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Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... Syed Ishtiaq Ahmed, Senior Advocate, instructed, by Abul Quashem Bhuiyan, Advocate- on - Record -For the Respondents. Civil Appeal No. 51 of 1990. (From the Judgment and Order dated 10 December, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 1609 of 1989)...... 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 ..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....ajumder, Advocate-on-Record- For Respondent No. 1. B Hossain, Advocate-on-Record - For the Respondent No. 2. Criminal Appeal No. 3 of 1992. (From the Judgment and Order dated 30.10.91 passed by the High Court Division, Dhaka, in Criminal Revision No. 1889 of 1991). ......not "entrustment" of the fish which is to be disposed of according to the direction of the person making the entrustment, in this case, the seller. 5. Mr. Amirul Islam has cited a decision of his Court in an unreported case (Criminal Petition No. 26 of 1991) wherein the Court re..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....For the Appellant. Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-record - For the Respondent. Civil Appeal No. 62 of 1985. (From the judgment and order dated 24th June 1984, passed by the High Court Division, Dhaka Bench, in SMA No. 16 of 1972). ...... East Pakistan, 15 DLR 37. It held that the suit land was not a non‑retainable land and that the Government's Order dated 31st May, 1969 was void and illegal. 5. After considering the decision in 11 DLR (SC) 316, the amendment of section 20 by Ordinance No. XII of 1960, and the dec..Category: Property Law | Date: | Hits: 64
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
....b Ali, Advocate-on-Record-For the Respondent No. 1. Not Represented ‑Respondent No. 2. Civil Petition for leave to appeal No. 121 of 1990. (From the judgment and order dated 27.2.90 passed by the High Court Division, Dhaka in Civil Revision No. 575 of 1987). J......sposition, he could not take steps after 25.1.86 and the order of rejection of the plaint was passed without his knowledge. By order dated 11.5.87, the trial Court, although unable to take any firm decision as to the plaintiff s pleas, vacated the order dated 5.4.86 and restored the suit to its ..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....cord-For the Appellant. Serajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-For the Respondent. Criminal Appeal No. 19 of 1990 (From the judgment and order dated 10.11.88 passed by the High Court Division, Dhaka, in Criminal Appeal No. 558 of 1987). Jud......the respondent under the Special Powers Act, the learned Counsel argues, is discriminatory vis-à-vis the provision for trial under the ordinary law. In support of his contention be has referred to a decision of the Pakistan Supreme Court in the case of Waris Meah Vs. The State, PLD (1957), SC 157 a..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
.... the Appellant. B Hossain, Assistant Attorney General, instructed by M Nawab Ali, Advocate-on-Record - For the Respondent. Criminal Appeal No. 9 of 1988. (From the order dated 23.2.88 passed by the High Court Division, Dhaka, in Criminal Appeal No. 54 of 1988). ......tion is not at all the business of the appellate Court since a separate procedure has been laid down in the Cr.P.C for executing a sentence of fine. The learned Counsel has sought reliance from two decisions of the Pakistan Supreme Court, one reported in the case of Man Mahmud Ali Qasuri and othe..Category: Criminal Law | Date: | Hits: 44
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....y S, M Huq, Advocate-on-Record—For the respondent No. 1. Civil Appeal No. 40-D of 1970. (On appeal from the judgment and order of the erstwhile High Court of East Pakistan dated 19-4-67 in Civil Revision No. 704 of 1962). Judgment: &......he cause of the appellant on this ground The non-inclusion of some of the parties of the pre-emption proceeding in the present appeal is a mere irregularity and will not in any way affect the decision of the Court. The views taken in the case of Syed Abdul Karim and others. Vs. Harendra Cha..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....y S.M, Huq, Advocate-on-Record—for Respondent. Civil Appeal No. 78-D of 1968, (On appeal from the judgment and order of the erstwhile High Court of East Pakistan dated 14-2-67 in Civil Revision Case No. 811 of 1966. Judgment: &nb...... 21. The case of Mamijannessa vs. Tazaruddin & another reported in 14 DLR 572 is on facts different from the present one and as sue the principle enunciated therein cannot be of any aid for a decision of the present case. Because in the case reported in 14 DLR, 572 the pre-emptor lost his i..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....ement shall be subject to ratification by the Governments of Bangladesh and India and Instruments of Ratification shall be exchanged as early as possible. The Agreement shall take effect from the date of the exchange of the Instruments of Ratification." It will appea......ion was taken as to the validity of the certificate; the appeal was disposed of on merits. In Sashi Bhusan's case S.A Rahman CJ, who delivered the main judgment referred to the above Privy Council decisions as also some other cases and repelled an argument that the mere physical fact of the gran..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
