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Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....ant was in possession after his purchase on 20-8-75. On these unchallenged facts, we come to the first question to see whether the High Court Division has allocated the onus on the parties on right principle. The other grounds of the leave order are dependant on the first facts. The High Court Div......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 ....... Enemy Property Burden of Proof The burden of proof is on the Enemy Property Authority to establish that the predecessors of the vendors migrated to India earlier to the Enemy Property Law came into operation in 1965, to establish that the property is enemy property. Having failed to ..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....repealing Act or Regulation had not been passed." 28. In the first mentioned cases, namely, Syed Ahmed Vs. State, the Supreme Court of Pakistan, besides observing that there is no difference in principle between repeal and amendment was considering whether an act is or is not offence is a matt......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 ...... Vs. Jauncey. (1950) IRB 574; Gardener Vs. Lucas (1878) 3 A.C. 582 at page 603; Republic of Costa Rica Vs. Erlanger (1874) 3 Ch. D. 62; Akhtar Hossain Khan Vs. The State (1977) 29 DLR (SC) 101. Lawyers Involved: K.A. Bakr, Attorney-General (A.W. Bhuiyan, Asstt. Attorney-General with him) in..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....terlocutory order which is a step in the procedure that leads to a final decree. It is open on appeal from such final decree to question an interlocutory order. The present Code has recognised the principles set out by the Privy Council with some modification, and there is nothing in the present......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 ......All (Lucknow Bench) 119; Maharaj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-R..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 ......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 ...... J. Mofazzal Hossain Mollah and others .........................Accused-Appellants Vs. State ..........................Respondent Judgment May 10th, 1993 Lawyers Involved: Shahidul Islam, Advocate, (appeared with leave of the Court) instructed by..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 ...... 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 ......s Referred to- Nawab Humayun Begum Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94; Sunder Singh Vs. Managing Committee, 1938 AIR (PC) 73 & Deo Kuer Vs. Sheo Prasad AIR 1966 SC 369. Lawyers Involved: BN Chowdhury, Advocate, instructed by Abdur Rab-II. Advocate-on-Record-For..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 ......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 ....... Inu Mia and others .........................Appellants Vs. Mokhlesur Rahman and others.........................Respondents Judgment January 15th, 1980. Lawyers Involved: Abdus Salam, Senior Advocate, instructed by BC Panday, Advocate-on-Record-..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......rul Alam @ Haji Nurul Alam Sawdagar.....................Appellant Vs. Al‑Haj Abdus Sobhan Sawdagar Wakf Estate and another ....................Respondents Judgment January 22, 1992. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, S K Shaha, Advocate with him) instructed b..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......6 of 1993] Al-Haj Md. Rafique Miah ..................Petitioner [In CP No. 107 of 1993] Vs. Golden Biscuit Co....................Respondent [In both cases] Judgment May 20th, 1993. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Sajjadul Huq, Advoc..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......d Urban Development and another...............................Respondents Judgment May 25, 1992. Case Referred to- Bangladesh Vs. Jaferuddin, 1986 BLD (AD) 180. Lawyers Involved: TH Khan, Senior Advocate (MA Wahab Miah, Advocate with him), instructed by..Category: Property Law | Date: | Hits: 101
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ...... Vs. Zahir and ors ..............Respondents Judgment November 27th, 1980. Lawyers Involved: &nbs..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....sons to testify against the accused other than those who are in ties of relationship with the complainant or have personal animus against the accused. The Courts whose duty it is to adopt careful principles for the safe dispensation of justice act with perfect propriety when they scrutinize ......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ...... PLD (SC) 387; Karnail Singh and another Vs. State of Punjab 1954 AIR (SC) 2; Lachhman Singh Vs. State 1952 AIR (SC) 167 & State of UP Vs. Paras Nath Singh and others 1973 AIR (SC) 1073. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advocat..Category: Criminal Law | Date: | Hits: 60
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......ip;……..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January 21st, 1993. Lawyers Involved: Abdur Rab 1, Advocate-on-Record-For the Appellant M Shamsul..Category: Property Law | Date: | Hits: 63
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......ors………………….Appellants Vs. State ................................Respondents Judgment November 19th, 1992. Lawyers Involved: Abdul Malek, Sr. Advocate, (Zamiruddin Ahmed, Advocate with him) instructe..Category: Criminal Law | Date: | Hits: 40
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......khter Hossain and others (in all the Appeals) ............. Appellant Vs. Sayera Khatoon...............................Respondent Judgment December 7th, 1992. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. (In all the appeals)...Category: Property Law | Date: | Hits: 72
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......sation concerned, to join associations of their choosing without previous authorisation” (Underlines are mine). This section has its source Article 2 of Convention No. 87 adopted by the International Labour Organisation in 1948 and ratified by (former) Pakistan. But the Ordinance, 196......s ….........................Respondents [In CA No. 18. of 1993] Judgment August 18th, 1993. Case Referred to- Asaduzzarnan Vs. Bangladesh 42 DLR (AD) 144; Lawyers Involved: Rafique-ul-Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocat..Category: Labour and Industrial Law | Date: | Hits: 103
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
.... those five plots been closely connected together holding a compact block of land and had there been no public path between the pre‑emptor's land and the compact block including the tank, the principle of "contiguity" might have been applicable. 4. A similar question came ......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......tee-Respondents Judgment April 21st, 1993. Cases Referred to- Ahmed Hossain Vs. Basharat Ali 32 DLR (AD) 54; Hazi Tozambar Ali Vs. Abdus Sattar 34 DLR (AD) 217. Lawyers Involved: TH Khan, Senior Advocate, Supreme Court, (MA Wahhab Miah, Advocate with hi..Category: Property Law | Date: | Hits: 72
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......lla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents Judgment March 29th, 1993. Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah, Advocate with him) instructed b..Category: Election Law | Date: | Hits: 106
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....gh Court Division's rejection of the application restoration. 11. The Latin expression 'ex parte', meaning from one party or side, has not been defined in Code of Civil Procedure. One of the basic principles of the adversary procedure followed in our court system is that as far as possible, no pr......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......D) 371, Bangladesh Vs. Jaheruddin 1986 BLD (AD) 180(182), Mst. Nurjahan Begum Vs. Giri Gopal Sarker 1979 BSCR (Vol. 3) 400 and Mst. Sanatannessa Bewa Vs. Baipatullah Sarker & ors. 1989 BLD (AD) 1. Lawyers Involved: SR Paul, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-On-Reco..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ...... Mustafa Kamal J Latifur Rahman J Sompong.............Accused-Appellant Vs. State …..............Respondent Judgment January 18th, 1993. Lawyers Involved: Md. Korban Ali, Advocate, instructed by Md. Aflab Hossain, Advocate-on-Rec..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
.... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ......angachari Vs. Secretary of State AIR 1937 PC 27; Krishna Kumar Vs. Divisional Asstt. Electrical Engineer, Central Rly. AIR 1979 (SC) 1912; State of UP Vs. Ram Naresh AIR 1970 SC 1263 (1265). Lawyers Involved: AW Bhuiyan, Additional Attorney‑General (B. Hossain, Deputy Attorney..Category: Administrative Law | Date: | Hits: 114