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Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
.... "In any person having sufficient means neglects or refuses, to maintain his wife or his legitimate or illegitimate child unable to maintain itself the District Magistrate, a Sub-Divisional Magistrate or a Magistrate of the first class may, upon proof of such neglect or refusa......0 69 passed in Criminal Revision No. 813 of 1968. Judgment: Ahsanuddin Chowdhury J.-This appeal by Special Leave is against a judgment of the erstwhile High Court of East Pakistan which set aside an......tenance to her and to the children. So, he awarded maintenance at the rate of Rs. 100/- per mensem to Begum Hamida and to each of her children. Against this order the respondent moved the Sessions Judge under section 438 of the Code of Criminal Procedure for making a reference to the High C..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. ......inul Hosein, Advocate, Jainul Abedin, Advocate, K.S. Nabi, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Respondents. Criminal Appeal No. 11 of 1973, with Petition for Special Leave to Appeal No. 58 of 1973. (On appeal from the judgment and order dated 31st ......e case before the Sub-divisional Magistrate who passed similar orders of remand. After making unsuccessful attempts to obtain bail from the Sub-divisional Magistrate, A.T. Mridha moved the Sessions Judge of Khulna who also rejected the prayer for bail on 14-12-72. Thereafter on 22-12-72 he filed ..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......hmed, Senior Advocate with Syed Mohammad Ali, Advocate (Instructed by A.W. Mian, Advocate-on-Record)—For the petitioners. Not represented—For the Respondent. Petition for Special Leave to Appeal Nos. 47 & 48 of 1973 (Against the judgment and orders of the Hi......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
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. ...... Manzoorul Ahsan, Advocate, Supreme Court instructed by A W Mian, Advocate-on-Record —For the Petitioners. None—For the Respondents. Petition for Special Leave to Appeal No. 45 of 1973. (Against the judgment and order of the High Cou......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. ..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. ......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. ...... Sayem CJ.- This appeal arises out of an application under section 34 of the Arbitration Act of 1946 in a Money Suit pending in the 3rd Court of the Subordinate Judge at Chittagong. 2. The suit was instituted by the erstwhile Province of East Pak..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. ......rise out of two separate orders of a Bench of the High Court Division directing release of the respondents on bail, pending disposal of an appeal by the Government against their acquittal by a Special Tribunal appointed under article 5 of the Bangladesh Collaborators (Special Tribunals)......on, they were set at liberty. Subsequently, however, the Government preferred such an appeal to the High Court Division of this Court. While admitting the said appeal for hearing, the learned Judges directed arrest of all the seven respondents; and except Emdadul Hoque, the rest were f..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 ......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 ...... 16 July, 1987, passed in Criminal Reference No. 5 of 1985, Criminal Appeal No. 343 of 1985 and Jail Appeal No. 344 of 1985, all of which arose from a judgment and order of the Additional Sessions Judge, Bogra, dated 21 December 1985 in Sessions Case No. 17 of 1984. State is the appellant and th..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......Court Division in Criminal Appeal No. 287 of 1988. dismissing the appeal and upholding the conviction and sentence of the Appellants under sections 302/149 of the Penal Code passed by the Sessions Judge, Kishoreganj, in Sessions Case No. 105 of 1986. 2. The prosecution case is, that on 2..Category: Criminal Law | Date: | Hits: 56
