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Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......ainant had full confidence in the accused and that the transaction in question did not take place on a particular occasion but it consists of series of transactions spread over a year. During this period the complainant supplied fish to the accused who also made payments in parts and in this way..Category: Criminal Law | Date: | Hits: 43
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....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. ......g with the trial Court that section 96 of the State Acquisition Act was applicable in this case, held that no sharer tenants were necessary parties who were added in the proceeding beyond the period of four months prescribed under section 96 of the State Acquisition Act and that as such the..Category: Property Law | Date: | Hits: 60
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......t facts leading to this appeal may be put as follows Appellant Begum Hamida was married to the respondent Abdul Hamid in 1952. They led a peaceful and happy conjugal life upto 1958 and during that period they had 4 children. In 1958 the respondent took a second wife against her will, and as a re..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....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. ...... and clause(3) of the said article provides that on receipt of the report under clause (2), the Sub-divisional Magistrate may , by order in writing, direct such person to be detained for an initial period of six months for the purpose of inquiry or information, which period may be extended ; by t..Category: Criminal Law | Date: | Hits: 125
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....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. ......to meet on the 3rd March. 1971 for the purpose of framing a Constitution, AND Whereas the Assembly so summoned was arbitrarily and illegally postponed for an indefinite period. AND whereas instead of fulfilling their promise while still conferring..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....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. ......ident's Order No. 91 of 1972 promulgated on 3-8-1972) which was no doubt repealed by the Constitution of the People's Republic of Bangladesh, the appeal had abated on the expiry of the period of ninety days with effect from the 3rd August, 1972. The proviso relied upon by the learne..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... (3) The period of limitation for an appeal under clause (1) shall be sixty days from the date of sentence ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....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. ......impugned judgment the High Court Division upheld the respondent's contentions that he was born in this country and that he was a permanent resident on the midnight of 25/26 March 1971 and that or the period of his being stranded in Pakistan he was to be deemed to be a permanent resident under the pr..Category: Immigration and Citizenship Law | Date: | Hits: 522
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 ......ng off the names of the defendants-guarantors is improper, but it was passed in presence of the Bank's representative; no action was taken in time to seek remedy from the superior Court within die period of about ten months. It appears that the impugned order of trial Court was obtained and the ..Category: Banking Law | Date: | Hits: 106
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......cordance with the Enemy Property (Lands and Buildings) Administration and Disposal Order, 1966, in that in terms of section 4 of that Order, the Custodian could grant lease of Enemy Property for a period not exceeding one year at a time, but in the present case, defendant No. 2 "granted lea..Category: Property Law | Date: | Hits: 80
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ...... has already been Liken. The LA Collector assessed compensation for the land at Taka 1.10 lakh (and some odd) out of which the respondents-land owners received Taka 1.08 lakh (and some odd) in the period between 1968 and 1973. The Government issued a Notification on 26 July 1983, which was publi..Category: Procedural Law | Date: | Hits: 104
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......g there as tenants, to vacate the premises as he needed the house for building and rebuilding, and also asked them to pay rent at the rate of Taka 17.50 paisa per month for the two huts during the period of their stay. Defendant 1 Sudhangshu Kumar Chowdhury and defendant 2 Ramendra Narayan Chow..Category: Civil Law | Date: | Hits: 134
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ...... 11.4.92 and 16.4.92 on the ground that he was not liable to hand over charge as the offices of the Chairman and members had fallen vacant owing to their failure to take oath within the prescribed period and a fresh election should be held for those offices. 3. It was his case that section..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......e conducted the case on behalf of the bank but he had no personal knowledge about the service of processes. Thus the position which emerges is that these plaintiffs were minors during the relevant period and a Court guardian who was appointed under Order XXXII of the Code of Civil Procedure was ..Category: Property Law | Date: | Hits: 130
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ...... Imprisonment for 14 years and to pay a fine of Tk. 10,00,000.00 to be realised by confiscation of their movable and immovable properties, in default, to suffer Rigorous Imprisonment for a further period of 3(three) years each or in case of part realisation proportionately. The three accused who..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......emises Rent Control Ordinance, 1963 (XX of 1963), section 18 (1) (c) The Transfer of Property Act, 1882 (IV of 1882), section 105 & 106 Whether a tenant can be evicted on the expiry of the period of lease without a notice under section 106 of the T.P. Act. Per Latifur Rahman J: Th..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......n review will be treated as the date of making or taking of the order, decision or action concerned. The time spent in pursuing a time‑barred application for review will not be excluded to foil the period of six months for coming to the Tribunal, because the President may or may not entertain a ti..Category: Administrative Law | Date: | Hits: 129
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......rum created by a special law for adjudication of suits which can be filed by a Bank or a financial institution for recovery of its dues. Section 7 of the Artha Rin Adalat Act provides for a special period of limitation of 30 days for preferring an appeal against the judgment of the decree of the ..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......arned Judges did not find any error in the award and refused to set it aside. 4. The BADC, in Appeal No. 43 of 1993, questioned the Arbitrator's power to grant interest on his award for any period, such as the pre‑reference period, the period during which the reference was pending a..Category: Business or Commercial Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......eposit the money, but the requiring body made the deposit on February 17, 1986. The High Court Division observed that "it can at best be said that the acquisition proceeding remained stayed" from the period from June 4, 1985, the date of annulment of acquisition, to September 22, 1985, the date of c..Category: Property Law | Date: | Hits: 64
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