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Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....different way, clearly thereby some transactions are to be sued for and enforced according to new form of procedure. Alterations with form of procedure are always retrospective unless there is some good reasons or other why they should not be". 9. It was observed that "if a statute deals merely......0 provides for filing of appeal in the High Court from a conviction in a case tried by Sessions Judge or Additional Sessions Judges. Section 435 provides for the power of the High Court to call for record of interior Criminal Courts. Section 438(1) provides that the Sessions Judge or District Ma......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 ..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 ......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 ..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 ......ulty to show that there was any application made by the interrogating party for the exercise of the power of striking out the defence. He however says that though there is no written application on record it should be implied that there was an oral application. In such a drastic action, the quest......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 ..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 ...... it to Bogra town for which he was to be paid Tk. 25.00 as his carrying charge. A first information report was lodged, the machine was seized and accused Shafi was produced before a Magistrate who recorded his confessional statement implicating himself and these three persons in the crime. In du......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 ..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 ...... of a similar decision taken by the Patna High Court. We are in respectful agreement with the decision of the Indian Supreme Court. 12. Before we part with this case we would like to put on record our appreciation of the exhaustive argument of the learned Counsel, Mr. Syed Ishtiaq Ahmed....... 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 ..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 ......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 ..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)
....does not appear to have adverted to these findings at all. Consequently, the reversal of the two Courts' Judgment in revisions without any legal foundation. 14. Mr. Asraful Hossain has devoted a good part of his arguments mainly on the High Court Division's penultimate order directing the trial......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. ..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 ......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 ..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 ...... them when they came immediately after the occurrence, (b) statements of the witnesses under section 162 Cr.P.C. were not given to the accused; (c) The evidence of P.W. 12 shows that the statements recorded under section 161 Cr.P.C. had been lost, (d) the petitioners had already suffered impriso......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 ..Category: Criminal Law | Date: | Hits: 48
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......ion No. 903 of 1992 the petitioner unsuccessfully challenged the Government's decision dated August 26th, 1991 to liquidate Bangladesh Consumers Supplies Co Ltd (respondent No. 5) and terminate the services of the petitioner and other employees of respondent No. 5 on payment of six months' salari..Category: Business or Commercial Law | Date: | Hits: 104
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 ...... 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 ..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
.... presence at the scene of occurrence cannot be doubted and their evidence is consistent with the surrounding circumstances and probabilities of the case and strikes the Court to be true it can be a good foundation for conviction. The High Court Division derived an inference from the suggestion m......o Police Station Kalia at about 12 noon when P.W. 1 Ekramul Huq (Tuku) accompanied by P.W. 2 Pilu and P.W. 5 Tulu lodged an FIR (marked Ext. 4(l) with objection) with him at 12‑30 PM which he recorded on the dictation of P.W. 1. He came back to the Police Station immediately thereafter, pr......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 ..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......nd the matter is brought to the court, the question for consideration should whether there was any malafide or lack of proper consideration in the transaction. In the instant case there is nothing on record to show, that the Bank had acted malafide or imprudently in the matter. Rather from the facts......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..Category: Banking Law | Date: | Hits: 142
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 ......f PO 16 of 1972 and the same sale deed in question having got presumption of validity, the property could be taken over as an abandoned property under Article 2 of PO 16 of 1972. 6. From the record it appears that the case was filed by the appellant before the Court of Settlement on 10.1.8...... 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 ..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 ...... of the High Court (vide 13 DLR Dhaka 414) that it is desirable that a case and a counter-case in respect of the same occurrence should be tried simultaneously by the same judge keeping the record of the two cases distinct and separate. The advantage of a simultaneous trial is that it gi......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..Category: Criminal Law | Date: | Hits: 40
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... 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 ...... 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 ......g the transferee, if one of them, and the tenants holding land contiguous to the land transferred may, within the period referred to in sub‑section (1) or within two months of the date of the service of the notice of the application under clause (b) of sub‑section (3), whichever be ea..Category: Property Law | Date: | Hits: 72
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....ho took the rent from him and granted the dakhila. P.W. 15 as a colleague of the respondent was quite competent to prove his writing and initial even after the expiry of few years. There can be no good reason to discard the evidence of P.W.s 3 and 15. 11. Conceding for a moment that the d...... from different tenants by granting 411 rent receipts during the period from 1.10.61 to 9.9.62 but did not deposit the amount to the Government treasury nor did he enter the receipts in the office records and registers and thereby misappropriated the said amount for personal gain. The respondent......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 ..Category: Criminal Law | Date: | Hits: 41
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....heir trade unions along professional lines and what is more, obtained registration from the Registrar and have been acting as Collective Bargaining Agents for a long period. There may well be very good pragmatic reasons for allowing them to do so, but was their registration fully in accord with t....... 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 ......dinance, 1969. The Registrar ordered that henceforth there will be two establishments in the Biman taking into account its running along commercial lines and in keeping with the characteristics of services rendered by its employees, namely, (i) Bangladesh Biman Ground Services and (ii) Banglades..Category: Labour and Industrial Law | Date: | Hits: 103
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