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Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)

....thin two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......on to Dr. Saiful Islam, the doctor who gave the medical certificate, to appear before the Court and prove the medical certifi­cate. On the same day i.e. 13.9.1983 another appli­cation was filed for time on the ground that Dr. Sai­ful Islam, a Government employee, had net been granted leave by his......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..

Category: Property Law | Date: | Hits: 38

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

...., therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......n is shaken by the dubi­ous nature of the escort. 11. Further evidence of P.Ws. 1, 4 and 5 is that they stood on the eastern end of the Bhanga while Siraj was crossing the Bhanga and at that very time they first heard the cry of Siraj "Oh. Brother Shah Alam, Oh. Brother Shamsu, why are you kill......ing them to feed fat his grudge. 19. Defence suggestions centring round Abdul Karim Chowdhury are that his cousin, Nurjahan Be­gum, got a civil Court decree against him in P.S. No. 70 of 1972 for recovery of her share in the pater­nal property covering an area of over 17 acres but was resisted ...... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..

Category: Criminal Law | Date: | Hits: 52

Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)

....ation of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......of any sanction by the Government under section 6 of the Criminal Law Amendment Act, 1958. 2. The appellant was Jute Extension Assistant in the Jute Extension Office at Joypurhat at the rele­vant time. He was prosecuted and then tried on the charge of misappropriation of Tk. 3,344.65. On con­cl......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..

Category: Criminal Law | Date: | Hits: 41

Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)

....he conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......tted that upon the facts found and proved in the case the conviction for an of­fence of theft is not legally sustainable. He has fur­ther submitted that as there was no dishonest inten­tion at the time of receiving the money at the counter of the Bank the subsequent conduct of the appellant in de......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..

Category: Criminal Law | Date: | Hits: 44

Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)

....urt nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 .................Respondent Judgment April 3, 1989. The Code of Criminal Procedure, 1898 (V of 1898), sections 235-237, 403 & 403(2) In this case "robbery" and "unauthorised possession of fire arms" are not the offences of same nature as contemplated in these two sections. Rather, these are t..

Category: Criminal Law | Date: | Hits: 44

Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)

....-8 (defendants 7-9) who are said to have attained ma­jority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......s including respondents 6-8 (defendants 7-9) who are said to have attained ma­jority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......p­pellate Court. 2. Facts of the case, briefly, are that the plain­tiffs filed other Suit No. 24 of 1984 in the Court of Assistant Judge, Boalkhali Upazila, for declaration of their title to and recovery of khash possession of the suit land. The plaintiffs alleged that the disputed land origina......s including respondents 6-8 (defendants 7-9) who are said to have attained ma­jority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..

Category: Property Law | Date: | Hits: 85

Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)

....appeal is al­lowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......ondent No. 1 and respondent Nos. 8 and 9 submitted papers for election to the Office of Chairman of the aforesaid Union Parishad held on 10. 2. 88. Respondent No. 1 was the sitting Chair­man at that time. On the date of scrutiny on 11.1.88 he filed an application for cancellation of the nomination ...... result, therefore, the appeal is al­lowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ...... result, therefore, the appeal is al­lowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..

Category: Election Law | Date: | Hits: 130

Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)

....it filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......rned Counsel for the petitioner has failed to show us any provision of law under which this Court is empow­ered to make order for transfer as prayed for, but he has referred to a case which was some time ago transferred by us from a court situated within the ter­ritorial jurisdiction of one perman......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..

Category: Procedural Law | Date: | Hits: 110

Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)

.... to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......rtem report an­nexed, it appears that the doctor gave the opinion that death of the deceased was not due to the injuries stat­ed above but due to heart failure, old age and anae­mia. It is not the time to make any comment as to the post mortem report. This will be considered after the doctor take......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...

Category: Criminal Law | Date: | Hits: 63

Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)

....to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......rder by sowing ‘kaun’ in the land and after two months appellant went to plough the land to destroy the crop. Right of private defence of property will not be available to the appellant as he had time to have recourse to the protection of public authorities for violation of the order of injuncti......s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..

