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Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....g two accuseds. 1. Md. Yunus Jamadder s/o late Hashem Jamadder. 2. Syed Maitiar Rahman s/o late Syed Salimuddin and to proceed against the remaining accuseds in accordance with the provision of law. 3. That the decision of the Government was conveyed in Memo No.898-183/79/LS dated 22.11 80 ...........Appellant Vs. State...................Respondent Judgment May 8, 1983. Result: The appeal is dismissed. Cases Referred to- Bakshu Mea Vs. Bangladesh, 30 DLR (AD) 228; Sikandar Ali Vs. State, 31 DLR (AD) 134. Lawyers Involved: Moinul Hossain, Advocate, with Md. Joy......ted 21-9-1982 pasted by the High Court Division, Jessore Bench, in Criminal Revision No.87 of 1981). Judgment Chowdhury ATM Masud J.- This appeal by special leave arises out of the judgment and order 21.9.82 passed by a Division Bench of the High Court Division, Jessore Bench, in Criminal Revi..Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he previous attempts by Shahib Ali was nullified by the Sessions Judge but this time cognizance was taken by the Senior Special Judge. The question is whether such cognizance could be taken under the law. Section 4 is as under: “Jurisdiction of Special Judges and cognizance of case by them.—A......sion (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shabauddin Ahmed J Syed Md. Mohsen Ali J A.S.S. Mohammad Ali…………………Appellant Vs. The State and another……………………Respondent Judgment May 4, 1983. Result: The appeal ......For the Appellant. B. Hossain, Advocate-on-record - For the respondent No.1. Ozair Farooq, Advocate-on-record - For respondent No.2. Criminal Appeal No.22 of 1982. (From the judgment and order dated 27 August, 1982 passed by the High Court Division in Criminal Revision No.444 of 1980). ..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....ng First Appeal No.20 of 1975 (Probate), before the High Court Division which, on finding that the plaintiff-respondent succeeded in proving the execution and attestation of the will according to law, allowed the appeal and set aside the judgment of the trial Court. The learned Judges directed t......llants. S.R. Pal, Senior Advocate, (S.C. Das, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record - For respondent No.1. Civil Appeal No. 56 of 1982. (From the Judgment and Order dated 25.11.81 passed by the High Court Division in First Appeal No.20 of 1975). Judgme......ion against the propounder for making an application for Letters of Administration. In our opinion there is no scope for speculation in search of suspicion." 9. Being aggrieved by the judgment and order of the High Court Division the defendant-appellant moved this Court and obtained leave to co..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
....ision of decrees and orders of Courts of Small Causes. The High Court, for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit."(Emphasis adde......…………Appellant Vs. Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyer......ocate-on-record -For the Appellant. Rafiqur Rahman, Sr. Advocate, instructed by Serajur Rahman, Advocate-on-record - For the respondents. Civil Appeal No.120 of 1982. (From the judgment and order dated 11.1.1982 passed by the High Court Division in Civil Revision No.1479 of 1979). Judgm..Category: Property Law | Date: | Hits: 113
MA Sattar Vs. State, 1997, 26 CLC (HCD)
....District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......ar………………………Appellant Vs. State……………………Respondent Judgment November 10, 1997. Result: The appeal is allowed. Lawyers Involved: Taimur Alam Khandoker, Advocate - For the Appellant. MA Rouf, Assistant Attorney‑General ‑ For the State. ......rney‑General ‑ For the State. Criminal Appeal No. 903 of 1997 Judgment Sirajul Islam J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 28‑4‑97 passed by the Special Tribunal Judge, Court No.1 Narayangonj in Special Trib..Category: Criminal Law | Date: | Hits: 90
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....n Mortgage Suit No. 21 of 1990 entertaining the counter‑claim of respondent Nos. 1‑5 as evidenced by Annexure-C to the petition moved in Court should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to thi......n) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Agrani Bank……………………………………………………………..Petitioner Vs. Sultana Jute Mills Limited and others…………………….Respondents Judgment December 1, 1993. Result: The R...... of 1992. Judgment Habibur Rahman Khan J. - At the instance of the petitioner Agrani Bank, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order dated 19.2.92 passed by the Subordinate Judge and First Artha Rin Adalat, Chittagong in Mortga..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
