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M. A. Hai Vs. Trading CorpoÂration of BanglaÂdesh, Dacca, 1977, 6 CLC (AD)
....nt. Civil Appeal No. 101 of 1979. (From the Judgment and Order dated 3-4-79 passed by the High Court Division in Writ Petition No. 438 of 1978) Judgment Ruhul Islam, J.—This appeal by special leave arises from the judgment of the High Court Division dated April 3, 1979 in Writ PeÂti......ivil Appeal No. 101 of 1979. (From the Judgment and Order dated 3-4-79 passed by the High Court Division in Writ Petition No. 438 of 1978) Judgment Ruhul Islam, J.—This appeal by special leave arises from the judgment of the High Court Division dated April 3, 1979 in Writ PeÂtition No...Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rested to challenge the order made under section 50. Section 102 Provisions of the Waqf Ordinance are to be followed excluding those of the Code of Civil Procedure The Waqf Ordinance being a special statute providing a special procedure is to be followed. The cognizance of the Civil Court t......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 anoÂther, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to contiÂnue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ...... Tribunal on considerÂing the facts as appeared in the charge sheet no illegality has been committed by him. 5. Two points were raised by Mr. A. W. Khondker, Counsel for the appellant, upon which leave was granted by this Court. They are :— "1. As Section 27 of the Act provides that the..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....Criminal Appeal No. 29 of 1978. (From the Judgment and order dated 13-10-77 passed by the High Court Division in Writ Petition No. 792 of 1977). Judgment: K. M. Subhan, J.—This appeal by special leave is from the judgment and order passed in Writ Petition No. 792 of 1977 by the High Cou...... Appeal No. 29 of 1978. (From the Judgment and order dated 13-10-77 passed by the High Court Division in Writ Petition No. 792 of 1977). Judgment: K. M. Subhan, J.—This appeal by special leave is from the judgment and order passed in Writ Petition No. 792 of 1977 by the High Court Divis..Category: Criminal Law | Date: | Hits: 63
Abul Khair Miah beÂing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is deÂclared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......chase on 20-8-75. On these unchallenged facts, we come to the first question to see whether the High Court Division has allocated the onus on the parties on right principle. The other grounds of the leave order are dependant on the first facts. The High Court Division has proceeded on the basis tha..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....de:- (Sections 1(2); 5(2); 6; and 29) "1.(2). It extends to (the whole of Bangladesh) but in the absence of any specific provision to the contrary, nothing herein containÂed shall affect any special or local law now in force, or any special jurisdiction or power conferred, or any special f......abrogated the offences committed under the repealed statute but did not come before the repeal of the statute. The Court observed as follows:— "To read any such intention in the section will leave a vacuum in the legislaÂtion in respect of the fate of the proceedÂings which were legally ..Category: Criminal Law | Date: | Hits: 66
Coal Controller, GovernÂment of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......uddin Chaklader, Advocate-on-Record-For the Petitioner. Rafiqul-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No. 227 of 1993. (From the Judgment and order dated 3.3.93 passed by the Hig..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....978 from SMA 10 of 1975. Judgment: Kemaluddin Hossain CJ.- This appeal is on grant of special leave. Interpretation on the scope of section 105(1) of the Code of Civil Procedure is inv...... SMA 10 of 1975. Judgment: Kemaluddin Hossain CJ.- This appeal is on grant of special leave. Interpretation on the scope of section 105(1) of the Code of Civil Procedure is involved in..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....a in Criminal Revision No. 938 of 1990). Judgment: Shahabuddin Ahmed CJ.- In this appeal by special leave, the short question is whether the High Court Division applied its judicial mind whi...........Accused-Appellants Vs. State ..........................Respondent Judgment May 10th, 1993 Lawyers Involved: Shahidul Islam, Advocate, (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Sham..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... Civil Appeal 103 of 1977 from CR 1126 of 1974. Judgment: KM Subhan J.- This appeal by special leave arises out of a Judgment of the High Court Division dated April 25, 1975 passed in Ci......il Appeal 103 of 1977 from CR 1126 of 1974. Judgment: KM Subhan J.- This appeal by special leave arises out of a Judgment of the High Court Division dated April 25, 1975 passed in Civil Revi..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....1-6. CA 109 of 1979 from CR 174 of 1977. Judgment: Ruhul Islam J.- In this appeal by special leave the question for our consideration is whether the right of pre-emption as conferred u...... CA 109 of 1979 from CR 174 of 1977. Judgment: Ruhul Islam J.- In this appeal by special leave the question for our consideration is whether the right of pre-emption as conferred under sec..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... 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 ...... the Judgment and order dated 6.11.93 passed the High Court Division in Civil Revision Nos. 675 and 674 of 1990). Judgment: Shahabuddin Ahmed Q: Two co‑sharer landlords have filed these two leave petitions separately and the tenant is the common Respondent in both the petitions. The High C..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....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 ......ule No, 115(F) of 1990). Judgment Shahabuddin Ahmed J.- Defendant is the petitioner. He is seeking leave to appeal from an order of the High Court Division dated 25 November 1991, in Civil Rule No...Category: Property Law | Date: | Hits: 101
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....ppeal No. 72 of 1980 from WP 163 of 1978. Judgment: Badrul Haider Chowdhury J.- This appeal is by special leave granted on 14.12.1978 by this Court to the appellant in Civil Petition No. 338 of 197....... 72 of 1980 from WP 163 of 1978. Judgment: Badrul Haider Chowdhury J.- This appeal is by special leave granted on 14.12.1978 by this Court to the appellant in Civil Petition No. 338 of 1978 prefer..Category: Criminal Law | Date: | Hits: 48
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Business or Commercial Law | Date: | Hits: 104
Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......ars. Being aggrieved, the appellants preferred the above‑mentioned Criminal Appeal before the High Court Division which was eventually dismissed. The appellants moved this Court and obtained leave to appeal on two points, namely: i) Since the charge was one under section‑..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....partisan witness than those whose evidence were required to be corroborated. Leave was also granted to consider whether there was any critical assessment of the evidence of the eye‑witnesses especially when the names of the assailants were not disclosed in the General Diary Entry although t......appellants were dismissed, but the appeals of the other six condemned prisoners were allowed and they were acquitted of the charges. 3. Thereafter the four accused‑appellants obtained leave of appeal from the Judgment and order of the High Court Division dated 17/18‑3‑91...Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....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. ......of the Bangladesh Shilpa Bank Order, 1972 for realization of its loan. The petitioner unsuccessfully filed Writ Petition No. 763 of 1990 challenging the decision of the BSB to sell its assets and the leave to appeal from the Judgment of the High Court Division was also dismissed by this Division on ..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......ssed by the High Court Division in Writ Petition No. 1174 of 1988). Judgment: Latifur Rahman J: This appeal by leave is directed against the Judgment and order Passed by the High Court Division in writ Petitio..Category: Property Law | Date: | Hits: 63