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Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
..... — 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. No. 1081 of 1961). ...... there was no forfeiture of the property she inherited from her husband on account of remarriage. 4. It was argued at the trial Court on behalf of the defendants, relying upon a Full Bench decision of the Allahabad High Court in the case of Bhola Umar vs. Mst. Kausilla. A.I.R. 1933 All 6..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
.... 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 1973) Judgmen......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)
....e, with Amir Hossain Khandkar, Advocate instructed by S. M. Huq, Advocate-on-Record—For the Respondent in Appeal No. 25/75. Civil Appeal No. 23, 24 and 25 of 1975 (From the Judgment and Order dated 10th June,1975 passed by the High Court Division in writ petition Nos.26,27 and 34 of 1975). ......1898 AC 720 (P. C.). The Central Bank of India Vs. Their Workmen, A.I.R. I960 (S.C.) 12 The reasons given by the High Court Division though cannot be sustained, yet for the reasons set out above, the decision arrived at by giving must stand. The other grounds of challenged to the impugned amended ru..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
..... Khan, Advocate-on Record—For Respondents No. 1 and 5. Ex-parte—For Respondents No. 2-4 &6-27. Civil Appeal No. 22 of 1975. (From the Judgment and Order dated 18.3.75 passed by the High Court Division in Petition No. 102 of 1975) Judgment: ......ed of and provided that sufficient opportunity is given to the successful candidates for the said offices for defending their election Mr. Khan has tried to distinguish the decision of the Appellate Division in the case of Syed Mofazzal Hossain on the ground that in the s..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....ructed by A. Rob-II, Advocate-on-Record.—For the Respondent No. 1. Ex parte—Respondents Nos. 2-20. Civil appeal No. 14 of 1974. (From the Judgment and Order dated 19-6-69 passed by the Dacca High Court, in petition No. 532 of 1967). Judgment: ......Respondent Company retrenched 149 of its clerks by serving notice of retrenchment to be effective from the 1st of December, 1966. Respondent No. 2, the Employees Union, being dissatisfied with this decision of the Company initiated conciliation proceedings but, the same having failed, instit..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
.... Ex-Parte.—For Respondents No. 5-6. Civil Appeal Nos. 1 and 2 of 1975 with Civil Appeal No. 26 of 1976. (From the Judgment and order of the High Court Division dated,14th June, 1973 passed in Civil Revision Case Nos. 807 of 1973 and 229 of 1970) and (From the......and the submission of his final report containing his recommendation. Sub-section (6), says that the Government after considering the report of the Deputy Commissioner, shall, make the decision about the acquisition of the requisitioned property, and the decision of the Government sh..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....ate instructed by S. S. Hoda, Advocate-on-Record— For the Respondent. Criminal Appeal No. 6 of 1975. (On appeal from the Judgment and order dated 14th July, 1975 passed by the High Court Division in Criminal Revision Case No.1871 of 1974)......eedings were not cases pending before any Special Magistrate or Special Tribunal as contemplated under section 36(2)(b) of the Act In support of his argument the learned counsel relied upon a decision of Appellate Division in the case of solicitor. Bangladesh Vs. A T. Mridha reported in 26 ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....ney-General, instructed by A.M.A. Khan Chowdhury, Advocate-on-Record—For the Respondent (In all the appeals). Civil Appeals No. 4, 5, 6 and 7 of 1972. (From the Judgment Order dated 19-6-70 passed by the Dacca High Court in Petitions No.504,505,506 and 407 of 1967). J......)." Section 8 of the Amending Act contained a validation provision which was to the following effect: "Notwithstanding any judgment and decree, order or decisions of any court, including the High Court, to the contrary, anything done, action take..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... instructed by Md. Shafiqur Rahman, Advocate— For the Respondent Nos. 2-7. Civil petition for special leave to appeal Nos. 3 and 4 of 1977. (From the Judgment and order dated 29th November, 1976, passed by the High Court of Bangladesh in Civil Revision Nos,......ying the Noapara hat. He, therefore, granted temporary injunction. 5. Two appeals were preferred one by Government and the other by the lessees. The court of appeal below concurred with the decision of the Munsif and dismissed the appeals. The Government and the lessees filed two revision..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....