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Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....ip;…Respondents Judgment April 26, 1976 Cases Referred to— Lalit Mohan Vs. Shayama Pada Das, AIR 195' Cal. 771: Gurupadappa Basappa Vs. Krishiddappa Shivabasappa AIR 1954 Bom. 318: K......nbsp; ......opinion. Sulaiman, C.J. in explaining the decision of the Full Bench formulated the principle underlying the construction of section 2 of Act XV in the following manner; "In order......to find out the true scope of the section one is compelled to look to the pro vision of......nbsp; ..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....ed, the arms and ammunition it was mandatory to follow the procedure laid down in the Arms Act before the prosecution against the appellants was started. In support of his contention reference was made to section 29 of the Arms Act which is in the following terms: "Where an off......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. ......lants. A. T. M. Afzal, Deputy Attorney-General, instructed by B. C. Panday, Advocate-on-Record—For the Respondent. Criminal Appeal No. 2 of 1976. (From the judgment and order dated 24-06-74 passed by the High Court Division in Criminal Appeal No. 297 of 1973) J......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)
....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. ......t's affidavit, which is irrelevant and rather off the mark. The Government in its affidavit has advanced the reason for the support of the amended rule to the change of Government's liquor policy. In order to enforce its prohibition policy, the affidavit says, and especially against the Muslims, it ......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)
.... Judgment December 8, 1976. Lawyers Involved: Khondkar Mahbubuddin Ahmad, Md. Abdur Rouf, Advocate Khademul Islam Chowdhury, instructed by A. Rab-II Advocate-on-Record- ......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. ......) Judgment: D. C. Bhaftacharya J: This appeal by special leave is against an order of a Bench of the High Court Division rejecting summarily an application under Article 102 of......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)
....; D.C. Bhattacharya, J.—This appeal by special leave is against a judgment of a Bench of the Dacca High Court, setting aside an order of the Labour Court, on an application made by Respondent No. 1, and incorporated Company engaged in carrying passengers and carg......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. ....... 532 of 1967). Judgment: D.C. Bhattacharya, J.—This appeal by special leave is against a judgment of a Bench of the Dacca High Court, setting aside an order of the Labour Court, on an application made by Respondent No. 1, and incorporated Compan......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. ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....reme Court Appellate Division (Civil) Present: Syed A. B. Mahmud Husain CJ Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul Khaleq......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. ......h;For the Respondents No. 1-4. Ex-Parte.—For Respondents No. 5-6. Civil Appeal Nos. 1 and 2 of 1975 with Civil Appeal No. 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 19......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)
....-Huq, Advocate and Mainul Hossain, Advocate, Court, appeared on 12.3.76 with permission of Court—For the Appellant. Faquer Shahabuddin Ahmed, Attorney-General with Abdul Wadud Bhuiya, Assistant Attorney-General, Shah Abu Nayeem, Advocate instructed by S. S. Hoda, ......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. ...... Advocate instructed by S. S. Hoda, Advocate-on-Record— For the Respondent. Criminal Appeal No. 6 of 1975. (On appeal from the Judgment and order dated 14th July, 1975 passed by the High Court Division in Criminal Revision Case No.1871 of......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)
....…Appellant (In Appeal No. 6 of 1972). M/s Carpet Allied Products Ltd………………. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment May 7,......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. ......V of 1964)." Section 8 of the Amending Act contained a validation provision which was to the following effect: "Notwithstanding any judgment and decree, order or decisions of any court, including the High Court, to the contrary, anything done, ac......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)
....lip;………………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh and ors. .............. Respondents (In C. P. No. 4/77) Judgment J...... 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. ......ocate, instructed by Md. Shafiqur Rahman, Advocate— For the Respondent Nos. 2-7. Civil petition for special leave to appeal Nos. 3 and 4 of 1977. (From the Judgment and order dated 29th November, 1976, passed by the High Court of Bangladesh in Civil Revisio...... 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)
....DLR (SC) 41. ......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. ......ord—For the Appellant. M. H. Khondker, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For the Respondent. Civil Appeal No. 9 of 1970. (On appeal from the judgment and order dated 4-12-74 of the High Court Division passed in Petition No. 6 of 1974). Judgment ......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. ..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....leave is against a judgment of a Single Judge of the High Court Division passed in Civil Revision. 2. Respondent No. 1. filed a title suit for declaration that the order dismissing him as Grade-II Officer (2nd officer) in Janata Bank, Munshiganj Branch on 19-12-1973 is illegal......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. ......J: This appeal by special leave is against a judgment of a Single Judge of the High Court Division passed in Civil Revision. 2. Respondent No. 1. filed a title suit for declaration that the order dismissing him as Grade-II Officer (2nd officer) in Janata Bank, Munshiganj Branch on 19-12-......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
