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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. ...... judgment and Order dated 24-6-76 passed by the high Court Division in Writ Petition No. 193 of 1975). Judgment Ahsanuddin Chowdhury J.- This is an appeal by Special leave from the Judgment and order of the High Court Division passed in Writ Petition No. 193 of 1975 discharging the Rule issued..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... of the Indian Constitution challenging the validity of an Ordinance and an Act of the Parliament which subsequently replaced the Ordinance under which a set of Directors were appointed by the Bombay Government in place of the Directors of the Company, for the purpose of taking over the management a...... the sale and that the petitioners being share-holders of the company had locus standi to apply for setting aside the sale of the property belonging to the said company. On an appeal against the said order, the learned District Judge of Pabna gave effect to the objection of Respondent No. 1 as to ..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....e facts leading to the present leave petition may be set out. 2. The Respondent M/S. A.T.J. Industries Ltd. filed writ petition asserting that prior to the filing of writ petition, the Government by a Notification of October 11, 1972 took over the company with all its assets and pro&......esh moved the Appellate Division of the Supreme Court against the decision of the High Court Division, in Civil Appeal No. 21 of 1975, but it was dismissed on contest on March 13, 1976. Since order of the Court was not being implemented. Contempt petition No. 4 of 1977 was filed against som..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....dinate Judge had no jurisdiction to make an order issuing a direct and open commission for examination of witnesses living in India in the absence of a reciprocal arrangement between the Governments of India and Bangladesh in respect of such examination of witnesses and that as such th......1975 passed by the High court Division in Civil Revision No. 727 of 1975 Judgment: D.C. Bhattacharya J: This appeal by special leave is against an order of a Bench of the High Court Division refusing to interfere, in exercise of its revisional ju..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. ......and prayed for temporary injunction. This leave petition is sequel the prayer for temporary injunction. The trial court granted the temporary injunction, and the first appellate court affirmed the order. On revision by the Corporation, a Bench of the Dacca High Court, reversed the decisions of 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. ......t rejected the prayer for local investigation 01 the view that it was not necessary at that stage The High Court Division being moved under section 115 of the Code of Civil Procedure against the said order refused to exercise its revisional jurisdiction in the matter. There was an application for sp..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....ment in the interpretation of its enacting provisions, while construing the provision of section 1 (2) of The East Pakistan Urban Immovable Property Tax Act, 1937, which authorises the Government to extend the Act to such other areas as may be notified in the Official Gavette. It wa......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..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. ......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..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....he instance of Bangladesh, the appellant, to consider the following points: (1) Whether the High Court Division correctly interpreted s. 86(2) of the Excise Act which expressly empowers the Government, amongst others, to fix the spirit strength of medicinal preparation which is liquor wi......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 ..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. ......) 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..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. ....... 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..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....0/- per acre, applying the rule of two years’ average available under Ordinance No. Ill of 1965 promulgated on 22. 3. 65 but made retrospective with effect from 15.8. 63. 6. Both the Government and the owners preferred an appeal, and a revision to the High Court of East Pakistan. T......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..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....ntention can not be gathered from the new statute." 16. The learned counsel for the appellant on the other hand, referred to the case of public prosecutor, Government of Pandechary Vs. Abdul Aziz Khan reported in A.I.R. 1 n Mad. 311 to show that in respe...... 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..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
.... and such other areas in East Pakistan as may be notified in the Official Gazette and shall be deemed to have come in these areas from the first day of April, 1957. (3) The Provincial Government may by notification in the Official Gazette, extend this Act to such other areas in Eas......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..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
....t which sits on Fridays but it had been granted permission to sit on Tuesdays on which day the Noapara hat sits, and this had been done in violation of the instructions contained in the Government Estate Manual and this amounts to the creation of a new hat. A new hat could not be esta......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..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....9; Dr. Bool Chand Vs. Chancellor, Kuruskhetra University, AIR 1968 SC 292; Tariq Transport Company Vs. Sargodha-Bhera Bus Service 11 DLR (SC) 140=PLD 1958 (SC) Pak 437; Messrs Faridsons Ltd. Vs. Government of Pakistan; 13 DLR (SC) 233 = PLD 1961 (SC) 537 ; The Chief-Commissioner, Karachi Vs. M......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 ..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....he learned Single Judge of the High Court Division held that the condition of the service of the respondent No. ; were not governed by the law of Master and Servant and that he is to be treated as Government Servant entitled to the benefits under the Constitution and that he had a legal right to......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-..Category: Employment/Service Law | Date: | Hits: 70
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
....he Rules of Business which are obviously circuitous. The opinion of the Law Officer namely, the Attorney-General being the basis for further prosecution of any appeal in case of failure of the Government to obtain success in any matter, we are unable to appreciate the rules of business whic......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..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....in L.A. Case No. 73 of 1959-60 under sub-section (1) of section 93A of the Town Improvement Act, 1953 (hereinafter called the Act) and acquired under clause (a) of sub-section (4) of section 93A by Government Order No. 1516-Reqn. dated 3-10-1963. 2. The Additional Deputy Commissioner Dacca......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 ..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....him to vacate the suit premises. It is to be noted here that the impugned order against which the Writ Petition was filed was passed on the ground that the property in question was forfeited to the Government under section 75A of the State Acquisition and Tenancy Act. The Government treated the tr...... 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..Category: Tenancy Law | Date: | Hits: 76
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