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Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
.... ground before us. It is that the trial of the petitioners by the Assistant Sessions Judge was barred by section 403 of the Crl. P.C. in that, earlier, on the same facts, they were tried by a Special Martial Law Court under the Arms Act for unauthorised possession of fire arms but were acquitted. Th......uent trial for robbery will not stand as a bar for former trial for possession of unauthorized arms, even if the offence of robbery alleged to have been committed by the said arms………..(5 & 7) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, Gour Gopal Saha, Advocate (with him), instru......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......tlement was completed. Thus he having parted with the land under proposed settlement, he was not entitled to an order of injunction to maintain his alleged possession……………….(7 & 8) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by A. Baset Majumder, Advocate-on...... Advocate-on-Record-For the Appellant. Kazi Ebadul Hoque, Advocate-on-Record-For Respondent No. 1. Ex-parte.-Respondent Nos. 2 & 3. Civil Appeal No. 62 of 1986. (From the Judgment and Order dated 19 August 1985 passed by the High Court Division, Rangpur Bench in Civil Revision Case N..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained maÂjority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......pt to allow undergoing a formal ritual of the observance of rule 3 of Order 32 of the Code which will have no practical bearing on the adjudication of the matter. …………………(6 & 7) Lawyers Involved: S. R. Pal, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Rec......ga Bejoy Dey & Others.................................Defendant-Respondents Judgment June 6, 1989. Result: Tthe appeal is alÂlowed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXII, rule 3 Though in the suit no court guardian was appointed on behalf of the minor pro..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is alÂlowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ...... 475; Farzand Ali Vs. Province of West Pakistan, PLD 1970 (SC) 98; Md. Mostafa Hossain Vs. Md. Faruque, 40 DLR (AD) 10; University of Mysore Vs. Govinda Rao, AIR 1965 (SC) 491; AIR 1959, Bombay 2. Lawyers Involved: A.W. Bhuiyan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Reco......nior Advocate instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record-For the Respondent No. 1. Respondent Nos. 2—9- Not represented. Civil Appeal No. 39 of 1988. (From the Judgment and Order dated 8 NovemÂber 1988 passed by the High Court Division, Sylhet Bench in Writ Petition No. 1..Category: Election Law | Date: | Hits: 130
Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....r the petitioner was unaware of the leave petition filed by the GovernÂment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......'s Republic of Bangladesh, 1972, Article 103 Leave petition filed by the state being dismissed upon hearing, there is no scope of hearing fresh leave petition at the instance of the informant. Lawyers Involved: M. A. Matin, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For t......ucted by Miah A. Gafur, Advocate-on-Record-For Respondent Nos. 1-5. Not represented.—Respondent No. 6. Criminal Petition for Special Leave to Appeal No. 120 of 1985. (From the Judgment and Order dated 7.8.85 passed by the High Court Division, Sylhet in CrimÂinal Appeal No. 7(C) of 1982)...Category: Criminal Law | Date: | Hits: 41
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......ion. When two suits between the same parties out of same transaction are pending in two courts in different places suit filed later may be stayed till disposal of the earlier one…………..(3) Lawyers Involved: Abu Nasr Md. Gaziul Hoque, Advocate instructed by Md. Aftab Hossain, AdÂvocate......l Hossain, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record- For the Respondent. A. W. Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record. (Under Order XXI, rule-1) Civil Miscellaneous Case No. 1 of 1986. (Transfer) (Arising from Money Sui..Category: Procedural Law | Date: | Hits: 110
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner conÂcerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08....... not been named in the dying declaration. There is apprehension of delay in starting trial of the case for various reasons and on that ground the appellants are granted bail till trial commences. Lawyers Involved: Abu Nasar Md. Gaziul Hoque, Advocate, inÂstructed by Md. Ozair Farooq, Advocat......sain be released on bail to the satisfaction of the Deputy Commissioner conÂcerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the proÂtection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ...... 29 DLR (SC) 246 (249); AIR 1946 PC 45; Samiruddin Ahmed Vs. State, 1988 BLD (AD) 157; (1989) 41 DLR (AD) 129, Abul Farah Vs. Mozammel Huq, 27 DLR 260; Shah Muhammad Vs. Haq Nawaz, 23 DLR (SC) 14. Lawyers Involved: Md. Fazlul Karim with Abdul Malek, Sr. Advocates, instructed by Sharifuddin Cha......s time to have recourse to the proÂtection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....t, the appeal is allowed. The orÂder for pre-emption is set aside and the MiscellaneÂous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......on of section 96 of the State Acquisition and Tenancy Act, disentitling the petitioner to get pre-emption for defect of party in the case pointed out at the earliest opportunity……………(6) Lawyers Involved: M. H. Khondkar, Senior Advocate (A. J. Mohammad Ali, Advocate with him), instru......aside the order and dismissed the pre-Âemption case. This order was challenged in reviÂsion—Civil Revision No. 277 of 1984—and a learned Single Judge of the High Court Division, by the impugned Order dated 24 March 1986, reversed the order of the Appellate Court and restored that of the trial ..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......€¦â€¦â€¦â€¦â€¦Appellant Vs. State and others…..….....Respondents Judgment March 16, 1978. Case Referred to- Bakshu Mian Vs. Govt. of Bangladesh, (1978) 30 DLR (SC) 228. Lawyers Involved: Khondker Mahbuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Recor......vocate, instructed by B.C. Panday, Advocate-on-Record - For the Respondents Nos. 2 & 3. Not represented - Respondent Nos. 4 and 5. Criminal Appeal No. 20 of 1977 (From the Judgment and Order dated 2.9.1975 passed by the High Court Division in Criminal Revision No. 787 of 1974) Jud..Category: Criminal Law | Date: | Hits: 43
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......Das Vs. Amir Khan, AIR 1921 PC 50; Keramat Ali Vs. Muhammad Younus Haji, PLD 1963 (SC) 191=15 DLR (SC) 120; Golam Hafez Meah Vs. Khadem Ali Meah 29 DLR 311; Md. Zahoor Ali Khan's case 11 MIA 468.
