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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. ......citor, Government of Bangladesh ………………………..Appellant/ Petitioner Vs. S. M.   Ali   Akbar   and others.....................Respondent Judgment March 7, 1974. Cases Ref...... A.M. Sayem CJ A.B. Mahmud Hussain J Abdullah Jabir J Solicitor, Government of Bangladesh……………………..Appellant Vs. A.T. Mridha ………………………&hel......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

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. ......vocate-on-Record —For the Petitioners. None—For the Respondents. Petition   for   Special Leave to Appeal No. 45 of 1973. (Against the judgment and  order of the High Court Division dated the 2nd July, 1973 in Criminal Revision No. 230 of...... Division (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J A.K.M. Fazlul Hoque & others...........................................Petitioners Vs. State....................Respondent Judgment August 22, 1973. Law......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. ..

Category: Criminal Law | Date: | Hits: 53

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

....1316 of 1992. Profession Golam Azam, hereinafter referred to as the respondent, instituted that writ petition. The High Court Division upheld his contentions that Notification No. 403‑Imn/III dated Dhaka April 18, 1973, so far as it related to him and the show cause Notice No. HH: MA(Bhai-l)/134 d......ision (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: ......preme Court Appellate Division (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 19......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. ..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)

....itioner who featured as defendant No. 9 in the suit, being Money Suit No. 528 of 1990, the judgment and decree of which was passed on 31.3.91 by the learned Subordinate Judge, Artha Rin Adalat No. 3, Dhaka. Section 7 of the Artha Rin Adalat Act, 1990 provides for appeal to the High Court Division wi......ate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Zahirul Islam...................................Petitioner Vs. National Bank Limited and others .....................Respondents Judgment July 20, 1993. Result: The petitio......) 191 ......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 ..

Category: Civil Law | Date: | Hits: 139

Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)

....;  Shahabuddin Ahmed CJ.- Petition Rupali Bank, filed Money Suit No. 94 of 1989, re‑numbered as Money Suit No. 187 of 1991, in the Court of Subordinate Judge-cum- Commercial Court No. 1, Dhaka, against defendant No. 1, a Private Ltd. Company and its directors, defendants Nos. 2-6 for r...... case is also reported in: 46 DLR (AD) (1994) 190 ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J and Latifur Rahman J. Rupali Bank Ltd .....................Plaintiff-Petitioner Vs. Tobacco Industries Ltd. and others .....................Defendant-Respondents Ju......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 ..

Category: Banking Law | Date: | Hits: 106

Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)

....bsp;           ATM Afzal J.- This petition is from Judgment and order dated 30th June, 1992, passed by a Division Bench of the High Court Division, Dhaka, in Writ Petition No. 696 of 090, discharging the Rule. 2. Petitioners, claiming themse......ivision (Civil) Present: MH Rahman J         ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nurul Islam and another ………….. Petitioners Vs. The Secretary, Ministr......sp;       ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nurul Islam and another ………….. Petitioners Vs. The Secretary, Ministry of Law and Justice and others…………Res......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

Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)

....) Judgment Mustafa Kamal J.- The accused‑petitioner was being tried for the murder of one Nayek Ali Azam under section 302 of the Penal Code by the First Court of Additional Sessions Judge, Dhaka, in Sessions Case No. 300 of 1992. All the PWs were examined and cross‑examined, two DWs wer.........Respondent Judgment August 26, 1993. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioner. Md. Abdul Wadud Khandker, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respond...... Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hemayatuddin alias Auranga ……Petitioner Vs. State ..........................................Respondent Judgment August 26, 1993. ......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 ..

