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Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......ondent No. 1. Civil Appeal No. 120 of 1977 from S.A. No. 307 of 1963. Judgment: K. M. Subhan, J.—This appeal by the defendants is on Special leave and is against the judgment of a Single Judge of the High Court Division, passed in a Second Appeal. The learned Judge set aside the judgmen..Category: Property Law | Date: | Hits: 56
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......examine the legality or propriety of the proceedings not having been affected, the Writ Petition was maintainable and the petitioner was entitled to get the declaration as prayed for. The learned Judges of the High Court Division in accepting the contention of the petitioner proceeded on the pre..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......etermined on taking evidence and not by arbitration. It is the discretion of the Court as to whether the jurisdiction under section 34 of the Arbitration Act is to be exercised. The learned Admiralty Judge decided in the negative as to exercise of discretion and the matter ends there.…….(9) Ca..Category: Business or Commercial Law | Date: | Hits: 89
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......pal accused. The petitioner was arrested under a warrant of arrest issued against him by an order of the Sub-Divisional Magistrate on June 10, 1978. Later on he was released on bail by the Sessions Judge, Dacca. In pursuance of the aforesaid notification, the police station case No. 70 dated April..Category: Criminal Law | Date: | Hits: 58
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......Civil Rule No. 612 of 1975). Judgment: Kemaluddin Hossain CJ.—A short question involved in this appeal is whether a Second Miscellaneous Appeal against order of remand passed by the District Judge abated as a whole in the High Court Division on the death of four out of sixteen defendant-app..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......here is no scope for invoking the general provision of the Land Acquisition Act, 1894 to invest the said Court with a power to grant interest. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, awarding interest are set aside.………(7) Cases Referred to- Banglad..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......egard to the other contentions of the appellant, namely, that he was not given any opportunity to defend himself; and that the order of dismissal was passed without holding any enquiry, the learned Judges found no substance in this respect also. From the judgment of the High Court Division it..Category: Employment/Service Law | Date: | Hits: 130
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......assir, Cherag Ali, Aroz Ali, Mobarak Ali, Merabali and Mokassar Ali not sent up in C.S. under section 396 B.P.C. read with P.O. 50/72". 3. Against this order the appellants moved the Sessions Judge, Sylhet under Section 438/ 435 of the Code of Criminal Procedure which was rejected on 31.7.75..Category: Criminal Law | Date: | Hits: 48
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......mption case on various grounds, inter alia that absence of contiguity between the lands by reason of existence of a public pathway, prayer for pre-emption could not be allowed. The Sub-ordinate Judge accepted the pre-emptor's case of having land contiguous to schedule 1 land only, allowed pr..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......d order dated 28.11.78 passed by the High Court Division in Civil Revision Case No. 891 of 1978) Judgment: K. Hossain, CJ.— In this appeal the short point involved is whether the learned Judges of the High Court Division in granting stay of the execution of the decree for ejectment ..Category: Tenancy Law | Date: | Hits: 69
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......dinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 of the Ordinance has been inserted in the enrolment chapter. Specific provision..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 .....................Appellant. Vs. Bangladesh and another…….... Respondents Judgment April 25, 1978. The Special Powers Act, 1974 (Act XIV of 1974), section 27. The Sessions Judge can take cognizance of a case under section 27 of the Special Powers Act only on a report in w..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......statutes…….(5) Taking of cognizance of a case in the capacity of the Special Tribunal under section 27 of the Act while exercising the Jurisdiction under section 435 of the Code by the Session Judge has been held to be illegal………….(5) Lawyers Involved: Abdul Wadud Khondker, Advoc..Category: Criminal Law | Date: | Hits: 63
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......is purchase. Kamini Kumar mortgaged the property to Nath Bank (Pakistan) Ltd. by a registered deed of mortgage dated 28-12- 44. The Bank filed Mortgage Suit No. 84 of 1954 in the Court of Subordinate Judge, Noakhali against the mortgage on the death of Kamini Kumar, Promoda Sundari Devi and Sabitri ..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......394/427 B.P C. read with sec. 16 of the Special Powers Act 1974, which was started on the basis of the First Information Report dated May 4, 1974, is pending before the Court of Additional Sessions Judge and Special Tribunal No. 2 Dacca. In this case charge sheet was submitted on September 20, 197..Category: Criminal Law | Date: | Hits: 66
Coal Controller, Government of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......ision case No. 370 of 1993, discharging the Rule. 2. Respondent Ventura Industries Ltd, filed an application under Section 8 of the Arbitration Act, 1940 before the 3rd Court of Subordinate Judge, Dhaka praying for appointment of an Arbitrator by the Court on the ground that in respect of..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ...... the meantime on 6.8.71 the review petition under Order 47 read with section 151 of the Code (Miscellaneous Case No. 84 of 1970) was dismissed. Then on 15.1.74 the Civil Rule was heard by a Single Judge and the question canvassed before the High Court was whether the delay has been sufficiently ..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......appeal‑Criminal Appeal No, 20 of 1989‑which was dismissed by the Additional District Magistrate by an order dated 18 September 1990. This appellate order was challenged before Sessions Judge by a revisional application-Criminal Revision No. 204 of 1990‑but it was summarily dism..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ...... Subhan J.- This appeal by special leave arises out of a Judgment of the High Court Division dated April 25, 1975 passed in Civil Revision No. 1126 of 1974, setting aside the order of the District Judge, Noakhali in Miscellaneous Appeal No. 120 of 1974 affirming the order of the Subordinate fudg..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......e and he having not riled any application for pre-emption proceeding his heirs are not competent to start pre‑emption proceeding. 7. This question was argued before the learned Single Judge of the High Court Division submitting that since the right derived is an individual right, th..Category: Property Law | Date: | Hits: 54
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