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Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......ppeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), section 439 Rules of the High Court Division, Part 1, Chapter 11, Rule 7 Rule 7 A revisional application challenging an order of acquittal involving an offence punishable with sentence of imprisonment exceeding one year ......iminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ...... of the High Court Division, Part 1, Chapter 11, Rule 7 Rule 7 A revisional application challenging an order of acquittal involving an offence punishable with sentence of imprisonment exceeding one year is beyond jurisdiction of a single bench of the High Court Division. Case Referred to- ..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....ed or treated as abandoned property nor taken possession of by the Govt. in any manner under the President's Order No. 16 of 1972. The appellant was surprised to see the public notice dated 28.4.86 published in The Bangladesh Gazelle Extra-ordinary on 28.4.86 under the provisions of section 5(1)(a......ning exercise of discretionary jurisdiction under Article 102 of he Constitution. Even so the facts of the present case as revealed are such that it is found plainly difficult to sustain the ultimate order refusing to interfere with the impugned notification. It appears that there is not a shred of ......ase is also Reported in: 42 DLR (AD) (1990) 86. ......rks and ors.......…………………………….Respondents Judgment November 1, 1989. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)..Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....declared the result of election after accepting bribe from one of the contested candidates. 3. The High Court Division in making the Rule absolute, considered that the name of Oli Ullah Khan was published in the Bangladesh Gazelle on 13th June, 1988 i.e. two months after the issuance of the Rul......arim, Senior Advocate, instructed by A. Basel Majumder, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent Nos.2-4. Civil Appeal No. 22 of 1989. (From the judgment and order dated 8th January, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 264 of 1...... the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ...... ground that there were serious disturbances in those two centres which were captured by armed miscreants, and that the Presiding Officers declared the result of election after accepting bribe from one of the contested candidates. 3. The High Court Division in making the Rule absolute, consider..Category: Election Law | Date: | Hits: 111
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ...... Shah Md. Sharif, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Respondent No.1. Not represented. — Respondent Nos. 2-6 & 8-14. Dead. Substitution exempted vide order dated 28.1.86. —Respondent Nos. 7 & 15. Civil Appeal No. 124 of 1984. (From the ju......sed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ...... Result: The appeal is dismissed. The State Acquisition and Tenancy Act (XXVIII of 1951), section 96(3)(b) The pre-emptor respondent prayed for leave to deposit the balance consideration money with statutory compensation which the appellants opposed and such conduct of the appellants sig..Category: Property Law | Date: | Hits: 32
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......laintiffs case that the suit premises is a departmental quarter earmarked for judicial officer." In this view of the matter the learned single Judge concluded that there being no valid and lawful order of allotment in favour of plaintiff No. 1 and no legal right had inured in his favour giving r......out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ferred suit being Transferred Suit No.1 of 1980. Suit was filed originally in the Court of Munsif, Noakhali being Other Class Suit No. 337 of 1978. It was filed on 2.6.1979 against the Deputy Commissioner and Additional Deputy Commissioner (Development) for a decree of mandatory injunction directi..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......tab Hossain, Advocate-on-Record— For the Respondent No. 1. Not Represented. — For Respondent Nos. 2-14. Civil Petition for Special Leave to Appeal No. 109 of 1989. (From the judgment and order dated 5th March, 1989 passed by the High Court Division, Dhaka in Civil Order No. 223 of 1989)...... for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......sion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Ziaul Huq and others……………………………….......................Petitioners Vs Messers Business Resources Ltd. & others...................Respondents Judg..Category: Civil Law | Date: | Hits: 130
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......ge has not come to any finding as to service of summons upon the appellants to ascertain due service. So there is no necessity of farther determination of question of service upon the appellants. The order of the learned assistant judge has rightly been set-aside by the High Court Division. In decid......ssed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......Judge could not lawfully do, because, if he is considering an application under Order 9, rule 13 C.P.C he has authority to determine whether the ground for setting aside the ex parte decree as mentioned therein exists or does not exist. He cannot draw upon inherent power while acting under a speci..Category: Procedural Law | Date: | Hits: 88