Category: Criminal Law | Date: | Hits: 53

Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)

....ecord-For the Respondent No. 1.  Not Represented - Respondent No. 2.  Civil Appeal No.7 of 1994   (From the Judgment and Order dated 1.12.93 passed by the High Court Division, Dhaka in Writ Petition No. 1070 of 1992). Judgment  Mustafa Kamal J.- This appeal by le......ision  (Civil)  Present:  Shahabuddin Ahmed CJ   MH Rahman J   ATM Afzal J   Mustafa Kamal J  Latifur Rahman J  Sultana Jute Mills Ltd. and others................... Appellants Vs. Agrani Bank and others................ Responde......; Shahabuddin Ahmed CJ   MH Rahman J   ATM Afzal J   Mustafa Kamal J  Latifur Rahman J  Sultana Jute Mills Ltd. and others................... Appellants Vs. Agrani Bank and others................ Respondents Judgment  June 13, 1994. ......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. ..

Category: Banking Law | Date: | Hits: 168

Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)

....Bhuiyan, Advocate‑on‑Record ‑For the Respondents. Civil Appeal No. 63 of 1993. (From the judgment and order dated 30 October 1992 passed by the High Court Division, Dhaka in First Miscellaneous Appeal from Original Order (Award) No. 224 of 1990). Judgment: ...... Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh ……………. Appellant Vs. Luxmi Bibi and others..... Respondents Judgment April 28th, 1994. Cases Referred to- ......ivision (Civil) Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh ……………. Appellant Vs. Luxmi Bibi and others..... Respondents Judgment April 28th, 1994. ......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 ..

Category: Procedural Law | Date: | Hits: 104

Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)

....titution. 2. The appellants filed Writ Petition No. 330 of 1987 in the High Court Division challenging an order of requisition dated 30.12.63 passed by the Special Land Acquisition Officer, Dhaka and a notice dated 4.7.87 issued by respondent No. 1 Rajdhani Unnayan Kartripakha asking the ...... This case is also reported in: 46 DLR (AD) (1994) 154 ......ate Division (Civil) Shahabuddin Ahmed CJ ATM AfzaI J Mustafa Kamal J and Latifur Rahman J. Moni Begum and others......................Appellants Vs. Rajdhani Unnayan Kartripakha and others ...........................Respondents J......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 ..

Category: Procedural Law | Date: | Hits: 102

Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)

....rder of the High Court Division dated 26.4.93 making the Rule absolute. 2. Respondent No. 1, Kazi Abdur Rouf as Headmaster and Secretary of the Staff Welfare High School, Airport Road, PS Tejgaon, Dhaka filed the writ petition challenging Memo. No. 8297(4) dated 29.7.92 addressed by the School In......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, Civil Aviation Authority of Bangladesh.......................Appellant VS. Kazi Abdur Rouf and others ……………….Respondents Judgment February 16, 1994. Lawyers Involved: ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..

Category: Property Law | Date: | Hits: 86

Mahbub and others Vs. State, 1994, 23 CLC (AD)

....- Petitioners filed Criminal Appeal No. 64 of 1994 before the High Court Division challenging the order of conviction and sentence of two years' imprisonment made by the Additional Sessions Judge, Dhaka, under section 221(c) read with section 10(1) of the Madak Drabbya Niaantran Ain, 1990 and pe......urt Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mahbub and others ................Accused-Petitioners Vs. State .................... Responde...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mahbub and others ................Accused-Petitioners Vs. State .................... Respondent Judgment March 10th, 1994. La...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ..

Category: Criminal Law | Date: | Hits: 55

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 ......sp;     Mustafa Kamal J Latifur Rahman J. Abdul Mannan alias Manu........ .....................    Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd, 1994. Lawyers In......bsp;         Mustafa Kamal J Latifur Rahman J. Abdul Mannan alias Manu........ .....................    Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd,......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 ..

Category: Election Law | Date: | Hits: 136

Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)

....n-Record - For the Respondent No. 1. Not Represented - Respondent Nos. 2-5. Civil Appeal No. 52 of 1993. (From the judgment and order dated January 6, 1993 passed by the High Court Division, Dhaka in Civil Revision No. 954 of 1991). Judgment MH Rahman J.- Respondent No. 1 institut......resented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (S......vision (Civil) Present: MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Post Office High School, represented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994.......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..

