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Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)

.... For the reasons we allow the appeal, set aside the orders of the High Court   Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ...... For the reasons we allow the appeal, set aside the orders of the High Court   Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ...... (Criminal) Present: Syed A.B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Mansur Ali............................. Appellant Vs. Bangladesh and another............... ......ud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Mansur Ali............................. Appellant Vs. Bangladesh and another............... Respondent Judgment    ..

Category: Employment/Service Law | Date: | Hits: 81

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. ......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. ......levant circumstances into consideration. The right sentence is to be determined by the nature of criminal intent and the manner of perpetration of the crime…….(9 and 10) Cases Referred to- Ali Ahmed vs. State (1962) 14 DLR (SC) 81 (86) = PLR 1962 (SC) 102 (106); Hari Vishnu vs. Ahmed Isha......Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Yusuf Sk. alias Sk Abu Yusuf.................................Appellant. Vs. Appellate Tribu­nal and another............................... Respondent. Judgment A..

Category: Criminal Law | Date: | Hits: 70

Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)

....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......;29 DLR (SC) (1977) 185. ......risdiction (Civil) Present: AB Mahmud Husain CJ Ahsanuddin Choudhury J Debesh Chandra Bhattacharya J Fazle Munim J Punjab Ali Pramanik and others.................Appellants. Vs. Mohd. Mokarram Hossain... ……………….Respondents Judgment March 4, 1976. Re..

Category: Property Law | Date: | Hits: 118

Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)

....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For   these reasons this petition is dismissed. Ed. ......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For   these reasons this petition is dismissed. Ed. ......n its business, but the peti­tioner and its officers suddenly on August 18, 1976 sealed the factory of the Company, At about 1-30 P.M, K.K. Sarker, Magistrate Dacca accompanied by A.K.M. Abbas Ali, Section Officer and the former Administrator appointed by the Government and a contin­gent......azle Munim J Bangladesh and another……………………………………………Petitioners. Vs. M/S.  A. T. J. Industries Ltd. and others................. Respondents Judgm..

Category: Property Law | Date: | Hits: 57

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. ......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. ......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. ...... Syed A.B. Mahmud Hussain C J Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Haji Abdul Motalib Sowdagar...................Petitioner Vs. Faiz Ahmed Chow­dhury and others…………….Respondents Judgment March 22, 1977. ..

Category: Tenancy Law | Date: | Hits: 89

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

....nbsp;                                 ......nbsp;                                 ......t. 8. It should be pointed, at the outset, that, so far as, the Dacca High Court was concerned, a Division Bench of the said Court consisting of Shahabuddin, CJ.   and Faiaz  Ali,  J, has given a well considered judgment on this question in the case of Saudamini Ray M......bsp;            Nurun Nabi Mondal and others………………………..Appellants Vs. Joynal Abedin Khondkar & ors ………………&hellip..

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. ......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. ......iminal) Present: A.B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J D. C. Bhattachary J        Ashraf Ali Sikdar and another........................Appellant. Vs. The State.....................sanuddin Choudhury J Kemaluddin Hossain J D. C. Bhattachary J        Ashraf Ali Sikdar and another........................Appellant. Vs. The State........................ Respondent Judgment    &nbs..

Category: Criminal Law | Date: | Hits: 63

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. ......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. .......L.R. 129. The former decision went to the Supreme Court and was affirmed and we have dealt with the decision of the Supreme Court, and so no further discussion is called for. In the case of Ashraf Ali the view taken is the correct view that the law which will govern the assessment of compensatio......yed A. B. Mahmud Husain CJ Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul Khaleque and ors.................................. Respondents. (In C. A...

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. ......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. ......n 27 D.L.R. 36 and 93. The decision in Criminal Misc. Case No. 84 of 1974 has been followed by other Benches of the High Court Division in criminal revision case No. 470 of 1974 the case of Sabjee Ali Vs. The State and in Criminal Revision case No. 584 of 1974 in the case of A. K. Rabbani alias ......C J Ahsanuddin   Choudhury J Kemaluddin Hosain J D.C. Bhattacharya J Fazle Mumin J Akhtar Hossain Khan & others .................Appellants. Vs. The State..............................................Respondent Judgment ..

Category: Criminal Law | Date: | Hits: 113

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. ......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. ......alalampur (1962) 3 All ER (PC) 633; Vidyodaya University of Ceylon and others Vs. Silva (1964) 3 All ER 865; Ridge Vs. Baldwin, 1964 AC 40; Rex Vs. Electricity Commissioners (1924) 1 KB 171; Nakkuda Ali vs. Jayaratne (1951) AC 66; Rex Vs. Legislative Committee of the Church Assembly (1928) 1 KB 411......sent: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Bangladesh Small Industries Corpora­tion, Dacca..............Appellant Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: T..

