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State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......hem not amenable to any criminal charge under the law but their conduct as responsible officers leaves much to be desired. The University Authority may yet consider the advisability of a departmental proceeding to find out if there was any negligence of duty on the part of any of the engineers in th..Category: Anti-Corruption Laws | Date: | Hits: 92
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......en statement contending, inter alia, that the respondent forcibly occupied the government quarter without any allotment order and he was again and again asked to vacate but on his failure to do so proceedings under the Government Servants (Discipline and Appeal) Rules, 1976 was taken against him..Category: Administrative Law | Date: | Hits: 122
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
.... passed by a Division Bench of the High Court Division in Criminal Revision No. 717 of 1991 discharging the Rule obtained on an application under section 561A of the Code of Criminal Procedure for quashing of the proceeding in OR Case No. 3206 of 1988 pending for trial before the Additional Chie......vision Bench of the High Court Division in Criminal Revision No. 717 of 1991 discharging the Rule obtained on an application under section 561A of the Code of Criminal Procedure for quashing of the proceeding in OR Case No. 3206 of 1988 pending for trial before the Additional Chief Metropolitan M..Category: Criminal Law | Date: | Hits: 71
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......) to that effect. By way of assurance for payment of the share of profits he gave an undated cheque for Taka 5,00,000.00 in favour of appellant No. 1 giving out that there was an arbitration proceeding between the company and the Power Development Board on determination of which he expecte..Category: Business or Commercial Law | Date: | Hits: 118
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ...... and 6-10-76 in favour of defendant No. 1 were illegal and void as no consideration passed. In paragraph 1 of the plaint it has been stated that between the plaintiff and defendant No.2 a criminal proceeding under section 107 of the Criminal Procedure Code and a criminal case under section 427 o..Category: Property Law | Date: | Hits: 72
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......e committed during the period of his service in the Sangstha. The appellant has done it in his official capacity. The allegations against the respondent have not been disproved in any departmental proceeding or otherwise. It has not’ been proved that the appellant took steps to publish the..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......the so-called sale but the plaintiffs received no reply and in the said circumstances the plaintiffs were constrained to file this suit and prayed, pending hearing of the suit, for stay of further proceeding of the aforesaid Miscellaneous Case No. 91 of 1991 or, in the alternative, for analogous..Category: Business or Commercial Law | Date: | Hits: 107
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
....e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ......s arisen out of a Government decision as to selection of a site for construction of a new Union Parishad Office-cum-Community Centre. The grievance of the petitioners cannot be examined in summary proceeding under Article 102 of the Constitution. The allegations of malafide are unfounded. There ..Category: Property Law | Date: | Hits: 71
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....and against one Abul Khair Litu under the said section of the said Act read with section 109 of the Penal Code, the present petitioner obtained a Rule in Criminal Revision No. 365 of 1992 praying for quashing of the said proceedings against him under section 561A Cr. P. C. The Rule was heard by a Di......Khair Litu under the said section of the said Act read with section 109 of the Penal Code, the present petitioner obtained a Rule in Criminal Revision No. 365 of 1992 praying for quashing of the said proceedings against him under section 561A Cr. P. C. The Rule was heard by a Division Bench of the H..Category: Anti-Corruption Laws | Date: | Hits: 105
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......n filed with proper authority from BTL. BTL has explained in its affidavit-in-reply under what circumstances Mr. AKM Mama! Haque was authorised by the Board of Directors to institute and defend legal proceeding in Courts on behalf of BTL in its meeting held on 4.12.92. Defects, if any, in those proc..Category: Information Technology Law | Date: | Hits: 242
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......decree put the same into execution in Title Execution Case No. 9 of 1974 and got possession of the suit land on 22.9.1974; but while the respondents were in possession of the land there had been a proceeding under section 145 of the Code of Criminal Procedure being MR Case No. 105 of 1976 and th..Category: Property Law | Date: | Hits: 61
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....the High Court Division under section 561A of the Code of Criminal Procedure praying for setting aside the orders dated January 26, 1991 and March 5, 1991 passed by the learned Sessions Judge and for quashing the proceeding in Sessions Case No. 26 of 1988 pending in the Court of Sessions Judge, Muns......ions of section 339C and 339D that a trial of a sessions case had to be concluded within 240 days, with an additional grace of 30 days, where after, as per sub-section (4) of section 339C, “further proceedings in respect of the trial shall stand stopped and the accused person released”. That was..Category: Criminal Law | Date: | Hits: 75
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......as agreed in the course of the suit that this should be kept outside the suit, as all the persons interested therein were not impleaded in the proceeding. In respect of the property in schedule 'Ja' the trial Court found that all the persons ..Category: Property Law | Date: | Hits: 51
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......il. Thereafter, he made necessary enquiries in the matter and he came to know that the Deputy Commissioner, Khulna by letter dated 22.1.67 directed the Sub-Divisional Officer, Satkhira to initiate proceeding against him under Article 25(3) of the Basic Democracies Order for removing him as Chair..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......C was not raised or decided in any of the four cases cited. In the case of Panchanan Sarkar vs. Emperor AIR 1930 Cal. 666 it was simply emphasised that the Magistrate has power at any stage of the proceeding to decide that the case is one which he should not try himself but should commit to the ..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......ule No. 79 of 1967. Judgment: TH Khan J.- This revisional application arises out of a pre-emption proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act, 1951, for pre-emp..Category: Property Law | Date: | Hits: 47
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......lay; (e) there must be a greater convenience in granting than refusing the injunction, and (f) equally efficacious relief must not be obtainable by any other usual mode or proceeding" 8. The learned Advocate for the petitioner has referred me to the case ..Category: Civil Law | Date: | Hits: 100
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....le Officer (Revenue) as receiver of the, same and directed the parties to file written statements. The added-respondents filed their petition before the SDO, Sadar (North), Barisal, and prayed for quashing the proceedings. The SDO accordingly, on 3rd February, 1970 directed the receiver to stay ......visional Commissioner, Khulna Division. The Additional Commissioner, Khulna Division by his order dated 24.6.67 dismissed the appeal but directed the Revenue administration to initiate appropriate proceedings for early transfer of these chars from PS Mehendiganj to PS Bhola in the District of Ba..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......f the defendants in a suit for realisation of arrear house rents and is directed against the order dated 16th of January, 1967 passed by the learned Munsif, 4th Court, Narayanganj refusing to stay proceedings of the said suit being Money Suit No. 12 of 1966 of his Court till the disposal of titl..Category: Property Law | Date: | Hits: 86
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......This Rule is directed against an order dated 20th August, 1966 passed by the learned Munsif, 2nd Court, Narail, district Jessore setting aside a compromise decree in Rent Suit No. 602 of 1962 in a proceeding under section 151 of the Code of Civil Procedure. 2. The decree set aside by the..Category: Property Law | Date: | Hits: 69
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