Category: Employment/Service Law | Date: | Hits: 101

Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)

.... after holding investigation submitted charge sheet under Regulation Nos. 9 and 11 of MLR No. 1 of 1982. The appellants along with 3 others were put on trial before Special Martial Law Court No. 7, Dhaka in Martial Law Case No. 134 of 1984. By judgment and order dated 8.1.85, the appellants were......] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ..................Respondents Judgment August 6th, 1992 Cases Refe......ry.....................Accused-Appellant [Criminal Appeal No. 4 of 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ...............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   ..

Category: Constitutional Law | Date: | Hits: 174

Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)

....ocate with him) instructed by AKM Shahidul Huq, Advocate-on-Record -For the Respondent. Civil Appeal No. 90 of 1993. (From the judgment and order dated 2.9.93 passed by the High Court Division, Dhaka in Civil Revision No. 2291 of 1990). Judgment Latifur Rahman J.- This appeal by the def...... The provisions of the Rent Control Ordinance are in addition to this section of notice under Section 106 of the Transfer of Property Act. There is nothing in the Ordinance which also absolves the landlord to serve a notice under section 106 of the Transfer of Property Act. Unless the tenancy isâ€...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Aziz .....................................Defendant-Appellant Vs. Abdul Majid………................. Respondent Judgment April 4, 1994. The......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. ..

Category: Tenancy Law | Date: | Hits: 87

AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)

.... Civil Appeal Nos. 24 and 82 of 1992 and Civil Petition No. 346 of 1992. (From the Judgments and orders dated March 9, June 15 and June 24, 1992 passed by the Administrative Appellate Tribunal Dhaka in Appeal Nos. 69, 75 and 84 of 1991.) Judgment MH Rahman J.- The two appeals, CA No.......€¦â€¦â€¦â€¦..Appellant Vs. Bangladesh ………….Respondent (In Civil Appeal No. 24 of 1992) Mohammad Jahangir Kabir.......................Appellant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) Upendra Nath Talukder ..........D) (1994) 113. ......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. ..

Category: Administrative Law | Date: | Hits: 129

Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)

.... 2. Respondent No. 1 National Bank Limited, instituted Money Suit No. 211 of 1988, subsequently renumbered as Money Suit No. 528 of 1990 of the Court of Subordinate Judge (Commercial Court No. 1), Dhaka, the Court of Artha Rin Adalat No. 3. The suit was decreed for a sum of Taka 1,67,77,144.71 j...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J. Zahirul Islam and Abul Kalam Azad ……………..petitioners (In CP Nos. 251, 318/93). ...... ATM AfzaI J Mustafa Kamal J Latifur Rahman J. Zahirul Islam and Abul Kalam Azad ……………..petitioners (In CP Nos. 251, 318/93). Vs. National Bank Limited and others ....................Respondents (In both the petitions)......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 ..

Category: Civil Law | Date: | Hits: 122

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

....ourt Division of the same date 6 September 1992 passed respectively in FMA Nos. 695 of 1991 and 21 of 1992. By these judgments the High Court Division modified a judgment of the Subordinate Judge, Dhaka, dated 26 September 1991 in TS No. 321 of 1990, under sections 30 and 33 of the Arbitration A......afa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Responde......Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ...........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 ..

Category: Business or Commercial Law | Date: | Hits: 98

Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)

....ted by its Manager. The Clevedon Tea Estate, PO Rangirkul, PS ........ Kulaura, District Moulvibazar and 2) the petitioner, Managing Director, The Clevedon Tea Co. Ltd. 67, Motijheel Commercial Area, Dhaka-1000. 3. Petitioner in his petition for returning the plaint for presentation to the prope......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Khondaker Mahtabuddin Ahmed, Managing Dire­ctor....... Petitioner-Defendant Vs. Matin Tea and Trading Company .................. .....Respondent-Plaintiff Judgment January 18, 1994. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Khondaker Mahtabuddin Ahmed, Managing Dire­ctor....... Petitioner-Defendant Vs. Matin Tea and Trading Company .................. .....Respondent-Plaintiff Judgment ......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ..

Category: Procedural Law | Date: | Hits: 91