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Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......ent and the earlier order was not passed under its sub‑rule 9 of Rule 6 of the Administrative Tribunal Rules, 1982 which reads as follows: "(9) The Tribunal shall, after the application has been heard, give its decision in writing with reasons therefore, at once or on som..Category: Administrative Law | Date: | Hits: 125
Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)
....h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......bsp; ATM Afzal J.- Plaintiff‑petitioner filed Title Suit No. 301 of 1959 in the First Court of the Assistant Judge, Patuakhali which was dismissed for default whereupon an application under Order 9 rule 9 of the Code of Civil Procedure was filed for setting the dismissal..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......es that no injunction can be granted to stay proceedings in any criminal matter. 2. The trial Court, the learned Subordinate Judge, 1st Court, Dhaka rejected the defendant- respondents application under Order VII, rule 11 CPC in Title Suit No. 27 of 1985. In revision, Civil Revision ..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ......o claim payment of any bill from the appellant from 5.5.85 but the appellant was liable to pay electric bills from 10.10.85. The learned Assistant Judge found that the appellant had admitted in his application to the defendants dated 7.5.87 (Ext. B) that he had taken electric connection to his r..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......; Shahabuddin Ahmed CJ.- This appeal by leave calls in question an order of the High Court Division dated 30 October 1991 summarily dismissing the accused-appellant's application under section 561A Cr.P.C. for quashing a criminal proceeding against him. 2. T..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......cumstances the miscellaneous case does not lie. 4. The cited decisions relate to pre‑emptors who failed to maintain their co‑sharership till the end of the proceeding and have no application to the facts and circumstances of the present case. If a pre-emptee is not a co-sharer ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
.... of the area retainable by the plaintiff without determining by local investigation the area of the portion of the plot over which the cattle market sits, the appellate court remanded the case for fresh trial after getting the market area demarcated by local investigation. 6. Relying on Y......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 ..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 ......3.86 the plaintiff was directed to file deficit court fee by 4.4.86. The plaintiff having failed to do so the plaint was rejected by order dated 5.4.86. 2. On 18.4.87 the plaintiff filed an application under section 151 CPC for vacating the order dated 5.4.86 and for restoring the suit to..Category: Property Law | Date: | Hits: 49
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 ......efault, to rigorous imprisonment for two years more. He preferred an appeal, Criminal Appeal No. 54 of 1988, which was admitted for hearing by the High Court Division, Dhaka. The appellant filed an application for bail and also for stay of realisation of the fine pending disposal of the appeal. ..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. ...... of the High Court, the appellant filed this petition for special leave to appeal and leave was granted to consider whether the High Court was justified in taking the view that there was no proper application for setting aside the abatement. 4. Mr. Mia Abdul Gafur, the learned Counsel app..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....w unless, as the section itself says, a different intention appears. In the case of simple repeal there is scarcely any room for expression of a contrary opinion. But when the repeal is followed by fresh legislation on the same subject we would undoubtedly have to look to the provisions of t......n Case No. 811 of 1966. Judgment: Mahmud Husain J.—This appeal which arises out of an application for preemption is at the instance of the transferee. It is against. a judgment of a Di..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......passed in Writ Petition No, 559 of 1974). Judgment Sayem CJ.- This appeal arises out of an application under Article 102(2)(a)(ii) of the Constitution. It is by the applicant before the High..Category: Constitutional Law | Date: | Hits: 716
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. ......e respondent neglected and refused to maintain the appellant and her 4 children. Thereupon, the above mentioned case was filed under section 488 of the Code of Criminal Procedure 3. The application was contested by the respondent and he denied the allegation that he had neglected and ..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. ......, reported in A.I.R 1954 All 601, arose out of a petition filed under article 226 of the Constitution of India or a Writ in the nature of Habeas Corpus and the petitioners also founded their application under sections 491 and 561A of the Code. There is an observation to the judgment that ..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. ......in FMA No. 6 of 1965). Judgment: 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 Cour..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....one part of section 427 of the Code, the High Court Division will have no power subsequently to modify such a direction, which is obviously an order of an interlocutory nature, and pass a fresh order under another part directing that the respondent be released on bail. 22. On a c...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....er 1973. With regard to the atrocities and destruction committed in Bangladesh in 1971, he Prime Minister of Bangladesh had already declared that he "wanted the people to forget the past an to make a fresh start …………(.)". The respondent's contention that he was stranded in Pakistan till he l......973 he went to London. From a copy of the Bangladesh Observer he came to know about the Notification dated 18 April 1973. No prior notice was served on him. On January 17, 1976 the Government invited applications from those persons whose citizenship had been cancelled by the previous Government for ..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 ......ays from the date of the decree on depositing at least half of the decretal amount, the appeal being non-entertainable without making such deposit. The petitioner, without filing any appeal, filed an application under Article 102 of the Constitution, namely, Writ Petition No. 892 of 1991, which was ..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 ...... Subordinate Judge-cum- Commercial Court No. 1, Dhaka, against defendant No. 1, a Private Ltd. Company and its directors, defendants Nos. 2-6 for realisation of Taka 89 lac and some odd. But, on an application by the said directors-defendants, their names were struck off by the Subordinate Judge,..Category: Banking Law | Date: | Hits: 106
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......09;emptee is directed against the judgment of the High Court Division, Sylhet, in Civil Revision No. 1391 of 1978 discharging the Rule and upholding the orders of the Courts below arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The pre̴..Category: Property Law | Date: | Hits: 85
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