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Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....eral with him), instructed by Sharifuddin Chaklader, Advocate-on-Record. (In all the petitions or the Respondent( In Criminal Petition Nos. 117, 118, 119, 120, 121 and 122 of 1992). Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioner (In Cr......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......ahman J.- These six petitions, arising out of Special Case No. 11of 1992 of the Court of Special Judge, Dhaka, were heard together and are now disposed of by this judgment. 2. On April 14, 1991 an Officer of the Bureau of Anti-Corruption, Dhaka lodged a First Information Report with the Motijheel..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
.... Choto Nayan Udasi Nanak Shahi AIR 1933 Allahabad 49 (J); Mohd. Fazlur Rahman Vs. Custodian of Evacuee Property AIR 1956 (FB) Hyderabad, 91. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Serajuddin Ahmed, Advocate-on- Record - For the Appellant. AW......e by the Court in which the suit was originally held, and upon the pleadings and depositions already in the case. See Read 6 Am. St. Rep. 877, 10 At 1. Rep. 385." 18. In Stroud's Judicial Dictionary (1974) it is stated a "rehearing" is a new trial, and is not satisfi......s. State of Uttar Pradesh AIR 1954 (SC) 194 at P 197, Faulad and another Vs. State AIR 1961 Allahabad P 326, Rukan Din Vs. Hafiz-ud-Din PLD 1962 Lahore 161, Sangam Lal Vs. Rent Control and Eviction Officer, AIR 1966 Allahabad (FB) 221; Jai Karan Vs. Panchaiti Akhara, Choto Nayan Udasi Nanak ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....228 Page CJ remarked in Seing Mating VEA Chettyar Firm, 14 ILR (Rangoon) 87 (91); Mammunhi Vs Kunhibi AIR 1961 Kerala 147; AIR 1961 Kerala 147. Lawyers Involved: TH Khan, Senior Advocate (Mr. AM Wahab Miah, Advocate with him) instructed by Mr. Aftab Hossain, Advocate-on......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ....... Dyson [18661 LR I HL, 129; Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135; Gooroo Churan Dutta [186513 WR 228; Narayan Vs. Bholagir Guru Mangir 6 Bom. HCRAC 80; Vallabdas Narainji Vs. Development Officer, Bandra in AIR 1929 PC 163 ; 6 WR 228 Page CJ remarked in Seing Mating VEA Chettyar Firm, 1..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....1959 SC 960, Brojendra Kumar Sengupta Vs. Jitendra Chandra Sen AIR 1960 Assam III & Begum Vs. Seth Dooli Chand (1909) 2 IC 266. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Meah Abdul Gafur, Advocate - on-Record -For the Appellant. Nu......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......18.1.79 she filed a petition before the SDO (South), Dhaka against the defendants for drawing up a proceeding under section 144 Cr.P.C. against defendant No. 1. The SDO (South), Dhaka directed the Officer‑in‑Charge of Gulshan Police Station, defendant No. 6, to maintain status quo an..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... Vs. Chairman, Bangladesh Power Development Board & others................ Respondents Judgment August 31st, 1992. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Lutifor Rahman Majumdar, Advocate with him) instructed by Md. Aftab Hossain, A...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
.... Judgment September 1st, 1992 Lawyers Involved: Md. Joynal Abedin, Advocate, instructed by Md. Aftab Hossain Advocate-on-Record- For the Appellant. M Amirul Islam, Senior Advocate, instructed by Abdul Baset Majumder, Advocate-on-Record- For Respondent No. 1.......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....hers....................Respondents Judgment December 1st, 1992. Cases Referred to- ILR 44 Cal 47 & 19 DLR (SC) 36. Lawyers Involved: Moksum-ul-Hakim, Senior Advocate (Abdul Hamid, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on- Reco......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
.... Vs. Shakhipur Islamia High School....................................Respondent Judgment July 18th, 1991. Cases Referred to- Secretary, Muktagacha Abbasia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR 37, ‑15 DLR (SC) 139; Yusuf Ali Cho......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....shi 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 Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-For the Respondent. Crimi......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. ......this Act by adding Sections 22A, 23A and 23B to the original Act gave power to the Executive Government to determine whether an offender was to be tried under the ordinary law, or by an Adjudication Officer or by a Tribunal, the three sections prescribing three different punishing authorities each ..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....; others Vs. State 15 DLR (SC) 429; Faizur Rahman Sarkar Vs. State, Criminal Appeal No. 9-D of 1969 & Criminal Appeal No. 7 of 1988. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Sharifuddin Chakidar, Advocate-on-Record-For the Appe......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)
