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Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....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......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 ..Category: Criminal Law | Date: | Hits: 41
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....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 ......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. ..Category: Procedural Law | Date: | Hits: 110
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....-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......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...Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....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......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. ..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....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......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. ..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....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, ......shu Mia. 7. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the appellant has tried to argue that the Magistrate ought to have looked into the various processes by which the decision of the Government was arrived at. We think that, that is not the function of the Magistrate. The Magistrate..Category: Criminal Law | Date: | Hits: 43
....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......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...
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....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......31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
.... 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......elling reasons calling for an action under this rule, apart from other question of jurisdiction. 9. If I turn to facts as have transpired from the materials on record, I find that the Respondent, Government of Bangladesh entered into a contract of carriage of wheat from foreign countries to Ba..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....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......ng certain pucca constructions, and on payment of rents along with his co-sharer tenants to the landlord and thereafter to the Government after the acquisition of the rent-receiving interest by the Government. Preparation of record of rights was started under the provisions of the East Bengal St..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....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. ...... 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)
.... 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......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. ..Category: Labour and Industrial Law | Date: | Hits: 77
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....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......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...Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....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......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
Md. Golam Rabbani and another Vs. Hon’ble Judges of the High Court Division & anr, 1978, 7 CLC (AD)
.... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ...... judgment was made shall only be mentioned in the petition. It will be for the Court to decide to whom the notice will be served. In this view the name of the Respondent No.1 is struck off. Since Government has been made a party on its prayer for adding it in the proceeding its name as Responden..Category: Others | Date: | Hits: 84
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
.... 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......l Bin Matnur………..Respondent (In Criminal Appeal No. 7 of 1978) Judgment March 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others V..Category: Criminal Law | Date: | Hits: 95
....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 ......luddin Hossain CJ
Fazle Munim J
Ruhul Islam J
KM Subhan J
Kazi Mokarram Hossain……..……Petitioner
Vs.
Secretary, Ministry of Cabinet Affairs, Establishment Division, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
..
Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....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 ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....ssain, J.- In this appeal the detenu Abdul Latif Mirza, has unsuccessfully challenged his detention by a writ petition under Article 102 of the Constitution. The Deputy Commissioner of Pabna by his order dated 22-4-74, under section 3 of the Special Powers Act detained him for a period of thirty d......ellate Division (Criminal) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Latif Mirza..............Appellant Vs. Government of Bangladesh and other..............Respondents Judgment September 2, 1977. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....hile he was moving in a green jeep towards the Pabna Police Station via Hamid Road, two gun-shots were fired from eastern side of the road from a building known as Gulbag Hotel, injuring Nurul Islam, orderly of the Deputy Commissioner, and a constable Md. Solaiman Ali, both of whom were in the jeep....... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
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