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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. ...... Advocate 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......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. ......g case within the meaning of section 36(2) (b) of the Act and by virtue of section 6(e) of the General Clauses Act. 2. The aforesaid case was started on a first information report lodged by one Haji Shamsul Haque Bepari at Mehandiganj Police Station, Barisal alleging that on 4.8. &nb..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. ......V of 1964)." 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, ac......ll these appeals which are dismissed, but there shall be no order as to costs. Ed. ......ity competent to issue such Notification sub-section (3) of section 1 of the Act was amended by East Pakistan Act V of 1967 and by such amendment the Provincial Government of East Pakistan was mentioned as the authority competent to issue the Notification thereafter. The original sub-section (3)..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. ......ocate, 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 Revisio......tary compensation; with these observations, these petitions are dismissed. Ed. ......Bhattacharya J Fazle Munim J Serajuddin Bepari & ors……………………………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e terms and conditions of service, duties and conduct of officers, servants and agents of the Corporation. The regulations have been framed under section 46(3)(k) and the regulations so framed were published in the Extraordinary Dacca Gazette on 3rd May, 1965. 98. Bearing the principles adumbr......ord—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 ......ult this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......s vs. Municipal Councillor of Kualalampur (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..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. ......J: This appeal by special leave is against a judgment of a Single Judge of the High Court Division passed in Civil Revision. 2. Respondent No. 1. filed a title suit for declaration that the order dismissing him as Grade-II Officer (2nd officer) in Janata Bank, Munshiganj Branch on 19-12-......odification set out above the appeal is dismissed without any order as to costs. Ed. ......fore, entitled to a legal character and can maintain a suit for declaration under section 42 of the Specific Relief Act. It is to be noticed that after the amendment of the plaint, the suit is one for declaration only under section 42 of the Act. 7. However, the finding of the l..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. ......ion in Writ Petition No. 122 of 1975). Judgment: Ahsanuddin Choudhury, J.—This petition for special leave arises cue of a judgment and order passed by a Bench of High Court Division in Writ Petition No. 122 of 1975. 2. The res......of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ......uddin Hossain J Debesh Chandra Bhattacharya J A.K.M. Muklesur Rahman........................Respondent Vs. Govt. of Bangladesh...............................Petitioner Judgment &n..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....h effect from 15th August 1963 by Ordinance III of 1965. Notices in the present case under clause (a) sub-section (4) were served on 18.9.1961, and notices under clause (h) of sub-section (4) were published on 3.10.1963. Since the last mentioned notices were published after the amendment by Ordi......essment. They moved the Court under the Land Acquisition Act, since no tribunal under the Act was set up to determine the compensation. The Additional District Judge as the Court by its order dated 21.5.66 awarded for various items claimed by the owner a sum of Taka 1,17,117/74 ......for treating the matter as an appeal and dispose it of accordingly. Ed. ......i 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; National Telephone Company Limited Vs. His Majesty's Post Master General, (1913) A.C. 546 (H.L.); Secretary ..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. ...... of the appellant to the suit premises in an affidavit exhibit D sworn by him in Writ Petition No. 5,"4 of 1964 under Article 98 of the late Constitution which was filed by him for cancellation of an order made by the Additional Deputy Commissioner (Rev.), Dacca directing him to vacate the suit pr...... judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......n Ahmed, the predecessor-in-interest of the respondents for ejectment stating, inter alia, that the holding No. 43, Panch Bhai Ghat Lane within 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 b..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. ......dul Wadud Bhuiyan, Assistant Attorney-General instructed by B. Hossain, Advocate-on-Record—For the Respondents. Criminal Appeal No. 4 of 1975. (On appeal from the Judgment and order dated 19th June, 1975 passed by the High Court Division in Criminal Appeal No. 53 of 197......in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ...... default to suffer rigorous imprisonment for three months more in respect of conviction under the 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..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. ......in Sessions 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 cause....... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......; Md. Ruhul Amin J Md. Fazlul Karim .J Ansar (Md) Chan Mia.........................................Petitioner Vs. State.............................................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. ......d—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) ......th each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... and Goutam Chandra Chowdhury were placed on trial along with their father before the Court of Additional Sessions Judge, Bogra, in Sessions Case No. 30 of 1993 on a charge of committing murder of one Golok Chandra. By the judgment and order dated 3 1-7-94 the trial Court convicted them under se..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. ......dent No. 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). ......bsp; Mahmudul Amin Chowdhury J &n......bsp; Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Dhaka...... ............Petitioner Vs. Member, Administrative Tribunal, Dhaka and other..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. ......r the Petitioner Mohammad Ali, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent No. 1. Criminal Petition for Leave to Appeal No. 221 of 2000. (From the Judgment and order dated 29-6-2000 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 16......out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ...... Court Appellate 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, ..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. ......;For the 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). ......ision (Civil) Present: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdus Sobhan........nbsp; AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdus Sobhan........................Petitioner Vs. Anwar Rahim & others..........................Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......cate-on-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....... (2001) 107. ...... The bank is bound to comply with the condition on which it has accepted the deposit. The High Court Division were perfectly correct in holding that prima facie the bank where the money is deposited on the basis of the contract the Bank cannot be injuncted……..(7) ..Category: Civil Law | Date: | Hits: 112
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....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. ...... Mahinudul 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 19...... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......Civil) Present: Latifur Rahman CJ Mahmudul Amin Choudhury J Mainur Reza Chowdhury J Syed Abdur Rahim.............................................. Petitioner Vs. Secretary, Ministry of Works, Government of Bangladesh and others.........Category: Constitutional Law | Date: | Hits: 138
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. ......;For the petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1159 of 1999. (From the judgment and order dated 21 April 1999 passed by the High Court Division in Writ Petition No. 5002 of 1997). ......s also Reported in: 53 DLR (AD) (2001) 105. ...... Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Habibur Rahman Khan (Md)...................................... Petitioner Vs. Bangladesh, represented by the Secretary & o..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. ......nbsp; Mahmudul Amin Choudhury CJ.- This petition for leave to appeal is against judgment and order dated 13-12-2000 passed by a Single Bench of the High Court Division in FMA No.321 of 2000b d...... is also Reported in: 53 DLR (AD) (2001) 104. ......howdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Abdul Mannan Miah...................... Petitioner Vs. Solaiman Miah (Md)....................... Respon..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. ......-For the Petitioner Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 13 of 1999. (From the judgment and order dated 25 August 1998 passed by the High Court Division in Criminal Appeal No. 361 of 1993). ......ismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......nbsp; Abdul Khaleque.............Petitioner Vs. State............. Respondent ..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. ......ash;For the Petitioners. Not represented- The Respondent. Criminal Petition for Leave to Appeal No. 252 of 2000. (From the judgment and order dated 23-10-2000 passed by the High Court Division in Criminal Miscellaneous Case No. 6196 of......smissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ...... Mainur Reza Choudhury J 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
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