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State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....nt. Serajul Huq, Advocate, instructed by B.C. Panday, Advocate-on-Record—For the Respondent. Syed Ishtiaq Ahmed, Senior Advocate, Abdus Sobhan, Senior Advocate, Fakir Shahabuddin Ahmed, M.H. Khandkar, Senior Advocates—Amicus Curiae. Criminal Appeal No. 31 of 1978. (Arising out of C......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....aharaj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-Record–For the Appell......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 ..Category: Others | Date: | Hits: 119
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....s passed an order of status quo and temporary injunction without accepting the plaintiffs basic case. 11. Mr. Asrarul Hossain, learned Counsel for the plaintiff‑respondent, submits, on the other hand, that there is no concurrent finding of fact by the two courts below as to the vacant space com......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
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....u by ramdao. Acquitted accused Latifur gave a gupti blow in his belly and Tunu died. Appellant Khalilur Rahman gave a ramdao blow on the head of deceased Ekhlasuddin which he resisted by his right hand resulting in the severance of his thumbs. Appellant Kawsar Munshi gave a ramdao blow on the he......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 ..Category: Criminal Law | Date: | Hits: 60
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... was only argued by the Government that the kabala was not genuine and the court on mere comparison by its naked eyes held that the kabala is not genuine without there being any examination by the hand‑writing expert or thumb impression expert to ascertain the genuineness of the thumb impr...... 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 ..Category: Property Law | Date: | Hits: 63
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
.... of Tk. 214.40 was realized from him by the respondent. P.W. 15, Motahar Ali Talukder, an Assistant Tahsilder of the same Tahsil Office, proved several rent receipts including Ext. 12 to be in the handwriting of the respondent. He also proved the respondent's initial thereon. The learned Deputy ......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 ..Category: Criminal Law | Date: | Hits: 41
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....were initially void, the election of respondent No. 5 as Chairman was void, the oath of office taken by him was void and his continuance in office is also without lawful authority. 9. Mr. Khandker Mahbubuddin Ahmed, learned Advocate for respondent No. 5, submits on the other hand that on......ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ..Category: Election Law | Date: | Hits: 106
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....ee made any grievance as to the alleged vagueness of the charge, or complained that because of such vagueness he could not represent his case or that he was prejudiced in his defence. On the other hand, in his reply to the charge he said he was a victim of circumstances and the evil design of th......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 ..Category: Administrative Law | Date: | Hits: 100
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ut the production of the accused before the Magistrate does not amount to taking cognizance of any offence by the Magistrate as till the submission of the charge‑sheet the case remains in the hands of the police and the Magistrate has no occasion to take cognizance and if the police before ......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
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
.... with a mission to hit the highest law officer of the country, and stated "that fact was also treated as a basis for the order of detention". I find a statement to that effect written in hand on the margin of the typed paper in the departmental file where the decision was taken to make......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 ..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)
....n Khan, 34 DLR (AD) 221; Shafique Mia Vs. Meherunnessa and another CP No. 10 of 1974 (digested in Bangladesh Supreme Court Digest, Vol. 1, page 236); 37 DLR 154. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Sajjadul Huq, Advocate- on-Record-For......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 ..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ts that PO No. 16 of 1972 did not either expressly or', impliedly repeal APO No. 1 of 1972. It was a continuing legislation and on 7.3.72 it was still permissible to act under APO No.1 of 1972. K. Khandker Mahbubuddin Ahmed, learned Advocate for the respondents, submits on the other hand, that A......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
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
.... and an act subversive of discipline. He relies upon the case of State of Punjab Vs. Ram Sing, AIR 1992 (SC) 2188 in support of his submission. 18. Mr. Asrarul Hossain submits, on the other hand, that charge Nos. 1, 2 and 4 are past and closed transactions and misconduct once condoned can......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ..Category: Labour and Industrial Law | Date: | Hits: 100
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....os. 117, 118, 119, 120, 121 and 122 of 1992). Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioner (In Criminal Petition No. 121 of 1992). Khandkar Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain Advocate -on-Record-For ......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 ..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....may make such order with respect to the property in dispute …as he thinks fit. 12. The views in Hine Vs. Hine [1962] 3 AIL ER 345 that the above provision of law gave a free hand to do what is just, and in Jansen Vs. Jansen [1965] 3 All. ER 363 that it gave rights where no......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
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....Mull Jalan and others AIR 1929 Cal.464, Dinonomi Chowdhrani Vs. Brojo Mohini Chowdhrani (1901) 29 IA 24(33) Bhinka Vs. Charan Singh AIR 1959 SC 960, Brojendra Kumar Sengupta Vs. Jitendra Chandra Sen AIR 1960 Assam III & Begum Vs. Seth Dooli Chand (1909) 2 IC 266. Lawyers Invo......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ..Category: Property Law | Date: | Hits: 81
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....der under that article is not subject to the revisional jurisdiction of the High Court under section 435 and 439 of the Code. 4. Mr. Moinul Hosein appearing for the respondents, on the other hand, contended that since the Sub-divisional Magistrate is also a Magistrate, First Class, who has......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. ..Category: Criminal Law | Date: | Hits: 125
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....l system of Government. But it cannot be disputed that the Proclamation clothes the President designated by itself with all the powers of the State. The Provisional Constitution Order, on the other hand, sought to shift the focus of power to the Prime Minister from the President who was thereund......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
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....ourt, which is otherwise competent to try a suit simply because the parties to the suit earlier agreed to arbitration and a party thereto applies for staying the proceedings. On the other hand, the section precludes a party to an arbitration agreement from asking for stay of the pr......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. ..Category: Civil Law | Date: | Hits: 110
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....Before the High Court Division the appellant submitted that the respondents writ petition, filed long 20 years after the impugned notification ought to have been rejected in limine. Relying on Tilok Chand Vs. HB Munshi 1969 SCR (2) 824, Ram Chandra Shankar Deodhar Vs. State of Maharashtra 1974 SCC 3......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
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