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Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
.... hotel for their maintenance and she had five daughters and two sons of which two daughters were married and two sons were minors. The learned Judge of the High Court Division thought that a year's time ending on 31st December, 1979 is to be granted during which the execution shall remain stayed......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....him, the management had provisionally decided to remove him from the service of the Corporation. By enclosing a copy of the inquiry reports, the appellant was directed to explain for the second time in writing within one month of receipt of the letter as to why provisional decision of removal ......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....s decision can be challenged before the District Judge. Section 50 of the Ordinance has been inserted in the enrolment chapter. Specific provisions have been made regarding the person, property, time and manner in which the enrolment is to be made. In this context, section 50 authorises the a......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
.... a Special Tribunal being a distinct and separate Court under the Special Powers Act cannot, acting as Sessions Judge, convert itself in the same proceeding to act as Special Tribunal at the same time so as to treat a proceeding under the Code of Criminal Procedure as a proceeding under the Sp......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ..Category: Criminal Law | Date: | Hits: 60
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....d the High Court Division under Article 102 of the Constitution. 3. The dispute centred round the question whether the vendors of the deceased appellant migrated from the then East Pakistan some time before the war of Indo-Pakistan in 1965. The High Court Division held that it was a disputed qu......vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....ey General particularly referred to section 404 which provides that "No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force." Section 410 provides for filing of appeal in the High Court from a conviction ......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
.... plaintiff on 3.2.70 prayed for leave to the court to serve interrogatories and the court directed the defendant to reply to interrogatories of the plaintiff by 12.2.70. On this date a petition for time to file interrogatories was submitted by the defendant, and the court adjourned the case till......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....ffence within the meaning of section 30 of the Evidence Act. 5. The confessional statement was not made before the Magistrate P.W. 8 when accused Shafi was produced before him for the first time on 2 December 1987. Three days' remand was sought for and granted and after three days remand ......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..Category: Criminal Law | Date: | Hits: 44
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....ase is that on hearing about the sale after making necessary search in the Sub‑Registrar's office and on taking a certified copy of the Kabala on March 8, 1973 they came to know for the first time about the transfer of the case land. Their further case is that no notice of sale was served ......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ..Category: Property Law | Date: | Hits: 54
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
....ew landlords purposely avoided receipt of the money order by constantly remaining absent from their houses. Thereupon, the tenant filed an application before the Rent Controller within the prescribed time to deposit the rent. But upon an objection from the two landlords, the deposit was refused. The...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....f the condonation matter which were not taken in the application for condonation itself. One such ground is, that the required fund for payment of court‑fee was not available at the relevant time. Another ground, which was in fact given serious consideration by the High Court Division, is ......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ..Category: Property Law | Date: | Hits: 101
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....mpletion of investigation he submitted charge‑sheet against the accused persons. 6. The defence does not deny the factum and place of occurrence but challenges the manner of it and the time. The defence case is that deceased Ekhlasuddin was an MP from Awami League between 1973-75. He......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....and the leave to appeal from the Judgment of the High Court Division was also dismissed by this Division on 21.5.1990. 2. Then the petitioner filed the present Writ Petition No. 1625 of 1990, this time calling in question the validity of the sale of the project assets upon negotiation to responde......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..Category: Banking Law | Date: | Hits: 142
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....al Sessions Judge, Third Court, Barisal for disposal. The two matters came up before the High Court Division for quashing. The High Court Division stopped the latter case as it was not tried within time, prescribed under section 339C of the Code of Criminal Procedure. 4. The appellants al......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..Category: Criminal Law | Date: | Hits: 40
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e purpose of realization of rent and that the Tahsilder and Assistant Tahsilders were in charge of separate blocks. The learned Judge also noticed that due to heavy rush of tenants at the relevant time the rent receipts were admittedly used to be written at times even by paiks and outsiders. It......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..Category: Criminal Law | Date: | Hits: 41
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....rcent of the total number of workers employed in the establishment or group of establishments in which it is formed. Plainly speaking section 7(2) implies that there cannot be at any given point of time, more than 3 registered trade unions in an establishment. The registration of a trade union m....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....rned Advocate‑on-Record for the pliantiff‑respondent, has submitted that whereas in the earlier suit the Government admitted that the appellants were lessees in respect of the suit land at that time there is no such statement in the written statement filed by the Government in the present suit......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ..Category: Procedural Law | Date: | Hits: 111
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
.... 4. Appellant's contend that the cases cited before the High Court Division have got no relevance in the instant case. It is urged that the High Court Division also erredin entertaining for the first time a photocopy of the Gazette Notification dated November 17, 1955. It is submitted that the failu......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....mitted that they did not give the goods to the Police. 6. It appears from the copy of the order‑sheet of M Special Tribunal that some samples of the seized goods were produced at the time of trial and only those samples remained in the custody of the Court on the day of delivery of......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....ued by the Deputy Secretary of the Ministry of Agriculture and Forest on June 4, 1981 and making the Conservator of Forests as the appointing authority for the posts respondents were holding at the time of the order of compulsory retirement. 2. In both the matters the Administrative Tribu...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ..Category: Administrative Law | Date: | Hits: 114
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