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Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)

..... Nurul Huda, Senior Advocate instructed by S.S. Huda, Advocate-on-Record—For the Respondent. Criminal Appeal No. S-D of 1971. From the judgment and order of Dacca High Court dated 3t-10 69 passed in Criminal Revision No. 813 of 1968. Judgment:   &nbs......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. ......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. ..

Category: Family Law | Date: | Hits: 146

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

..... Huq, Advocate-on-Record—For the Respondents. Criminal Appeal No. 11 of 1973, with Petition for Special Leave to Appeal No. 58 of 1973. (On appeal from the judgment and order dated 31st May, 1973 passed by the High Court Division of this Court in Criminal Revision Case No. ......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)

....titioners. Not represented—For the Respondent. Petition for Special Leave to Appeal Nos. 47 & 48 of 1973 (Against the judgment and orders of the High Court Division dated the 9th July, 1973 in Criminal Revision Nos. 238 & 240 of 1973). Judgment: ......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. ......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. ..

Category: Criminal Law | Date: | Hits: 63

A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)

....s. 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 1973) Judgment:   ......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)

....S. S. Hoda, Advocate-on Record —For the Respondent. Civil Appeal No. 37-D of 1970. (From the judgment and order of the   High Court at Dacca   dated the 29th   April, 1968 passed in FMA No. 6 of 1965). Judgment: ......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)

....fa Kamal, instructed by Abdur Rab II, Advocate-on-record—For the Respondent in Criminal Appeal No. 6 of 1973. Criminal Appeal Nos 5 and 6 of 1973. (From the Judgment and Order dated 28-11-72 and 9-1-73 of the High Court Division passed in Govt. Appeal No. 20 of 1972.) ...... 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

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

....or Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 1. Not Represented -Respondent Nos. 2 & 3. Civil 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) Judgme...... of Pakistan and liquidate them. The Dainik Sangram reported on 16 August 1971 that the respondent said "but God forbid, if Pakistan does not exist then Bengali Muslims will have to face the death of dishonour." The respondent said in mid‑October of 1971 that for the existence of the Bengali Musli......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)

....s 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 within 30 days from the date of the decree on depositing at least half of the decretal amount, the appeal being non-entertai......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 ......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

Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)

....d, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record -For the Appellant. Not represented - The Respondent. Civil Appeal No. 28 of 1986 (From the Judgment and order dated 14.11.84 passed by the High Court Division, Sylhet Bench, in Civil Revision No. 1391 of 1978......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 ......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 ..

Category: Property Law | Date: | Hits: 85

Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)

.... of a criminal offence by a Court and, as such, no show cause notice or enquiry for his dismissal was required; however, in his case, all opportunities were given to him for defending himself. On the date of hearing, April 27, 1988, the employer was absent and the Labour Court allowed the Complaint ......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ..

Category: Labour and Industrial Law | Date: | Hits: 103

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

....s 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 within 30 days from the date of judgment or decree, provided that no appeal shall lie against an interlocutory order of an A......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)

....vocate­ -on-Record -For the Respondent (State). Aminul Huq, Attorney-General- Amicus Curiae. Not Represented -Respondent No. 2. Criminal Appeal No.8 of 1993. (From the Judgment and Order dated 20.6.93 passed by the High Court Division in Criminal Revision No.895 of 1993). Judgment: ...... 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)

....r Rashid Gazi, Advocate, Supreme Court, instructed by MG 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 ......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

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

....on-Record – For  the Respondent No. 1. B. Hossain, Advocate-on-Record - For the Respondent Nos. 2 & 3. Civil Appeal No. 72 of 1992. (From the Judgment and Order dated 3.8.92 passed by the High Court Division in Writ Petition No. 330 of 1987). Judgment: ......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 ......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

Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)

....nstructed by Sharifuddin Chaklader, Advocate-on- Record- For Respondent No.1. Not Represented - Respondent Nos. 2 -13. Civil Appeal No. 67 of 1993. (From the Judgment and Order dated 22.6.93 passed by the High Court Division in Writ Petition No. 1389 of 1992). Judgment......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 ......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

Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)

....ected the right, title, interest and possession of the plaintiffs. The defendants, however, will be at liberty to withdraw the amount of Taka 5000.00 which was deposited in court vide Order No. 33 dated 17.1.61 and the balance amount to be paid within 6 months from the date. There ...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..

Category: Property Law | Date: | Hits: 130

Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)

....d by Md. Aftab Hossain, Advocate-on-Record - For the Appellants in both the Appeals. Ex Parte - Respondents in both Appeals. Civil Appeal Nos. 74 and 75 of 1989. (From the judgment and order dated 19.1.89 passed by the High Court Division, Sylhet Bench in Civil Revision Nos.146 and 147 of 1......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..

Category: Tenancy Law | Date: | Hits: 81

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

....Senior Advocate, instructed by Serajur Rahman, Advocate-on-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). ......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

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

.... construction can be given without straining or violating either the language or the intended meaning of the law. The Government servant may file a case before the Tribunal within six months from the date of the appellate authority's decision. In case of an order subject to review, unlike the one su......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. ......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)

....on-Record (In CP No. 318193) - For the Respondent No. 1. Not Represented -Respondents. Civil Petition for Leave to Appeal Nos. 251 and 318 of 1993. (From the judgment and order dated April 20, 1993 passed by the High Court Division in Appeal From Original Decree No. 771 of 1......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 ......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