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Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ...... 2. Facts giving rise to this appeal are given briefly below: On the night of 1 December, 1987, a shallow tube-well machine of P.W. 1, Apiluddin, was stolen from his field by some unknown persons. At about midnight the police of Bogra Kotwali Police Station caught accused Shafiul Alam (..Category: Criminal Law | Date: | Hits: 44
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 ......or. The proviso to section 42 of the Specific Relief Act requires the plaintiff filing declaratory suit to seek further relief which is possible in the facts of the case. It is well settled that a person in possession of the land need merely to file a declaratory suit for his title. In a suit re..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ...... an application for pre‑emption although he was alive till then. 4. The question raised in this appeal can be answered by applying the test whether the right of pre‑emption is a personal right or it is attached to the property under pre-emption. 5. Section 96 provides ..Category: Property Law | Date: | Hits: 54
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......yan, learned Advocate, has appeared for the petitioner in both the matters. He contends that the tenant was not entitled to make the deposit at the first instance as he did not pay or tender the rent personally to the landlords. The learned Advocate has referred to section 19(l) of the Premises Rent..Category: Tenancy Law | Date: | Hits: 71
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......intendent of Police directed further investigation. Thereafter two Sub-Inspectors of Police, namely, Mr. Barak and Mr. Arun Bala investigated the case but could not collect any evidence and the 4th person, Mr. A Khan Akond submitted charge‑sheet after three years of the occurrence. In these..Category: Criminal Law | Date: | Hits: 48
Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......d by the defence. Defence case was that Tegu who was a thief was chased by a large number of students and co‑villagers and was killed by unknown assailants and his body was concealed by known persons. Due to previous enmity P.W.s. 4 and 5 implicated the appellants. Though the assessors foun..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......n agreement with Mustafa Kamal, J I and have nothing further to add. Mustafa Kamal J : 36 accused persons, including the four accused‑appellants before us, stood their trial before the learne..Category: Criminal Law | Date: | Hits: 60
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......d from 1.10.61 to 9.9.62 but did not deposit the amount to the Government treasury nor did he enter the receipts in the office records and registers and thereby misappropriated the said amount for personal gain. The respondent was once tried earlier and convicted under section 409 Penal Code and..Category: Criminal Law | Date: | Hits: 41
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......Ordinance, 1969 which is as follows: "11A. (1). No trade union which is unregistered or whose registration has been cancelled shall function as a trade union. (2) No person shall collect any subscription for any fund of a trade union mentioned in sub‑section (..Category: Labour and Industrial Law | Date: | Hits: 103
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ...... 54. In that case lands in several plots comprising five different holdings, but touching each other only marginally and not forming a compact block of land, were sought to be pre‑empted by a person claiming that his land was contiguous to these five lands, which were transferred under a s..Category: Property Law | Date: | Hits: 72
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......llip;………………………………………………………… (2) A person shall be disqualified for election or nomination as, or for being, a Chairman or a member i..Category: Election Law | Date: | Hits: 106
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 ...... defined in Code of Civil Procedure. One of the basic principles of the adversary procedure followed in our court system is that as far as possible, no proceeding be conducted to the detriment of a person in his absence. One exception to this principle is that when the defendant, duly served with ..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 ...... seized goods while acquitting the accused as passed by a Division Bench of the High Court Division, Dhaka on 5.12.91 in Criminal Appeal No. 445 of 1989. 2. The appellant was the Master and person in‑charge of a small coastal Pakistani trawler, Sea Hawk. He along with the crew was t..Category: Criminal Law | Date: | Hits: 62
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....que was against office discipline. We do not find the charge as vague. The delinquent, being the Law‑Officer, was conversant with the law applicable in his case. 9. Neither before the Inquiry Officer, nor in his reply to the second show cause notice, nor in his appeal before the Adm......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ..Category: Administrative Law | Date: | Hits: 100
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 ...... required under section 195(1)(b) of the Code of Criminal Procedure 1898, briefly, the Code, is necessary for an offence under section 211 of the Penal Code falsely charging in an FIR/Complaint any person with having committed an offence, unless the Court has taken cognizance of any offence upon ..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....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 ......against it, falls back on its detention power to punish one whom the Court would not convict, it is an abuse and virtual nullification of the judicial process. But if honestly finding a dangerous person getting away with it by overawing witnesses or concealing the commission cleverly, an autho..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 ......der, 1972‑PO No.16 of 1972, which came into force with effect from 28 February 1972, Article 2(l) of PO No. 16 of 1972 says that "abandoned property" means any property owned by any person who is not present in Bangladesh of whose whereabouts are not known or who has ceased to oc..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......he informant victim P.W. 4 Salma Begum was returning to her husband's house at Godaragat in a rickshaw from her father's house at Monipur and when she reached near "Soni Cinema Hall" four persons stopped her rickshaw and forcibly abducted her after holding tier mouth fight. She was kept..Category: Criminal Law | Date: | Hits: 66
Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)
....ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ...... for three consecutive terms, i.e. for the sessions 1986-88, 1988-90 and 1990-92. His term will expire on 5.5.93. Section 19(2) of the Co‑operative Societies Ordinance, 1984 provides that no person who has been a Member of a Managing Committee for consecutive 3 years shall be eligible for ..Category: Constitutional Law | Date: | Hits: 150
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......ble, and with the approval of the Election Commission, a day for a fresh poll. 3. In none of the instant cases the Presiding Officer sent any report about disturbances or stoppage of poll, nor any person or candidate complained to the Presiding Officers about any disturbance. The Presiding Office..Category: Election Law | Date: | Hits: 117
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