.... the Respondents (In all the writ petitions). Writ Petition Nos. 728, 803, 802 and 838 of 1990, 1092, 1115 and 465 of 1989. Judgment Qazi Shafiuddin J. - As the common questions of facts and law are involved these 7 writ petitions have been heard together and will now be disposed of by this......in J Kazi AT Manowaruddin J Eastern Beverage Industries Ltd………………………………………….Petitioner (In Writ Petition No. 728 of 1990) Bangladesh Beverage Industries Ltd. and another.............Petitioner (In Writ Petition No. 803 of 1990) Dhaka Beverage Industries L...... improvement in technical, managerial, labour and financial factors of individual mills." So the Government constituted a high powered committee giving the outlines for making the guide‑lines in order to levy and collect the excise duty on the factories. The Committee submitted its report and s..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....xcept that a small metal disc, popularly known as show cap is fixed with a screw onto a depression in the middle of the bottom portion of the respondent's fan. 9. Let us now look into the relevant law: Section 2(5) of the Patents and Designs Act, 1911, is to the effect: "Design" means only ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J KM Hasan J National Fans Ltd…………………Petitioner Vs. Md. Firoz and another…………………Respondents Judgment March 20, 1995. Result: The applic......er started filing several suits both under the Trade Marks Act and Patents and Designs Act, with applications for the issuance of an injunction against the respondent, and having failed to obtain any order of ad‑interim injunction in the Courts below has now filed this application for the cancella..Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....his revisional application and obtained the instant Rule. 3. Mr. Md. Ruhul Amin, the learned Advocate appearing for the plaintiff Petitioner, submits that the appellate Court committed an error of law resulting in an error in the decision occasioning failure of justice inasmuch as the learned Cou......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Reza (Md.)………………Petitioner Vs. Executive Engineer, Facilities Department, and others………………Opposite Parties Judgment March 13, 1997. Result: The Rule i......Advocate ‑ For the Petitioner. Mihir Kanti Majumder, Advocate ‑ For the Opposite Parties. Civil Revision No. 3960 of 1996. Judgment Syed Amirul Islam J.- This Rule is directed against order dated 30‑11‑96 passed, by the learned District Judge, Noakhali, in Miscellaneous Appeal No..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
.... At the time of hearing of the Rule at the very outset Mr. Rafique-ul-Huq, the learned Counsel appearing for the opposite party, submits that the present revisional application is not maintainable in law as there is no provision in the Artha Rin Adalat Ain, 1990 for filing a revisional application a......………Petitioner Vs. Bank Indosuez…………………Opposite Party Judgment January 19, 1998. Result: The Rule is discharged. Cases Referred to- Sultana Jute Mills Ltd. and ors Vs. Agrani Bank and others, 14 BLD (AD) (1994) 195; 46 DLR (AD) 174. Lawyers Involved: ...... Begum, Advocates - For the Opposite Party. Civil Revision No.117 of 1995. Judgment MM Ruhul Amin J. This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 4-9-94 passed by the Artha Rin Adalat No.3 and Subordinate Judge, Dhaka in Money Suit No..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....The learned Advocate further submits that there was no decision on a reference from the Court of Small Causes and, as such, the learned SCC Judge exercised power and jurisdiction not vested in him by law. 6. Mr. Bakhtiar Hossain, the learned Advocate appearing for the plaintiffs opposite parties,......st. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......il Revision No. 4118 of 1991. Judgment Syed Amirul Islam J.- This Rule arises out of an application filed under section 25 of the Small Cause Courts Act and is directed against the judgment and order dated 22-6-86 passed by the then Munsif and SCC Judge of Serajganj in Miscellaneous Case No.54..Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....hether his leave will be granted or not is for the appointing authority, namely Government. But it is not understood why the Jessore Bench attempted to make so much out of such innocuous absence of a lawyer. 10. Now about his illness, the High Court Division devoted considerable space whether it ......of the High Court Division, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of 1983 (Suo Motu) Judgment Fazle Munim CJ.- I have gone through the judgment of Shahabuddin Ahmed, J. and agree with his reasoning and conclusion. I would, however, like to add a few words on some aspec......Involved: In person - the Appellant. Moksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate on Record - For the Respondent. Criminal Appeal No. 23 of 1983 (From the order of the High Court Division, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of ..Category: Criminal Law | Date: | Hits: 116
....Appellant No.1 terminated the services of said Abul Bashar under Section 19(1) of the Employment of Labour (Standing Orders) Act 1965 and offered all the benefits to which he was entitled under the law. Notwithstanding the termination of his service, as aforesaid, the appellants continued to deal ...... order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......