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record.—Respondent No. 4. Not Respondent—Respondent Nos. 1-3 & 5-6. Civil Appeal No. 19 of 1989. (From the judgment order dated 11.12.1989 passed by the High Court Division, Dhaka in Writ Petition No. 1314 of 1988). ......ed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......n the said centre but the Presiding Officer counted the votes and submitted a result in TA Form. At the instance of the appellant, the Election Commission held an enquiry through the Deputy Commissioner, Comilla and then directed the District Election Officer, Comilla to obtain the election resu..Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ...... filed by plaintiff-respondent No. 2 for declaration of title to and partition of the suit land. On the application of the appellants, an Advocate Commissioner was appointed for local inspection by order dated. 11.11.86. Respondent No.1 who is defendant No. 5 in the said suit filed an application ...... of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ...... Assistant Judge, Cox's Bazar. The Suit was filed by plaintiff-respondent No. 2 for declaration of title to and partition of the suit land. On the application of the appellants, an Advocate Commissioner was appointed for local inspection by order dated. 11.11.86. Respondent No.1 who is defendant N..Category: Procedural Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
....Returning Officer which gave an appearance that the election was held peacefully the High Court Division set aside the order of Election Commission for re-poll. Respondent No.1 was also directed to publish the result of the election that was submitted by the Returning Officer. 3. The appellant ......of the report of the returning officer and such report being gathered from the report of the presiding officer, the High Court Division acted illegally in interfering with the election commission’s order for re-election…………………….(3 & 4) Lawyers Involved: Zakir Ahmed, Advo......d the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......owed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983) The Union Parishads (Election) Rules, 1983, Rule 29 Direction for holding re-election passed by the election commissioner on the basis of the report of the returning officer and such report being gathered from the rep..Category: Election Law | Date: | Hits: 114
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....der Secretary to the Govt. of Pakistan. Extract from Manual of Appointments and Allowances of Gazetted Officers under the Audit of the Accountant General, Bengal, Part I, Eighth Edition (Revised), published by the Manager of Publications, Delhi in 1937. Income-Tax Department. Page 155. Chap. X......pondents Judgment March 2, 1989. Result: The appeal is allowed. The Laws (Continuance in Force) Order, 1958, Article 6(5)(b) The High Court Division was in error in holding that the order of the Commissioner of Income Tax to retire the respondent from service was illegal without ta......out any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ...... March 2, 1989. Result: The appeal is allowed. The Laws (Continuance in Force) Order, 1958, Article 6(5)(b) The High Court Division was in error in holding that the order of the Commissioner of Income Tax to retire the respondent from service was illegal without taxing into considerati..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ...... Mahmudul Islam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not represented-Respondent No.2. Civil Appeal No. 10 of 1988. (From the judgement and order dated 18 February 1987 passed by the High Court Division, Rangpur Session in Civil Revision ......out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......on, Rangpur Session in Civil Revision Case No. 127 of 1982). Judgment ATM Afzal J.- This appeal by leave at the instance of respondent Nos. 3-5 (defendants) (transposed to the category of petitioners in the leave petition) arises out of judgment and order dated 18 February 1987 passed by a Sin..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ...... the Appellants. A.W. Bhuiyan, Additional Attorney General, instructed by Md. Sajjadul Huq, Advocate-on- Record—For the Respondent. Criminal Appeal No. 16 of 1987. (From the judgment and order dated 17 November, 1985 passed by the High Court Division, Dhaka Bench, in Criminal Revisi......been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......From the judgment and order dated 17 November, 1985 passed by the High Court Division, Dhaka Bench, in Criminal Revision Case No. 225 of 1984). Judgment Shahabuddin Ahmed J.- Accused-petitioners have brought this appeal by special leave with a prayer that the criminal proceedings against ..Category: Criminal Law | Date: | Hits: 39
