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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 dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ....... On appellants own showing he has made a transfer of land apparently before his own settlement 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 Invo..

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 ma­jority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......e proceeding of the suit including passing of a decree a nullity even if it is found that such non compliance has not …..tually prejudiced the defence of the minors in any way. It is clear that the order of remand would serve no purpose except to allow undergoing a formal ritual of the observance ..

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 al­lowed 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. ...... the gazette notification being made. The name of the appellant was published in the Official Gazette on 12 May 1988 but the appel­lant could not take me oath as required under the law because of an order of stay obtained in the writ petition. 3. As regards the dispute as to whether the appellan..

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 Govern­ment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......ment and Order dated 7.8.85 passed by the High Court Division, Sylhet in Crim­inal Appeal No. 7(C) of 1982). Judgment ATM Afzal J.-This petition for leave to appeal by the informant is from an order of acquit­tal passed by the High Court Division, Sylhet Bench, in appeal acquitting the respo..

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. ......petitioner and Mr. Asrarul Hossain, learned Counsel for the respondent. The learned Counsel for the petitioner has failed to show us any provision of law under which this Court is empow­ered to make order for transfer as prayed for, but he has referred to a case which was some time ago transferred ..

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 con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......-Record —For Respondent No.1. No one for Respondent No. 2. Criminal Appeal No. 8 of 1987. Judgment ATM Afzal J.-This appeal by special leave by the four (4) accused-appellants is from order dated 17 June, 1987 passed by the High Court Divi­sion, Dhaka rejecting summarily their appli..

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 pro­tection 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. ......f the Penal Code but they are not guilty sections 302/34 of the Penal Code………………(16 & 18) The Penal Code, 1860 (XLV of 1860), section 99 Though victim Afzal was restrained by an order of injunction at the instance of the appellant Mir Ali but he violated the said order by sowin..

Category: Criminal Law | Date: | Hits: 105

Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)

....t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......arte.—Respondent Nos. 2—24. Civil Appeal No. 9 of 1988. Judgment Shahabuddin Ahmed J.- In this appeal by special leave, Pre-emptees are the appellants. The question raised is whether the order of pre-emption against them, as finally upheld by the High Court Division in revision, is sust..

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. ......ondents on the basis of a memorandum received from the Superintend­ent of Police. On the basis of the said applica­tion the Magistrate discharged the respond­ents under section 494, Cr.P.C. by his order dated 28-9-73. Against this order of the Magis­trate the appellant moved the Sessions Judge, ..

Category: Criminal Law | Date: | Hits: 43

Managing Com­mittee N.M.C. Model High School & ors. Vs. Obaidur Rahman Chowdhury & others, 1978, 7 CLC (AD)

....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.......2, rule 2 of the Code and whether the prayer changed the nature and character of the suit. The Courts below have consistently turned down the contention of the defendants. 3. Turning to the leave order we find that it is now well settled that the amendment of the pleadings could be allowed at an..

Category: Property Law | Date: | Hits: 36

Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)

....he post as in the three cases hereinbefore men­tioned, the termination of his service will by itself be a punishment and he will be entitled to the protection of Art. 311. In other words and broadly speaking, Art. 311(2) will apply to those cases where the Government Ser­vant had not been employed......vocate-on-Record - For the Res­pondent. Civil Appeal No. 23 of 1977 (From Petition No. 254 of 1973) Judgment Mahmud Husain CJ.- This appeal by special leave is against the judgment and order of a Bench of the High Court Division passed in an application filed by the respondent under A..

Category: Employment/Service Law | Date: | Hits: 66

Unimarine S. A. Pa­nama 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. ...... 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). Judgment Kemaluddin Hossain J.- This appeal arises out of an interlocutory order under Order 38, rule 5 of the Code of Civil Procedure. Facts briefly stated for the dispos..

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.......ot operate as estoppel against them and accor­dingly dismissed the application for pre-emption. The appellant preferred an appeal and the learned Additional District Judge set aside the judgment and order of the learned Subordinate Judge and allowed the appellants application for pre-emption. As ag..

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. ......al is allowed. The decisions of the High Court as well as that of the First Appellate 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. ..

Category: Property Law | Date: | Hits: 34

P.W.V. Rowe Vs. Chairman Lab­our 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 peti­tion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ...... No. 2. Civil Petition for Special Leave to Appeal No. 143 of 1976 (From Petition No. 460 of 1976) Judgment Debesh Chandra Bhattacharya J.- This petition for special leave is against an order of a Bench of the High Court dismissing summarily an application of the petitioner under Artic..

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 dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......the Pe­nal Code passed by a Bench of the High Court Division on June 25, 1975 on rejecting Death Reference No.1 of 1974 and allowing Criminal Appeal No.663 of 1974 and setting aside the judgment and order dated September 26, 1974 of the Additional Sessions Judge, Faridpur convicting the respondents..

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. ......iqullah, Advocates instructed by Aminul Huq, Advocate-on Record - For Respondents No.1 & 2. Not Represented - Respondent Nos. 3-19. Civil Appeal No. 24 of 1977 (From the judgement and order of the High Court Division dated 5-4-1976 in F.M.A. 96 of 1974) Judgment Ruhul Islam J..

Category: Property Law | Date: | Hits: 32

Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)

....) Ghulam Qadir Khan v. The State PLD 1963 Lahore 32, quashing the proceedings on the pound of delay, ob­served that “abuse of the process of any court, and the Investigation stage” is, generally speaking, outside the purview of the court and rarely involves employment of any Court process. Thei...... A.N.M. Raziul Haque, Shah Abu Nayeem, Advocates instructed by Abu Backkar, Advocate-on-Record - For the Respondents. Criminal Appeal Nos. 6 & 7 of 1978 (Arising out from the judgment and order of the High Court Division dated December 5, 1977 passed in the Criminal Revision No.432 and 4..

Category: Criminal Law | Date: | Hits: 95

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....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. ......iyan, Assistant Attorney-General instructed by M.R. Khan, Advo­cate-on-Record - For the Respondents. Judgment Kemaluddin Hossain CJ.- The petitioner unsuccess­fully challenged his dismissal order passed by the Government under President's Order No. 67 of 1972 and he is now challenging the ..

Category: Employment/Service Law | Date: | Hits: 72

Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)

....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......on-Record - For the Appellant. Altaf Hossain, Advocate instructed by Abdur Rab-II, Advocate-on-Record - For the Respondent. Civil Appeal No. 80 of 1977. (An ap­peal from the judgment and order dated May 27, 1970 passed by the High Court in Writ Petition No.315 of 1967) Judgment ..

Category: Fiscal/Taxation Law | Date: | Hits: 68