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Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ...... sole heiress. A few months after the death of her husband the said widow having remarried one Bokhan Malla, the property she inherited from her previous husband, according to the plaintiff's case, stood forfeited and devolved on one Akaluram, the reversionary heir of the said property. Aka......nbsp; ..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. ......ted against any person in respect of such offence without the previous sanction of the Magistrate of the District.” 4. Sanction of the District Magistrate was required in the case of offences committed within three months of the coming into force of the Arms Act in place w......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)
....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. ...... Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Bangladesh……………………......................... Appellant (In all the cases). Vs. M/s. Sree Kundeswari Aushadhalaya………...Respondent (In Appeal No. 13 of 1975)......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. ....... The appellant as well as respondent No. 2 who were elected Chairman and Vice-Chairman respectively and Respondent Nos. 13, Hand 15 who were elected Members from the said Ward No. 3 contested the case by filing a joint written objection and their case, inter alia, was that the election petitio......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)
....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. ......spondent Company in pursuance of an agreement entered into between the Respondent Company and Respondent No 2, which happens to be a registered Trade Union of the employees of the said Company. The case of the Respondent Company is that in November, 1966 the Respondent Company retrenched 149 of ......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)
....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. ......fect from 15.8. 63. 6. Both the Government and the owners preferred an appeal, and a revision to the High Court of East Pakistan. The appeal was converted into civil revision. Both the cases were numbered as Civil Revision Case No. 807 of 1973 and Civil Revision Case no. 229 of 1970....... award dated 31. 12. 69 made by an Arbitrator appointed under sub-section (1) of section 91A of the Town Improvement Act. 2. The subject matter of the award consisted of Chala land i.e., high land, and nal land i.e., cultivable land. These acquired lands stand at Tejkunipara..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. ......fter its repeal on 9. 2. 1974 by the Special Powers Act XIV of 1974 (hereinafter referred to as the Act) can be tried under President's Order No. 50 (herein after called P. O. 50) as a pending case within the meaning of section 36(2) (b) of the Act and by virtue of section 6(e) of the Genera...... actions which were commenced, prosecuted and concluded whilst it was an existing law, vide Craies on Statute law, 5th Edition pages 322-23, such being the effect of repeal under the law of England obtaining before 1889, a repeal without any saving clause used to destroy not only all rights,..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. ......t May 7, 1976. Cases Referred to- Messrs Chittagong Jute Manufacturing Co. Ltd. Vs. Province of East Pakistan in P.L.D. 1966 Dacca 117; Jennings Vs. Kelly 1940 A.C. 206 same case (1939) All. E.R. 464; Vacher and Sons Ltd. Vs. London Society of Compositors 1913 A.C 10......n Urban Immoveable Property Tax Act, 1957. (2) It shall extend to such areas as have been constituted Municipalities under the provisions of the municipal Administration Ordinance 196 land such other areas in East Pakistan as may be notified by the Provincial Government of East Pak..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. ......anent injunction. 2. The suit property is a hat known as Noapara hat and the plaintiffs claim it to be a wakf property, and that the wakf was created in 1946. Their further case is that there is an adjacent hat known as Tarabo hat situated at 500 yards of the plaintiff&rs......the Tarabo Union Council, Noapara hat was allowed to sit for a short period, and the permissive period expired on 13.4.72, and its continuation was illegal. It was further contended that the land was recorded in the S. A. Khatian as a secular land and not a wakf property at all. 4. ..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. ......respectable persons, Mr. Safar Ali, the then Member of the Constituent Assembly was placed in-charge of Narsingdi Yarn Distribution Committee as Chairman who requested the respondent to recommend the cases of genuine weavers for allotment of yarn. The respondent was placed under suspension with imme...... of other authority under Article 12 of the Constitution of India and as such, such right can be enforced against it by a person affected." 9. Mr. Khondker has referred to Halsbury's Laws of England and, it may be noted, Halsbury's Laws of England Third Edition Volume 25 paragraph 929 provides..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. ......e aforesaid decision. This appeal was ordered to be heard along with Civil Appeal No. 9 of 1965 as similar question as to the relationship of the Master and Servant is involved in that case. 5. Leave was granted to consider the question whether the service contract of the......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)
.... 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. ......nce of law and order in the locality and thereby violated the provisions of sub-clause (d) of clause 4 of Article 2 of President's Order No. 50 of 1972. It further appears that some specific cases under sections 395 and 397 B P. Code read with President's Order No. 50 of 1972 were also star...... 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)
....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. ......rustees Vs. N.S. Railway Co., 1897 (3) 19 QBD-1; Cohence Moore Vs. Akesseh Tayee—A.I.R. 1935 P.C. 5 Hari Miah Vs. State—10 D.L.R. 123; Hari Miah Vs. State—11 D.L.R. (S)C) 368 same case P.L.D. 1959 S.C. (Pak) 307; Ramchandra Datta Vs. Jogesh Chandra Datt (1873) 19 W.R. 353; Natio......bsp; Kemaluddin Hossain J: This appeal is by Special leave obtained by the Appellant against the decision of the High Court East Pakistan. Facts are that the land recorded in C.S. Plot Nos. 243, 244 and 245 measuring more on less. 1.10 acres of mouza Mohakh..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. ......ween the appellant and his vendors to be a pure and simple lease which was said to have been hit by the provision of section 75A of the State Acquisition and Tenancy Act. The High Court in the Writ case found on the basis of the documents, namely, the deed of lease dated 8.8.1956 and the deed of s......lant's title in an affidavit sworn by him in his Writ Petition No. 524 of 1964 before 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 dec..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. ......he first count and the fine of Tk. 4,000/- to Tk. 300/-in default to suffer rigorous imprisonment for one month more each in respect of conviction under the second count. 4. The prosecution case was that during the period of liberation struggle from 25.3.1971 to 16.12.1971 the appellants ......ht to the house of his father and buried. The defence denied the prosecution case and contended that the appellants were falsely implicated out of enmity on account of litigation over land dispute. The trial ended in conviction and sentence of the appellants as stated above. ..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. ......that took place at about 2-00 hours of the night of 3rd and 4th March 1987. On receipt of the said written information from PW 1 Sub-inspector (PW 12) attached to Sonargaon PS started Sonargaon PS case No. 2 dated 4-3-l987 under sections 302, 326 and 307 the Penal Code and upon completion of inv......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. ......ears and to pay a fine of Taka 10,000.00 in default to rigorous imprisonment for 1 year by the judgment and order dated 12-8-98 which is impugned in this appeal. 3. Prosecution case briefly was this. On the date of occurrence victim’s wife was grazing her two goats in ...... and order dated 12-8-98 which is impugned in this appeal. 3. Prosecution case briefly was this. On the date of occurrence victim’s wife was grazing her two goats in the land of the accused when one of the brothers came there, abused her and snatched the goats. Natural..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. ...... January 31, 2001. The Constitution of Bangladesh, 1972, Article 102 When the Tribunal case was disposed of on merit without preferring an appeal with the appropriate forum i.e. the Adm......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)
....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. ......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. ......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)
....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. ...... making the Rule absolute setting aside the judgment and decree passed by the learned Additional District Judge, 4th Court, Dhaka in Title Appeal No. 214 of 1990 allowing the appeal and sending the case back on remand for fresh trial. 2. The short fact leading to this petitio......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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