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State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)

.... May 27, 1992. Cases Referred to- Waris Meah Vs. State PLD (1957) SC 157 & Meenakshi Mills Vs. Visvanatha Sastri AIR 1955 (SC) 13. Lawyers Involved: M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-on- Record­-For the Appellant. Serajul Huq, Senior......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. ......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. ..

Category: Criminal Law | Date: | Hits: 132

AHM Siddique Vs. State, 1993, 22 CLC (AD)

....Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Sharifuddin Chakidar, Advocate-on-Record-For the Appellant. B Hossain, Assistant Attorney General, instructed by M Nawab Ali, Advocate-on-Record­ - For the Respondent. Criminal A......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 ......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 ..

Category: Criminal Law | Date: | Hits: 44

Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)

....isition and Tenancy Act will apply in the present case and not section 26F of the Bengal Tenancy Act and that sec­tion 96 of the State Acquisition Act is retros­pective so section 6 of the General Clauses Act has no application He further contended that pre-emptor could not remain a co-s......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. ......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. ..

Category: Property Law | Date: | Hits: 60

Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)

....962 SC 1044; Maganbhai Iswarbhai Patel Vs Union of India, AlE 1969 SC, 789 , Anderson V. Commonwealth, 47 CLR 50; Mia Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225 ; Blackburn Vs Attorney-General, (1971) I WLR 1037; Walker Vs. Baird, 1892) AC 491 PC; Johnstone Vs. Pedler, (1921) 2 AC 26......he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ......he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ..

Category: Constitutional Law | Date: | Hits: 716

Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)

....peror, AIR 1945 P C.  94; State of Uttar Pradesh vs. Md. Naim AIR 1964 (SC) 703; Ghulam Mohd. Muzammel Khan, 19 DLR (SC) 439. Lawyers Involved: Fakir Shahabuddin Ahmed, Attorney-General assisted by Ismailuddin Sarkar, Assistant Attorney General, Mahmudul Islam, Assistant Attor......nts against a Magistrate who freely allowed the police to take the arrested persons in to their custody without taking the trouble, as required under section 167 of the Code, to examine the Police Diary or ascer­tain whether there were materials therein to justify the order of remand. The ne......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)

....nstitution, AND Whereas at these elections the people of Bangladesh elected 167 out of 169 represen­tatives belonging to the Awami League, AND Whereas General Yahya Khan summoned the elected representatives of the people to meet on the 3rd March. 19......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. ......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

Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)

....kistan. 20 DLR (SC) 225. Lawyers Involved: S M. Hussain instructed by A. Rab, II, Advocate on-Record—For the Appellant. S. Ishtiaq Ahmed, Addl. Attorney-General instructed by S. S. Hoda, Advocate-on Record —For the Respondent. Civil ......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. ......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. ..

Category: Civil Law | Date: | Hits: 110

Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)

....t in an appeal against acquittal, pending its disposal, not only that the accused-respondent be arrested but that he be also released on bail or committed to prison. 11. The learned Attorney-General who appeared in support of the appeals, however, con­tended that the latter part of th...... 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. ...... 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. ..

Category: Criminal Law | Date: | Hits: 39

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

....year more, They did not challenge their conviction as stood after modification; but it is the State which has come in appeal before us. 3. Mr. B. Hossain, learned Deputy Attorney-­General, has assailed the High Court Division's order in respect of the three accused‑respond......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 ......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 ..

Category: Criminal Law | Date: | Hits: 119

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

....February 10th, 1994. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Appellants. M Samsul Alam, Deputy Attorney-General, AW Mallick Advocate-on-Record-For the Respondent. Criminal Appeal No. 6 of 1993. ......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 ......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 ..

Category: Criminal Law | Date: | Hits: 56

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

.....................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: Aminul Huq, Attorney‑General, (AF Hasan Ariff, Deputy Attorney-General, and B Hossain, Deputy Attorney - General with him......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. ......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

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

....cretary respectively of the Bangladesh Registration TC Karmachari Samity, filed the aforesaid Writ Petition, calling in question the instruction of the Government dated 14.2.90 asking the Inspector General of Registration, Respondent No. 3, to fill up the 475 newly created posts of permanent Muh......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

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

.... 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 Respondent. Criminal Petition fo......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 ......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)

....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. ......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. ......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

Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)

.... 1501. Lawyers Involved: Syed Ziaul Karim, Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record -For the Appellant. M Shamsul Alam, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate­ -on-Record -For the Respondent (State). Am...... 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 ...... 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 ..

Category: Criminal Law | Date: | Hits: 69

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

....olam Hossain 40 CWN 83; Ramji Lal and ors. Vs. Giani and another, AIR 1921 Lab 250; Abdul Gafur Vs. Bangladesh 42 DLR (AD) 100. Lawyers Involved: AW Bhuiyan, Additional Attorney‑General, (Sharifuddin Chaklader, Assistant Attorney‑ General, with him), instructed by AW Mal......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 ......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

Secretary, Min of Ind., Nationalised Ind­ustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)

....cord - For the Appellant (in CP No. 71 of 1979). KS Nabi, Advocate, instructed by SM Huq, Advocate-on-Record- For the Respondent No. 1 (in CP No. 70 of 1979). KA Bakr, Attorney‑General, with A W Bhuiyan, Assistant Attorney- General, instructed by B. Hossain, Advocate-on-Recor......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..

Category: Constitutional Law | Date: | Hits: 157

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

....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. ......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

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

....sion simply by questioning the accused and considering his explanation." 9. The appellant has cited Project in Charge, Paruma (Eastern) Ltd. Vs. Aminur Rahman Khan and another 31 DLR 124 and the General Manager, Jamuna Oil Company Ltd. Vs. Golap Rahman & another 34 DLR (AD) 166 where the fo......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. ......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)

....yers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellant. [In Civil Appeal No. 51 of 1989] AW Bhuiyan, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record - For the Respondent Nos. 1-2. [In Civil Ap......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   ......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