Category: Criminal Law | Date: | Hits: 105

Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)

..... The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......isition and Tenancy Act. The application for pre-emption is, therefore, liable to be dismissed, as has been rightly held by the Appellate Court. This omission was pointed out at the earliest point of time but the omission was not supplied. In the circumstances, the impugned order of the High Court D......t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..

Category: Property Law | Date: | Hits: 36

Managing Com­mittee N.M.C. Model High School & ors. Vs. Obaidur Rahman Chowdhury & others, 1978, 7 CLC (AD)

....o not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 133.......ties propounding the principle underlying the Rule. 2. Facts are that the plaintiff-respondent, who is the contiguous owner of a land to that of Respondent School Committee, instituted a suit sometime in 1965 praying for permanent injunction against the defendants from raising structures and dis......uctures and then the plaintiff on 19th February, 1974 filed an application under Order 6, rule 17 of the Code praying for amend­ment of the plaint by adding a new prayer for declaration of title and recovery of possession for 108’ x 5’ of land east to west covering an area 21 cents alleged to h......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 133...

Category: Property Law | Date: | Hits: 36

Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)

....er passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......ion of the letter was to the following effect: “Any person, who is unwilling to be considered for promotion should inform the Public Service Commission of such unwillingness without any loss of time.” The respondent without loss of time, appeared before the Public Service Commission and w......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...

Category: Employment/Service Law | Date: | Hits: 66

Unimarine S. A. Pa­nama Vs. Bangladesh, 1977, 6 CLC (AD)

....re Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......he whole or any part of his property; (b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court, the Court may direct the defendant, within a time to be fixed by it, either to furnish secu­rity in such sum as may be speci­fied in order or t...... of an interlocutory order under Order 38, rule 5 of the Code of Civil Procedure. Facts briefly stated for the disposal of the appeal are that Bangladesh, the Respondent has instituted a suit for recovery of Tk. 1,91,47,500/00 paisa from the defendant-appellants for damage to 5109 metric tons of......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 217

P.W.V. Rowe Vs. Chairman Lab­our Court, Chittagong, 1977, 6 CLC (AD)

....nd any substance in any of the two contentions urged by the learned Counsel and the peti­tion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ...... his appoint­ment can continue in service there­after. Where, therefore, a standing order provides that a workman would lose his lien on his appointment, if he does not join his duty within certain time after his leave expires, it can only mean that his service stands automatically terminated when......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the peti­tion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the peti­tion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..

Category: Labour and Industrial Law | Date: | Hits: 77

Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)

....execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......ontract for transfer. It was held that the third point was answered while discussing the first point, and on the fourth point it was held that the Courts below came to a correct decision and that the time was not the essence of contract. On the fifth question it was observed that the failure to prov...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..

Category: Property Law | Date: | Hits: 32

Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)

....rom their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......e Sessions for trial. The respondents pleaded not guilty to the charge and their case as app­eared from the trend of the cross-examination was that the occurrence did not take place at the place and time and in the manner alleged by the prosecution and they have been falsely implicated out of enmit......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...

Category: Criminal Law | Date: | Hits: 39

Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)

....e Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ...... or within four months, the order of the learned Judges of the High Court Division allowing pre-pre­empted so pre-empt in full depositing the balance amount of the consideration within the specified time is in accordance with law. 5. For proper appreciation of the ques­tion relevant sub-sectio......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..

Category: Property Law | Date: | Hits: 32

Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)

....cordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......the retention cargo and on the plea of serious engine trouble retu­rned back to Mongla instead of going direct to Roosevelt Jetty knowing fully well that there was no repair facility at Mongla. This time they made frantic attempt to dispose of the so-called retention cargo and for this purpose they......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..

Category: Criminal Law | Date: | Hits: 95

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....his view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......1-74. It was stated in the Petition that the First Screening Board summoned the Inspector, District Anti-Corruption Bureau to appear before it on 28-11-74 who appeared before the Board and prayed for time. It was further stated that the First Screening Board also directed Mr. N.H. Majumdar, an Enqui......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ..

Category: Employment/Service Law | Date: | Hits: 72