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

.... Sayem CJ.-This petition for special leave to appeal is by two accused persons currently facing charges before a special Magistrate at Mymenshingh under President's Order No. 8 of 1972. i.e., the Bangladesh Collaborators (Spe­cial Tribunal Order, 1972 (hereinafter referred to as the Collabo...... 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. ......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)

.... M. A. Jabir J Halcyon Steamship Co., Inc., USA, represented by Hegee & Co. (Pak.) Ltd… Appellant Vs. Province of East Pakistan now Govt. of Bangladesh, re­presented by Collector of Chittagong ……………&hel......A.M. Sayem CJ A. B Mahmud Husain J M. A. Jabir J Halcyon Steamship Co., Inc., USA, represented by Hegee & Co. (Pak.) Ltd… Appellant Vs. Province of East Pakistan now Govt. of Bangladesh, re­presented by Collector o......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. ......nc. vs. Prov. of E. Pakistan. 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 Responden..

Category: Civil Law | Date: | Hits: 110

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

.... Appellate Division (Criminal) Present: A. M sayem CJ B.  Mahmud Hussain J M. A. Jabir J Superintendent and Remembrancer of Legal Affairs, Govt of Bangladesh...………………..Appellant Vs. Jobed Al...... B.  Mahmud Hussain J M. A. Jabir J Superintendent and Remembrancer of Legal Affairs, Govt of Bangladesh...………………..Appellant Vs. Jobed Ali and others……………………&hel...... 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. ...... Judgment July 18, 1971 Cases Referred To: Sate Vs. Mohammad Hossain.25 DLR 207; Md. Ismail vs. State, 21 DLR (SC) 16. Lawyers Involved: Faqueer Shahabuddin Ahmed, Attorney-Ge­neral instructed by Abdur Rab 1, Advocate-on- Record—For Appellant in ..

Category: Criminal Law | Date: | Hits: 39

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

.... Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Govern­ment of the People's Republic of Bangladesh ........................Appellant Vs. Ashraf Ali and others ........ Kamal J Latifur Rahman J State, represented by the Solicitor to the Govern­ment of the People's Republic of Bangladesh ........................Appellant Vs. Ashraf Ali and others ............Accused-Respondents Judgment ......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 ...... 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)

....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 ......resent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J and Latifur Rahman J. Abdus Sattar and others.............Accused-Appellants Vs. State ......................................Respondent Judgment February......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 ......ct 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)

.... ......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. ......ioner of Income‑tax, East Pakistan Vs. Fazlur Rahman 16 DLR (SC) 410; Shah Abdur Rahman Vs. Collector and Deputy Commissioner Bahawal Nagar and others 16 DLR (SC) 470; University of Dhaka Vs. Zakir Ahmed 14, DLR 722; Bangladesh Steamer Agent's Association Vs. Bangladesh and others 31 DLR(AD) 272; ..

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

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 ...... (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 ......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)

....ivision Bench of the High Court Division, Dhaka, in Writ Petition No. 696 of 090, discharging the Rule. 2. Petitioners, claiming themselves as the President and Secretary respectively of the Bangladesh Registration TC Karmachari Samity, filed the aforesaid Writ Petition, calling in questio......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 ......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 ......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 ......out any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ..

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 ...... 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 ......o 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

Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)

....nsurer who already paid the insurance claim in respect of the goods for which he had stood surety, but which were damaged by the master or crew of the vessel. After the said goods were brought into Bangladesh, the petitioner filed the suits for recovery of the money he paid as an Insurer. An app...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J and Latifur Rahman J. Eastern Insurance Co. Ltd.....................Petitioner Vs. D B Deniz Nakliyati TAB and others ..............................Respondents Jud......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 ......e 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

Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)

....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J and Latifur Rahman J. Farid Miah ......................................Appellant Vs. Kutubuddin, being dead, his heirs: Shanu Begum and others .................... Responde......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......ssed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..

Category: Property Law | Date: | Hits: 80

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

....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. ......preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chittagong Chemical Complex ……Appellant Vs. The Chairman, Labour Court and another ..............Respondents Judgment November 30,......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. ......ny 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

Ansaruddin Ahmed Vs. Senior Assistant Judge and Election Tribunal, Barguna & ors, 1994, 23 CLC (AD)

....ecounting the ballots, the High Court Division rightly discharged the Rules Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ......Kamal J Latifur Rahman J. Ansaruddin Ahmed ............... Petitioner [In CP No. 194 of 1993] Nasir Miah and others..................Petitioners [In CP No. 193 of 1993] Vs. Senior Assistant Judge and Election Tribunal, Barguna and others .........Respondents [I......ecounting the ballots, the High Court Division rightly discharged the Rules Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ......isi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ..

Category: Election Law | Date: | Hits: 120

Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)

.... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ......ellip;…Appellant Vs Shantosh Kumar Sadhu and another ..................Respondents Judgment May 9th, 1993. Cases Referred to- Abdul Awal Chowdhury Vs. Md. Waliullah 12 DLR 520; Md. Anwar Ali Vs. State & Nezamuddin 30 DLR 327. Lawyers ...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ...... The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..

Category: Criminal Law | Date: | Hits: 70

Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)

....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......habuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Additional Deputy Commissioner (Revenue), Manikgonj ................Petitioner Vs. Md. Siddiqur Rahman and others …………Respondents Judgm......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..

Category: Property Law | Date: | Hits: 62

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. ......; 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. ......orted 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)

....slation prohibiting dowry and making the giving or taking or demand of dowry an offence. The Dowry Prohibition Act, 1961 (Act No. 28 of 1961) of India, it appears, was profusely borrowed by the later Bangladesh legislation on the subject and therefore it may not be out of place here to quote the fir......ourt Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- ...... 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 ......l 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)

....ed in: 46 DLR (AD) (1994) 158 ......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 ......eal 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)

.... made by the High Court in its writ jurisdiction will be available to it under the said section 114, if that section is otherwise applicable. 10. In the case of Khademul Islam Chowdhury Vs. Bangladesh, 33 DLR (AD) 111, a judgment passed on review by the High Court Division in its writ jur......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 ......ter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..

Category: Procedural Law | Date: | Hits: 102