....and others………………………………Respondents Judgment July 18, 1973. Lawyers Involved: T. Ali, Senior Advocate instructed by Abdul Matin Khan Chowdhury, Advocate-on-Record— For Appellant. ......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. ...... of notice under section 88A of the Bengal Tenancy Act on the co-sharer? 3. Whether the respondent could file application for pre-emption without setting aside the order of Revenue Officer separating the Jama vide Exhibit 'B' 6. In order to appreciate the point ..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
...., 1892) AC 491 PC; Johnstone Vs. Pedler, (1921) 2 AC 262; Nissan Vs. Attorney-General (1970) AC 179; Canada Vs. Attorney-General, AIR 1937 PG 82. Lawyers Involved: Ahmad Sobhan, Senior Advocate with Abdul Malek, Md. Amar Ali, A.Z.M. Khalilullah Md. Fazlul Karim, Md. Ruhul Amin...... nature or the question involved, the case fulfils the requirements of ss 109 and 110 of the Code of Civil Procedure, and the case is a fit one for appeal to his Majesty in Council". The Judicial Committee observed that when a certificate is granted it is of the utmost importance ......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
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....Vs. Sumatilal, AIR 1954 Bom 546: Mohammad Ali Vs. Mt Sakina Begum, AIR 1944 Lah. 392. Lawyers Involved: Aminul Huq, Advocate-on-Record—For the Appellant. Md. Nurul Huda, Senior Advocate instructed by S.S. Huda, Advocate-on-Record—For the Respondent. Crimin......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)
....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. ...... order of acquittal but on perusal of the original judgment he found therein the additional words ''the accused is acquitted" and that remedy of the appellant was to file an appeal before the Judicial Commissioner and the revision petition was incompetent. It was held by the High Court that ......; Co Vs. Calcutta Corporation, AIR 1950 Cal. 36: Hussain Ali Vs. Emperor, AIR 1920 Cal. 635: Jagmohan Surujmal vs. Venkatesh Gopal Ranade, 1933 Bom. 105; Mrs. Noorjahan Begum vs. Authorised Officer, 17 DLR 393; State vs. Wazir Khan, PLD 1968 Pesh. 140; Mustaq Ahmed Vs. State, 17DLR (SC) 6..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....llip;……… Respondent Judgment August 22, 1973. Case Referred To: Leo vs. Adhikari, ILR 37 Cal. 49. Lawyers Involved: Naziruddin Ahmed, Senior Advocate with Syed Mohammad Ali, Advocate (Instructed by A.W. Mian, Advocate-on-Record)&mdas......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. ......tors Order which relates to taking of cognizance on police report in terms similar to those of clause (b) of subsection (1) of section 190 Cr.P.C. with this rider that it has to be by a Police Officer not below the rank of Sub-Inspector. Mr. Naziruddin Ahmed submitted that in this case..Category: Criminal Law | Date: | Hits: 63
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....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. ......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
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
..........Accused-Respondents Judgment January 2nd, 1994. Lawyers Involved: B Hossain, Advocate-on-Record- For the Appellant. Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record -For the Respondents. ......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 ......tailed account of the incident from one Nehajul Islam alias Mona (PW 2) and lodged an Ejahar with the Bogra Police Station within an hour, whereupon the prosecution case started. The Investigation Officer, after examining witnesses and considering the report of autopsy held on the dead body of K..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s.............Accused-Appellants Vs. State ......................................Respondent Judgment February 10th, 1994. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Appellants. ......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)
....rney‑General, (AF Hasan Ariff, Deputy Attorney-General, and B Hossain, Deputy Attorney - General with him) instructed by Sharifuddin Chaklader, Advocate-on- Record -For the Appellant. AR Yusuf, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 1. Not R......t to exceed or abuse its powers. It must keep within the limits of the authority committed to it. It must act in good faith. And it must act reasonably." 72. Professor, de Smith in his treatise, 'Judicial Review of Administrative Action'(4th Edn) at pages 285-86 summarized the principles formula......ngladesh. The Rajakars, the armed wing of the respondent's party, were engaged in arson, looting and rape and other genocidal activities. The respondent was himself associated with the Pakistani Army Officers. A photograph, published in Dainik Purba Desh on April 6, 1971 showed him sitting with Gene..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....oner Vs. National Bank Limited and others .....................Respondents Judgment July 20, 1993. Result: The petition is dismissed. Lawyer Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Petitioner. Sham......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 ......etitioner, submits that to make a deposit of half of the decretal dues is no efficacious remedy for the petitioner and in such circumstances he cited case of Nagina Silk Mill, Lyallpur Vs. Income Tax Officer, Lyallpur 15 DLR (SC) 181 in support of his submission that an application under Article 102..Category: Civil Law | Date: | Hits: 139
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