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Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)

....ce Company vs. Mis. Muralidhar Benechand, reported in (1955) 10 D.L.R. (S.C.) 136: P. L. D. 1958 S.C. 138, that in the absence of a reciprocal arrangement between the Governments of India and Bangladesh regarding examination of witnesses on commission the Court had no jurisdiction to issue ......e Hanover Fire Insurance Company and that a Court has always the discretion to issue a letter of request. The view expressed by a Single Judge of the East Punjab High Court in the case of National Fire and General Insurance Company Ltd. Vs. Mool Singh Gander Singh, A.I.R. 1951 Simla 227......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. ........................ Respondents Judgment April 15, 1977. Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M..

Category: Civil Law | Date: | Hits: 108

Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)

....hellip;……………………………………………………..Petitioner. Vs. Bangladesh Jute Industries Corporation and others……………&hell......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......titioner. Vs. Bangladesh Jute Industries Corporation and others…………………Respondents Judgment March 2, 1977. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by S.M. Huq. Advocate-on-Record...

Category: Procedural Law | Date: | Hits: 107

Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)

....Second Appeal which was preferred by the petitioner to the Dacca High Court against the appellate decree mentioned above. The Second Appeal was dismissed the High Court Division of the Supreme Com of Bangladesh on 8-1-74. When after the disposal of the Second Appeal, the proceeding the execution cas......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. ...... PLD 1957 Dacca 372; A. Motaleb vs. Mst. Rezia 22 DLR (SC) 134; Ellis & Sons vs. Sisman, 1948(1) All, E.R. 461 and Eastend Dwellings Co. Ltd. vs. Finsbury Borough Council 1951(1) All E.R, 587. Lawyers Involved: M, H. Khandker, Senior Advocate — For the Petitioner. Mian Abdul Gafur, Ad..

Category: Tenancy Law | Date: | Hits: 89

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

....of Dacca High Court also has adopted the same reasoning in the judgment under appeal before us. 63. This Court had to examine in one of its recent decisions, Messers Amin Jute Mill Ltd vs. Bangladesh in the relative role of the preamble of an enactment in the interpretation of its enacti......nbsp; ......nbsp; ......Mst. Kausilla, AIR 1932 All. 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-recor..

Category: Property Law | Date: | Hits: 59

Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)

....w was not vitiated for want of any previous sanction of the District Magistrate under section 29 of the Arms Act as the 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 d......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. .......................... Respondent Judgment June 14, 1976. Lawyers Involved: Md. Meser Ali, Senior Advocate, instructed by Aminul Huq, Advocate-on-Reco..

Category: Criminal Law | Date: | Hits: 63

Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)

....r as to costs. Ed. ......in Hossain J.- These three appeals are heard together as both facts and law are the same. The consideration is the vires of a Notification dated 19th December, 1974 issued by the Ministry of Finance (National Board of Revenue) amending rule 15 of the Rules framed under section 86(2) of the Bengal Ex......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......�……………………………Respondent (In Appeal No. 24 of 1976) Mr. M.A. Quddus for M/s. Ayurvedic Kutir .......Respondent (In Appeal No. 25 of 1975) Judgment February 2, 1977. Lawyers Involved: K A Bakar, Attorney-General with M/S Sultan Hossain Khan, Deputy Attorney-Gener..

Category: Fiscal/Taxation Law | Date: | Hits: 137

Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)

....14 and 15 as members of the Union Parishad of the said Union. 6. Mr. Khondkar Mahbubuddin Ahmed, learned Counsel appearing on behalf of the appellant has submitted that having regard to the Bangladesh, Union Parishad and Paurashava (Election) Rules, 1973 the election of a person to a......pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ......pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ..........................................Respondents Judgment December 8, 1976. Lawyers Involved: Khondkar Mahbubuddin Ahmad, Md. Abdur Rouf, Advocate Khademul Islam Chowdh..

Category: Others | Date: | Hits: 141

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. ......unim J Mohiuddin Khan and others......................Appellants. Vs. Pakistan River Steamer Ltd. and others. ...Respondents Judgment January 4, 1977. Lawyers Involved: Abdur Rab-1, Advocate on Record—For the appellants. Kazi Sha..

Category: Labour and Industrial Law | Date: | Hits: 138

Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Syed A. B. Mahmud Husain CJ Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul K......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. ......llip;……………………………….. Respondents. (In C. A. No. 26 of 1976) Judgment Feb. 11, 1977. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General with B. B. Roy Choudhury, Ass..

Category: Property Law | Date: | Hits: 70

Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)

....rate 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 D.L.R. 17 to show that a case which was pending with the......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. ......ate, Cri. Rev. 584 of 1974 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 b..