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
....the basis of a written complaint filed 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 prov...... 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. ......ion in Writ Petition No. 122 of 1975). Judgment: Ahsanuddin Choudhury, J.—This petition for special leave arises cue of a judgment and order passed by a Bench of High Court Division in Writ Petition No. 122 of 1975. 2. The res...... 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)
.... Appellate Division (Civil) Present: Syed A.B. Mahmud Hussain C J Ahsanuddin Chowdhury J Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and othe......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. ......essment. They moved the Court under the Land Acquisition Act, since no tribunal under the Act was set up to determine the compensation. The Additional District Judge as the Court by its order dated 21.5.66 awarded for various items claimed by the owner a sum of Taka 1,17,117/74 ......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)
.... 8. 8. 1956 and a deed of sale of rent receiving interest dated 9.8.1956 constituting sale of the property within the knowledge of the monthly tenant Azharuddin Ahmed allegation that the defendant had some ulterior motive to grab the property by creating any confusion as to the title of the appell......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. ...... of the appellant to the suit premises in an affidavit exhibit D sworn by him in Writ Petition No. 5,"4 of 1964 under Article 98 of the late Constitution which was filed by him for cancellation of an order made by the Additional Deputy Commissioner (Rev.), Dacca directing him to vacate the suit pr......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)
....97; Ijjat Ullah Vs. Emperor, ILR 1944 Cal. 280 ; Mazharul Huq Vs. Crown (1949) DLR 173 & Sher Ali Vs. State (1958) 10 DLR 374 ; Akam Sheikh Vs. Emperor. AIR 1947 Cal. 35; Kalaporla vs. Hyderabad Court, AIR 1953 Hyd. 249; Begu & ors. Vs. King Emperor, AIR 1925 130. Lawyers Involve...... 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. ......dul Wadud Bhuiyan, Assistant Attorney-General instructed by B. Hossain, Advocate-on-Record—For the Respondents. Criminal Appeal No. 4 of 1975. (On appeal from the Judgment and order dated 19th June, 1975 passed by the High Court Division in Criminal Appeal No. 53 of 197...... 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)
....r Siddique Bhuiyanalia Mia died instantly in his seat and that he (PW2) was taken to the Dhaka Medical College Hospital where he was be ,as operated upon and the b w taken out, and was admitted in Ward No. 31. 3. PW 6, assistant sub inspector attached to Sonarga......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. ......in Sessions Case No.13 of 1991 upon convicting him under section 302 of the Penal Code has been affirmed by the High Court Division upon accepting the Death Reference No.10 of 1993 by the judge and order dated March 14, 1999. 2. Incident in which the condemned prisoner cause......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)
.... 8 2001. The Penal Code, 1860 (XLV of 1860), Section 304 When there is no evidence from the prosecution side that the accused had the knowledge of the frail condition of the victim it cannot be held that the accused are guilty...... 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. ......d—For the Appellants. Akram Hossain Amin, Advocate-on-Record—For the Respondent. Criminal Appeal No. 14 of 1999. (From the judgment and order dated 12-8-1998 and passed by the High Court Division in Criminal Appeal No. of 1994) ...... 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)
....; Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Dhaka...... ............Petitioner ......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. ......dent 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 passed by the High Court Division in Writ Petition No. 6120 of 1997). ......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. ..Category: Administrative Law | Date: | Hits: 132
Habibur Rahman Howlader Vs. State and another, 2001, 30 CLC (AD)
.... Case is also Reported in: 53 DLR (AD) (2001) 111. ......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. ......r the Petitioner Mohammad Ali, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent No. 1. Criminal Petition for Leave to Appeal No. 221 of 2000. (From the Judgment and order dated 29-6-2000 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 16......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
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
.... Present: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdus Sobhan........................Petitioner ......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......;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 passed by the High Court Division in Civil Revision No. 4197of 1997). ......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..Category: Property Law | Date: | Hits: 74
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