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. ......ng the notification in the Bangladesh Gazette on 30 November 1972 about the respondent's abscondence, the Government did not follow up any investigation or enquiry under the Bangladesh Collaborators (Special Tribunals) Order 1972 (President's Order No. 8 of 1972) against the respondent. Even for his......eace." A reference has also been made to the following observations of Munir, CJ in Federation of Pakistan Vs. Tamizuddin Khan 7 DLR (FC) 1955 291 (330)- "It has been suggested by the learned Judges of the Sind Chief Court and has also been vehemently urged before us that if the view that I ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ...... 2 and others including the petitioner who featured as defendant No. 9 in the suit, being Money Suit No. 528 of 1990, the judgment and decree of which was passed on 31.3.91 by the learned Subordinate Judge, Artha Rin Adalat No. 3, Dhaka. Section 7 of the Artha Rin Adalat Act, 1990 provides for appea..Category: Civil Law | Date: | Hits: 139
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ...... Shahabuddin Ahmed CJ.- Petition Rupali Bank, filed Money Suit No. 94 of 1989, re‑numbered as Money Suit No. 187 of 1991, in the Court of Subordinate Judge-cum- Commercial Court No. 1, Dhaka, against defendant No. 1, a Private Ltd. Company and its d..Category: Banking Law | Date: | Hits: 106
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ..Category: Property Law | Date: | Hits: 85
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......of 1993) Judgment Mustafa Kamal J.- The accused‑petitioner was being tried for the murder of one Nayek Ali Azam under section 302 of the Penal Code by the First Court of Additional Sessions Judge, Dhaka, in Sessions Case No. 300 of 1992. All the PWs were examined and cross‑examined, two ..Category: Criminal Law | Date: | Hits: 53
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......nbsp; ATM Afzal J.- This appeal by the plaintiff following leave is from Judgment and Decree dated 16 February, 1984, passed by a Single Judge of the High Court Division (at Sylhet) in Second Appeal No. 554 of 1978 allowing the same. ..Category: Property Law | Date: | Hits: 80
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....ase. 6. The three exhibits before the Labour Court were annexed to the appellant's Writ Petition and marked as Annexures C, D and F respectively. Ext. 7, the judgment dated August 13, 1984, of the Divisional Judge, Chittagong, in Special Case No. 233 of 1984 shows, that the employee was acquitted......ore the Labour Court were annexed to the appellant's Writ Petition and marked as Annexures C, D and F respectively. Ext. 7, the judgment dated August 13, 1984, of the Divisional Judge, Chittagong, in Special Case No. 233 of 1984 shows, that the employee was acquitted of the charge under section 409 ......his dismissal and when this fact was known to the Labour Court, the latter seriously erred in law in reinstating the worker in service. 3. While dismissing the Writ Petition summarily, the learned Judges of the High Court Division observed: "It is true that a worker, convicted in a crimin..Category: Labour and Industrial Law | Date: | Hits: 103
Ansaruddin Ahmed Vs. Senior Assistant Judge and Election Tribunal, Barguna & ors, 1994, 23 CLC (AD)
....ecounting the ballots, the High Court Division rightly discharged the Rules Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ......ecounting the ballots, the High Court Division rightly discharged the Rules Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ......man J. Ansaruddin Ahmed ............... Petitioner [In CP No. 194 of 1993] Nasir Miah and others..................Petitioners [In CP No. 193 of 1993] Vs. Senior Assistant Judge and Election Tribunal, Barguna and others .........Respondents [In both the petition] ..Category: Election Law | Date: | Hits: 120
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......possession, they filed the suit in question (Title Suit No. 215 of 1984) for declaration of title and confirmation of possession, etc. The suit was decreed by the trial Court namely, the Assistant Judge, Manikganj, and his decision was upheld by the District Judge. Thereupon defendant No. 5, Add..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......s case an order accepting or rejecting the petition under Order VII rule 11 CPC. 2. Respondent No. 1, Agrani Bank, instituted as plaintiff Mortgage Suit No. 21 of 1990 in the Court of Subordinate Judge and Artha Rin Adalat No.1, Chittagong claiming an amount of Taka 8,89,94,800.22 against the de..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... Criminal Revision No.895 of 1993). Judgment: Mustafa Kamal J.- In this appeal by leave the accused‑appellant is aggrieved by the judgment and order dated 20.6.93 passed by a learned Single Judge of the High Court Division in Criminal Revision No. 895 of 1993 summarily rejecting the revisi..Category: Criminal Law | Date: | Hits: 69
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