Category: Employment/Service Law | Date: | Hits: 170

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. ...... 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. ......lip;………….Respondent Judgment August 16, 1976. Cases Referred: Akaluddin vs. State, (1963) 15DLR466; disagreed with views expressed therein. Alim-jan Bibi Vs. Emperor AIR 1937 Cal. 578 ; Upendra Nath Vs. Emperor, 71 CLJ 597; Ijjat Ullah Vs......anuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Hafez Abul Khair and another................................. Appellants Vs. The State………………………&hell..

Category: Criminal Law | Date: | Hits: 61

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.  ...... Section 138 Since a legal notice was served within fifteen days of information of return of the cheques, there was no valid ground for quashing the proceeding. Lawyers Involved: AJ Mohammed Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner Mohamm......llate Division (Criminal) Present: Latifur Rahman CJ  Mahmudul Amin Choudhury J   Kazi Ebadul Hoque J Habibur Rahman Howlader...................Petitioner  Vs. State and another..................... Respondents Judgment November 7, 2000.  ..

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

Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)

....iculation Certificate.   5.  The submission for leave has no merit.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 105. ......iculation Certificate.   5.  The submission for leave has no merit.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 105. ......eclarant to see if the declaration made in the verification roll is correct or not.    Lawyers Involved:   AK Mujibur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the petitioner.   Not represented—The Res......J   Md. Gholam Rabbani J   Md. Ruhul Amin J   Habibur Rahman Khan (Md)...................................... Petitioner   Vs.   Bangladesh, represented by the Secretary & other....... Respondents ..

Category: Employment/Service Law | Date: | Hits: 71

Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)

....erlocutory matter.   With this observation this petition is disposed of.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 104. ......erlocutory matter.   With this observation this petition is disposed of.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 104. ......ocate, (SK Siddique, Advocate with him), instructed by Md. Ataur Rahman, Advocate-on-Record—For the Petitioner   M Shafique Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent.   Criminal Petition for Leave t...... Md. Gholam Rabbani J   Md. Ruhul Amin J   Md. Fazlul Karim J   Abdul Mannan Miah...................... Petitioner   Vs.   Solaiman Miah (Md)....................... Respondent   ..

Category: Intellectual Property Law | Date: | Hits: 224

Abdul Khaleque Vs. State, 2001, 30 CLC (AD)

....ble doubt at the trial and appeal.   The petition is therefore dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ......ble doubt at the trial and appeal.   The petition is therefore dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ......nding the death caused due to injuries being homicidal in nature, there is no bar in filing a second FIR stating the real cause of death. Lawyers Involved:   Md. Nawab Ali, Advocate-on-Record-For the Petitioner   Not represented— The Responden......sp;                      Abdul Khaleque.............Petitioner   Vs.   State............. Respondent   Judgment   ..

Category: Criminal Law | Date: | Hits: 67

Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)

....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 100. ......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 100. ...... on different categories as per law triable by separate courts with separate jurisdiction.   Lawyers Involved:    Sk Afzalur Rahman, Advocate instructed by Nawab Ali, Advocate-on-Record—For the Petitioners.   Not represented- The Respon......   Md. Ghoiam Rabbani J   Md. Ruhul Amin J   Abul Fazal (Md) alias Abul Fazal alias Badal and another......... Petitioners   Vs.   State........................................................................

Category: Criminal Law | Date: | Hits: 65

Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)

....e register of the company.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 88. ......e register of the company.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 88. ......nbsp; Lawyers Involved:   Ajmalul Hossain, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on- Record—For the Petitioner.   Md. Nawab Ali, Advocate-on-Record—Respondent No. 1.   Not represented—Responden......                      Abu Taher......................... Petitioner   Vs.   Nur Muhammad and others....................Respondents   ..

Category: Business or Commercial Law | Date: | Hits: 97

Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)

....f no substance.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 87. ......f no substance.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 87. ......ng and ii) for absence of the learned advocate. There is nothing to interfere.   Lawyers Involved:   Md. Fazlul Karim, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record—For the Petitioners.   Not represented—The Re......;                   Hasan Azam and others........................ Petitioners   Vs.   Rabeya Khatun and others............... Respondents   J..

Category: Procedural Law | Date: | Hits: 104

Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)

.... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ...... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ......KM Saifuddin, Advocate with him) instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellants.   Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1.   Ex-parte-Respondent No. ...... Mainur Reza Chowdhury J   Md. Ruhul Amin J   Rajdhani Unnayan Kartipakhya and another.................... Appellants   Vs.   Mohshinul Islam and another........................ Respondents ..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)

....issued in the said Writ Petition stands discharged.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 77.   ......issued in the said Writ Petition stands discharged.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 77.   ......onal Attorney-General, instructed by Sufia Khatun, Advocate-on-Record-For the Appellants.   Rafiq-ul-Huq, Senior Advocate (Aminul Huq, Advocate with him) instructed by Md. Nowab Ali, Advocate-on-Record—For the Respondent.   Civil Appeal No. 11 of 2001. ......a Chowdhury J   Md. Gholam Rabbani J   Md. Ruhul Amin J   Government of Bangladesh and others.............. Appellants   Vs.   Abu Musa............................. Respondent   Jud..

Category: Business or Commercial Law | Date: | Hits: 99