..... Nurul Huda, Senior Advocate instructed by S.S. Huda, Advocate-on-Record—For the Respondent. Criminal Appeal No. S-D of 1971. From the judgment and order of Dacca High Court dated 3t-10 69 passed in Criminal Revision No. 813 of 1968. Judgment: &nbs......;in the whole’ but the amount of maintenance granted to Begum Hamida and her four children having exceeded Rs. 400/ the order of the Magistrate has been held to be bad in law. No decision has, however, been referred to in support of this view. In Mst. Sughra Begum Vs Mia Moham..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
..... Huq, Advocate-on-Record—For the Respondents. Criminal Appeal No. 11 of 1973, with Petition for Special Leave to Appeal No. 58 of 1973. (On appeal from the judgment and order dated 31st May, 1973 passed by the High Court Division of this Court in Criminal Revision Case No. ......assed by the District Magistrate or the District Judge may be construed as an order passed in administrative capacity or as persona designata and reference may, for such cases, be made to the decisions in the cases of Husain All Vs. Emperor, reported in A.I. R 1920, Cal 635 and Jagmohon Sur..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....titioners. Not represented—For the Respondent. Petition for Special Leave to Appeal Nos. 47 & 48 of 1973 (Against the judgment and orders of the High Court Division dated the 9th July, 1973 in Criminal Revision Nos. 238 & 240 of 1973). Judgment: ......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....s. None—For the Respondents. Petition for Special Leave to Appeal No. 45 of 1973. (Against the judgment and order of the High Court Division dated the 2nd July, 1973 in Criminal Revision No. 230 of 1973) Judgment: ......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....S. S. Hoda, Advocate-on Record —For the Respondent. Civil Appeal No. 37-D of 1970. (From the judgment and order of the High Court at Dacca dated the 29th April, 1968 passed in FMA No. 6 of 1965). Judgment: ......ment together with an application praying that the suit be stayed under section 34 pending a reference to arbitration, the second defendant filed a separate petition praying that pending the decision on the first defendant's petition under section 34 further proceedings in the suit ..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....fa Kamal, instructed by Abdur Rab II, Advocate-on-record—For the Respondent in Criminal Appeal No. 6 of 1973. Criminal Appeal Nos 5 and 6 of 1973. (From the Judgment and Order dated 28-11-72 and 9-1-73 of the High Court Division passed in Govt. Appeal No. 20 of 1972.) ......at the legislature excludes or curtails the jurisdiction of superior Courts only by express language or necessary intendment, which we find absent in this case. Mr. Mustafa Kamal cited a number of decisions in support of this proposition. We will content ourselves by referring to 21 D.L.R. (SC) ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....or Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 1. Not Represented -Respondent Nos. 2 & 3. Civil Appeal No. 58 of 1993 (From the judgment and order dated April 22, 1993 passed by the High Court Division in Writ Petition No. 1316 of 1992) Judgme......f Home Affairs and surrendered his Pakistani passport. On 27 May 1980 the Minister of Home Affairs informed Parliament that the respondent's application for restoration of citizenship was pending for decision of the Government. On being asked by the Immigration Section of the Ministry of Home Affair..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....s 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 appeal to the High Court Division within 30 days from the date of the decree on depositing at least half of the decretal amount, the appeal being non-entertai......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 ..Category: Civil Law | Date: | Hits: 139
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....d, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record -For the Appellant. Not represented - The Respondent. Civil Appeal No. 28 of 1986 (From the Judgment and order dated 14.11.84 passed by the High Court Division, Sylhet Bench, in Civil Revision No. 1391 of 1978......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 ..Category: Property Law | Date: | Hits: 85
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....dud Khandker, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 75 of 1993. (From the judgment and order dated 27.7.93 passed by the High Court Division is Criminal Revision No. 933 of 1993) Judgment ......e was out of the country. He has returned only a few days back and he is now available. As an eye-witness, his evidence is vitally important, necessary and essential for arriving at a just and proper decision in the trial. The prosecution prayed that for the ends of justice, the said witness be summ..Category: Criminal Law | Date: | Hits: 53
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
.... of a criminal offence by a Court and, as such, no show cause notice or enquiry for his dismissal was required; however, in his case, all opportunities were given to him for defending himself. On the date of hearing, April 27, 1988, the employer was absent and the Labour Court allowed the Complaint ......he case for hearing ex parte and after hearing the First Party and after perusing the papers produced by him, found that the case of the First Party was proved and accordingly gave the impugned decision. Even if some materials are not considered by the Labour Court, it may be an illegality o..Category: Labour and Industrial Law | Date: | Hits: 103
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