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Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......ection (2) of section 13 of the General Clauses Act and in view of the history of the legislation of the acquisition of interest in hats and bazars by the Government. The view taken by the learned Judge of the High Court Division is, therefore, unsustainable and liable to be set aside. 17..Category: Property Law | Date: | Hits: 64
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
.... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ...... Mustafa Kamal J.- The plaintiff-respondent filed Title Suit No. 546 of 1974 in the 1st Court of Subordinate Judge, Dhaka (now renumbered as Title Suit No. 77 of 1990 of the 4th Court of Subordinate Judge, Dh..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ...... investigation the Police submitted charge sheet under sections 156(8) of the Customs Act, 1969, 25B(l) of the Special Powers Act and 8(1) of the Foreign Exchange Regulation Act. The learned Sessions Judge, Dhaka on receipt of the case record took cognizance as Ex‑officio Special Tribunal and tran..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......osal of his appeal but making it conditional upon payment of the entire fine of Taka 9,00,00.0.00 (nine lacs) is sustainable in law. 2. The appellant was convicted by the Additional Sessions Judge, Dhaka, by an order dated 4 February 1988 under section 409 of the Penal Code and sentenced ..Category: Criminal Law | Date: | Hits: 44
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ...... Judgment: Mahmud Hussain J.—This appeal is against the judgment of a learned Single Judge of the erstwhile High Court of East Pakistan. 2. The appellant filed Miscellaneous Cas..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......nt made by her on the land. It directed the respondent to deposit the said sum to the credit of the appellant as compensation. 4. The transferee preferred an appeal and the learned District Judge, agreeing with the trial Court that section 96 of the State Acquisition Act was applicab..Category: Property Law | Date: | Hits: 60
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......tenance to her and to the children. So, he awarded maintenance at the rate of Rs. 100/- per mensem to Begum Hamida and to each of her children. Against this order the respondent moved the Sessions Judge under section 438 of the Code of Criminal Procedure for making a reference to the High C..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......e case before the Sub-divisional Magistrate who passed similar orders of remand. After making unsuccessful attempts to obtain bail from the Sub-divisional Magistrate, A.T. Mridha moved the Sessions Judge of Khulna who also rejected the prayer for bail on 14-12-72. Thereafter on 22-12-72 he filed ..Category: Criminal Law | Date: | Hits: 125
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ...... Sayem CJ.- This appeal arises out of an application under section 34 of the Arbitration Act of 1946 in a Money Suit pending in the 3rd Court of the Subordinate Judge at Chittagong. 2. The suit was instituted by the erstwhile Province of East Pak..Category: Civil Law | Date: | Hits: 110
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ...... 16 July, 1987, passed in Criminal Reference No. 5 of 1985, Criminal Appeal No. 343 of 1985 and Jail Appeal No. 344 of 1985, all of which arose from a judgment and order of the Additional Sessions Judge, Bogra, dated 21 December 1985 in Sessions Case No. 17 of 1984. State is the appellant and th..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......Court Division in Criminal Appeal No. 287 of 1988. dismissing the appeal and upholding the conviction and sentence of the Appellants under sections 302/149 of the Penal Code passed by the Sessions Judge, Kishoreganj, in Sessions Case No. 105 of 1986. 2. The prosecution case is, that on 2..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......eace." A reference has also been made to the following observations of Munir, CJ in Federation of Pakistan Vs. Tamizuddin Khan 7 DLR (FC) 1955 291 (330)- "It has been suggested by the learned Judges of the Sind Chief Court and has also been vehemently urged before us that if the view that I ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ...... 2 and others including the petitioner who featured as defendant No. 9 in the suit, being Money Suit No. 528 of 1990, the judgment and decree of which was passed on 31.3.91 by the learned Subordinate Judge, Artha Rin Adalat No. 3, Dhaka. Section 7 of the Artha Rin Adalat Act, 1990 provides for appea..Category: Civil Law | Date: | Hits: 139
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ...... Shahabuddin Ahmed CJ.- Petition Rupali Bank, filed Money Suit No. 94 of 1989, re‑numbered as Money Suit No. 187 of 1991, in the Court of Subordinate Judge-cum- Commercial Court No. 1, Dhaka, against defendant No. 1, a Private Ltd. Company and its d..Category: Banking Law | Date: | Hits: 106
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......of 1993) Judgment Mustafa Kamal J.- The accused‑petitioner was being tried for the murder of one Nayek Ali Azam under section 302 of the Penal Code by the First Court of Additional Sessions Judge, Dhaka, in Sessions Case No. 300 of 1992. All the PWs were examined and cross‑examined, two ..Category: Criminal Law | Date: | Hits: 53
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......nbsp; ATM Afzal J.- This appeal by the plaintiff following leave is from Judgment and Decree dated 16 February, 1984, passed by a Single Judge of the High Court Division (at Sylhet) in Second Appeal No. 554 of 1978 allowing the same. ..Category: Property Law | Date: | Hits: 80
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......his dismissal and when this fact was known to the Labour Court, the latter seriously erred in law in reinstating the worker in service. 3. While dismissing the Writ Petition summarily, the learned Judges of the High Court Division observed: "It is true that a worker, convicted in a crimin..Category: Labour and Industrial Law | Date: | Hits: 103
Ansaruddin Ahmed Vs. Senior Assistant Judge and Election Tribunal, Barguna & ors, 1994, 23 CLC (AD)
....ecounting the ballots, the High Court Division rightly discharged the Rules Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ......man J. Ansaruddin Ahmed ............... Petitioner [In CP No. 194 of 1993] Nasir Miah and others..................Petitioners [In CP No. 193 of 1993] Vs. Senior Assistant Judge and Election Tribunal, Barguna and others .........Respondents [In both the petition] ..Category: Election Law | Date: | Hits: 120
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......possession, they filed the suit in question (Title Suit No. 215 of 1984) for declaration of title and confirmation of possession, etc. The suit was decreed by the trial Court namely, the Assistant Judge, Manikganj, and his decision was upheld by the District Judge. Thereupon defendant No. 5, Add..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......s case an order accepting or rejecting the petition under Order VII rule 11 CPC. 2. Respondent No. 1, Agrani Bank, instituted as plaintiff Mortgage Suit No. 21 of 1990 in the Court of Subordinate Judge and Artha Rin Adalat No.1, Chittagong claiming an amount of Taka 8,89,94,800.22 against the de..Category: Banking Law | Date: | Hits: 168
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