Search Options
Judgment Advanced Search
Displaying 6481-6500 of 7133 results.
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....nly reiterated the Court's inherent power to give effect to any order under the Code of Criminal Procedure "to prevent the abuse of' the process of any court or otherwise to secure the ends of justice". In this case, the appellants invoked the inherent power of the Court to secure ends......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 ...... 1993 Lawyers Involved: Shahidul Islam, Advocate, (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Shamsul Alam, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on Record-For the Respondent. ......no conviction of the co‑accused can be based only on that confession without any corroboration from other sources. The learned Deputy Attorney-General could not but accept this proposition of law. In this case, admittedly there is no corroboration of the confessional statement. The learned..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 ......ate holding that a receiver could not be appointed by a civil Court in a suit for declaration of title simpliciter of immovable property. The reason for so holding is because of the problem which, according to the learned Judges, arises on the conclusion of the suit in making over possession of ......ar Dutta ........................Appellant Vs. Nur Mohammad and others................Respondent Judgment June 15th, 1978. Cases Referred to- Nawab Humayun Begum Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94; Sunder Singh Vs. Mana......receiver being an agent of the court no execution proceeding for delivery of possession is necessary. 6. As none appeared for the respondent and as the matter involved important question of law, Mr. Syed Ishtiaq Ahmed was requested to appear as amicus curiae for assisting the Court. ..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 ......ceeding. 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, the same is not heritable and accordingly, on the death of Sadat Ali Kari the pre-emptors 1-6 did not acquire any right of pre-em......ncy Act, 1950 for pre‑emption of the land transferred under the kabala dated March 14, 1972 for a consideration of Rs. 5,000.00 which was registered on April 9, 1972. Respondents 1-6 claimed to be co‑sharers by inheritance and respondents 7-9 claimed to be co-sharers: by purchase. Th......tion does not lapse in the event of death, but it devolves upon his legal heirs. The legal heirs inheriting the land arc competent to exercise the right of pre‑emption in accordance with the law. 6. Mr. Abdus Salam, the learned Counsel appearing for the appellant, submitted that Sa..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 dispute has arisen between the parties. If it is ultimately found that the disputed Schedule 1 (Ka) land belongs to the plaintiff, several legal complications will arise. Hence, in the interest of justice, the High Court Division directed the parties to maintain status quo in respect of the suit ......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. ......assed an order of status quo restraining the appellant from making any construction over the land in dispute. 2. Respondent No. 1 instituted the aforesaid suit on 11.10.89 for declaration of title to recovery of possession and permanent injunction in respect of the suit land described in Schedule......heir areas as per documents by a competent surveyor and upon receipt of the report of the Pleader Commissioner, the trial Court was directed to proceed with and dispose of the suit in accordance with law. 9. Leave was granted to consider the submission of the defendant No. 1 that the High Court D..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 ...... be paid or tendered personally by the tenant to the landlord. If, for instance, the landlord resides in a different place, the tenant may send the rent by Money Order or by Bank Cheque or Bank Draft according to any arrangement between the landlord and the tenant. In the instant case, the tenant re......abibul Islam Bhuiyan, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record-For the Petitioner. (In both the cases) Not represented -The Respondent. Civil Petitions for Leave to Appeal Nos. 106 and 107 of 1993. (From the Judgment and order dated 6.11.93 passed the High Co......posit with the Rent Controller. In this case, the learned Advocate contends, remittance of the rent by Money Order without first approaching the landlord with "personal tender" is not contemplated in law. The learned Advocate, however, does not dispute that rent for the month of November 1987, that ..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 ......Bangladesh represented by Secretary, Ministry of Public Works and Urban Development and another...............................Respondents Judgment May 25, 1992. Case Referred to- Bangladesh Vs. Jaferuddin, 1986 BLD (AD) 180. Lawyers Involved: TH Khan, ......stated in their application under section 5, Limitation Act clearly shows that the delay was caused by willful neglect and serious laches on the part of the Government's officers, particularly the law‑officers involved in this matter. Learned Counsel has also criticised the view taken by t..Category: Property Law | Date: | Hits: 101
