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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. ......be decided in the proceeding under sect-on 47 of the Code of Civil Procedure which is pending before the executing Court. If the Executing Court on a con­sideration of the objection raised by the judgment-debtor petitioner in the said pro­ceeding comes to the view that for a pro­per execution..

Category: Tenancy Law | Date: | Hits: 89

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

....nbsp;                                 ......; 8. Ex-parte. — Respondents No. 5-7 and 9-13. B. N. Chowdhury, Advocate— U/O XLV, R. 1 of the Supreme Court Rules. Civil Appeal No. 6-D of 1971 (From the judgment and Decree dated 29-6-67 & 1-8-67 passed by the Dacca High  Court  in S.A. N..

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. ......For the Appellants. 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 1..

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. ......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)

....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. ......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 the Consti­tution by which a judgment of the Election Tribunal declaring the election of the appellant as Chairman of the Union ..

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. ......r dated 19-6-69 passed by the Dacca High Court, in petition No. 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 appl..

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. ......ners. The Government, accordingly, preferred petition No. 63 of 1973 to the Appellate Division against the dismissal of their revision case, and petition No. 64 of 1973 against that portion of the judgment of the High Court Division which has allowed in part the revision case of the   ..

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. ......................Respondent Judgment August 26, 1976. Cases Referred to — Solicitor vs. A.T. Mridha, 26 DLR (SC) 173 (dissented from by the present Supreme Court judgment): Tozammel Hossain vs. State, (1975) 27 DLR 36 and A.T. Mashood vs. State, (1975) 27 DLR 9..

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. ......stance of four Limited Companies operating certain factories in connection with their jute manufacturing business at Sholashahar within P.S. Panchalaish, District Chittagong and directed against a judgment of a Bench of Dacca High Court rejecting the petitions flied by the said Com­panies un..

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. ...... 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. ......vocate-on-Record—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). J..

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. ......dated 4-9-74 passed by the High Court Division in Civil Revision No. 771 of 1974) Judgment:       Mahmud Husain C J: This appeal by special leave is against a judgment of a Single Judge of the High Court Division passed in Civil Revision. 2. Responde..

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

A.K.M. Muklesur Rahman Vs. Govt. of Bangla­desh, 1977, 6 CLC (AD)

.... 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. ......cate-on-Record —For the Petitioner. Miah Abdul Gafur, Advocate (on permission) —For the Respondent. Petition for Special Leave to Appeal No. 55 of 1976. (From the judgment and decree dated 24th March, 1976 passed by the High Court Division in Writ Petition No. 1..

Category: Criminal Law | Date: | Hits: 69

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. ...... rightly submitted that upon the view taken by the High Court that no appeal lay and the award was only revisable, it refused to enter into the merit of the case. From various pas­sages in the judgment, it appears that the High Court refused to entertain questions of merit of the award, but ..

Category: Property Law | Date: | Hits: 135

Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)

....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. ......e the High Court. It was also held that the said deposit of rent did not discharge his liability to pay rent to the landlord. He was, there­fore, a defaulter and liable to be evicted. On appeal, the judgment and decree, of the trial court were affirmed by the Additional District Judge, Dacca. On fu..

Category: Tenancy Law | Date: | Hits: 76

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. ......shy;desh Penal Code read with part IV (b) of the Schedule to President's Order 8 of 1972 and Article 11(d) of the said order before the Spe­cial Tribunal No. 2, Chittagong. The Tribunal by its judgment and order dated: 9th August, 1972 convicted the appellants under section 364/3|4 of the Ba..

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. ..

Category: Criminal Law | Date: | Hits: 74

Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)

.... 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. ......ocate-on-Record—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..

Category: Criminal Law | Date: | Hits: 59

Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)

....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. ......998 passed by the High Court Division in Writ Petition No. 6120 of 1997).   Judgment   Mahmudul Amin Choudhury J.- This petition for leave to appeal is against judgment and order dated 13th July 1998 passed by a Division Bench of the High Court Division in Wr..

Category: Administrative Law | Date: | Hits: 132

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.  ......29-6-2000 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 1613 of 1999). Judgment   Latifur Rahman CJ.- This petition by the accused-petitioner is against the judgment and order passed by a Division Bench of the High Court Division in Criminal Miscellaneous C..

Category: Business or Commercial Law | Date: | Hits: 117