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Coal Controller, Government of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ...... Rafiqul-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No. 227 of 1993. (From the Judgment and order dated 3.3.93 passed by the High Court Division in Civil Revision Case No. 370 of 1993). ...... The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Coal Controller, Government of Bangladesh........................Petitioner Vs. Ventura Industries Ltd.....................Respondent Judgment ..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....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 .......70 for ex parte disposal of the suit. On that date the defendant filed a petition under section 151 of the Code of Civil Procedure for acceptance of the written statement after setting aside the order dated 26.2.70. The learned Munsif by his order dated 1.4.70 rejected the petition under secti......of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......e application under section 151 of the Code, and on that question dilated at some length in the Judgment. It was also observed that the striking off the written statement was harsh and that it was done without plaintiff having filed an application to that effect. 5. Leave was granted to c..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 ......nts. Shamsul Alam, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on Record-For the Respondent. Criminal Appeal No. 8 of 1992. (From the Judgment and order dated 21.4.92 passed by the High Court Division, Dhaka in Criminal Revision No. 938 of 1990)....... set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......nesses including the Magistrate P.W. 8 who recorded the confessional statement of Shafi, held accused Shafi guilty under section 411 of the Penal Code and sentenced him to rigorous imprisonment for one year. She also convicted the other three accused namely, these appellants, under Section 379 o..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 ...... KM Subhan J.- This appeal by special leave arises out of a Judgment of the High Court Division dated April 25, 1975 passed in Civil Revision No. 1126 of 1974, setting aside the order of the District Judge, Noakhali in Miscellaneous Appeal No. 120 of 1974 affirming the order o......ur Mohammad and others................Respondent Judgment June 15th, 1978. Cases 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. ......roperty in consequence of the Judgment of the civil Court from the receiver; the receiver being an agent of the court no execution proceeding for delivery of possession is necessary. 6. As none appeared for the respondent and as the matter involved important question of law, Mr. Syed Isht..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 ......ertified copy of the Kabala on March 8, 1973 they came to know for the first time about the transfer of the case land. Their further case is that no notice of sale was served upon them and that in order to avoid pre‑emption the kabala was registered in a different Sub‑Registry. ......peal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......00.00 which was registered on April 9, 1972. Respondents 1-6 claimed to be co‑sharers by inheritance and respondents 7-9 claimed to be co-sharers: by purchase. The land originally belonged to one Sadat Ali Kari, predecessor-in-interest of respondents 1-6 and as such they claimed as co-shar..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. ......Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 56 of 1991. (From the Judgment and order dated 11.11.91 passed by the High Court Division in Civil Revision No. 1984 of 1991). Judgm......f as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......f land, the suit land, lies RS plot No. 798 which is Schedule 11 land and which belongs to defendant No. 1 There is no boundary wall in between the two plots, and in fool it was inconvenient to build one as the northern portion of both the plots were low nal lands. Taking advantage of the absence of..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 ......jadul Huq, Advocate-on- Record-For the Petitioner. (In both the cases) Not represented -The Respondent. Civil Petitions for Leave to Appeal Nos. 106 and 107 of 1993. (From the Judgment and order dated 6.11.93 passed the High Court Division in Civil Revision Nos. 675 and 674 of 1990). J......making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......DLR (AD) (1993) 166 ..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....d not repay the loan. Thereupon the bank filed a Money Suit, obtained a decree and put it into execution in Money Execution Case No. 22 of 1972. The property was then attached and advertisement was published for its sale in auction. At this stage, the respondent filed Misc. Case No. 174 of 1974 ......y Md. Aftab Hossain, Advocate-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petitions for Leave to Appeal No. 76 of 1992. (From the Judgment and order dated 25.11.91 passed by the High Court Division, Dhaka, in Civil Rule No, 115(F) of 1990). ...... The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Suruzzamal ..................................Petitioner Vs. Bangladesh represented by Secretary, Ministry of Public Works and Urban Deve..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 ......sp; Badrul Haider Chowdhury J.- This appeal is by special leave granted on 14.12.1978 by this Court to the appellant in Civil Petition No. 338 of 1978 preferred against the Judgment and order dated 7.7.1978 passed by the High Court Division in Writ Petition No. 163 of 1978 making the......its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......were confirmed in appeal by the learned Member, Appellate Tribunal in Tribunal Appeal No. 302 of 1977 on 27.12.1977. 2. The four respondents filed Writ Petition No. 163 of 1978 as petitioners challenging the legality of the order of conviction and sentence passed on them. 3. ..Category: Criminal Law | Date: | Hits: 48
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......: Abdur Rab-I, Advocate-On-Record-For the Petitioner. Not Represented-The Respondents. Civil Petitions for Leave to Appeal No. 212 of 1992. (From the Judgment and order dated 15.3.92 passed by the High Court Division in Writ Petition No. 903 of 1992). Ju......ioner. Not Represented-The Respondents. Civil Petitions for Leave to Appeal No. 212 of 1992. (From the Judgment and order dated 15.3.92 passed by the High Court Division in Writ Petition No. 903 of 1992). Judgment: &nb......reme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J, Mustafa Kamal J Latifur Rahman J. Abu Yousuf .......................Petitioner Vs. Bangladesh and others .........................Respondents Judgment ..Category: Business or Commercial Law | Date: | Hits: 104
Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......Appeal 631 of 1970. Judgment: Fazle Munim J: This appeal is against the Judgment and order of a Single Judge of the High Court Division passed in Criminal Appeal No. 613 of 1970 on Jul......e of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......from GD entry made by Kazi Shamsuddin, P.W. 3 of Jamalpur Police Station, police went to the place of occurrence and disinterred the (lead body of Tegu from a ditch newly dug out in the above mentioned place and on identification held inquest over the dead body. His mother Muljan Bewa, P.W. 4, l..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....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 ......lants. M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-on- Record-For the Respondent. Criminal Appeal No. 7 of 1992. (From the Judgment and order dated 17th & 18.3.91 passed by the High Court Division in Death Reference No. 28 of 1990 ......at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......ions 302/34 of the Penal Code, but commuting the sentence of death to imprisonment for fife. The appeals preferred by these appellants were dismissed, but the appeals of the other six condemned prisoners were allowed and they were acquitted of the charges. 3. Thereafter the four accused..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....ule in the said writ petition. 4. In order to appreciate the point raised by Dr. Kamal Hossain, learned counsel for the petitioner in this petition, some facts are necessary to be noticed. The BSB published the sale notice in the daily 'Dainik Bangla on 12.4.90 calling tender by 23.4.90. On 14.4....... No. 8 and delivery of the sale certificates in pursuance thereof. 3. The High Court Division by the impugned Judgment dated 9 December 1992 discharged the Rule in the said writ petition. 4. In order to appreciate the point raised by Dr. Kamal Hossain, learned counsel for the petitioner in thi...... Case is also Reported in: 45 DLR (AD) (1993) 138. ......3) 138. ..Category: Banking Law | Date: | Hits: 142
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 ...... M Shamsul Alam, DAG instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent No. 2 Respondent No. 1-Ex parte. Civil Appeal No. 78 of 1990. (From the Judgment and order dated 19th June, 1988 passed by the High Court Division in Writ Petition No. 1174 of 1988). ......tafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January 21st, 1993. Lawyers...... Mustafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January 21st, 1993. ..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 ......d-For the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik Advocate-on-Record-For the Respondent. Criminal Appeal No. 2 of 1990. (From the Judgment and order dated 8th May, 10 passed by the High Court Division, Barisal Bench in Criminal Appeal No 88 o......p; Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ...... the occurrence to them. 6. There is substance in the appellants' contention that the learned Sessions Judge departed from the long standing practice for trial of cross cases by transferring one of the cases to the court of Additional Sessions Judge. As a result, in one of the' cases the a..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 ......ellant. (In all the appeals). Abdul Basel Mujumder, Advocate-on-Record- For the Respondent. (In all the appeals). Civil Appeal Nos. 7 to 10 of W91. (From the Judgment and order dated 29th January, 1986 passed by the High Court Division, Chittagong Bench in Civil Revisio......in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......ees as co-sharers by purchase and held that they had equal claim for pre-emption and allowed the pre-emptors' claim to the extent of 50% of the case land. The appellate Court appeared to have done an evenhanded justice. The High Court Division approved that measure. 3. Section 96 of ..Category: Property Law | Date: | Hits: 72
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ...... of 1978). Judgment: ATM Afzal J.- This appeal by the Government following leave is from an order of acquittal dated 12 January, 1986 passed by a Single Judge of the High Court Division (Bari....... 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......s framed by his predecessor was defective as the aforesaid amount collected by 411 receipts gave rise to 411 separate transactions proceeded to convict the respondent in respect of, what he called, one item of offence only i.e. dakhila Ext. 12 by which the respondent had realized Tk. 214.40 Paisa..Category: Criminal Law | Date: | Hits: 41
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....rvices. He asked the seven registered trade unions of the Biman to submit their documents to his office for obtaining proper registration certificate. The Resistrar then caused a Notification to be published in the Bangladesh Gazette on 17.5.90 under section 5(1) of the Amendment Act, 1990 listin......te with him), instructed by Sharifuddin Chaklader, Advocate-on-Record-For Respondent No. 3. (In CA No. 18 of 1993). Civil Appeal Nos. 14‑18 of 1993. (From the Judgment and order dated 14.7.92 passed by the High Court Division in Writ Petition Nos. 1311,1923, 1924 and 264......the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......be disposed of by this common Judgment. 2. The background of the dispute involved in these appeals is that the Registrar of Trade Union, in brief, the Registrar registered the five writ petitioners as well as two other Unions as Trade Unions of the Biman under section 8 of the Industrial Re..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......f 1992. (From the Judgment and Order dated 17 November, 1991 passed by the High Court Division, Dhaka in Civil Order No. 7174 of 1991). Judgment ATM Afzal J.- This appeal by leave is from an order, Civil Order No. 7174 of 199 1, dated November, 1991 passed by a Division Bench of the High Co...... MH Rahman J ATM Afzal J Latifur Rahman J Babar Ali Pramanik and others ……………………Petitioners-Appellants Vs. Mosar Ali Pramanik and others……...............Plaintiff-Respondents Judgment February 7, 1993. Cases Referred to- Waliullah M......) 120; 1994 BLD (AD) 235. ..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....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 ......dvocate-on-Record -For the Respondent Nos. 1‑6 Respondent No. 7-Ex parte Respondent Nos. 8-18-Not represented Civil Appeal No. 30 of 1988. (From the Judgment and order dated 4.7.85 passed by the High Court Division, Dhaka in Civil Revision No. 84 of 1983). ......ppeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......that case five different lands transferred "were close to each other in a zig zag way" and the pre‑emptor's land was not directly contiguous to any of these lands transferred except one of these lands, namely, a tank. This tank was also separated from the pre‑emptor's land ..Category: Property Law | Date: | Hits: 72
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