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State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....nt. He compared the baggages of the respondent and found one suitcase, one brief case and one chocolate coloured Echolac handbag which he (respondent) had declared in the crew declaration from at the time of departure. P.W. 2 also started examining the baggages and in course of examination he felt t......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. ..Category: Criminal Law | Date: | Hits: 132
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....eous case which was dismissed by the learned Munsif on 29-8-59 holding that the proceeding is bad for defect of parties as Amena, sister of Somartaban Bibi was not made a party and that it was time barred as the appellant had knowledge of the transfer long before the alleged date and t......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
.... the appellant cannot take away the right of the respondent to pre-empt as the appellant failed to prove that the respondent was aware of the transfer and did not exercise his right to pre-empt in time 14. It was argued that parties concerned referred to section 88A of the Bengal Tenancy......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. ..Category: Property Law | Date: | Hits: 60
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
.... Devi reported in AIR 933 Cal. 406; M Bulteel Vs R C. Bulteel reported in A.I.R. 1938 Madras 721 and Bai-Probhavati Vs Sumatilal reported in A.I.R. 1954 Bombay 546. All these decisions are of the time when the maximum amount that could be awarded as maintenance allowance was Rs.100/-"in t......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)
....aken note of in the case of Abdullah Haroon and Co. vs. Cal-Cutta Corporation, reported in AIR 1950, Cal 36,where it was rightly stated that "a Magistrate has to discharge duties which are at times judicial and at other ministerial or Administrative. On certain occasions and&nbs......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
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
...."shall be appointed by the President on the advice of the Prime Minister”. By clause (8) it was provided that in the event of a vacancy occurring in the office of President at any time prior to the framing of the Constitution by the Constituent Assembly, the Cabinet "......so. and that as such its inclusion in the first schedule of the Constitution of the People’s Republic of Bangladesh was also of no avail. Learned Counsel challenged the validity of the appointment of the President who promulgated the Collaborators Order, namely Mr Justice Abu Sayeed ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....any legal proceedings against any other party to the agreement or any person claiming under him in respect of any matter agreed to be referred, any party to such a legal proceedings may, at any time before filing a written statement or taking any other steps in the proceedings apply to ......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)
....fter having gone through the process of a trial and has thereafter been a respondent in an appeal against acquittal. It is the second part of clause (2) of article 16 which for the first time, makes a reference to a person who is acquitted after having gone through the process of a tri...... 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
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....g hold of Kafi. The blow of accused Ashraf with an iron rod was not dealt on the head, neck, shoulder or any other upper part of the body of Kafi who, as appears, was in a standing position at that time. The said blow (not a thrust) dealt on the chat would have, in all probability, hit Paltu as ......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 ..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....out 10‑00/10‑30 AM 3 heads of cattle belonging to appellants Abdul Huq, Mesbahuddin and Nurul Islam entered into the paddy field of PW 1 Serajul Huq and were damaging the paddy. At that time PW 1 sent his nephew Alam to drive away the cattle when Nurul Islam slapped him. At this PW 1 ......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)
....the Foreign Ministers of the Islamic World was held and made an appeal there not to recognise Bangladesh as an independent State. From 1973 to 1976 the respondent met the King of Saudi Arabia several times and prevailed upon him not to recognise Bangladesh or give any assistance to her. On 23 March ......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)
.... Ltd. was a case, under the Income Tax Act. In the present case a regular suit has been filed and a decree has been given against the petitioner. If he has to deposit half of the decretal dues at the time of the filing of the appeal, that is a condition of appeal in a regular suit with which Income ......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
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....in the argument that the order of the trial Court striking off the names of the defendants-guarantors is improper, but it was passed in presence of the Bank's representative; no action was taken in time to seek remedy from the superior Court within die period of about ten months. It appears that ......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 ..Category: Banking Law | Date: | Hits: 106
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....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 ....... 5. Respondent Nos. 1-3, in their affidavit- in-opposition, inter alia, stated that Respondent No. 3 on 19.7.87 amended the provisions of recruitment Rule of the Registration in respect of appointment in the post of Muharrars as provided in para 310(b) part VI, of the Registration Manual..Category: Employment/Service Law | Date: | Hits: 66
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....Lands and Buildings) Administration and Disposal Order, 1966, in that in terms of section 4 of that Order, the Custodian could grant lease of Enemy Property for a period not exceeding one year at a time, but in the present case, defendant No. 2 "granted lease of some unidentified land as Ene......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 ..Category: Property Law | Date: | Hits: 80
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....victed under section 5(2) of Act II of 1947 and sentenced to a fine of Taka 500.00, in default, to suffer rigorous imprisonment for one month. Ext. 1 (Ka) is the employer's show cause, for the second time, of September 13, 1984, asking the employee to explain how his service could be retained after ......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
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
....Tala, accusing, inter alia, that on October 26, 1991, the accused appellant requested him to supply two trucks of jute at Taka 83,059.00 and assured him that he would pay Taka 40,000 in cash at the time of delivery and the rest Taka 43,059.00 within three days thereafter. After the accused paid ...... 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 ..Category: Criminal Law | Date: | Hits: 70
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....late Court is not based on proper consideration of the evidence. Evidence on record shows that Wahab Ali, predecessor-in- interest of the plaintiffs, took the Pattan from Sunil Chandra Ghosh, some time in 1351‑52 BS, went into possession of the land and his name was recorded in the SA Khat......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 ..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....rocedure, 1908 In express terms the Adalat Act has made several departures from the Code of Civil Procedure. Section 5(ka) provides that a hearing of a suit cannot be adjourned for more than three times and the suit has to be disposed of within six months from its institution. Section 6 provides ......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)
....azila Magistrate, Gournadi against the accused‑appellant and his brother and father alleging, inter alia, that on 6.2.90 she was married to the accused‑appellant by a registered Kabinnama. At the time of marriage the parents of the complainant gave ornaments and other household articles worth Ta...... 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
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