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Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......against the judgment and order dated 9th January, 1985 of the High Court Division, Rangpur Bench confirming the conviction of the appellants and the sentence passed on them by the Additional Sessions Judge, Rangpur, under sections 302/34 of the Penal Code in Sessions Trial Case No. 722 of 1982. 2..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......strangers, without giving them any notice. The trial Court by an order dated 22 February 1980 allowed the pre-emption case; but on appeal, Miscellaneous Appeal No. 70 of 1980, the learned Subordinate Judge set aside the order and dismissed the pre-emption case. This order was challenged in revis..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......is of the said application the Magistrate discharged the respondents under section 494, Cr.P.C. by his order dated 28-9-73. Against this order of the Magistrate the appellant moved the Sessions Judge, who set aside the order of the Magistrate and sent the case back for further enquiry before p..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......ncluding bad reputation, dishonesty and corruption. So, the claim of the respondent that he served as a Circle Officer with great efficiency and reputation is not borne by facts. 4. The learned Judge of the High Court Division on due consideration of the affidavit-in-opposition and affidavit-i..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......rt of Chittagong and failed to furnish guarantee promised by them. The Respondent would suffer irreparable loss, if the lighterage vessel was not attached before judgment. The learned Subordinate Judge made a conditional order of attachment which was opposed by the Appellant by filing a written ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......of notice on the appellant will not operate as estoppel against them and accordingly dismissed the application for pre-emption. The appellant preferred an appeal and the learned Additional District Judge set aside the judgment and order of the learned Subordinate Judge and allowed the appellants a..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......rt took the view that the day on which the application for pre-emption was presented in Court the deed was not registered and so the cause of action did not accrue. On this point the learned Single Judge relied on two decisions of the Dacca High Court in the case of Muhammad Meherali Mondal Vs. Mu..Category: Property Law | Date: | Hits: 34
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......ls reduced to their minimum are as follow; two appeals have been granted special leave on 20.1.75, in S.A. Nos. 1005 and 1006 of 1961 which affirm the judgment and decree of the Additional District Judge, Khulna dated 9-11-50 in Title Appeal Nos. 20 and 21 of 1959 and these of Munsif, 1st Court, K..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......ion on June 25, 1975 on rejecting Death Reference No.1 of 1974 and allowing Criminal Appeal No.663 of 1974 and setting aside the judgment and order dated September 26, 1974 of the Additional Sessions Judge, Faridpur convicting the respondents under section 302/34 of the Penal Code and sentencing the..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......spondent nos. 1 and 2 filed an application under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950 hereinafter referred to as "the Act," in the Court of the Additional Subordinate Judge, Noakhali being Miscellaneous case No. 6 of 1970, stating inter alia that the respondent Nos. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......of the Court of Sub-Divisional Magistrate Khulna, under section 561A of the Code of Criminal Procedure. Leave was granted to consider as to whether facts and circumstances of the case the learned Judges were justified in quashing the proceedings in exercise of the inherent power under section 56..Category: Criminal Law | Date: | Hits: 95
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......ent by importing, huge quantity of G.I. pipes and G.P. sheets not necessary for setting up the proposed Cold Storage and Ice Plants, abused the industrial licence granted to him. 4. The learned Judges of the High Court took the view that in the absence of any restriction as to the values of G...Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......he Board in March, 1976. This time as well the Board, recommended his detention. In the meantime the appellant moved the High Court in a Writ Petition. 3. Upon hearing the parties the learned Judges of the High Court, held the order of detention was valid and so dismissed the petition Leav..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......s Magistrate, Pabna, and sentenced to two years' rigorous imprisonment each and to pay a fine of Rs. 1000 in default to suffer rigorous imprisonment for six months more. An appeal before the Sessions Judge was dismissed after hearing. A revision was taken to the High Court and a Single Judge obser..Category: Criminal Law | Date: | Hits: 41
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ...... father from the personal assessment of their mother who also became a partner of the same firm despite the provisions contained in section 16(3) (a) (ii) of the Income Tax Act?" 4. The learned Judge of the High Court Division after examining the provision of section 16(3)(a)(ii) of the Income..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......ourt of East Pakistan is Civil Rule No.729 (f) of 1970 rejecting the application for condonation of delay in filing the appeal from the award dated September 10, 1969 given by the Additional District Judge and Arbitrator Dacca in Arbitration Case No.158 of 1967 arising out of L.A. Case No. 138 of 19..Category: Procedural Law | Date: | Hits: 101
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......ch of the High Court Division in Criminal Appeal No. 2344 of "1998 dismissing the appeal and thereby affirming the judgment and order of conviction and sentence passed by the learned Sessions Judge, Patuakhali in Sessions Case No.23 of 1985. 2. Prosecution case, in brief, is that on ..Category: Criminal Law | Date: | Hits: 43
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......vision in Civil Revision No. 2542 of 2000 discharging the Rule. 3. Short facts are that the Opposite Party No. 1 instituted Miscellaneous Case No.2 of 1988 in the Court of Senior Assistant Judge, Lalmonirhat Sadar impleading the petitioner as pre-emptee opposite party and opposite party ..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......il Revision No. 1740 of 1995 making the rule absolute setting aside the order dated 30.1.1995 adding the petitioner as a party under Order 1 rule 10 of the Code of Civil Procedure by the Assistant Judge, Galachipa in Title Suit No.90 of 1994. The suit was for a declaration that the order dated 2..Category: Property Law | Date: | Hits: 24
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......Division Bench of the High Court Division in First Appeal No.9 of 1993 allowing the appeal in part. 2. The plaintiff instituted Money Suit No.70 of 1990 in the 3rd Court of the Subordinate Judge (now joint District Judge), Dhaka against the defendants praying for a decree for recovery of..Category: Employment/Service Law | Date: | Hits: 82
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