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Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......is appeal. His contention is that the learned Subordinate Judge while considering the said point of limitation was not justified in considering that the order passed by the learned Magistrate in a proceeding under section 145 of the Code of Criminal Procedure on 26.4.55 was without jurisdiction...Category: Property Law | Date: | Hits: 69
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......tiff. 4. Mr. Rouf, appearing for the plaintiff-appellants, has urged that the learned Subordinate Judge was totally wrong in holding that the award, Ext 6 obtained by the plaintiff in the DS Board proceeding is binding on him and that Ext. 6 being an award of DS Board, the award Ext 6 had no lega..Category: Property Law | Date: | Hits: 82
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ...... witnesses and after completing, the investigation submitted charge sheet on the 1st March, 1968. He, however, could not secure the arrest of the accused as he was found absconding. The commitment proceeding was held in the Court of Mr. MA Mannan, Magistrate 1st Class, Dacca, who committed the a..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......ew of the fact that no consequential relief was prayed for in that suit, particularly because the defendant had obtained symbolical possession of the suit property against the plaintiff in an earlier proceeding and, as such, the taking of symbolical possession in such a case was held to have effecti..Category: Civil Law | Date: | Hits: 137
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ...... I regret my stupidity and offer my sincerest apology to the Hon’ble Court.” 4. While the apology tendered by the editor and the printer/publisher was accepted, and the proceeding for contempt was dropped against them, the appellant’s prayer for mercy was turned..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ...... writ- petitioners always represented to the Government that they were bonafide purchasers of land outside the acquired land. On 15-11-84 an inter-ministerial meeting was held with regard to the LA proceeding as above and it was decided, inter alia, that; (a) The whole areas under u..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......f sale or realisation under that clause, such taking over or transfer shall not be called in question in or before any Court; and no Court shall: (a) entertain any suit, application or other legal proceeding— (i) for a declaration that such taking over or transfer is illegal, ineffective or..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....6). Judgment ATM Afzal CJ.- This appeal by leave arises out of a judgment and order dated 1st December, 1996 passed by a Division Bench of the High Court Division rejecting an application for quashing of the proceeding of CR Case No. 227 of 1996 pending against the accused-appellant in the C...... ATM Afzal CJ.- This appeal by leave arises out of a judgment and order dated 1st December, 1996 passed by a Division Bench of the High Court Division rejecting an application for quashing of the proceeding of CR Case No. 227 of 1996 pending against the accused-appellant in the Court of Magistra..Category: Business or Commercial Law | Date: | Hits: 145
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... not made in consultation with the Supreme Court before 16-6-1999 stand validated, and all orders made, all judgments and sentences and other orders passed, all acts and things done and actions and proceeding taken and/or continuing, subject to the decision of an appellate/revisional authority, i..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... Penal Code and issued processes against the accused-appellants who surrendered voluntarily and obtained bail from the Court of the Magistrate. 4. Subsequent thereto a Rule was issued for quashing the criminal proceedings pending in the Court of Thana Magistrate, 1st Class, Sonargaon, N......d processes against the accused-appellants who surrendered voluntarily and obtained bail from the Court of the Magistrate. 4. Subsequent thereto a Rule was issued for quashing the criminal proceedings pending in the Court of Thana Magistrate, 1st Class, Sonargaon, Narayanganj. The Rule ..Category: Criminal Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......nterfered with the decision of the lower appellate Court and decreed the suit. He contended that a certified copy of a firisti showing filing of documents, here in this instant case, copy of criminal proceeding under section 107 Cr.P.C. and letters written by the defendants to plaintiff No. 1 to rep..Category: Tenancy Law | Date: | Hits: 62
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
.... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......ending that since the order of requisition in LA Case No 21 of 1963-64 was set aside in appeal on 21 July 1964, the Deputy Commissioner, Dhaka was bound to start a fresh requisition and acquisition proceeding under the provisions of the East Bengal (Emergency) Requisition of Property Act, 1948, ..Category: Property Law | Date: | Hits: 69
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......matter dismissed the appeal and directed the trial Court to dispose of the suit within 3 months. 6. Leave was granted to consider the submission of the learned Advocate for the appellant that the proceeding under Article 34 of the BSRS Order, 1972 being a substantive, independent and alternative..Category: Business or Commercial Law | Date: | Hits: 124
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......-General, submits that no particular reason has been assigned for awarding such a heavy cost against the petitioner. He further submits that Government functionaries will feel hesitant to institute proceeding in Court even to save public property if there is a threat of such heavy cost should the..Category: Property Law | Date: | Hits: 64
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......employees of the plaintiff’s vessel) who appeared before the Magistrate, 1st Class, Maritime Court, Dhaka. It is really unfortunate that deposition of those persons who deposed in a criminal proceeding before the Marine court was relied upon by the Admiralty Judge. Under section 33 of the ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......integrity and wisdom of the learned Judges of the Supreme Court and of the Chief Justice of Bangladesh in the estimation of the public at large. The petitioner prayed for drawing up of an appropriate proceeding for contempt of Court against the Prime Minister. 3. The application was listed for h..Category: Others | Date: | Hits: 99
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ......d by the High Court Division, Dhaka in FMA No. 196 of 1994). Judgment ATM Afzal CJ.- This petition by the second party-lessee arises out of an arbitration proceeding and is directed against judgment and order dated 22nd May, 1996 passed by a Division Ben..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......; March 31, 1998. The Bangladesh Shilpa Rin Sangstha (BSRS) Order, 1972 Article 34 The alleged decision of the Civil Court as to the certificate proceeding may or may not be correct but, the same does not bind the BSRS not to have recourse to ..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......ision that since the order of requisition in LA Case No. 21 of 1963-64 was set aside in appeal on 21 July 1964, the Deputy Commissioner, Dhaka was bound to start a fresh requisition and acquisition proceeding under the provisions of the Act and to pay compensation to the writ petitioners after c..Category: Property Law | Date: | Hits: 50
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ...... the writ petition was seriously challenged and the High Court Division having itself arrived at the conclusion that the determination of genuineness of those annexure is not permissible in a writ proceeding erred in not holding that the writ petition was not maintainable, as the writ petitioner..Category: Property Law | Date: | Hits: 48
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