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Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....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 ...... MH Rahman J.- Respondent, Shakhipur Islamia High School, instituted Title Suit No. 112 of 1969 in the First Court of Munsif, Chikandi, for declaration of title to the suit land, described in 'Ka' schedule to the plaint, an area of .92......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 ...... (SC) 139; 16 DLR (SC) 281; Hashem Ali Howlader & others Vs. Province of East Pakistan and others, 20 DLR 18 (1968); SM Nurul Huq Vs. Province of East Pakistan and another, 25 DLR 476. Lawyers Involved: Shahabuddin Ahmad, Deputy Attorney‑General, instructed by Md. Nowab ..Category: Property Law | Date: | Hits: 64
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 ......For the 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 ...... 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 ......fur Rahman J Shahabuddin ................................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31st, 1991. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Reco..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....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. ......particularly of gold has been defined in the Special Powers Act and this definition is exactly the same as that of smuggling under section 156(8) of the Customs Act. The offence is one and same. Therefore there is no question of joinder or misjoinder of charges. Though it has been made punishable ......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. ......der................... Accused-Respondent Judgment May 27, 1992. Cases Referred to- Waris Meah Vs. State PLD (1957) SC 157 & Meenakshi Mills Vs. Visvanatha Sastri AIR 1955 (SC) 13. Lawyers Involved: M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-o..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....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 ...... in law. 2. The appellant was convicted by the Additional Sessions Judge, Dhaka, by an order dated 4 February 1988 under section 409 of the Penal Code and sentenced to rigorous imprisonment for three years and also fine of Taka 9,00,000.00 (nine lacs), in default, to rigorous imprisonment......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 ......Cases Referred to- Mian Mahmud Ali Qasuri & 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..Category: Criminal Law | Date: | Hits: 44
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....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. ......ud Hussain J.—This appeal is against the judgment of a learned Single Judge of the erstwhile High Court of East Pakistan. 2. The appellant filed Miscellaneous Case No. 320 of 1957 for pre-emption under section 96 of State Acquisition and Tenancy Act having land contiguous to the......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. ......ellip;……………….Respondents Judgment July 16, 1073 Case Referred To: S.A. Karim vs. Harendra Chandra Dhupi, 14 DLR, 847. Lawyers Involved: Mia Abdul Gafur, Advocate instructed by S. S. Huda, Advocate-on-Record&mda..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....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. ......lved: T. Ali, Senior Advocate instructed by Abdul Matin Khan Chowdhury, Advocate-on-Record— For Appellant. Jane Alam, Advocate, instructed by S.M, Huq, Advocate-on-Record—for Respondent. Civil Appeal No. 78-D of 1968, (On appeal from the ju......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. ...... Vs. Abdul Bashir Bhuiyan and others………………………………Respondents Judgment July 18, 1973. Lawyers Involved: T. Ali, Senior Advocate instructed by Abdul Matin Khan Chowdhury, Advoca..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......sp; Sayem CJ.- This appeal arises out of an application under Article 102(2)(a)(ii) of the Constitution. It is by the applicant before the High Court Division. The application was summarily dismissed by the learned Judges of that......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......al, (1971) I WLR 1037; Walker Vs. Baird, 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. Khali..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. ......f the appellant could not honourably live with the respondent and she had to shift herself with her children in a separate rented house. She demanded maintenance from the respondent for herself and for her children but the respondent neglected and refused to maintain the appe......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 Sm Soroju Devi. AIR 1933 Cal 406 ;M Bulteel, Vs R C. Bulteel, AIR 1938 Md 721 ; Bai Pravabati 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 ..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. ...... Mainul Hosein, Advocate, Jainul Abedin, Advocate, K.S. Nabi, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Respondents. Criminal Appeal No. 11 of 1973, with Petition for Special Leave to Appeal No. 58 of 1973. (On appeal from the judgment and order dated 3......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. ......welyn Evans. AIR 1926 Bom. 551; Lala Jairam Das Vs Emperor, AIR 1945 P C. 94; State of Uttar Pradesh vs. Md. Naim AIR 1964 (SC) 703; Ghulam Mohd. Muzammel Khan, 19 DLR (SC) 439. Lawyers Involved: Fakir Shahabuddin Ahmed, Attorney-General assisted by Ismailuddin Sarkar, ..Category: Criminal Law | Date: | Hits: 125
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....ed Counsel challenged the validity of the appointment of the President who promulgated the Collaborators Order, namely Mr Justice Abu Sayeed Chowdhury; and to that end we were referred to the Proclamation of Independence made at Mujib Nagar on the l0th day of April. 1971 (herein called the ...... Involved: Manzoorul Ahsan, Advocate, Supreme Court instructed by A W Mian, Advocate-on-Record —For the Petitioners. None—For the Respondents. Petition for Special Leave to Appeal No. 45 of 1973. (Against the judgment and orde......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......J A.K.M. Fazlul Hoque & others...........................................Petitioners Vs. State....................Respondent Judgment August 22, 1973. Lawyers Involved: Manzoorul Ahsan, Advocate, Supreme Court instructed by A W Mian, Advocate-..Category: Criminal Law | Date: | Hits: 53
