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Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... 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 ......a in Writ Petition No. 1609 of 1989). Judgment: ATM Afzal J.- This appeal by leave arises from an order dated 10 December, 1989 passed by a Division Bench of the High Court Division, Dhaka summaril......ithout any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ...... 15.1.1986 for Tk. 25,077.67 with effect from 5.5.85 was illegal and not binding on the appellant. The respondents alleged that the appellant without paying any further bill, other than those mentioned above, continued with the consumption of electricity upon taking re‑connection of the sn..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ....... 1889 of 1991). Judgment: Shahabuddin Ahmed CJ.- This appeal by leave calls in question an order of the High Court Division dated 30 October 1991 summarily dismissing the accused-appellant's......A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......ivision as stated above, for quashing the proceeding itself taking the ground that on the facts stated in the complaint no criminal offence was committed and that the liability, if any, was a civil one and that the criminal case was started just to put pressure on him to pay the alleged balance w..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ...... Mustafa Kamal J.- This petition for leave to appeal by the pre-emptee-petitioner is from the judgment and order of a learned Single Judge of the High Court Division dated 27.4.92 in Civil Revision No. 986...... The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Baten................Petitioner Vs Abdul Latif Sheikh and others....................Respondents Judgment ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......rd - 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).......Islamia High School....................................Respondent Judgment July 18th, 1991. Cases Referred to- Secretary, Muktagacha Abbasia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR 37, ‑15 DLR (SC) 139; Yusuf Ali Chowdhury Vs. Province of East ......g to RS Plot No. 10716 of Mouza Char Shakhipur under PS Bhedarganj, for confirmation of possession, and for permanent injunction restraining the Government from giving lease of the suit land to any one. 2. Admittedly, CS Plots Nos. 10714, 10715 and 10716, in total 1.35 acres of the lands,..Category: Property Law | Date: | Hits: 64
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
.... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ....... Nowab 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). ......ion, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shahabuddin ................................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment ..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......on- Record-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). ......respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......inal 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). Judgment Shahabuddin Ahmed CJ.- I have gone through the judgment proposed to be delivered by my learned brother Afzal, J. I agree that acqui..Category: Criminal Law | Date: | Hits: 132
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 ......rd-For 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). ......the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......ellate 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 others Vs. The State, 15 DLR (SC) 429 and the..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. ......pellant. Moinul Huq, Advocate, instructed by 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)......cumstances of the case there will be no order as to costs. Ed. ......Gafur, the learned Counsel appearing for the appellant contended that the High Court misdirected itself in holding that the petition filed on 9-8-58 for substitution cannot be treated as one under Order 22, rule 9 of the Code of Civil Procedure pursuant to the application filed on 26-8..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....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. ......ppellant. Jane Alam, Advocate, instructed by 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 ......tances of the case there will be no order as to costs. Ed. ......h of the High Court relying on the case of Abdul Malek Vs. Abdur Rahman reported in 19 D L R., Dacca 318 and also giving their own reasonings held that the grant of pre-emption shall be one under section 26Fofthe Bengal Tenancy Act and not under section 96 of the State Acquisitio..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......ker, Mahmudul Islam, A W. Bhuiyan, Asstt. Attorney General, instructed by A. Rab, I. Advocate-on-Record—For the Respondents. Civil Appeal No 23 of 1974. (From the judgment and order of the High Court Division dited20-5-74 passed in Writ Petition No, 559 of 1974). Judg......rs—which justifies judicial intervention." ...... 789 , Anderson V. Commonwealth, 47 CLR 50; Mia Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225 ; Blackburn Vs Attorney-General, (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. Attorne..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. ......or the Appellant. Md. 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. Judgme......r as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......demanded maintenance from the respondent for herself and for her children but the respondent neglected and refused to maintain the appellant and her 4 children. Thereupon, the above mentioned case was filed under section 488 of the Code of Criminal Procedure 3. The application wa..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. ...... S. M. 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 Cas......llowed 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. ......lip;………………..Respondent Solicitor, Government of Bangladesh ………………………..Appellant/ Petitioner Vs. S. M. Ali Akbar and others................Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....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. ......dvocate-on-Record)—For the petitioners. 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......lid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ...... Ed. ..Category: Criminal Law | Date: | Hits: 63
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. ......Record —For the Petitioners. 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) ...... an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ...... Appellate Division (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J A.K.M. Fazlul Hoque & others...........................................Petitioners Vs. State....................Respondent Judgment August 22, 1973..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. ...... S. Ishtiaq Ahmed, Addl. Attorney-General instructed by 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 pa......h is dismissed with costs. Ed. ......nbsp; Sayem CJ.- This appeal arises out of an application under section 34 of the Arbitration Act of 1946 in a Money Suit pending in the 3rd Court of the Subordinate Judge at Chittagong. 2. 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)
.... 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. ...... in Govt. Appeal No. 20 of 1972.) Judgment: Sayem J.- This two appeals arise out of two separate orders of a Bench of the High Court Division directing release of the respondents on bail, pending ......y under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... Order on the allegation that they collaborated with the Pakistan occupation army by participation in a purported bye-election in which Emdadul Hoqe, the sole respondent in one of these two appeals filed three nomination papers, each having been proposed and seconded by ..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 ...... 6 of 1991. Judgment: Shahabuddin Ahmed CJ.- This appeal by special leave is from a judgment and order of the High Court Division dated 16 July, 1987, passed in Criminal Reference No. 5 of 1985, C......no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......ted 21 December 1985 in Sessions Case No. 17 of 1984. State is the appellant and the question raised in this appeal is whether the High Court Division is well-founded in law and fact in acquitting one of the three accused‑respondents and affirming the conviction and reducing the sentence o..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......; Latifur Rahman.- This appeal by leave at the instance of 17 accused-appellants is directed against the judgment and order of a Division Bench of the High Court Division in Criminal Appeal No. 287 of 1988. dismissing......nd the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......of PW Serajul Huq who fell down on the ground and died thereafter. The other accused persons also dealt various blows on several witnesses causing injuries on them. 3. The defence case was one of innocence and that no occurrence took place in the house of PW 1 Serajul Huq. Deceased Amin..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....the armed wing of the respondent's party, were engaged in arson, looting and rape and other genocidal activities. The respondent was himself associated with the Pakistani Army Officers. A photograph, published in Dainik Purba Desh on April 6, 1971 showed him sitting with General Tikka Khan. The resp......, Senior 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) ......man 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 B Hossain, Deputy Attorn......s) Order 1972 (President's Order 149 of 1972), that the persons specified below do not qualify themselves to be the citizens of Bangladesh .......................” Thirty-nine persons were mentioned in the notification. The respondent's name was at serial No. 3: "Professor Golam Azam, s/o. Gol..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....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 ...... the High Court Division on 30.6.91 on the ground that the petitioner has an alternative and efficacious remedy by way of appeal. 2. The petitioner seeks leave to appeal from the said judgment and order. 3. Mr. Asrarul Hossain, learned Counsel for the petitioner, submits that to make a deposit......titioner Vs. National Bank Limited and others .....................Respondents Judgment July 20, 1993. Result: The petition is dismissed. Lawyer Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Petitioner. ......D) (1994) 191 ..Category: Civil Law | Date: | Hits: 139
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