(From the Judgment and Order dated 28.5.1973 passed by the High Court Division in petition No.90 of 1973)
Judgment
Debesh Chandra Bhattacharya J.- This appeal by special leave is against an order of a Bench of the High Court Division, rejecting summarily an application made by the appell..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....the Civil Procedure Code, to disturb the finding of the first appellate Court, it is now well established. The High Court can only invoke its jurisdiction under this section, if there is any error of law, or procedure committed by the first appellate Court, and such error has affected the merit of......pondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......gh Court. 8. On the exercise of the power of remand, we get clear indication from a reading of S.103 of the Code which has clothed the High Court with the power to determine also issues of fact in order to avoid remand of cases as far as possible. In this view of the matter, we cannot entertain..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....t his cinema hall which is a funning concern. It has been argued by the State that on the date when the over-draft was granted there was no security. True, but the question is that there must be some law that says such granting of over-draft is a criminal offence and further the grantee of such over......………………Respondent Judgment April 6, 1983. Result: The appeal is dismissed. Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal Abedin, Advocates, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record......Record - For the Appellant. B. Hossain, Assistant Attorney-General, instructed by A.W. Mallik, Advocate on Record - For the Respondent. Criminal Appeal No.19 of 1982. From the judgment and order dated 21-8-1982 passed by the High Court Division in Criminal Revision No.66 of 1980. Judgm..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....signed between them on 09.04.2010, in alleged violation of the terms and conditions of RAJUK’s registered lease deed, dated 25.10.1998, should not be declared to have been passed illegally, without lawful authority and is of no legal effect.” 2. The petitioner’s averments, briefly, are as f......dhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment December 12, 2010. Result: The Rule is made ab......d between them on 09.04.2009, for the lease of the aforementioned floors for a period of 12 years and therefore, the agreement signed pursuant to that decision, is without lawful authority. 12. In order to carry on business in the demised premises the respondent no.1 has to obtain trade license f..Category: Property Law | Date: | Hits: 159
....8 to demolish the construction of the petitioner partially and stopping its construction work at the Triple Corner Chatter in front of High Court Mazar shall not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to......nda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......its construction work at the Triple Corner Chatter in front of High Court Mazar shall not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.”
2. The petitioner’s avermen..
Category: Civil Law | Date: | Hits: 218
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
.... be involved in the occurrence. However, the police arrested the appellant on 5.10.1996 and sent him to jail, wherefrom he filed the instant jail appeal. 6. Mrs. Zinat Akhter Nazley Begum, a panel lawyer appointed by the Ministry of Law and Parliamentary Affairs to provide legal aid to the appell......ttorney General - for the respondent. Jail Appeal No. 1836 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 15.2.1995 passed by the Assistant Sessions Judge, First Court, Cox’s Bazar in Sess......ney General - for the respondent. Jail Appeal No. 1836 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 15.2.1995 passed by the Assistant Sessions Judge, First Court, Cox’s Bazar in Session ..Category: Criminal Law | Date: | Hits: 95
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......Attorney General- for the respondent. Jail Appeal No. 1050 of 2008 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 10.9.2008 passed by the Assistant Sessions Judge, Court No. 3, Kushtia in Session Ca......rney General- for the respondent. Jail Appeal No. 1050 of 2008 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 10.9.2008 passed by the Assistant Sessions Judge, Court No. 3, Kushtia in Session Case N..Category: Criminal Law | Date: | Hits: 81
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
....fer rigorous imprisonment for ten years, as aforesaid. Challenging the said judgment an order of conviction and sentence, the appellant filed the instant jail appeal. 13. Mrs. Hasna Begum, a panel lawyer appointed by the Ministry of Law, Justice and Parliamentary Affairs to provide legal aid to t......rney General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment Md. Ruhul Quddus J.- This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 29.3.2007 passed by the Special Tribunal No.4, Rajshahi in Special Tribunal Case No....... General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment Md. Ruhul Quddus J.- This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 29.3.2007 passed by the Special Tribunal No.4, Rajshahi in Special Tribunal Case No. 55 ..Category: Criminal Law | Date: | Hits: 119
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