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Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
.... under the State Acquisition and Tenancy Act nor the question of adverse possession arises here though in framing the suit he took the plea for his tenancy as against the ex-landlord. The plaintiff's simple case is that he was on the land since 1927 and the land was a low land. It silted up graduall......s unfounded. In the result, therefore, this appeal is disÂmissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rom the High Court, and, in fact, obtained such a writ. The High Court, however, granted a certificate of appeal from this order whereupon the matter came up before the Supreme Court of Pakistan. The simple question before the Supreme Court was whether the Punjab Civil Service Rules which were adopt......rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......ection 161 Cr.P.C. As to the assault, he stated in the Ejahar that all the accused except Jaida participated in the assaÂult and killed Nurul Islam with 'dagger and sharp daos'. This implied several injuries were caused to the victim; but when inquest and post mortem examination of the dead body re..Category: Criminal Law | Date: | Hits: 60
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....trate. Further, he contended that though the non-filing of the declaration has been declared to be an offence under section 30 of the Act punishable with fine not exceeding taka two thousand or with simple imprisonment for a term not exceeding six months, or with both, this is not such an offence a......the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....ffirming the conviction of the petitioners under section 379 of the Penal Code. They were sentenced to suffer R.I for 3 months and to pay a fine of Tk.500/00, in default, to suffer 15 days of further simple imprisonment with a direction that the fine, if realised, half of the amount be paid to the c......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ..Category: Criminal Law | Date: | Hits: 53
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....¦â€¦â€¦.(10) In an ejection matter the person against whom specific allegation of mal-practices has been brought must be prompt in denying the allegaÂtion by filing written statement. On his part simple denial of the allegation may be sufficient since the burden of proof of the allegation lies u......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......ye-witness of the occurrence. In F.I.R. he stated that on hearing uproar from a little off Balakhal Railway Station to the south, he ran and saw his nephew Shamsul Huq lying dead with bleeding injuries and Tajul Islam lying with grievous bleeding injuries on the western bank of the canal&nbs..Category: Criminal Law | Date: | Hits: 39
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......sponding to 21st December, 1967 at about dawn the complainant: P. W. 1 Rahimuddin Sarkar heard no alarm towards the house of Yasin Sk, went there and found Maleka lying dead with two bleeding injuries on her neck in the courtyard near a peg by the side of the cow-shed on the east Bhiti. He ..Category: Criminal Law | Date: | Hits: 66
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....sed respondent Ameenur Rashid Chowdhury on charges under section 501 of the Bangladesh Penal Code. The said respondent was convicted by a Magistrate, First Class Sylhet and sentenced to six months simple imprisonment. His appeal before the Sessions Judge was also dismissed. Thereafter, he moved ......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....d Judge observed as follows: "By the new provisions, the entire Part V of the State Acquisition and Tenancy Act has been made applicable to a holder of non-agricultural land. The simple test is as to whether the holder of non-agricultural land has become a tenant under the Pro....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....in some other way". 113. (c) So far as the interpretation of Art. 135 of the Constitution vis-a-vis section 9(2) of the Art, my views are that section 9(2) is not violative of Article 135 for the simple reason that protection under Article 135 is strictly limited to dismissal, removal or reducti......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....espondent No.1, that there was no malafide in issuing the impugned order of termination; that the appellant is not entitled to invoke the writ jurisdiction of the High Court Division to challenge the simple termination of his service which was done at per terms of his employment of the interest of t......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......Forensic Medicine, (3) Dr. Mohammed Jahangir, Lecturer of Anatomy, all of Sir Salimullah Medical College and (4) Dr. Sirajul Islam, Assistant Surgeon, Police Hospital, Rajarbag, Dacca. They found two injuries on the dead body that is (1) one cut injury on the throat 7" x 2" x soft tissue and (2) an ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....es. 26. It is interesting also to note that Sub-article (5) also separates "defence serÂvices" from disciplined force which otherÂwise also under Article 152 includes "defence services" for the simple reason that while there are under military law "military court or tribunal" there is none so ...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
.... first instance. In other words, ''the right to apply" for restitution as referred to in Art. 181 accrues on "the date of the final decree of the appellate court." 2. Facts of the case are rather simple. The respondent-plaintiffs filed Title Suit No. 68 of 1956 against the appellant-defendant fo......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
M/s. Everett OriÂent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....irst day of July, 1965. The High Court Division unfortunately by taking into consideration these irrelevant matters have confused the issue at point and fallen into a grave error. So the simple answer is that the allowance of depreciation in respect of new plant machineries including s......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....n the absence of expressed provisions for 417 (acquittal) the Court can legitimately infer that such appeal has been provided. Indeed it is difficult to follow such reasons. 20. When a simple thing could be stated simply and when such thing has been stated previously it is incompreh......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
.... No.15 of 1981 is at the instance of Defendants and Civil Appeal No. 38 of 1981 by the plaintiff. 2. The suit was filed by the plaintiff under section 6 of the Admiralty Court Act, 1861. Facts are simple. There was salt crisis in Bangladesh during the relevant time and the Government allowed impo......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....gh Court Division in Writ Petition No. 397 of 1978, directing the apÂpellant Sonali Bank to pay the respondent a sum of Tk. 46,500/00 within one month from the receipt of the order. 2. Facts are simple. Respondent had depÂosited demonetised currency notes in purÂsuance of MLR No. 81 declaring......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....ourt, Chittagong 20 DLR (S.C) 251. Facts on which the question arose as to whether an application by an employee of the appellant company was maintainable under section 34 of the Ordinance are simple. Respondent No. 4 which is a Union of the employees of the appellant company filed an appli......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91