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......llah, Senior Advocate (Mozammal Hoq Bhuiyan, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent. Civil Appeal No. 60 of 1986. (From the judgment and order dated 8th May, 1986 passed by the High Court Division, Dhaka in Appeal from Original Order No....... without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......at a pass book issued by the C.C.I.E. for opening the letter of credit is a security and whether the Banker has got lien over such security. 2. There is a claim and counter-claim between the petitioner and the Agrani Bank. Petitioner filed a suit claiming a sum of Tk. 75,55,020.28 paisa after adj..Category: Banking Law | Date: | Hits: 99
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
.... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ...... Sajjadul Huq, Advocate-on-Record. — For the Respondent No. 1. Not represented —Respondent Nos. 2-3(a). Civil Petition for Special Leave to Appeal No. 212 of 1986. (From the judgment and order dated 21.5.86 passed by the High Court Division, Barisal Bench, in Civil Revision No. 785 of 1......e petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Hara Kumar Kapali alias Bepari........................................Plaintiff-Petitioner Vs Sreemati Sundari Kapali and others............................Defendants-Respondents ..Category: Family Law | Date: | Hits: 157
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......c). M. Nawab Ali, Advocate-on-Record—For Respondent Nos. 3-6 and 10 Ex parte—Respondent Nos. 7, 8, 11-15, 18, 20-23, 23A and 25. Civil Appeal No. 46 of 1984. (From the judgment and order dated 30.10.1983 passed by the High Court Division, Dhaka in Civil Revision No. 1067 of 1981.)......sed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ...... the present case the earlier suit filed by the plaintiff was apparently not dismissed on a preliminary point.........................................Both the trial Court and the appellate Court had gone into details with regard to the title and possession of the plaintiff in the suit land. After ex..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ...... appeal. The plaintiffs share as declared by the High Court Division finally is also not in question. 5. But leave has been obtained on a technical point alleging error and incompleteness in the order passed by the High Court Division. It is this "that the plaintiff having acquired no right, ti......It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......There is no necessity of demarcating the land purchased by the defendant Nos. 1 and 2 out of original CS plot beforehand but that demarcation of plaintiff’s share out of S.A. plot No. 1162 will be done by the advocate commissioner before final decree having regard to all the principles of partitio..Category: Property Law | Date: | Hits: 32
Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)
.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ......- Record.—For the Appellant B. Hossain, Deputy Attorney-General, instructed by A. W. Mallik, Advocate-on-Record.—For the Respondent Criminal Appeal No. 36 of 1986. (From the judgment and order dated 24th August, 1986 passed by the High Court Division, Circuit Bench, Rangpur, in Crim......1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ......with section 5(2) of Act II of 1947 and sentenced to suffer rigorous imprisonment for four years and to pay a fine of Taka 16,000/- (sixteen thousand) in default to suffer rigorous imprisonment for one year more. 2. The prosecution case against him is that while acting as the Jute Input Supply ..Category: Criminal Law | Date: | Hits: 34
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......l instructed by M. Nowab Ali, Advocate-on-Record—For the Petitioner. Not represented.—Respondents. Criminal Petition for Special Leave to Appeal No. 130 of 1985. (From the judgment and order dated 7.8.85 passed by the High Court Division, Sylhet Bench in Criminal Appeal No. 7(c) of 19......ugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ...... Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The State………………........…...Petitioner Vs Arman Ali and others..................Respondents Judgment June 11, 1987. R..Category: Criminal Law | Date: | Hits: 43
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ...... Bangladesh 1972, Article 102 Disputed question of fact being involved in the case, the High Court Division erroneously interfered in writ jurisdiction. The appeal is allowed and the judgement and order of the High Court Division is set-aside………………..(3 & 4) Lawyers Involved: ......thout any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......dgment March 13, 1989. Result: The appeal is allowed. The Constitution of Bangladesh 1972, Article 102 Disputed question of fact being involved in the case, the High Court Division erroneously interfered in writ jurisdiction. The appeal is allowed and the judgement and order of the H..Category: Election Law | Date: | Hits: 115
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