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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 ......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 ......Cases Referred to- Mian Mahmud Ali Qasuri & others Vs. State 15 DLR (SC) 429; Faizur Rahman Sarkar Vs. State, Criminal Appeal No. 9-D of 1969 & Criminal Appeal No. 7 of 1988. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by..

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. ......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. ......ellip;……………….Respondents Judgment July 16, 1073 Case Referred To: S.A. Karim vs. Harendra Chandra Dhupi, 14 DLR, 847. Lawyers Involved: Mia Abdul Gafur, Advocate instructed by S. S. Huda, Advocate-on-Record&mda..

Category: Property Law | Date: | Hits: 50

Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)

....respondent and the sub division of the holding obtained by the appellant remained subject to an order to be obtained in a procee­ding for pre-emption initiated by the respondent. 19. The principle enunciated in the case of Lakhi Kanta Patibar Vs Sunil Kumar Patibar and others reported ......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. ...... Vs. Abdul Bashir Bhuiyan and others………………………………Respondents Judgment July 18, 1973. Lawyers Involved: T. Ali, Senior Advocate instructed by Abdul Matin Khan Chowdhury, Advoca..

Category: Property Law | Date: | Hits: 60

Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)

....elief asked for by the plaintiffs was refus­ed, on the ground of absence of standing or loc­us standi. The Supreme Court observed: —   "It is an elementary principle that, in order to justify the granting of this extra­ordinary relief, the complainan......he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ......al, (1971) I WLR 1037; Walker Vs. Baird, 1892) AC 491 PC; Johnstone Vs. Pedler, (1921) 2 AC 262; Nissan Vs. Attorney-Gene­ral (1970) AC 179; Canada Vs. Attorney-General, AIR 1937 PG 82. Lawyers Involved: Ahmad Sobhan, Senior Advocate with Abdul Malek, Md. Amar Ali, A.Z.M. Khali..

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. ......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. ...... Vs Sm Soroju Devi. AIR 1933 Cal 406 ;M Bulteel, Vs R C. Bulteel,  AIR 1938 Md 721 ; Bai Pravabati Vs. Sumatilal, AIR 1954 Bom 546: Mohammad Ali Vs. Mt Sakina Begum, AIR 1944 Lah. 392. Lawyers Involved: Aminul Huq, Advocate-on-Record—For the Appellant. Md. Nurul ..

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 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. ......welyn Evans. AIR 1926 Bom. 551; Lala Jairam Das Vs  Emperor, AIR 1945 P C.  94; State of Uttar Pradesh vs. Md. Naim AIR 1964 (SC) 703; Ghulam Mohd. Muzammel Khan, 19 DLR (SC) 439. Lawyers Involved: Fakir Shahabuddin Ahmed, Attorney-General assisted by Ismailuddin Sarkar, ..

Category: Criminal Law | Date: | Hits: 125

A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)

....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. ......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. ......J A.K.M. Fazlul Hoque & others...........................................Petitioners Vs. State....................Respondent Judgment August 22, 1973. Lawyers Involved: Manzoorul Ahsan, Advocate, Supreme Court instructed by A W Mian, Advocate-..

Category: Criminal Law | Date: | Hits: 53

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. ......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. ......;….. Res­pondent Judgment September 5, 1973. Case Referred To: Seafarers Inc. vs. Prov. of E. Pakistan. 20 DLR (SC) 225. Lawyers Involved: S M. Hussain instructed by A. Rab, II, Advocate on-Record—For ..

Category: Civil Law | Date: | Hits: 110

Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)

....oubt, however, on the ques­tion of the High Court Division's said jurisdic­tion we would have resolved that doubt in fa­vour of its preservation in consonance with the well-established principle of construction of statutes that the legislature excludes or curtails the jurisdiction of...... 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. ......ip;………. Respondents Judgment July 18, 1971 Cases Referred To: Sate Vs. Mohammad Hossain.25 DLR 207; Md. Ismail vs. State, 21 DLR (SC) 16. Lawyers Involved: Faqueer Shahabuddin Ahmed, Attorney-Ge­neral instructed by Abdur Rab 1..

Category: Criminal Law | Date: | Hits: 39

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 ......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 ......ic of Bangladesh ........................Appellant Vs. Ashraf Ali and others ............Accused-Respondents Judgment January 2nd, 1994. Lawyers Involved: B Hossain, Advocate-on-Record- For the Appellant. Abdu..

