SC) 134; Ellis & Sons vs. Sisman, 1948(1) All, E.R. 461 and Eastend Dwellings Co. Ltd. vs. Finsbury Borough Council 1951(1) All E.R, 587. Lawyers Involved: M, H. Khandker, Senior Advocate — For the Petitioner. Mian Abdul Gafur, Ad......cate, 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 High Court in S.M.A No.28 of 1976). Judgment: D. C. Bhatt..

Category: Tenancy Law | Date: | Hits: 89

Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)

....nbsp; ......Mst. Kausilla, AIR 1932 All. 617; Union Bank Ltd., Vs. Mst. Ram Rati, AIR 1954 All. 595; Maniram 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-recor......er the custom of the caste." 32. There having been no such evidence on record in the said case, It was ultimately remanded to the Trial Court for findings on two issues under Order 41, rule 25 of the Code of Civil Procedure, namely, whether there had been any such ancient ..

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. .......................... Respondent Judgment June 14, 1976. Lawyers Involved: Md. Meser Ali, Senior Advocate, instructed by Aminul Huq, Advocate-on-Reco......p; Ahsanuddin Choudhury J.- In this appeal by special leave the point for consideration is whether the trial held against the appellants for an offence under Article 2(4)(a)(i) of President's Order No. 50 of 1972 stands vitiated in the absence of sanction of prosecution by the District..

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. ......�……………………………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-Gener......dvocate, with Amir Hossain Khandkar, Advocate instructed by S. M. Huq, Advocate-on-Record—For the Respondent in Appeal No. 25/75. Civil Appeal No. 23, 24 and 25 of 1975 (From the Judgment and Order dated 10th June,1975 passed by the High Court Division in writ petition Nos.26,27 and 34 of 19..

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. ..........................................Respondents Judgment December 8, 1976. Lawyers Involved: Khondkar Mahbubuddin Ahmad, Md. Abdur Rouf, Advocate Khademul Islam Chowdh......y M. R. Khan, Advocate-on Record—For Respondents No. 1 and 5. Ex-parte—For Respondents No. 2-4 &6-27. Civil Appeal No. 22 of 1975. (From the Judgment and Order dated 18.3.75 passed by the High Court Division in Petition No. 102 of 1975) Judgment:..

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. ......unim J Mohiuddin Khan and others......................Appellants. Vs. Pakistan River Steamer Ltd. and others. ...Respondents Judgment January 4, 1977. Lawyers Involved: Abdur Rab-1, Advocate on Record—For the appellants. Kazi Sha......e instructed by A. Rob-II, Advocate-on-Record.—For the Respondent No. 1. Ex parte—Respondents Nos. 2-20. Civil appeal No. 14 of 1974. (From the Judgment and Order dated 19-6-69 passed by the Dacca High Court, in petition No. 532 of 1967). Judgment: ..

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. ......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, Ass......o. 26 of 1976. (From the Judgment and order of the High Court Division dated,14th June, 1973 passed in Civil Revision Case Nos. 807 of 1973 and 229 of 1970) and (From the Judgment and Order dated the 18th March, 1975 passed by the High Court Division in F. M. A. No. 22ofl972). ..

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. ......ate, Cri. Rev. 584 of 1974 affirmed—Qudrutullah VS. Bareilly Municipality, AIR 1974 SC 396; referred A. Malek vs. Abdur Rahman, (1976) 19 DLR3I8; Sona vs. State, (1970) 22 DLR (SC) 55. Lawyers Involved: Md. Fazlul Karim, Advocate with Abul n, Advocate, instructed b......t of the Sub-Divisional Magistrate (N), Barisal in which occurrence 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 (herein..

Category: Criminal Law | Date: | Hits: 113

M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....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. ......1957 A.C. 436 same case 1957 (1) All. E.R. 49; M/s Speed Bird Navigation Company and another vs. Bangladesh in (1975) 27 D.L.R. 170; Md. Rejaul Haque vs. Bangladesh m (1976) 28 D.L.R. 38. Lawyers Involved: M.H. Khandker, Senior Advocate, with Syed Mozaffar Hossain, Advocate, inst...... Attorney-General, instructed by A.M.A. Khan Chowdhury, Advocate-on-Record—For the Respondent (In all the appeals). Civil Appeals No. 4, 5, 6 and 7 of 1972. (From the Judgment Order dated 19-6-70 passed by the Dacca High Court in Petitions No.504,505,506 and 407 of 1967). ..

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. ...... Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh and ors. .............. Respondents (In C. P. No. 4/77) Judgment January 7, 1977. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate with Abdul Malek, Advocate, instructed...... 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. ......n and others Vs. Rustom Ali and others, 19 DLR (SC) 186 = PLD 1966 (SC) 848; Eastern Mercantile Bank Ltd. Vs. Mohammad Shamsuddin 21 DLR (SC) 368; Secretary EPIDC Vs. Serajul Haq 22 DLR (SC) 284. Lawyers Involved: Faqeer Shahabuddin Ahmad, Attorney-General, instructed by S. M. Huq, Advocat......3-4-73, the respondent received a notice from the First Screening Board of the Government of Bangladesh charging him under Articles 5(A) and 5(1) of the Government of Bangladesh (Services Screening) Order, 1972, President's Order No. 67 of 1972. The respondent appearing before the Screening Boar..

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. ...... Managing Director, Janata Bank .................Appellant Vs. Hafijuddin Ahmed and others .....................Respondents Judgement May 7, 1976. Lawyers Involved: Rafique-ul Huq, Advocate, instructed by B. Hossain, Advocate-on-Record&mda......nstructed by Mr. M.A. Baqui Maliik, Advocate—For the Respondent No. 1. Ex-parte—Respondent Nos 2 to 9. Civil Appeal No. 7 of 1975. (On appeal from the Judgment and Order dated 4-9-74 passed by the High Court Division in Civil Revision No. 771 of 1974) Judg..

Category: Employment/Service Law | Date: | Hits: 70

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