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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 ......rises 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 Specific Relief Act, nor was there a prayer for such relief as required under section 42. 4. Leave was granted to consider wheth..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)
....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. .......3.90 and the lower appellate Court, Additional District Judge, 4th Court, Chittagong; in Miscellaneous Appeal No. 88 of 1990 by Judgment and order dated 12.6.91 rejected the plaintiff-Respondent’s prayer for temporary injunction. In revision, Civil Revision No. 1984 of 1991 dated 11. 11.91, a lea..Category: Property Law | Date: | Hits: 66
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......ases to drift in their own courses and they did not move until an order of discharge was passed in one case. This Court did not interfere with the High Court Division's order rejecting the belated prayer for simultaneous hearing of the two cases. 9. The question of propriety of the simul..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. ......tion that in the earlier suit brought by the plaintiff, OC suit No. 630 of 1979, for the self same land, the appellants got themselves added as defendants and contested the suit, that the plaintiffs' prayer for injunction was refused in that suit both by the trial Court and in appeal, that the prese..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 ...... fixed within the knowledge of the parties and the evidence of P.W.1 that the date of hearing was within the knowledge of the defendants, the trial Court rejected the application for restoration. The prayer for condonation was also rejected as explanation for the delay was not found to be satisfacto..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 ......urt was required to consider if the goods were in the custody of the court for the purpose of making an order in favour of the claimant. Mr. Korban Ali in course of the hearing of the appeal made a prayer that since the appellant and others were acquitted of the charge of smuggling and other char..Category: Criminal Law | Date: | Hits: 62
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....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 ......r. A. Baset Majumber, learned Advocate for the appellant, it appears that by order dated 13.2.76 (English version of which has been quoted above), the Sub‑Divisional Magistrate considered the prayer of the Investigating Officer that the appellant be prosecuted under section 211 Penal Code ..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....cing agencies, the law of prevention, having the sanction of the Constitution, is to be allowed to be administered within the framework of that law. However, temptations to resort to such law as an alternative to the ordinary law that calls for hard labour, intelligence and patience for investiga......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
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 ......tition as Annexure‑I series and averred that they received only two replies thereto dated 2.3.74 and 19.3.74 (Annexure-J and J(I)), asking them to submit their documents and stating that the prayer for release was under consideration. The respondents submitted all their documents. 2..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)
....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 ......the order of termination of service passed by the Labour Court remains unaffected by the judgment and order of the High Court Division, as the Rule Nisi was made absolute in narrower terms and the prayer for re‑instatement was not acceded to. 26. Hence although the order of dismissa..Category: Labour and Industrial Law | Date: | Hits: 100
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 ......as transferred to the Court of Second Additional Sessions Judge & Ex‑Officio Special Judge, Dhaka. On April 22, 1992 the day fixed for framing the charge, the learned Special Judge rejected the prayer of the accused for an order of discharge on the ground that the charges were groundless. On M..Category: Anti-Corruption Laws | Date: | Hits: 302
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 ......cation for amendment of the plaint having been rejected the plaintiff obtained a Rule from the High Court Division in civil revision. The Rule was made absolute on 14.8.84 allowing the plaintiff's prayer. The records of the case reached the trial Court on 25.1.86, but the plaintiff failed to fil..Category: Property Law | Date: | Hits: 49
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. ......ection. Evidence was adduced by the parties and the learned Munsif after hearing the parties allowed the miscellaneous case and set aside the abatement. 5. It is true that there was no prayer for setting aside abatement in the application filed on 9-8-58 and there could not be any su..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....rovement of the land in question 3. The application for pre-emption was filed on 29.2.64. Thereafter the pre-emptor amended his application for pre emption on 16-1-65 describing it to be an alternative application under section 96 of the East Bengal State Acquisition and Tenancy Act ......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
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e to the revisional jurisdiction of the High Court. This view is clearly untenable in the facts and circumstances of the present case. 15. In the circumstances stated above, we have no other alternative hut to hold that the order that is required to be passed by the sub-divisional Magistr......2 in connection with that case under section 436 of the Penal Code and President's Order No. 50 of 1972 (hereinafter referred to as P O 50). The learned Sub-divisional Magistrate rejected the prayer for bail on their behalf and remanded them to custody fixing 7-12-72 for further report. Sub..Category: Criminal Law | Date: | Hits: 125
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....e view that the second defendant's petition for staying the suit amounted to taking a step in the suit. He submitted that the second defendant being an agent of the first defendant, it had no alternative but to sail with the first defendant; and since the first defendant prayed for staying ......edings within the meaning of the section and as such the second defendant having submitted to the jurisdiction of the court there was sufficient reason for refusing the first defendant's prayer for stay of the said proceedings. Accordingly, the High Court declined to interfere with the..Category: Civil Law | Date: | Hits: 110
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....tition). A further appeal, as per Rule 8, under the circumstances, would have been an invitation to a foregone conclusion and also an idle formality and cannot at all be called an equally efficacious alternative remedy in view of the Government's indecision for long 14 years in taking a decision as ...... during the war of liberation the respondent's allegiance and sympathies were with Pakistan and that he actively collaborated with the Pakistani authorities. He organized peace committees, led mass‑prayer for Pakistan and gave a clarion call to all patriotic citizens to comb every quarter, search ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....rticle 102 of the Constitution, namely, Writ Petition No. 892 of 1991, which was dismissed summarily by a Division Bench of 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......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 ..Category: Civil Law | Date: | Hits: 139
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......nnivance of the Bank’s officials concerned. The High Court Division, therefore, did not do any wrong in rejecting the application for revision on the ground of limitation. 4. As to the prayer for complete justice under Article 104 of the Constitution, this provision should not be re..Category: Banking Law | Date: | Hits: 106
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......rosecution prayed that for the ends of justice, the said witness be summoned to appear and depose in the trial. 2. After hearing both sides, the trial Court, by an order dated 19.6.93, allowed the prayer of the respondent and ordered the issuance of summons. 3. Being aggrieved, the accused‑p..Category: Criminal Law | Date: | Hits: 53
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