Category: Criminal Law | Date: | Hits: 119

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

.... a permanent resident under the proviso to Article 2; that the allegations that the respondent's indulged in anti-Bangladesh activities were irrelevant; that the notification was bad for violation of principle of natural justice; and that the respondent' writ petition was not bad for laches and dela......petitioner's continuous permanent residence in this country as a naturalised citizen and his taking oath of allegiance to Bangladesh the Court ignored his application filed in time of distress to the International Committee of Red Cross for going to Pakistan which was however rejected for not being ...... Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: Aminul Huq, Attorney‑General, (AF Hasan Ariff, Deputy Attorney-General, and ..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)

....pointed as permanent Muharrars vis‑a‑vis Muharrars, notwithstanding the long service as TC Muharrars. The Petitioner alleged that the impugned order was passed against the rules and the principle of natural justice and further in violation of their constitutional right equality befor......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......; ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nurul Islam and another ………….. Petitioners Vs. The Secretary, Ministry of Law and Justice and others…………Respondents Judgment Feb..

Category: Employment/Service Law | Date: | Hits: 66

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 ......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 ......ATM Afzal J and Latifur Rahman J. Jafar Ali ....................Appellant vs. Hushiar Ali and others...........Respondent Judgment June 7th, 1990. Lawyers Involved: Mohammad Habib Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate..

Category: Property Law | Date: | Hits: 85

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 ......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 ......fzal J Mustafa Kamal J Latifur Rahman J Hemayatuddin alias Auranga ……Petitioner Vs. State ..........................................Respondent Judgment August 26, 1993. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on..

Category: Criminal Law | Date: | Hits: 53

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. ......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. ...... Mustafa Kamal J Latifur Rahman J Chittagong Chemical Complex ……Appellant Vs. The Chairman, Labour Court and another ..............Respondents Judgment November 30, 1993. Lawyers Involved: Khalilur Rahman, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Rec..

Category: Labour and Industrial Law | Date: | Hits: 103

Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)

....to pay the price of goods and on his undertaking to pay, the goods were delivered to him, bat he fails to pay the price thereof, no case of cheating would lie against him. 4. It is a settled principle that the initial intention to deceive must be established to justify a conviction for ch...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 .........Respondents Judgment May 9th, 1993. Cases Referred to- Abdul Awal Chowdhury Vs. Md. Waliullah 12 DLR 520; Md. Anwar Ali Vs. State & Nezamuddin 30 DLR 327. Lawyers Involved: MA Wahhab Miah, Advocate, instructed by Shamsul Hoque Siddique, Advocate-..

Category: Criminal Law | Date: | Hits: 70

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. ......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. ......f or counter-claim under rule 6 in a suit under the Adalat Act in whatever form, as Order VIII rule 6 is inconsistent with the jurisdictional provisions of the Adalat Act…………………(17) Lawyers Involved:  Syed Ishtiaq Ahmed, Senior Advocate (Rokanuddin Mahmud, Advocate with him..

Category: Banking Law | Date: | Hits: 168

Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)

.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- Lajpat Rai Seligal Vs. State, 1983 Criminal Law Journal, 883; Mihir Lal Saha Poddar Vs. Zhunu Rani Saha, 37 DLR 227; Rezaul Karim Vs. Mosammat T..

Category: Criminal Law | Date: | Hits: 69

Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)

....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......lder Vs. Nani Gopal Mondal, AIR 1960 Cal. 258; Kedar Nath Vs. Golam Hossain 40 CWN 83; Ramji Lal and ors. Vs. Giani and another, AIR 1921 Lab 250; Abdul Gafur Vs. Bangladesh 42 DLR (AD) 100. Lawyers Involved: AW Bhuiyan, Additional Attorney‑General, (Sharifuddin Chaklader, Ass..

Category: Procedural Law | Date: | Hits: 104

Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)

....ns detailed and exhaustive and do not take care of all possible substantive and procedural situations. There has, therefore, developed a practice in the High Court Division to apply by analogy the principles of the Code of Civil Procedure as and when necessary to meet the exigencies of the situa......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ni Begum and others......................Appellants Vs. Rajdhani Unnayan Kartripakha and others ...........................Respondents Judgment March 31st, 1994. Lawyers Involved: Awlad Ali, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-..

Category: Procedural Law | Date: | Hits: 102