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Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....14 DLR (SC) 81 (86) = PLR 1962 (SC) 102 (106); Hari Vishnu vs. Ahmed Ishaque AIR 1955 (SC) 233, Syed Yakoob vs. Radha Krishnan AIR 1964 (SC) 477. Lawyers Involved: Mainul Hossain, Advocate with Md. Joynal Abedin, Advocate, Mozammel Huq Khan, Advocate—For the Appellant. Sultan Hossain Khan......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...... Court Appellate Division (Criminal) Present: Syed AB 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 an..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... cream He Bank Ltd. Vs. SardarKishan Singh, AIR 1963 Pun. 230; Income Tax, AIR 1955 S.C. 74 ; Shyamlal Vs Jagannath, AIR 1969 Cal 424; Fhtcrotts case (1883) 21 Ch. 519 (CA.); Abdur Rahim Vs. Syed Abu Md. Bark at AH LR55 IA 96—32 CWN 482-AIR 1928 ' P.C 16— ILR Cal. 519 ; Asmatunnessa Begum Vs. As......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. ......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. ..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......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. ..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....ll. 617; Union Bank Ltd., Vs. Mst. Ram Rati, AIR 1954 All. 595; Maniram Kolita vs. Keri Kolitani, LR 7 IA 115: ILR 5 Cal. 776; 19 WR 367—13 BLR 1 (FB). Lawyers Involved: Md. Golam Rabbani, Advocate, instructed by B. C. Panday, Advocate-on-record—for the Appellant......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......nbsp; ..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....ondent Judgment June 14, 1976. Lawyers Involved: Md. Meser Ali, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Appellan......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.....................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
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. ......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. ......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. ......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)
....istant Attorney-General, instructed by S. S, Hoda Advocate-on-Record—For the Appellant. Miah Abdul Gafur, Advocate—For the Respondent. M. H. Khandker, Sr. Advocate, with Md. Mannan, Advocate, instructed by Md. A. Aziz, Advocate-on-Record.—For the Appellant. ......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......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. ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....4 affirmed—Qudrutullah VS. Bareilly Municipality, AIR 1974 SC 396; referred A. Malek vs. Abdur Rahman, (1976) 19 DLR3I8; Sona vs. State, (1970) 22 DLR (SC) 55. Lawyers Involved: Md. Fazlul Karim, Advocate with Abul n, Advocate, instructed by B. C. Panday, ate-on-Re......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 ......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 Salam versus the State which were sought to be quashed on the ground that those cases were n..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e 157; Attorney General vs. Prince Ernest Augustus of Hanover, 1957 A.C. 436 same case 1957 (1) All. E.R. 49; M/s Speed Bird Navigation Company and another vs. Bangladesh in (1975) 27 D.L.R. 170; Md. Rejaul Haque vs. Bangladesh m (1976) 28 D.L.R. 38. Lawyers Involved: M.H. Khand......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. ......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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... on the ground of the violation of the principle of natural justice. 90. Learned Attorney-General has also cited an unreported decision of the High Court Division of this Court in the case of Dr. Md. Abdul Muttalib Vs. University of Dacca and others, to which one of us was a party, where the val......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......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. ..Category: Employment/Service Law | Date: | Hits: 170
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. ...... 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. ...... 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. ......by a Bench of High Court Division in Writ Petition No. 122 of 1975. 2. The respondent filed the above Writ Petition challenging the order of detention of one Rafiqul Haider Chowdhury alias Rafique Master on the allegations, inter alia, that he was arrested on 3rd June, 1974 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....s, L.R. 63 IA 180. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with M/S. Ronadhir Sen, Deputy Attorney-General, Abdul Wadud Bhuiyan, Assistant Attorney-General, Md. Ismailuddin Sarker, Assistant Attorney-General (appeared on 21-8-75) instructed by A.W. Mian. ......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. ......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. ......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. ..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....s: Abu Sayed Ahmed and others. ………..Respondents Judgment August 18, 1976 Lawyers Involved: Abdul Malek, Advocate instructed by S. M. Huq, Advocate-on-Record—For the Appellant. Md. Yeasin, Advocate, instructed by Md. A. Aziz, Advocate-on-Record—For Respondent Nos. 3, and 1. ......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. ......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. ......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. ..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....ladesh. The further prosecution case was that in the 1st week of December, 1971, the appellants as collaborators, of Pakistan Army and in furtherance of their common intention did commit murder of Md. Yusuf, son of Abdul Karim in the tills near Gul Mohammad Jute Mills and D. D. T Factory within ...... 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......ft that place and the appellant took Yusuf towards the D. D. T. Factory of that locality at about 12 noon and that 2 or 2 1/2 hours thereafter Yusuf was shot dead by the appellant Imamul Hoque alias Minu under the order of appellant Hafez Abul Khair. Having come to know of this incidence P...Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....his 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. ......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. ......LR AD 311) 6. The High Court Division as well as the l Sessions has lost sight of the position in law of the written statement of the incident, in which driver Siddique Bhuiyan alias Raja Mia died, handed over by PW 1 to PW 12 at 19.45 hours of March 4th, 1987 and has erroneo..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
....sp; Md. Gholarn Rabbani J ...... 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. ...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 59
Habibur Rahman Howlader Vs. State and another, 2001, 30 CLC (AD)
.... 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 Mohammad Ali, Advocate-on-Record—For Res......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......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
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
.... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Habibur Rahman Khan ......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......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ..Category: Employment/Service Law | Date: | Hits: 71
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
.... Appellate Division (Civil) Present Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J ......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......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ..Category: Intellectual Property Law | Date: | Hits: 224
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