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). Judgment Mahmud...... Thereafter the respondent received an order of dismissal dated 31-5-73 from service of the Corporation with immediate effect. 3. It appears that the order of dismissal was passed pursuant to the decision of Board of Directors and in consideration of the recommendations of the First Screening ..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....ted by Mr. M.A. Baqui Maliik, Advocate—For the Respondent No. 1. Ex-parte—Respondent Nos 2 to 9. Civil Appeal No. 7 of 1975. (On appeal from the Judgment and Order dated 4-9-74 passed by the High Court Division in Civil Revision No. 771 of 1974) Judgment: ......in revision and the learned Single Judge of the High Court Division discharged the Rule affirming the order of the learned Munsif. 4. The defendant-Bank obtained leave against the aforesaid decision. This appeal was ordered to be heard along with Civil Appeal No. 9 of 1965 as..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
..... Civil Appeal No.10 of 1974. (From the Judgment and Order passed by the High Court of East Pakistan in Appeal from Original Decree No. 158 of 1966 converted in to C.R No.670 of 1969 dated 30-1-69.) Judgment: Kemaluddin Hossain J: ......n to C.R No.670 of 1969 dated 30-1-69.) Judgment: 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. 2..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....Police Station Sutrapur, Dacca originally belonged to one Upendra Kumar Roy and his co-sharers from whom the appellant acquired 16 annas interest on the basis of two documents namely, a deed of lease dated 8. 8. 1956 and a deed of sale of rent receiving interest dated 9.8.1956 constituting sale of......ent, and (b) may continue to deposit every subsequent amount of rent which becomes due in respect of such premises until such doubt has been removed or such dispute has been settled by the decision of any competent court or by settlement between the parties, within a fortnight of the da..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 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 Bangladesh Penal Code......idence of P. Ws. 1, 10, 12, 13, and 14 the Tribunal came to the finding that the two appellants abducted Yusuf in order that he might be murdered and that in fact Yusuf was murdered. Relying on the decision in the case of Akaluddin Vs. The State XV DLR Dacca, 466 the Tribunal convicted the appell..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....sions Case No.13 of 1991 upon convicting him under section 302 of the Penal Code has been affirmed by the High Court Division upon accepting the Death Reference No.10 of 1993 by the judge and order dated March 14, 1999. 2. Incident in which the condemned prisoner caused deat......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)
....h;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 1994) ...... 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
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....o. 2. Not represented—Respondent Nos. I & 3. Civil Petition for Leave to Appeal No. 822 of 1998. (From the Judgment and order dated 13th July 1998 passed by the High Court Division in Writ Petition No. 6120 of 1997). &......tive Tribunal Act the writ petition as filed is not n it has further been observed that in view of sub-Article (5) of Article 102 of the Constitution the application challenging the order or decision of the Administrative Tribunal is not maintainable as according to the High Court Division..Category: Administrative Law | Date: | Hits: 132
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....he Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1244 of 1999. (From the judgment and order dated 31-5-1999 passed by the High Court Division in Civil Revision No. 4197of 1997). ......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
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....n-Record—For Respondent No.2. Ex parte—Respondent Nos. 3 & 4. Civil Appeal No. 26 of 1999. (From the judgment and order dated 7 December 1998 passed by the Hi Court Division Dhaka in First Miscellaneous Appeal No.221 of...... on the basis of the contract the Bank cannot be injuncted. 8. It may be mentioned that Mr. Rokanuddin Mahmud, the learned Advocate appearing for the appellants, cited certain decisions which are not relevant for our purpose in disposing the injunction matter. Before parting..Category: Civil Law | Date: | Hits: 112
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....inudul Islam, Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal Nos. 503 and 508 of 1997. (From the Judgment and order dated 10 April 1997 passed by the High Court Division in Writ Petition Nos. 452 and 564 of 1994). ......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ..Category: Constitutional Law | Date: | Hits: 138
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