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

....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. ......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. ..

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. ......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)

....ellip;……………….. 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, Assistant Attorney-General, instructed by S. S, H......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. ......ellip;………….. 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, Assistant Attorney-General, instructed by S. S, Hoda Advocate-on-......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)

....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. ......i­sions of the High Court Division, the case of A. T. M. Mashood reported in 27 D.L.R. 93 is an earlier one. It appears that on a first information report lodged at Balaganj P. S. by a Circle Inspector, Sadar (C), Sylhet, a case was started under sections 395 and 397 of the Penal Code read ......ate-on-Record (Absent) Rafique-ul-Huq, Advocate and Mainul Hossain, Advocate, Court, appeared on 12.3.76 with permission of Court—For the Appellant. Faquer Shahabuddin Ahmed, Attorney-General with  Abdul  Wadud Bhuiya,  Assistant Attorney-General, Shah Abu Nayeem, Ad......) 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.   1973 five persons armed with deadly weapon..

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. ......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 case (1939) All. E.R. 464; Vacher and Sons Ltd. Vs. London Society of Com­positors 1913 A.C 107; Powell Vs. The Kempton Park Race Course Company Limited (1899) A.C. 143 at page 157; Attorney General vs. Prince Ernest Augustus of Hanover, 1957 A.C. 436 same case 1957 (1) All. E.R. 49; M/s ......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

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

....the ins­tructions contained in the Government Estate Manual and this amounts to the creation of a new hat. A new hat could not be established except by a public auction, whereas the Additional Deputy Commissioner had granted permission to Respondents 1 to 6 without any public auction to hold...... 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. ...... Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate with Abdul Malek, Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Peti­tioner. K. A. Bakr, Attorney-General, with A. W. Bhuiyan, Assistant Attorney-General, instructed by B, Hossain, Advocate-on-Reco...... 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. ..

Category: Civil Law | Date: | Hits: 106

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

....udgment Mahmud Husain CJ.- This appeal by special leave is against a judgment of the Constitution Bench of the High Court Division. The respondent was first appointed on a tem­porary basis as a Deputy Director under the appellant which was then called 'East Pakistan Small Industries Corporatio......ation' and he was con­firmed after 2 years of service and attached to the Yarn Distribution Cell and on 14-9-72 he was entrusted with certain duties, namely, (1) Supervision of the work of the Field Inspector for verification of applications of weavers; (2) Supervision in respect of distribution of......he Corporation was one of Master and Servant, and whether the High Court Division had jurisdiction to interfere with the order of dismissal under Article 102 of the Constitution. The learned Attorney-General did not press the second point as to the main­tainability of the petition under Article 102......e held that the dismissal was bad as the dismissed constable had a right of hearing on the principle of natural justice. 35. In 1956 the appellant Ridge was ap­pointed Chief Constable of Borough Police Force, the appointment being subject to the Police Acts and Regulations. On October 25, 1957 ..

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

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

............Petitioner Judgment               December 7, 1976. Lawyers Involved: Sultan Hussain Khan, Deputy Attorney General instructed by Abu Backkar, Advocate-on-Record —For the Petitioner. ...... 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. ......er Judgment               December 7, 1976. Lawyers Involved: Sultan Hussain Khan, Deputy Attorney General instructed by Abu Backkar, Advocate-on-Record —For the Petitioner. Miah Abdul ...... 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. ..

Category: Criminal Law | Date: | Hits: 69

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

.... 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, Deputy Attorney-General, Abdul Wadud Bhuiyan, Assistant Attorney-General, Md. Ismailuddin Sarker, A......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. ......te—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 of State for India vs. Chelikani Rama Rao, L. R. 43 LA.......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)

....remises 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 premises. It is to be noted here ......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. ......65 in the 6th Court of Munsif, Dacca against Azharuddin 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 ..

