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Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......ile the suits were pending Abdus Sukur Pradhan and 12 others filed a petition on August 26, 1989 directly to the President praying for allotment of the plots on the ground that they were the affected persons and they had offered the highest bid in the auction, held earlier. Within two days the Presi..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....o be governed by the new Service Rules and Regulations framed under the Ordinance No. LI of 1985. Some of them went on strike with effect from February 19, 1987. 2. The Government set up an Inquiry Committee on March 1, 1987. The Committee submitted a report to the Government. On the basi......at the time of the hearing of the matter earlier. This principle is in consonance with justice and is to be extended to the constitution of the adjudicating body when it comprises of more than one person. When the matter was heard earlier by all the members of the Tribunal rehearing ought to hav..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......oke the licence under section 60(b) of the Act. The learned Judge observed in Mathuri Vs.Bhola Nath AIR 194 All 517(519). “When an owner of land gives permission to another person to put up a building of a permanent character and he incurs expenses in the execution of su..Category: Property Law | Date: | Hits: 80
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 ...... to show that any entrustment of the fish was made to the accused, for sale of fish on credit is not "entrustment" of the fish which is to be disposed of according to the direction of the person making the entrustment, in this case, the seller. 5. Mr. Amirul Islam has cited a de..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......oyers or between employers and workmen or between workmen and workmen, which is connected with the employment or non‑employment or the terms of employment or the conditions of work of any person." After considering the background of the legislation and some other provisi..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......inary law is advantageous to the accused‑respondent and punishment thereunder is much less than that under the special law. He has referred to Article 27 of the Constitution which guarantees to all persons the right of equality before law and equal protection of the law. This Article, he contends,..Category: Criminal Law | Date: | Hits: 132
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. ......ed State Acquisition Act) in view of the fact that Part V including section 96 thereof was brought into force in the area where the land was situated. Then on 23. 1.65 the respondent added certain persons as opposite parties, some of whom are co sharers of the holding and some others are ow..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......ns as follows :— "(2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law— (a) on the application of any person aggrieved, make an order- (i) ......... ............... ..Category: Constitutional Law | Date: | Hits: 716
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. ......can be allowed as maintenance for each of the dependents or for all of them whatever be the number. Sub-section (1) of section 488 of the Code of Criminal Procedure reads: "In any person having sufficient means neglects or refuses, to maintain his wife or his legitimate or il..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. ......schedule offence except upon a report in writing made by a Police Officer not below the rank of a Sub-Inspector or an officer of the Bureau not below the rank of an Assistant Inspector or any persons empowered by the Government in that behalf. 6. Clause (2) of article 4 lays down..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......nbsp; Sayem CJ.—This judgment disposes of petitions for special leave to appeal Nos. 47 and 48 of 1973 preferred by two persons who are facing a trial under President's Order No. 1972, i.e, the Bangladesh Collaborators ..Category: Criminal Law | Date: | Hits: 63
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. ......fore any step is taken in the said proceedings, Section 34 of the Arbitration Act is reproduced below: "Where any party to an arbitration agreement or any person claiming under him commence any legal proceedings against any other party to the agreement ..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. ......viction and acquittal, passed by Special Tribunals and Special Magistrates are set down below in extensor— ''14. Notwithstanding anything contained in the Code no person who is in custody accused or convicted of an offence punishable under this Order shall be r..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ...... their picnic party. Kafi did not agree, whereupon they tried to take away the barks by force but became unsuccessful. After a few minutes, Ashraf Ali, Paltu and Liakat Ali, along with 3 or 4 more persons, being armed with lathis, iron rods, knives came back to the Saw Mill and fell upon Kafi. A..Category: Criminal Law | Date: | Hits: 119
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. ......34 dated March 23, 1992 of the Ministry of Home Affairs served on him were without lawful authority. 2. The material portion of the notification reads as follows: "Whereas it appears that the persons specified below have been staying abroad since before the liberation of Bangladesh and by th..Category: Immigration and Citizenship Law | Date: | Hits: 522
Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)
....laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......er contends that the Insurer has stepped into the shoes of the assignee, and under section 135A of the Transfer of Property Act, he has been subrogated to all the rights and remedies of the insured person in respect of the goods concerned. The petitioner thus acquired the right of the consignee/..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ......ime when the offence was committed and subsequent conduct or failure to fullfil a promise would not constitute an offence under section 415 of the Penal Code. In 30 DLR 327 it was held that when a person promises to pay the price of goods and on his undertaking to pay, the goods were delivered t..Category: Criminal Law | Date: | Hits: 70
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......ty. An application by a defendant under Order IX rule 13 CPC will not be entertainable unless half of the decretal amount is deposited along with the application. Section 7 provides that an aggrieved person may appeal against the judgment or decree of an Artha Rin Adalat to the High Court Division w..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... complainant. On 8.4.90 the appellant also demanded from the complainant Taka 10,000.00 for establishing a shop at Chandraher Bazar. The complainant refused to accept the demand whereupon the accused persons abused her and when the complainant protested they beat her with fists and drove her away fr..Category: Criminal Law | Date: | Hits: 69
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ...... of a civil proceeding, but it has to be borne in mind that this original constitutional jurisdiction of the High Court Division is aimed at securing a speedy and efficacious remedy to an aggrieved person whose legal or constitutional right has been infringed. It is meant to be a summary and swi..Category: Procedural Law | Date: | Hits: 102