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Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....e it becomes obvious that a Special Tribunal, although a criminal court constituted by the Special statute, is not a criminal court within the meaning of the Code of Criminal Procedure. It can not be disputed that a right of appeal is a creature of statute and no litigant can claim a right of appeal......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 ..Category: Criminal Law | Date: | Hits: 66
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... simpliciter of immovable property. The reason for so holding is because of the problem which, according to the learned Judges, arises on the conclusion of the suit in making over possession of the disputed property because neither the suit was framed in accordance with section 42 of the Specifi...... 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 ..Category: Civil Law | Date: | Hits: 112
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....ed Single Judge of the High Court Division took the view that since there was no boundary wall in between the two plots, the dispute has arisen between the parties. If it is ultimately found that the disputed Schedule 1 (Ka) land belongs to the plaintiff, several legal complications will arise. Henc......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. ..Category: Property Law | Date: | Hits: 66
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 ......t were common to the decisions in both the cases, one in 32 DLR (AD) 54 and the other in 34 DLR (AD) 217. In the latter, the lands transferred consisted of seven plots, all recorded under a single khatian and the pre‑emptor's land was contiguous to two of those seven plots, but nevertheles..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....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 ......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 ..Category: Limitation Law | Date: | Hits: 271
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....dvantage the decision of the Indian Supreme Court (supra) and frankly limited that the view taken by the High Court Division being based on overruled decisions cannot be supported. Mr. Arif has not disputed that in the facts of the present case the bar of section 195(1) (b) of the Code is attract......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ..Category: Criminal Law | Date: | Hits: 40
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....a, that the application was barred by res judicata and that it was bad for defect of parties. The trial Court found that the case was bad for defect of party as one Amalendu Dev, a co-sharer in the disputed plot (No. 1061) was not made a party thereto. As the trial Court in the earlier Miscellane......d from the cross-examination of the pre‑emptor that Amalendu Dev purchased a portion of the case plot asserting at the same time that he was not a co‑sharer as his name is not in the RS khatian. Secondly, nor was any evidence led that he did not receive any notice of transfer or that..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....o operation at once in the interest of the national economy, these two statutes were enacted. Respondents say that they were Bangladeshi nationals and were present in Bangladesh; this claim is not disputed by the Government but their contention is that the respondents were not available to opera......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....erned authority at the relevant Lime. We have heard Dr. Rafiqur Rahman, teamed Counsel for the petitioner. Except pointing out the high percentage of votes cast in favour of only one candidate in the disputed Centre, he failed to make out a case for the Election Commission's interference. The High C......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ..Category: Election Law | Date: | Hits: 117
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....e real and absolute owner of the three‑storied dwelling house and appurtenances thereto described in the 'B' schedule to the aforesaid irrevocable licence. 2. Some facts are not disputed. The appellant married the respondent in 1962. Three children were born of the wedloc......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..Category: Property Law | Date: | Hits: 80
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....warding in going into litigation rather than pay the bills for the electricity that he has been consuming, admittedly by taking unauthorised, connection from 21.5.86. In this proceeding question of disputed bills cannot be gone into because the appellant's writ petition in that behalf, No. 1046 ...... 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 ..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....dment of section 20 by Ordinance No. XII of 1960, and the decision in 15 DLR (SC) 139, the appellate court held that the plaintiff is not entitled to get declaration of his title in respect of the disputed plot where the cattle market sits. After finding that it is not possible for the court to ......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 ..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
.... the baggages of the respondent but the tags were not there then (at the time of trial). He was not present while the baggages of the respondent were being examined. He denied the suggestion that the disputed Echolac bag did not belong to the respondent. He also denied that the statement was obtaine......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. ..Category: Criminal Law | Date: | Hits: 132
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....gal Tenancy Act by the Revenue Officer, the original co-sharers of the original Jama do not remain co-sharers and therefore they cannot apply for pre-emption under section 26F. B. T. Act cannot be disputed on the facts and the conclusion arrived at, but the present case is quite distinct and the......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. ..Category: Property Law | Date: | Hits: 60
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....gun Hamida and the children but it is difficult to say that there is no evidence. As many a 5 witnesses were examined to prove the allegation of neglect or refusal to maintain them. It is not disputed that Begum Hamida has been living with her 4 c......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. ..Category: Family Law | Date: | Hits: 146
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
.... an election; and that one could participate in an election: or bye-election only upon acceptance of one's nomination paper after due scrutiny, Filing of a nomination paper cannot be disputed to be a step taken with a view to contesting an election. Besides, the legislative in......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. ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....ladesh, Pakistan authorities declared an unjust and treacherous war AND whereas in the facts and circumstances of such treacherous conduct Banga Bandhu Mujibur Rahman, the undisputed leader of 75 million people of Bangladesh, in the fulfilment of the legitimate right of s......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. ..Category: Criminal Law | Date: | Hits: 53
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....o been prescribed by any other article of the Collaborators Order. This void has been sought to be filled up by clause (1) of article 8 quoted above. 9. It was not, as it could not be disputed before us that the power of the High Court Division to direct release of an accu...... 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. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... 36. The learned Attorney‑General has drawn our attention to the following observation made in that majority decision: Izhar Ahmed Vs. Union of India AIR 1962 (SC) 1052 (1065): "Now, it is not disputed that according to the laws prevailing in Pakistan a person is not entitled to apply for or ......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....t of an application under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The pre‑emptors' case, is that they filed Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala before its registration. Thereafter, he withdrew the case on 27.1.75 and, after ob......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 ..Category: Property Law | Date: | Hits: 85
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