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. ....... The second defendant is the shipping agent at Chittagong of the first defendant, a shipping company which filed the application under section 34 of the Arbitration Act. 3. The suit is for realisation of Rs. 90,204/- as compensation for an alleged loss sustained by the plaintiff owi......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. ......;….. Respondent Judgment September 5, 1973. Case Referred To: Seafarers Inc. vs. Prov. of E. Pakistan. 20 DLR (SC) 225. Lawyers Involved: S M. Hussain instructed by A. Rab, II, Advocate on-Record—For ..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... 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. ......uittal by a Special Tribunal appointed under article 5 of the Bangladesh Collaborators (Special Tribunals) Order, 1972 (President's Order No. 8 of 1972). 2.The respondents were placed before the Special Tribunal for facing charges under clause (b) of Part IV of the Schedule of the Ba...... 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. ......ip;………. Respondents Judgment July 18, 1971 Cases Referred To: Sate Vs. Mohammad Hossain.25 DLR 207; Md. Ismail vs. State, 21 DLR (SC) 16. Lawyers Involved: Faqueer Shahabuddin Ahmed, Attorney-General instructed by Abdur Rab 1..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....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 ...... acquitting one of the three accused‑respondents and affirming the conviction and reducing the sentence of the other two. 2. Facts of the case are simple. In a sudden incident informant (PW 1) Enamul Hoque's younger brother Ekramul Hoque alias Kafi was killed. Ekramul Huq alia......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 ......ic of Bangladesh ........................Appellant Vs. Ashraf Ali and others ............Accused-Respondents Judgment January 2nd, 1994. Lawyers Involved: B Hossain, Advocate-on-Record- For the Appellant. Abdu..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....owever, said that the clemency would not cover those who had lost their citizenship. President's Order No. 8 of 1972 was repealed and omitted from the First Schedule of the Constitution by the Second Proclamation Order No. 111 of 1975. The respondent asserts that his name was not included in the lis......erved on him were without lawful authority. 2. The material portion of the notification reads as follows: "Whereas it appears that the persons specified below have been staying abroad since before the liberation of Bangladesh and by their conduct cannot be deemed to be citizens of Bangladesh......hip had been cancelled by the previous Government for restoration of their citizenship. From 20 May 1976 the respondent sent several applications to the Secretary, Ministry of Home Affairs, the Chief Martial Law Administrator and the President, but without any result. On 11 March 1978 the Government...... Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: Aminul Huq, Attorney‑General, (AF Hasan Ariff, Deputy Attorney-General, and ..Category: Immigration and Citizenship Law | Date: | Hits: 522
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 ......cord- For the Petitioners. Dr. Rafiqur Rahman, Senior Advocate, Supreme Court, instructed by Sirajur Rahman, Advocate-on-Record -For the Respondent Nos. 5 and 6. Civil Petition for Leave to Appeal No. 532 of 1992. Judgment: &nb......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 ......; ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nurul Islam and another ………….. Petitioners Vs. The Secretary, Ministry of Law and Justice and others…………Respondents Judgment Feb..Category: Employment/Service Law | Date: | Hits: 66
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......rts below arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The pre‑emptors' case, is that they filed Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala before its registration. Thereafter, he withdrew the case on 27......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......ATM Afzal J and Latifur Rahman J. Jafar Ali ....................Appellant vs. Hushiar Ali and others...........Respondent Judgment June 7th, 1990. Lawyers Involved: Mohammad Habib Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate..Category: Property Law | Date: | Hits: 85
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......ue Siddique, Advocate-on-Record- For the Petitioner. Md. Abdul Wadud Khandker, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 75 of 1993. (From the judgment and order dated 27.7.93 passed by the High......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......fzal J Mustafa Kamal J Latifur Rahman J Hemayatuddin alias Auranga ……Petitioner Vs. State ..........................................Respondent Judgment August 26, 1993. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on..Category: Criminal Law | Date: | Hits: 53
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....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. ......tating Respondent No. 2 in service. 2. Respondent No. 2, a Senior Accounts Clerk under the appellant, was dismissed from service on the ground of misconduct. He challenged the order of dismissal before the Labour Court, Chittagong, by a Complaint Petition, Case No. 193 of 1986, on the grounds tha......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. ...... Mustafa Kamal J Latifur Rahman J Chittagong Chemical Complex ……Appellant Vs. The Chairman, Labour Court and another ..............Respondents Judgment November 30, 1993. Lawyers Involved: Khalilur Rahman, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Rec..Category: Labour and Industrial Law | Date: | Hits: 103
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....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. ...... the Code of Civil Procedure, 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.......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. ......f or counter-claim under rule 6 in a suit under the Adalat Act in whatever form, as Order VIII rule 6 is inconsistent with the jurisdictional provisions of the Adalat Act…………………(17) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Rokanuddin Mahmud, Advocate with him..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... 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 ......Class, Thana Gournadi, District Barisal in CR Case No. 9 of 1990 convicting the accused-appellant under section 4 of the Dowry Prohibition Act, 1980 and sentencing him to suffer rigorous imprisonment for two years. 2. The prosecution story in brief is, that on 11.4.90 Mosammat Feroja Begum, the c...... 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 ...... Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- Lajpat Rai Seligal Vs. State, 1983 Criminal Law Journal, 883; Mihir Lal Saha Poddar Vs. Zhunu Rani Saha, 37 DLR 227; Rezaul Karim Vs. Mosammat T..Category: Criminal Law | Date: | Hits: 69
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