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. ...... 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. ...... Rabeya Bhuiyan, Advocate, instructed by S. M. Huq, Advocate-on- Record—For the Appellant. Faqeer Shahabuddin Ahmed, Attorney-Gene­ral, with Abdul Wadud Bhuiyan, Assistant Attorney-General instructed by B. Hossain, Advocate-on-Record—For the Respondents. Criminal App.......3.1971 to 16.12.1971 the appellants in collaboration with the occupation army of Pakistan committed atrocities of various kinds such as loot, arson, rape and murder in different parts of Sitakunda Police Station and thereby aided and abetted the occupation force in maintain­ing and sustainin..

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. ......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. ......incident that took place at the Meghna Gha and thereupon went to Meghna Ghat  and that also informed PW 12, SI attached to the Sonargaon  PS. and thereupon PW 12  upon recording the General Diary(GD) No112 dated 4-3-l987 some time before 3-45 hours of the night of 3rd and 4th Mar...... College Hospital  where he was  be ,as operated upon and the b w taken out, and was admitted in Ward No. 31.   3. PW 6, assistant sub inspector attached to Sonargaon Police Station (PS) and PWs 4, and 8 constables attached to Sonargaon PS who along with some other ..

Category: Criminal Law | Date: | Hits: 74

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. ......lice Academy as ASP on 1-10-1978 and on completion of training he was appointed as Additional Superintendent of Police by notification dated 31-3-1979 and ultimately rose to the rank of Additional Inspector General of Police by notification dated 1-3-1992. Thereafter on 4-9 1993 he was retired o......emy as ASP on 1-10-1978 and on completion of training he was appointed as Additional Superintendent of Police by notification dated 31-3-1979 and ultimately rose to the rank of Additional Inspector General of Police by notification dated 1-3-1992. Thereafter on 4-9 1993 he was retired on complet......n Mills, Chittagong by order dated 9-8-1974 issued from the Textile Mills Corporation. Thereafter he was fully absorbed in the erstwhile PSP Cadre by notification dated 30-8-1978 and joined Sarda Police Academy as ASP on 1-10-1978 and on completion of training he was appointed as Additional Su..

Category: Administrative Law | Date: | Hits: 132

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. ......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. ...... Involved: Dr. M Zahir Senior Advocate (MA Rahim, Advocate with him), instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Petitioner, Mahinudul Islam, Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Ap......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

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.   ......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.   ..

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. ......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. ......acts in the background of which the aforesaid three criminal cases have been started are, in short, one Abdus Sattar, a bearer of Chandpur Circuit House, Chandpur, lodged information with Chandpur Police Station on 20-8-1998 to the effect that in the night of 19-8-1998 at about 2-00 while night ..

Category: Criminal Law | Date: | Hits: 65

Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)

.... Dismissal of the case for default of the petitioner by not deciding the case on merit is illegal and without lawful authority.   Lawyers Involved:   B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record—For the Petitio.......   We accordingly dismiss the petition, the delay having been condoned.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 99. ......of the case for default of the petitioner by not deciding the case on merit is illegal and without lawful authority.   Lawyers Involved:   B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record—For the Petitioners. &nb.......   We accordingly dismiss the petition, the delay having been condoned.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 99. ..

Category: Property Law | Date: | Hits: 57

Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)

....ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ......ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ......ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ......999 passed by a Division Bench of the High Court Division in Writ Petition No.106 of 1998 declaring respondent-appellant as being the elected Chairman of No.3, Citholia Union Parishad in Parshuram Police Station, District Feni illegal and without lawful authority.   2. Writ-pe..

Category: Election Law | Date: | Hits: 124

Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)

....a situation we find no merit in this petition.   The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89.  ......a situation we find no merit in this petition.   The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89.  ......a situation we find no merit in this petition.   The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89.  ......a situation we find no merit in this petition.   The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89.  ..

Category: Constitutional Law | Date: | Hits: 141

Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)

.... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ..

Category: Business or Commercial Law | Date: | Hits: 95