Lawyers Involved:
T.H. Khan, Senior Advocate, with Formanullah Khan, Advocate, instructed by A. ...... with Maksudur Rahman, Advocate, instructed by S.M. Huq, Advocate-on-Record - For respondent No.1.
Respondents No.2-4 - Not Represented.
Civil Appeal No. 54 of 1977
(From the Judgment and Order dated 24-6-74 passed by the High Court Division in Civil Order No.470 of 1974).
Judgment
..
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......shaffe Ahmed & another, DLR 1965 SC 63; Parshotam Lal Dhingra v. Union of India, PLD 1958 SC (India) 217; Hartwell Precott Singh v. The Utter Pradesh Government & others, AIR 1957 SC 886. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assista......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. PaÂnama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ...... Bangladesh...........Respondent Judgment August 15, 1977. Cases Referred To- Shamsul Hada Vs. Mozammel Huq (1975) 27 DLR 256; Premraj Vs. Maneck Gazi, AIR, 1971 Calcutta 156. Lawyers Involved: S.R. Pal, Senior Advocate, with M. Maiqfizullah and Nurul Islam, Advocates ins......Deputy Attorney-General and A. Wadud Bhuiyan, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record - For the Respondent. Civil Appeal No. 109 of 1977 (From the Judgment and Order dated 16-6-77 passed by the High Court in F.M.A. No.219 of 1977 with C.R. No. 639 (FM) of 1977..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......2; N.S. Venkatagiri Ayyangar & another Vs. The Hindu Religions Endowments Board, Madras, 53 CWN (PC) 458; Ramjan Khan @ Ramjan Ali Khan Vs. Obaidul Huq Chowdhury & others, 28 DLR (AD) 57. Lawyers Involved: M.H. Khandokar, Senior Advocate, instrucÂted by S.M. Huq, Advocate-on-Record ...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123...Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......ber 6, 1978. Result: The appeal is allowed. Cases Referred to- Muhammad Meherali Mondal Vs. Muhammad Karim Ali Sarkar (1965) 17 DLR 365; Abdur Rahman Vs. Baser Ali (1969) 21 DLR 99. Lawyers Involved: M.A. Rouf, Advocate, instructed by Md. Giasuddin Bhuiyan, Advocate-on-Record -...... M.A. Rouf, Advocate, instructed by Md. Giasuddin Bhuiyan, Advocate-on-Record - For the Appellant. Not Represented – the Respondents. Civil Appeal No. 18 of 1978 (From the Judgment and Order dated 22-04-1977 passed by the High Court in Civil Revision Case No.1445 of 1975) Judgment..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman LabÂour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petiÂtion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ....... Chairman LabÂour Court, Chittagong…………...Respondents Judgment January 14, 1977. Case Referred To- National Engineering Industries Ltd. Vs. Hamman, AIR 1968 (SC) 33. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with A.Y. Salehuzzaman, Advocate, instruc...... No.2, an employee of the Company, of which the petitioner is the Chairman and ManagÂing Director, made by the Labour Court of Chittagong under section 23(1)(b) of the Employment of Labour (Standing Orders) Act, 1965, was challenged. 2. Respondent No.2 appears to have gone on leave for a period..Category: Labour and Industrial Law | Date: | Hits: 77
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disÂposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......(In Criminal Appeal No. 8 of 1977) State...........Appellant Vs. Fagu Matbar & others…………..Respondent (In Criminal ApÂpeal No. 9 of 1977) Judgment March 22, 1978. Lawyers Involved: Shafiqur Rahman, Advocate, instructed by A. Backkar, Advocate-on-Record - For ......te-on-Record - For the Appellant (In Criminal Appeal No.9 of 1977). Abul Kashem, Advocate - For the ResponÂdents No.1 and 3-7. Criminal Appeal Nos. 8 and 9 of 1977 (From the Judgment and Order dated 25-6-1975 passed by the High Court Division in Death Reference No.1 of 1974 and Criminal..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......epai (1961) 13 DLR 323; Syed Abdul Karim Vs. Harendra Chandra Dhupi (1962) 14 DLR 847; 17 DLR 618; 19 DLR 659; 21 DLR 647; 22 DLR 64; 26 DLR 93; 21 DLR (AD) 5; 38 CWN 288; 38 CWN 654; 43 CWN 200. Lawyers Involved: M. H. Khondker, Senior Advocate with Shafiqur Rahman, Advocate, Instructed by ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......17 DLR (SC) 153; Fazle Karim Vs. The State, PLD 1957 (WP) Lahore 857; Ghulam Qadir Khan Vs. The State, PLD 1963 Lahore 32; AIR 1938 Mad, 129; Raja Hoq Newaz Vs. Mohd. Afzal (1967) 19 DLR (SC) 369. Lawyers Involved: K.A., Bakr, Attorney-General with Abdul Wadud Bhuiyan, Assistant Attorney-Gene......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......¦..……Petitioner
Vs.
Secretary, MinisÂtry of Cabinet Affairs, EstablisÂhment Division, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
Lawyers Involved:
Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday......R. Khan, AdvoÂcate-on-Record - For the Respondents.
Judgment
Kemaluddin Hossain CJ.- The petitioner unsuccessÂfully challenged his dismissal order passed by the Government under President's Order No. 67 of 1972 and he is now challenging the order of the High Court.
2. Facts as set out ..
Category: Employment/Service Law | Date: | Hits: 72
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