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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. ......ive jurisdiction for trial in which case there would have been no scope for discriminatory treatment as to choice of forum or procedure for trial. ATM Afzal J.- This appeal by the State following leave is from an order of acquittal passed by the High Court Division, Dhaka in appeal acquitting th..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......aka, in Criminal Appeal No. 54 of 1988). Judgment: Shahabuddin Ahmed J: In this appeal by special leave the question is whether the impugned order of the High Court Division granting appellant bail..Category: Criminal Law | Date: | Hits: 44
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ...... learned Munsif passed in Misc. Case No.158 of 1961 arising out of original Misc. Case No. 320 of 1957. As against the judgment of the High Court, the appellant filed this petition for special leave to appeal and leave was granted to consider whether the High Court was justified in taking th..Category: Property Law | Date: | Hits: 50
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. ......de the Rule absolute and set aside the order of the appellate Court and restored that of the trial Court with the modification as earlier indicated. As against this, the appellant obtained special leave to appeal from the erstwhile Supreme Court of Pakistan. 5. Mr T. Ali, the learned Coun..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." ...... the learned Judges of that Division, who however, granted the appellant certificate under Article 103(2)(a) of the Constitution. The certificate contains the following words: "Certificate for leave, as prayed for, under Article 103 (2) (a) of the Constitution is granted” 2. In ..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. ...... Vs Mia Mohammad Din (1957) 9 DLR (WP) 37= reported in P.L.D 1957 Lah. 441, and also in view of the contention that the High Court, Dacca misinterpreted the orders of the Courts below granted leave in the following terms- "Since there is a conflict of opinion between the H..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. ......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. ..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. ......amp; 240 of 1973). Judgment: 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 Presid..Category: Criminal Law | Date: | Hits: 63
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. ......3 in Criminal Revision No. 230 of 1973) Judgment: Sayem CJ.-This petition for special leave to appeal is by two accused persons currently facing charges before a special Magistrate at M..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. ......ure point of time to the benefit of the provision for stay of proceedings. Indeed, it was first defendant alone which preferred the appeal to the High Court and also this appeal which is by special leave, indicating that the second defendant never felt aggrieved by the order of the learned ..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. ......e obviously passed in purported exercise of powers conferred on it by section 427 of the Code of Criminal Procedure, that the Government preferred these two appeals upon obtaining special leave from us. 3. Leave to appeal was granted in order to consider whether the High Court Div..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 ...... Criminal Appeal No. 6 of 1991. Judgment: Shahabuddin Ahmed CJ.- This appeal by special leave is from a judgment and order of the High Court Division dated 16 July, 1987, passed in Crimi..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......ent. Criminal Appeal No. 6 of 1993. Judgment: Latifur Rahman.- This appeal by leave at the instance of 17 accused-appellants is directed against the judgment and order of a Divi..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....resident's Order will be treated to be a continuation of residence in Bangladesh. The proviso does not say or it does not mean that if there are other purposes or manners of stay such as a tourist, a sick person undergoing treatment, a political traveler, a visitor of relations, a pilgrim, a fugitiv......Appeal No. 58 of 1993 (From the judgment and order dated April 22, 1993 passed by the High Court Division in Writ Petition No. 1316 of 1992) Judgment MH Rahman J.- This appeal by special leave at the instance of the Government is directed against the judgment and order dated April 22, 1..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ...... dismissed summarily by a Division Bench of the High Court Division on 30.6.91 on the ground that the petitioner has an alternative and efficacious remedy by way of appeal. 2. The petitioner seeks leave to appeal from the said judgment and order. 3. Mr. Asrarul Hossain, learned Counsel for the..Category: Civil Law | Date: | Hits: 139
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 ......l application (Civil Order No. No. 348 of 1992), but it was summarily rejected by the High Court Division, by an order dated 26 January, 1992, on the ground of limitation. Petitioner is now seeking leave to appeal from this order. 2. Mr. Shaheed Alam, learned Advocate for the Petitioner, ..Category: Banking Law | Date: | Hits: 106
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......in Civil Revision No. 1391 of 1978). Judgment: Latifur Rahman J: This appeal by special leave by the pre‑emptee is directed against the judgment of the High Court Division, Sylhet, ..Category: Property Law | Date: | Hits: 85
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......ss and to lead rebuttal evidence, if the defence so desires, and also to hear argument after examination of the accused-petitioner under section 342 Cr.P.C. afresh. 4. The accused-petitioner seeks leave to appeal from the aforesaid judgment and order of the High Court Division dated 27.7.93. 5..Category: Criminal Law | Date: | Hits: 53
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 ......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 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
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