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Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....t No. 49 to the JPL was made without making any construction on the land, a pre‑condition for transfer of the land allotted by the RAJUK, and the impediment to transfer was overcome by the RAJUK by amending paragraph 20 of the standard lease form on October 17, 1989. The allotments were made to th......s violative of Articles 27 and 31 of the Constitution. Section 4 of Act XXVI of 1957 and section 5 of Act II of 1947 are two distinct provisions for two different purposes. It is not a requirement of law that a prosecution for an offence under section 5(i) (e) of the Act 11 of 1947 must be preceded ..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ...... 23.3.72” 8. The respondent contends that the above letter addressed to the Chief Manager of the Bank, is neither in form nor in content a license. From Ext, 3, the bye‑laws regarding house building advance by the IDBP, it appears a house building loan may be sanction..Category: Property Law | Date: | Hits: 80
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 ......le Judge discharging the Rule in Civil Revision No. 125 of 1984. 2. Mr. AK Badrul Huq, learned Advocate for the petitioner, submits that the learned Judge of the High Court Division erred in law in holding that the courts below committed no illegality in holding that the subsequent applica..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ...... of the plaint. 9. The trial Court held that the plea of lack of cause of action, taken by the respondents, cannot be decided without taking evidence and as to whether the suit is barred by law, it said, "Admittedly the plaintiff has possession in the suit land and he claims that he ..Category: Property Law | Date: | Hits: 81
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 ......shall be followed, as far as it can be made applicable, in all proceeding in any court of civil jurisdiction. 7. Mr. Moksum‑ul-Hakim next submits that the High Court Division erred in law in allowing pre‑emption in civil revision and thereby exercising the power of Court in s..Category: Property Law | Date: | Hits: 56
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 ...... (2a) was inserted in section 20 of the State Acquisition and Tenancy Act, 1951, by East Pakistan Ordinance No. XII of 1960. "(2a) Notwithstanding anything contained in any other law for the time being in force or in any instrument or in any judgment or decree or order of any ..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 ......rom the Judgment of the High Court Division. 5. Mr. Sultan Ahmad, learned Advocate for the petitioner, submits that the learned Subordinate Judge as well as the High Court Division erred in law in not considering that rejection of the plaint being a decree, an appeal was available to the..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. ......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 under both the laws, but to try this offence exclusive jurisdiction has been given only to the Tribunal under the S..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 ...... order of the High Court Division granting appellant bail pending disposal of his appeal but making it conditional upon payment of the entire fine of Taka 9,00,00.0.00 (nine lacs) is sustainable in law. 2. The appellant was convicted by the Additional Sessions Judge, Dhaka, by an order da..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. ......st that there was a revision before the High Court which set aside the judgment and order passed by the learned Subordinate Judge and remanded the case to that Court for disposal according to law after considering whether there was any abatement by reason of non-substitution of heirs of Kad..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....d when such right was taken away by the legislature, a right to pre-empt was given to the landlord if any transfer is made in respect of the occupancy holding without his consent. Thereafter by the amending Act of 1938 this right of pre-emption was given to the co-sharer tenant when a portion or......he vendor to the respondent, a right accrued to him in respect of the holding and such right is independent of the right of the vendor and such right cannot be extinguished except under process of law. The respondent became a co-sharer in the holding and when a subsequent purchaser wants sub..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." ......6th day of May, 1974 by the Prime Minister of the two countries (hereinafter 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 par..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. ......- ‘in the whole’ but the amount of maintenance granted to Begum Hamida and her four children having exceeded Rs. 400/ the order of the Magistrate has been held to be bad in law. No decision has, however, been referred to in support of this view. In Mst. Sughra Begum Vs M..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. ...... of a judicial discretion or whether it is the order passed by a persona designata section 6 of the Code contemplates that besides the High Court and Courts constituted under any other law shall be the following four classes of Criminal Courts : (1) Courts of Sessions. ..Category: Criminal Law | Date: | Hits: 125
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....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. ......h Court Division answered the question in the affirmative. Hence this petition by the accused. 3. Learned Counsel for the petitioners maintained that the Collaborators Order was a still-born law inasmuch as it was promulgated by an authority not competent to do so. and that as such its in..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. ...... a matter largely in the discretion of the court which must, of course, be exercised judicially in due regard to the circumstances of each case. Even involvement of difficult questions of law has been considered in numerous cases to constitute a "sufficient reason" within the ..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. ...... days from the date of sentence and for an appeal under clause (2) shall be sixty days from the date of the order of acquittal. (4) The appeal may lie on matters of fact as well as of law. (5) Notwithstanding anything contained in this Order, the Government may, within si..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 ......al Sessions Judge, Bogra, dated 21 December 1985 in Sessions Case No. 17 of 1984. State is the appellant and the question raised in this appeal is whether the High Court Division is well-founded in law and fact in acquitting one of the three accused‑respondents and affirming the conviction ..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....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. ...... 403‑Imn/III dated Dhaka April 18, 1973, so far as it related to him and the show cause Notice No. HH: MA(Bhai-l)/134 dated March 23, 1992 of the Ministry of Home Affairs served on him were without lawful authority. 2. The material portion of the notification reads as follows: "Whereas it ..Category: Immigration and Citizenship Law | Date: | Hits: 522
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