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Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
.... "Forwarded FR as false under sections 147/448/380 BPC. Sanction for prosecuting the complainant under section 211 BPC may kindly be accorded". On 13.2.76 the Sub‑Divisional Magistrate, Sader (North) Chittagong passed the following order; "Seen ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ...... sentenced him to RI for 3 (three) months and a fine of Tk. 500.00, in default to RI for one month more. On appeal against the said order of conviction and sentence, the learned Additional Sessions Judge, First Court, Chittagong, by Judgment and order dated 31.7.84, allowed the appeal and acquit..Category: Criminal Law | Date: | Hits: 40
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......w of the order dated 17 December, 1991 dismissing his petition for leave to appeal No. 292 of 1991. 2. The petitioner who was a Collector of Customs and Excise at Khulna upon conviction by a Special Martial Law Court was compulsorily retired from service by notification dated 4.8.93 under ......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......he Constitution. 2. The appellant's husband, Kazi Mahmood Hossain, was arrested on August 20, 1991 in pursuance of an order of detention dated August 18, 1991 under section (3)(1)(a) of the Special Powers Act, 1974. 3. In the grounds of detention it is stated that the detenu had be......earned brothers. Latifur Rahman J: Mr. Moudud Ahmed, learned Advocate for the appellant, has argued before us that, the learned Judges while considering the confidential report of the Government and other materials relating to ..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ...... Mustafa Kamal J.- This appeal by leave by the pre-emptee-appellant is from the Judgment and order of a learned Single Judge of the High Court Division (at Chittagong) dated 25.11.85 passed in First Miscellaneous Appea..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......the three appellants is directed against the Judgment of the High Court Division passed in Criminal Appeal No. 1066 of 1990 dismissing the appeal and affirming the Judgment and order passed by the Special Tribunal, Court No. 11, Dhaka in Special Tribunal Case No. 135 of 1989 convicting the appel......-For the Respondent Criminal Appeal No. 14 of 1992. (From the Judgment and order dated 01.7.1992 passed by the High Court Division, Dhaka in Criminal Appeal No. 1066 of 1990). Judgement: &nb..Category: Criminal Law | Date: | Hits: 66
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......sis of this report and also in view of the fact that a high number votes in that Centre was cast in favour of only one candidate, the Election Commission cancelled it and directed repoll. The learned Judges referred to two decisions of this Court reported in 41 and 43 DLR and found that there was no..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....of the offence under the Prevention of Corruption Act punishable under section 5(2) of the Act 11 of 1947. In State represented by the Solicitor, Government of the People's Republic of Bangladesh Vs. Divisional Special Judge, Khulna Division and another 44 DLR (AD) 215 this Court re‑iterated the l...... (From the judgment and order dated 27th September, 1992 passed by the High Court Division in Criminal Revision No. 646 of 1992). Judgment M H Rahman J.- These six petitions, arising out of Special Case No. 11of 1992 of the Court of Special Judge, Dhaka, were heard together and are now dis......er, 1992 passed by the High Court Division in Criminal Revision No. 646 of 1992). Judgment M H Rahman J.- These six petitions, arising out of Special Case No. 11of 1992 of the Court of Special Judge, Dhaka, were heard together and are now disposed of by this judgment. 2. On April 14, 1991 ..Category: Anti-Corruption Laws | Date: | Hits: 302
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 ......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 ...... MH Rahman J.- The husband, the appellant before us, instituted Tide Suit No. 226 of 1980 in the Court of Subordinate Judge. Third Court, Dhaka, for a declaration that he is the irrevocable licensee of his wife, the r..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 ......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 ....... Judgment ATM Afzal J.- Plaintiff‑petitioner filed Title Suit No. 301 of 1959 in the First Court of the Assistant Judge, Patuakhali which was dismissed for default whereupon an application under Order 9 rule 9 of ..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
.... he claims that he has right, title and interest in the suit land. It is the civil Court who can decide the right, fide, interest and possession in respect of any property in dispute. The Sub‑Divisional Officer may attach any land and appoint a receiver to manage such property temporarily. ......ned an order from a Magistrate under section 145(6) Cr.P.C. to the effect that they were entitled to be in possession of the suit property. The Zamindar still being in possession filed the suits. A Special Bench of the Assam High Court followed this decision in a later case under similar circumst......arred under section 56(c) of the Specific Relief Act which provides that no injunction can be granted to stay proceedings in any criminal matter. 2. The trial Court, the learned Subordinate Judge, 1st Court, Dhaka rejected the defendant- respondents application under Order VII, rule ..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 ...... 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 ......iod of January to May, 1986 (vide Annexure ‘D’ series to the writ petition). 4. On 15.7.1987 the appellant instituted Title Suit No. 126 of 1987 in the Court of Senior Assistant Judge Gazipur, against the respondents (PDB) for a declaration that the aforesaid electricity bill ..Category: Criminal Law | Date: | Hits: 71
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 ......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 ......bsp; Mustafa Kamal J.- This petition for leave to appeal by the pre-emptee-petitioner is from the judgment and order of a learned Single Judge of the High Court Division dated 27.4.92 in Civil Revision No. 986 of 1990 disposing of the ..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 ......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 ......ection (2) of section 13 of the General Clauses Act and in view of the history of the legislation of the acquisition of interest in hats and bazars by the Government. The view taken by the learned Judge of the High Court Division is, therefore, unsustainable and liable to be set aside. 17..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 ...... 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 ...... Mustafa Kamal J.- The plaintiff-respondent filed Title Suit No. 546 of 1974 in the 1st Court of Subordinate Judge, Dhaka (now renumbered as Title Suit No. 77 of 1990 of the 4th Court of Subordinate Judge, Dh..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. ......nor a case of trial without jurisdiction. The offence allegedly committed by the respondent is the offence of smuggling of gold into Bangladesh. Smuggling 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)...... investigation the Police submitted charge sheet under sections 156(8) of the Customs Act, 1969, 25B(l) of the Special Powers Act and 8(1) of the Foreign Exchange Regulation Act. The learned Sessions Judge, Dhaka on receipt of the case record took cognizance as Ex‑officio Special Tribunal and tran..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 ......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 ......osal 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 dated 4 February 1988 under section 409 of the Penal Code and sentenced ..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. ......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. ...... Judgment: Mahmud 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 Cas..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. ......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. ......nt made by her on the land. It directed the respondent to deposit the said sum to the credit of the appellant as compensation. 4. The transferee preferred an appeal and the learned District Judge, agreeing with the trial Court that section 96 of the State Acquisition Act was applicab..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." ......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......s 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 Division, who however, granted the appellant certificate under Article 103(2)(a) of ..Category: Constitutional Law | Date: | Hits: 716
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