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....igh Court Division. The High Court Division could grant mandamus directing for retrial but it noticed that no useful purpose would be served in giving such direction. Courts act in the interest of justice and when the court is satisfied that the ends of justice I require setting aside the convic......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 ...... Lawyers Involved: Abdus Sobhan, with Additional Attorney-General, instructed by MR. Khan, Advocate-on- Record-For the Appellant. Kho......ppearing for the appellant, urged that the High Court Division could interfere only if the authority had exceeded its jurisdiction or that it had no jurisdiction at all or that it had violated any law. But in this case, the Special Tribunal convicted the respondents under the provisions of the S..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ision ought to have taken greater care and caution in assessing the evidence of admittedly partisan, interested and hostile prosecution witnesses, whether this failure has resulted in a failure of justice, whether upon a wrong view of law and facts it failed to give due importance to the necessi......ed Judges also correctly found that actuated by this ill‑will, the deceased were killed while going to Jessore to make tadbir in the murder case filed by the accused. (c) That according to the prosecution the occurrence took place at 7‑00 AM in the month of June, 1985......nd others……………….Appellants Vs. State………….Respondent Judgment April 13th, 1993 Cases Referred to- Hamida Bano Vs. Ashiq Hussain and ors. 15 DLR (SC) 65; Ali Ahmed Vs. State 14 DLR (SC) ......ul Huq and an election case against both appellants Nawabul Alam and Klialilur Rahman instituted by P.W. 1 was pending at the time of occurrence. Appellant Kawser Munshi is the father-in‑law of appellant Nawabul Alam. Kawser Munshi's elder brother acquitted accused Lal Miah was at th..Category: Criminal Law | Date: | Hits: 60
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ...... Settlement Case No. 1103 of 1987 in respect of holding No. C/56 3rd Colony, Mirpur, Dhaka. 2. The appellant's case, in short, is that holding No. C/56, 3rd Colony, Mirpur, Dhaka was allotted to one Md. Hussain by ADC (Relief), Dhaka on 29.1.65 by an agreement of lease. The lessee Md. Hussai......quate opportunity to the appellant to prove the genuineness of the kabala dated 20.8.1970 held the same to be invalid. The procedure adopted by the Court of Settlement being not in confirmity with law and the learned Judges of the High Court Division having not at all given their attention to th..Category: Property Law | Date: | Hits: 63
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 ...... Lawyers Involved: Abdul Malek, Sr. Advocate, (Zamiruddin Ahmed, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik Advocate-on-Record-For the Respondent. Criminal Appe......lure to conclude the trial within the prescribed time. 7. This Court held in Alauddin Molla & ors Vs. State and others 40 DLR (AD) 282. "There cannot be any objection in law to the two cases being heard by separate judges but it has been held in many decisions of th..Category: Criminal Law | Date: | Hits: 40
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
....by purchase and held that they had equal claim for pre-emption and allowed the pre-emptors' claim to the extent of 50% of the case land. The appellate Court appeared to have done an evenhanded justice. The High Court Division approved that measure. 3. Section 96 of the State Acquisit...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......Afzal J Mustafa Kamal J Latifur Rahman Golchera Khatun being dead her heirs: Akhter Hossain and others (in all the Appeals) ............. Appellant Vs. Sayera Khatoon...............................Respondent Judgment December 7th, 1992. ......tion of fragmentation of such a holding, and also for the convenience of the tenants holding land contiguous to the land transferred. But it is also a clog on transfer of property. Any provision of law barring a claim of pre‑emption must be strictly construed. 4. Sub-section (4) of ..Category: Property Law | Date: | Hits: 72
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 ......ing on the same industry, irrespective of their place of situation. Under section 28‑B of the Trade Unions Act, 1926, an employer had to consider about the same, if not fully the same, while according recognition to a registered trade union. The guideline is provided in the first proviso i......lip;………….Appellants Vs. Registrar of Trade Unions and ors…......................Respondents [In CA No. 17 of 1993] Flight Engineers and Navigators Association and anr……………Appellants Vs. Registr......oners had their own separate stories to tell, but the High Court Division, concentrating on their common cause, held that the common impugned order of the Registrar dated 2.5.90 was passed without lawful a6thority as it had not been mentioned anywhere in the said order that there was any doubt o..Category: Labour and Industrial Law | Date: | Hits: 103
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 ......esent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Jahiruddin Mollah (Md)…………… Pre-emptor-Appellant &......sp; Shahabuddin Ahmed CJ.- In this appeal by special leave the only question is whether the High Court Division is well founded in law in refusing pre-emption in full on a finding that the land of the Pre-emptor, who is a contiguo..Category: Property Law | Date: | Hits: 72