Category: Criminal Law | Date: | Hits: 113

M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....llip;…Appellant (In Appeal No. 6 of 1972). M/s Carpet Allied Products Ltd………………. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment Ma...... as assigned to it in the Basic Democracies Order. The Electoral College Act, 1964 was enacted for the Constitution of Electoral College for the purpose of election of President and members of the National and Provincial Assemblies under the then Constitution of Pakistan and section 57 of......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. ......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. Khandker, Senior Advocate, with Syed Mozaffar Hossain, Advocate, inst..

Category: Fiscal/Taxation Law | Date: | Hits: 244

Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)

....;…………………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh and ors. .............. Respondents (In C. P. No. 4/77) Judgment ...... 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. ...... 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. ...... Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh and ors. .............. Respondents (In C. P. No. 4/77) Judgment January 7, 1977. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate with Abdul Malek, Advocate, instructed..

Category: Civil Law | Date: | Hits: 106

Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)

....: 29 DLR (SC) 41. ......dhury.........................................Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Barber vs. Manchester Regional Hospital Board and another......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. ......n and others Vs. Rustom Ali and others, 19 DLR (SC) 186 = PLD 1966 (SC) 848; Eastern Mercantile Bank Ltd. Vs. Mohammad Shamsuddin 21 DLR (SC) 368; Secretary EPIDC Vs. Serajul Haq 22 DLR (SC) 284. Lawyers Involved: Faqeer Shahabuddin Ahmad, Attorney-General, instructed by S. M. Huq, Advocat..

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

Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)

....dent No. 1 who was an employee of a (The Appeal is being reported later on) statutory Corporation was governed by the law of Master and Servant, and whether in absence of any rule framed under the Bangladesh Bank (Nationalisation) Order, 1972 (President's Order No. 26 of 1972), the suit maintain......s an employee of a (The Appeal is being reported later on) statutory Corporation was governed by the law of Master and Servant, and whether in absence of any rule framed under the Bangladesh Bank (Nationalisation) Order, 1972 (President's Order No. 26 of 1972), the suit maintainable under sectio......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. ...... Managing Director, Janata Bank .................Appellant Vs. Hafijuddin Ahmed and others .....................Respondents Judgement May 7, 1976. Lawyers Involved: Rafique-ul Huq, Advocate, instructed by B. Hossain, Advocate-on-Record&mda..

Category: Employment/Service Law | Date: | Hits: 70

A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)

.... The Writ Bench of the High Court Division found that all the detention orders had been made with a view to preventing the detenu from acting in a manner prejudicial to the security or interest of Bangladesh or the public safety or the maintenance of law and order." 3. It was conten...... 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. ......ovt. of Bangladesh...............................Petitioner Judgment December 7, 1976. Lawyers Involved: Sultan Hussain Khan, Deputy Attorney General instructed by Abu Backkar, Ad..

Category: Criminal Law | Date: | Hits: 69

Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)

.... Appellate Division (Civil) Present: Syed A.B. Mahmud Hussain C J Ahsanuddin Chowdhury J Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and......1935 P.C. 5 Hari 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......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. ......ash;AIR 1922 P.C. 80; Lenhon Vs. Gibson and Howes Ltd. 1919 A.C. 709; Secretary of State for India Vs. Chelikani Rama Rao, L.R. 43 LA. 193 and Hem Singh vs. Basant Das, L.R. 63 IA 180. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with M/S. Ronadhir Sen, De..

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. ......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. ......es.......................................... Appellant Vs. Mst. Anwara Khatun & legal representatives: 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 App..

Category: Tenancy Law | Date: | Hits: 76

Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)

....cle 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 read with Part II of the Schedule to the aforesaid President's Order 8 of 197...... 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. ......173 & Sher Ali Vs. State (1958) 10 DLR 374 ; Akam Sheikh Vs. Emperor. AIR 1947 Cal. 35; Kalaporla vs. Hyderabad Court, AIR 1953 Hyd. 249; Begu & ors. Vs. King Emperor, AIR 1925 130. Lawyers Involved: T. H. Khan, Advocate with Rabeya Bhuiyan, Advocate, instructed by S. M. Hu..

Category: Criminal Law | Date: | Hits: 61

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. ...... 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. ......nd thus they committed culpable homicide not amounting to murder under part II of section 304 of the Penal Code. ……………………( 9 & 10) Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record—For the Appellants. ..

Category: Criminal Law | Date: | Hits: 59

Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)

.... Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Dhaka...... ............Petition......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. ......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. ......th the appropriate forum i.e. the Administrative Appellate Tribunal, writ petition before the High Court Division is not maintainable……………(6) Lawyers Involved: B Hossain, Advocate-on-Record—For the Petitioner ..

Category: Administrative Law | Date: | Hits: 132

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