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Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ................Appellant Vs. Shahjahan Siraj @ Sirajul Islam..................Respondent Judgment Aug. 22, 1978. The Code of Criminal Procedure, 1898 (Act V of 1898), Section 561 A. The Specials Powers Act, 1974 (Act XIV of 1974) Interpretation of Statutes After the amendment of ......394/427 B.P C. read with sec. 16 of the Special Powers Act 1974, which was started on the basis of the First Information Report dated May 4, 1974, is pending before the Court of Additional Sessions Judge and Special Tribunal No. 2 Dacca. In this case charge sheet was submitted on September 20, 197..Category: Criminal Law | Date: | Hits: 66
Coal Controller, Government 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 ......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 ......ision case No. 370 of 1993, discharging the Rule. 2. Respondent Ventura Industries Ltd, filed an application under Section 8 of the Arbitration Act, 1940 before the 3rd Court of Subordinate Judge, Dhaka praying for appointment of an Arbitrator by the Court on the ground that in respect of..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ...... the meantime on 6.8.71 the review petition under Order 47 read with section 151 of the Code (Miscellaneous Case No. 84 of 1970) was dismissed. Then on 15.1.74 the Civil Rule was heard by a Single Judge and the question canvassed before the High Court was whether the delay has been sufficiently ..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......appeal‑Criminal Appeal No, 20 of 1989‑which was dismissed by the Additional District Magistrate by an order dated 18 September 1990. This appellate order was challenged before Sessions Judge by a revisional application-Criminal Revision No. 204 of 1990‑but it was summarily dism..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ...... Subhan J.- This appeal by special leave arises out of a Judgment of the High Court Division dated April 25, 1975 passed in Civil Revision No. 1126 of 1974, setting aside the order of the District Judge, Noakhali in Miscellaneous Appeal No. 120 of 1974 affirming the order of the Subordinate fudg..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......e and he having not riled any application for pre-emption proceeding his heirs are not competent to start pre‑emption proceeding. 7. This question was argued before the learned Single Judge of the High Court Division submitting that since the right derived is an individual right, th..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. ......High Court Division in Civil Revision No. 1984 of 1991). Judgment Mustafa Kamal J.- This appeal by defendant No. 1 arises out of a temporary injunction matter. Both the trial Court, Assistant Judge, 1st Court, Chittagong in OS No. 215 of 1989 by Judgment and order dated 28.3.90 and the lower..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 ...... 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 ...... 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 ..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 ......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 ......declaration that the property is an abandoned property; and TS No. 339 of 1981 was filed by the petitioner for a declaration of title and recovery of possession. The trial Court, namely Subordinate Judge, 3rd Court, Dhaka by a common Judgment dated 31 August 1988, dismissed the governmentres..Category: Property Law | Date: | Hits: 101
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......passed by the High Court Division in Writ Petition No. 163 of 1978 making the rule absolute and acquitted the accused-respondents who were convicted under sections 395 and 397 of the Penal Code and Special Powers Act, 1974 and sentenced to suffer rigorous imprisonment for 4 (four) years each by a......7 of the Penal Code and Special Powers Act, 1974 and sentenced to suffer rigorous imprisonment for 4 (four) years each by a Judgment and order dated 22.7.1977 passed by the learned Special Tribunal Judge, Court No. 11, Dacca in Special Tribunal Case No. 210 of 1976 although the said conviction an..Category: Criminal Law | Date: | Hits: 48
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 ...... 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 ....... Judgment: Fazle Munim J: This appeal is against the Judgment and order of a Single Judge of the High Court Division passed in Criminal Appeal No. 613 of 1970 on July 10, 1978 dismiss..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......bsp; Mustafa Kamal J : 36 accused persons, including the four accused‑appellants before us, stood their trial before the learned Sessions Judge, Narail in Sessions Case No. 22 of 1986 variously under sections 148/307/302/34 of the Penal ..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......ctor of Police, Nalchity. 3. P.W. 1's case was registered as Sessions Case No. 587 of 1981. The suo motu FIR case was registered as Sessions Case No. 935 of 1982. On July 7 1983 the Sessions Judge, transferred Sessions Case No. 935 of 1982 to the Additional Sessions Judge, Third Court, Ba..Category: Criminal Law | Date: | Hits: 40
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......registers and thereby misappropriated the said amount for personal gain. The respondent was once tried earlier and convicted under section 409 Penal Code and under section 5(2) of Act 11 of 1947 in Special Case No. 7 of 1966 and sentenced to rigorous imprisonment for 3 years and a fine of T......bsp; ATM Afzal J.- This appeal by the Government following leave is from an order of acquittal dated 12 January, 1986 passed by a Single Judge of the High Court Division (Barisal Bench) in appeal, Criminal Appeal No. 72 of 1978, acquitt..Category: Criminal Law | Date: | Hits: 41
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....was in possession since then by paying rents, etc., that while the plaintiff was in peaceful possession of the "Kha" schedule land he was served with notice dated 20.5.78 from the office of the Sub‑Divisional Officer, Natore to show cause why the suit land should not be declared as vested and non-......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......ench of the High Court Division, Dhaka summarily rejecting the appellants' application under section 115 of the Code of Civil Procedure filed against the order dated 9.10.90 passed by the Subordinate Judge, Natore refusing to add the appellants as defendants in OC Suit No. 19 of 1987. 2. Material..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......e plots. The trial Court allowed pre‑emption in respect of both the plots finding them to be contiguous to the pre‑emptor's land. This finding was confirmed in appeal by the Subordinate Judge. But in revision, as stated above, a learned Single Judge of the High Court Division reversed..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......5.12.91 in Criminal Appeal No. 445 of 1989. 2. The appellant was the Master and person in‑charge of a small coastal Pakistani trawler, Sea Hawk. He along with the crew was tried by the Special Tribunal No. 3 Bagerhat in Special Tribunal Case No. 12 of 1989 under section 156 (1) (8) o......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....dan Mohan Nagar AIR 1967 SC 1260; State of UP Vs. Shyam Lal AIR 1971 SC 2151 and Union of India Vs. Tulsiram Patel 1985 SC 1416; Rangachari Vs. Secretary of State AIR 1937 PC 27; Krishna Kumar Vs. Divisional Asstt. Electrical Engineer, Central Rly. AIR 1979 (SC) 1912; State of UP Vs. Ram Naresh ...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ..Category: Administrative Law | Date: | Hits: 114