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Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......mply substantiated because of the long lapse of time between the impugned order and the authentication in question and not only that, it also appears that the District Magistrate did not take any action against other authentications, similarly done in respect of other publications by the Additio..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......being M.R. Case No. 20 of 1984 was dropped on 27.10.84. The first party attempted to revive the two dates of occurrence, namely, 17.7.84 and 4.11.84. It was noticed that there has been series of transactions between the parties over the self-same land. The learned Sessions Judge considered the locus..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......y by both parties taking surrounding lands of the old hat At the moment though apprehension of breach of peace is not there but it may crop up in future. This is for his kind perusal and necessary action. Delay of submitting report was the last disturbance that they kindly be excused. Sd/-A ..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......e has twisted the arms of the Munsif-Magistrate is the crudest form. His defence in the contempt Rules is all the more reprehensible. He has no regret, no remorse. He has chosen to defend his actions with fabricated papers and documents. His conduct can only cause despair and dismay." ..Category: Criminal Law | Date: | Hits: 49
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......tition and no appeals was taken against the preliminary decree in respect of the claim of defendant No. 49 regarding first schedule land of the written statement. It was observed: “So, no action can be taken not at thus stage which may in any way affect the preliminary decree. A judgme..Category: Property Law | Date: | Hits: 48
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......aintiff has also submitted explanation vide Ext. E wherein he admitted his guilt and prayed for mercy of the authorities. Principle of natural justice has been followed in the process of taking action against the plaintiff." In the circumstances, even if the Civil Service Rules as to discip..Category: Employment/Service Law | Date: | Hits: 124
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......pellants had subsequently subscribed a declaration which was authenticated by the Additional Deputy Commissioner as District Magistrate on 4th January 1984. It was opined by the complainant that no action was, however, taken for the offences of having run the printing press from 1977 until 3rd Jan..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......d operating the petrol pump; a special Power of Attorney as executed by him in favour of his daughter who with a help of that officer of the appellant firm was managing the petrol pump to the satisfaction of the customers. On his return to Bangladesh in June 1972 the Managing Partner of the firm..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ...... then considered that the prayer of the appellant for hearing two issues, namely— (i) Is the application maintainable in its present form? (ii) Is the application bad for mis joinder of causes of action as preliminary issue under Order 14, rule 2 C.P.C. 6. The impugned order was passed and wh..Category: Company Law | Date: | Hits: 195
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......the question of appointment of a Munsif to the higher rank of a Subordinate Judge and had exercised its power after fully considering the plaintiff's case for promotion, the plaintiff had no cause of action for the Suit-The aforesaid two cases do not appear to have any relevance in the present case ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......fter holding some enquiry, passed an order on 16-2-66 on the body of the sketch man, annexed to the petition, directing that the triangular plot marked 'A' therein be derequisitioned but since no action was taken in pursuance of that order, he made a representation to the Additional Deputy Com..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......ed that this most cherished right should not be taken away in an arbitrary manner and hence by sub-clause (b) of clause (2) of Article 98 they advisedly left it to the High Courts to review the actions of the detaining authority, untrammelled by the formalities or technicalities of either se..Category: Criminal Law | Date: | Hits: 85
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......e Returning Officer obviously acted contrary to the legislative intent. Mr. Mozammel Huq, learned Counsel represented Respondent No.4 and supported the order of the High Court Division as well as the action of the Returning Officer. 6. We also heard the learned Attorney-General on the question ra..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......;trate reports that the accused has not sufficient means, it will be incumbent on the District Magistrate to engage an advocate or pleader at Government expense. 3. Judge to take action when accused goes unrepresented in any case, if the accused is unrepresented in the Se..Category: Criminal Law | Date: | Hits: 66
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......mself filed a petition on 7-12-65 before Mr. M. A. Hashim, Magistrate, 1st class. Sylhet, for withdrawing the case against the appellant Dr. Jamshed Bakht stating that he had brought the original action at the instance of accused Ameenur Rashid Chowdhury who advised and financed him but now as ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......f the mutation case. Whether notice was served or not is a question that is involved in the mutation case itself. There is nothing on record to show that the respondent-petitioner has taken any action against the preparation of records of right in the name of Sakina Bai. In a proceeding..Category: Property Law | Date: | Hits: 47
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......ing the respondent 2 from honoring the said letter of guarantee. The trial Court rejected the plaint under Order 7 rule 11 of the Code of Civil Procedure holding that the plaintiff has no cause of action and the Court had no pecuniary jurisdiction to try the suit. On appeal the appellate Court b..Category: Banking Law | Date: | Hits: 130
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......rcised by the authority under this section had been discriminatory injuring the right of the appellant to the public appointment and whether the provisions of law in section 9(2) of the Act and the action taken under it were hit by Articles 27 and 29 of the Constitution. 13. Syed Ishtiaq Ahmed..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......Corporation by an order under clause (1) of article 10" providing for any consequence to follow, or requiring any act or thing to be done, or entitling any person to do any act or thing or take any action whatsoever, as a result of a reduction in the number of the members of such industrial ent..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......ion in any manner whatsoever or declare illegal or void the Proclamation or any Regulation or Order. Further clause (g) also gives immunity from challenge in a Court of Law to any declaration made or action taken by or under the Proclamation. There is no vagueness or ambiguity in the meaning of th..Category: Constitutional Law | Date: | Hits: 292
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