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......tained by him was allowed to be discharged for non‑prosecution on 19.3.92, 9 days after he took oath of office. He is holding on sometimes to his dealership and sometimes to his Chairmanship accordingly as it suits him. This is a typical instance of approbation and reprobation which cannot......urt Division dated 4.5.92 dismissing summarily the appellant's Writ Petition No. 1454 of 1992 wherein the appellant prayed for issuance of a Rule Nisi calling upon respondent No. 5 Milon Md. Bachhu to show cause under what authority he claims to hold or purports to hold the office of Chairman of ......12.91 and the acceptance thereof on 8.12.91 respondent No. 5 was a disqualified person within the meaning of section 7(2) (f) of the said Ordinance. The High Court Division, it was urged, erred in law in holding that the order of cancellation of dealership came into effect from 25.8.91 upon the ..Category: Election Law | Date: | Hits: 106
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....law in interfering in the matter when there is nothing on record to show that the Courts below appeared to have committed any error of law resulting in an error in the decision occasioning failure of justice. 6. In Bangladesh Vs. Abdul Wadud and ors 25 DLR (SC) 90 where the court passed on ex par......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 ......gladesh represented by the Deputy Commissioner Dhaka & others ……………………............Respondents Judgment January 19, 1993. Result: The appeal is dismissed. Cases Referred to- Rezaul Haque Molla Vs. Afizullah Molla 42 DLR (AD) 74 & Bajrang Rai and others Vs. Ismail Mia...... also rejected as explanation for the delay was not found to be satisfactory. The appellate Court upheld that order. It held that die defendant did not explain each day's delay and the failure of the law clerk to inform the Government pleader about the next date of hearing was not sufficient ground ..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 ...... aside the order of conviction and sentence, the High Court Division could not lawfully uphold the order of confiscation of the seized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported......nt January 18th, 1993. Lawyers Involved: Md. Korban Ali, Advocate, instructed by Md. Aflab Hossain, Advocate-on-Record-For the Appellant. Shamsul Alam, Deputy Attorney‑General ,instructed by A W Mallik, Advocate-on-Record-For the Respondent. Crim......Tribunal. Now that the order of conviction and sentence was set aside by the High Court Division and the appellant and others were acquitted of the charges, the question is under what provision of law an order of confiscation of the seized goods could be maintained Was the order of confisc..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
.... 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 ...... consent of the President he has, however, expressed his concern for the consequences that may follow from the finding that the circular dated June 4, 1981 was passed without lawful authority, as, according to him, several orders have been made by the department on the basis of that order. We do...... Vs. Abdul Motaleb Dewan and ors ……………………….Respondents Judgment April 20th, 1993. Cases Referred to- Shyamlal Vs. State of UP AIR 1954 SC 369; State of Bombay Vs. Saubbagchand AIR 1957 SC ......2 respectively). Judgment: MH Rahman J.- Leave was granted in these two appeals for determination of a common question of law, namely, whether the respondent Government Servants in CA No. 74 of 1992 and CA No. 32 of 1993 ..Category: Administrative Law | Date: | Hits: 114
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......29/92) Shaheed Alam, Advocate, instructed by Md. Sajjadul Haq, Advocate-on-record-For the Respondents (In CA No.28/29 & Appellants in CA No. 29192). A Wadud Bhuiyan, Additional Attorney-General- Amicus curiae. Civil Appeal No. 28 of 1992 & Civil Appeal No. 29 1992. ......e state of construction justifying issuance of the 4th cheque was against office discipline. We do not find the charge as vague. The delinquent, being the Law‑Officer, was conversant with the law applicable in his case. 9. Neither before the Inquiry Officer, nor in his reply to the ..Category: Administrative Law | Date: | Hits: 100
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....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 ...... discharging an accused or orders taking cognizance of the offence complained of) are parts of an integral whole which may end with a definite Judgment after an inquiry or a trial, or earlier according to the exigencies of the situation obtaining at a particular stage, and which involves, ......sp; Vs. Abdul Kader and other............................Respondents Judgment May 8th, 1991. Cases Referred to- ILR 33 Cal. 30; ILR 43 Cal. 1152=AIR 1917 Cal. 593; AIR 1941 Cal 263; Haji Abdus Samad ......ts of the case, briefly, are that the appellant lodged an FIR with the Panchlaish Police Station on 10.8.75 alleging that on the day before, respondent No. 1 Abdul Quader and others by forming an unlawful assembly forcibly trespassed into his house and assaulted him and other inmates of the hous..Category: Criminal Law | Date: | Hits: 40
Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)
....sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......eerul Islam, Advocate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate-on- Record - For the Petitioner. Not Represented –The Respondents. Civil Petition for Leave to Appeal No. 355 of 1989. (From the Judgment and order dated 6.6.89 passed by the High Cour......ion previous good service of an employee before awarding him punishment and observed that it was purely a matter of discretion of the employer. We, therefore, find no violation of any provision of law in High Court Division's order restoring the petitioner's dismissal from service. The petition ..Category: Labour and Industrial Law | Date: | Hits: 79
12301229122812271226122512241221121912181217121512131212121112101209120812071206