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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 ......point an Arbitrator in terms of clause 33 of the Contract the petitioner failed to do so and so the application to the court. Over a performance bond executed by the respondent a lengthy injunction proceeding since 24.10.90 is on this court has granted leave to appeal from the decision of the Hi..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 ......nto the particulars of that question, we deem it right to notice an objection which was taken at the bar on the part of the Respondents, that it was too late now to impugn the regularity of the proceeding to grant the review; that if the Appellant deemed himself aggrieved by it, he ought to ..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....instance, were passed in this case and all against the petitioners and there is also a revision that was also against him. How many times the petitioners will challenge a Judgment and lastly in a quashing petition which is not at all maintainable." The learned Judges proceeded......stly in a quashing petition which is not at all maintainable." The learned Judges proceeded on the assumption that section 561A Cr.P.C. is meant only for quashing a criminal proceeding before the trial has started and that when the trial, as in this case, has been conclud..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 ......it for declaration of his title simpliciter. Before institution of the suit as the first party he had filed an application before the Sub‑divisional Magistrate, Sadar Noakhali, who drew up a proceeding under section 145 of the Code of Criminal Procedure and attached the proceeding land and..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 ...... in question the pre-emption cases fails. On the death of the pre-emptor this right is not lost, because, the pre-emptor's heirs or their heirs inherit the right along with the land. In a pending proceeding the heirs are entitled to be substituted in the place of the deceased pre-emptor and pro..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. ......952, found in the paper book herein, whether the violation complained of relates to the appellant's alleged encroachment upori4he respondent's land or for other reasons. In any view of the matter the proceeding under the Building Construction Act, 1952, is a matter different from the present proceed..Category: Property Law | Date: | Hits: 66
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....y that, a criminal case of trespass was started against his men‑Dhanmondi PS Case No. 19(2) of 1990. Against this case, the petitioner filed an application before the High Court Division for quashing the proceeding which is awaiting the final result of the Title Suits. In these circumstanc......minal case of trespass was started against his men‑Dhanmondi PS Case No. 19(2) of 1990. Against this case, the petitioner filed an application before the High Court Division for quashing the proceeding which is awaiting the final result of the Title Suits. In these circumstances, the learn..Category: Property Law | Date: | Hits: 101
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 ......charged the Government decided to liquidate the Company through Court so that the officers and employees of the Company could be dealt with according to the Companies Act. 2. The liquidation proceeding of Respondent No. 5 is pending before the High Court Division in Company Matter No. 7 of..Category: Business or Commercial Law | Date: | Hits: 104
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....7 1983 the Sessions Judge, transferred Sessions Case No. 935 of 1982 to the Additional Sessions Judge, Third Court, Barisal for disposal. The two matters came up before the High Court Division for quashing. The High Court Division stopped the latter case as it was not tried within time, prescrib......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..Category: Criminal Law | Date: | Hits: 40
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. ......cer, Natore to show cause why the suit land should not be declared as vested and non-resident property in DP case No. 33 of 1978, that the plaintiff filed OC Suit No. 630 of 1979 challenging the said proceeding in the court of the Assistant Judge, Natore, proceeded with the said suit till 2.2.1983, ..Category: Procedural Law | Date: | Hits: 111
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 ......e', meaning from one party or side, has not been defined in Code of Civil Procedure. One of the basic principles of the adversary procedure followed in our court system is that as far as possible, no proceeding be conducted to the detriment of a person in his absence. One exception to this princip..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......ection 168 of the Customs Act. The Customs authorities have their own powers under the said Act for adjudication in respect of the goods seized by them. The customs department is not a party to the proceeding in this court .There are no facts on record to show as to what has been done by the cust..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
.... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ......l previous orders in the matter, making the Conservator of Forests as the appointing authority for officers like the respondents; and as, such, the Conservator of Forests was authorised to draw the proceeding, and impose penalty upon The respondents. It is contended that the Tribunal erroneously ..Category: Administrative Law | Date: | Hits: 114
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......;15967 Genl., in favour of the borrower without evaluating the actual works and thereby he caused loss to the Corporation and that his conduct was violative of office discipline. In a departmental proceeding under Regulation 27(l) (e) of the Corporation's Service Regulations 1985 the Law‑O..Category: Administrative Law | Date: | Hits: 100
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....Magistrate took cognizance and summoned the appellant under section 211 Penal Code. The appellant appeared in court and was released on bail. The appellant then moved the High Court of Calcutta for quashing the proceeding pending against him on the ground that the Magistrate had taken cognizance ......1 of the Penal Code falsely charging in an FIR/Complaint any person with having committed an offence, unless the Court has taken cognizance of any offence upon the Police Report or complaint and a proceeding in court" has thus begun. 2. Facts of the case, briefly, are that the appell..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......munal tension, prompt action was imperative. 11. The appellant relied on Anwara Begum Vs. Government of Bangladesh 30 DLR 131 for a proposition of law that where "there are two modes of proceedings, namely, by way of criminal prosecution or preventive detention it is for the executive..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ......rned Judge of the High Court Division followed a decision of the High Court Division in the case of Hosne Ara Begum & ors. Vs. Mosammat Anowan Begum & others, 37 DLR I54 and held that in a proceeding under section 24 of the Non‑Agricultural Tenancy Act anyone else other than the tr..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....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 ......l shares and proprietory and other interests, as have not already vested in the Government by or under any law for the time being in force, shall, by virtue of this Article and without any further proceeding or formality, stand vested in, and allotted to, the Government free of any trust, mortga..Category: Property Law | Date: | Hits: 65
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ...... II of 1947 are two distinct provisions for two different purposes. It is not a requirement of law that a prosecution for an offence under section 5(i) (e) of the Act 11 of 1947 must be preceded by a proceeding under section 4 of 1957. There has been no violation of either Article 27 or 31 of the Co..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......and is not satisfied by merely reading the transcript of the first trial (R V Syme, Ex p. Page [197] WAR 1953). 19. The word ‘rehearing’ means hearing again. A rehearing is a new proceeding and it implies the hearing by the same tribunal which heard the matter before. Apart fr..Category: Administrative Law | Date: | Hits: 125
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