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Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)
....h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......n, Advocate-on-Record - For the Petitioner. Sharifuddin Chaklader, Advocate-on-Record- For the Respondent No. 1. Not Represented - Respondent Nos. 2 ‑3. Civil Petition for leave to Appeal No. 66 of 1989. (From the Judgment and Order dated 1st December, 1988 passed..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....others, AIR 1928 (Cal) 464. It is settled, these decisions go, that where the legislature has indicated a mode of procedure before a Magistrate, a civil Court will not E interfere, except in special circumstance, by way of injunction of declaration of right. Those were however cases of cri......bsp; Mustafa Kamal J.- Some time after a proceeding under section 145 Cr.P.C. was drawn up against the appellant in this appeal by leave and the case land was attached and a receiver was appointed the appellant while still in actu..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... 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 ......Court Division, Dhaka in Writ Petition No. 1609 of 1989). Judgment: ATM Afzal J.- This appeal by leave arises from an order dated 10 December, 1989 passed by a Division Bench of the High Court Div..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....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 ......ka, in Criminal Revision No. 1889 of 1991). Judgment: Shahabuddin Ahmed CJ.- This appeal by leave calls in question an order of the High Court Division dated 30 October 1991 summarily dismiss..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....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 ......h Court Division in Civil Revision No. 986 of 1990). Judgment: Mustafa Kamal J.- This petition for leave to appeal by the pre-emptee-petitioner is from the judgment and order of a learned Single Jud..Category: Property Law | Date: | Hits: 56
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
.... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......he Petitioner. Zakir Hossain, Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 1. Not Represented ‑Respondent No. 2. Civil Petition for leave to appeal No. 121 of 1990. (From the judgment and order dated 27.2.90 passed by the H..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....bunal instead of before a Magistrate. Procedure for trial of this offence under the ordinary law is advantageous to the accused‑respondent and punishment thereunder is much less than that under the special law. He has referred to Article 27 of the Constitution which guarantees to all persons the r......ive jurisdiction for trial in which case there would have been no scope for discriminatory treatment as to choice of forum or procedure for trial. ATM Afzal J.- This appeal by the State following leave is from an order of acquittal passed by the High Court Division, Dhaka in appeal acquitting th..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....sion, Dhaka, in Criminal Appeal No. 54 of 1988). Judgment: Shahabuddin Ahmed J: In this appeal by special leave the question is whether the impugned order of the High Court Division granting appell......aka, in Criminal Appeal No. 54 of 1988). Judgment: Shahabuddin Ahmed J: In this appeal by special leave the question is whether the impugned order of the High Court Division granting appellant bail..Category: Criminal Law | Date: | Hits: 44
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
.... of the learned Munsif passed in Misc. Case No.158 of 1961 arising out of original Misc. Case No. 320 of 1957. As against the judgment of the High Court, the appellant filed this petition for special leave to appeal and leave was granted to consider whether the High Court was justified in t...... learned Munsif passed in Misc. Case No.158 of 1961 arising out of original Misc. Case No. 320 of 1957. As against the judgment of the High Court, the appellant filed this petition for special leave to appeal and leave was granted to consider whether the High Court was justified in taking th..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....ingly made the Rule absolute and set aside the order of the appellate Court and restored that of the trial Court with the modification as earlier indicated. As against this, the appellant obtained special leave to appeal from the erstwhile Supreme Court of Pakistan. 5. Mr T. Ali, the lear......de the Rule absolute and set aside the order of the appellate Court and restored that of the trial Court with the modification as earlier indicated. As against this, the appellant obtained special leave to appeal from the erstwhile Supreme Court of Pakistan. 5. Mr T. Ali, the learned Coun..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....ter referred to as the Delhi Treaty) which the appellant claimed, involved cession of Bangladesh territory was without lawful authority and of no legal effect. The declaration was sought with special reference to a part of what is known as Berubari Union No 12 and the adjacent enclaves that...... the learned Judges of that Division, who however, granted the appellant certificate under Article 103(2)(a) of the Constitution. The certificate contains the following words: "Certificate for leave, as prayed for, under Article 103 (2) (a) of the Constitution is granted” 2. In ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....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. ...... Vs Mia Mohammad Din (1957) 9 DLR (WP) 37= reported in P.L.D 1957 Lah. 441, and also in view of the contention that the High Court, Dacca misinterpreted the orders of the Courts below granted leave in the following terms- "Since there is a conflict of opinion between the H..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....l Magistrate together with a precise information or materials on the basis of which the arrest has been made, and, pending receipt of the order of the Sub-divisional Magistrate, may, by general or special order in writing, commit any person so arrested to such custody as the Government may by ge......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
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
..... 238 & 240 of 1973). Judgment: Sayem CJ.—This judgment disposes of petitions for special leave to appeal Nos. 47 and 48 of 1973 preferred by two persons who are facing a trial unde......amp; 240 of 1973). Judgment: Sayem CJ.—This judgment disposes of petitions for special leave to appeal Nos. 47 and 48 of 1973 preferred by two persons who are facing a trial under Presid..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....uly, 1973 in Criminal Revision No. 230 of 1973) Judgment: Sayem CJ.-This petition for special leave to appeal is by two accused persons currently facing charges before a special Magistr......3 in Criminal Revision No. 230 of 1973) Judgment: Sayem CJ.-This petition for special leave to appeal is by two accused persons currently facing charges before a special Magistrate at M..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
.... any future point of time to the benefit of the provision for stay of proceedings. Indeed, it was first defendant alone which preferred the appeal to the High Court and also this appeal which is by special leave, indicating that the second defendant never felt aggrieved by the order of the l......ure point of time to the benefit of the provision for stay of proceedings. Indeed, it was first defendant alone which preferred the appeal to the High Court and also this appeal which is by special leave, indicating that the second defendant never felt aggrieved by the order of the learned ..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....hich were obviously passed in purported exercise of powers conferred on it by section 427 of the Code of Criminal Procedure, that the Government preferred these two appeals upon obtaining special leave from us. 3. Leave to appeal was granted in order to consider whether the High C......e obviously passed in purported exercise of powers conferred on it by section 427 of the Code of Criminal Procedure, that the Government preferred these two appeals upon obtaining special leave from us. 3. Leave to appeal was granted in order to consider whether the High Court Div..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ents. Criminal Appeal No. 6 of 1991. Judgment: Shahabuddin Ahmed CJ.- This appeal by special leave is from a judgment and order of the High Court Division dated 16 July, 1987, passed ...... Criminal Appeal No. 6 of 1991. Judgment: Shahabuddin Ahmed CJ.- This appeal by special leave is from a judgment and order of the High Court Division dated 16 July, 1987, passed in Crimi..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 ......ent. Criminal Appeal No. 6 of 1993. Judgment: Latifur Rahman.- This appeal by leave at the instance of 17 accused-appellants is directed against the judgment and order of a Divi..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... Civil Appeal No. 58 of 1993 (From the judgment and order dated April 22, 1993 passed by the High Court Division in Writ Petition No. 1316 of 1992) Judgment MH Rahman J.- This appeal by special leave at the instance of the Government is directed against the judgment and order dated Apr......Appeal No. 58 of 1993 (From the judgment and order dated April 22, 1993 passed by the High Court Division in Writ Petition No. 1316 of 1992) Judgment MH Rahman J.- This appeal by special leave at the instance of the Government is directed against the judgment and order dated April 22, 1..Category: Immigration and Citizenship Law | Date: | Hits: 522
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