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Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......d without any lawful authority and the order passed by the prescribed authority in consequence of the resolution is of no legal effect……….(13) Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Appellant. Zinnur Ahmed, Advoc......s passed without any lawful authority and the order passed by the prescribed authority in consequence of the resolution is of no legal effect……….(13) Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Appellant. Zinnur Ahmed...... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ....... 349; Spillers Limited vs. Cardiff (Borough) Assessment Committee and Pritchard (1931) 2 K. B. 21; Aziz Ahmed Vs. Nazir Ahmed I.L.R. 50 Allahabad 257. Lawyers Involved: M.H. Khondker, Senior Advocate instructed by B.C. Panday, Advocate-on-Record—For the appellants. Faqeer Shahabuddin A......d. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......erical mistakes. The discretion, if any, should be exercised judiciously. The discretion in this case not being exercised judiciously, cannot be sustained. Lawyers Involved: Abdus Salam, Senior Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Appellant. Md. Abdur Rahim, Ad......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......reasons, the order is not immune from attack being violative of the principle of natural Justice…………(9) Case Referred to- 31 DLR (AD) 33. Lawyers Involved: Rafique-ul-Huq. Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Abdur Rab-I, Advoca......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......dispute is whether a property is waqf or not. This question will have to be decided by the Waqf Administrator within a reasonable time……………. (16) Lawyers Involved: Ahmedur Rahman Khan, Advocate, instructed by S.S. Hoda, Advocate-on-Record—For the Appellants. Aminul Huq, Advocat......on is attracted when dispute is whether a property is waqf or not. This question will have to be decided by the Waqf Administrator within a reasonable time……………. (16) Lawyers Involved: Ahmedur Rahman Khan, Advocate, instructed by S.S. Hoda, Advocate-on-Record—For the Appellants. ......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......offence suo moto or upon receipt of a complaint other than a Police report by a competent officer or in the course of hearing of a revisional application. Lawyers Involved: Abdul Wadud Khandker, Advocate with Habibul Islam Bhuiyan, Advocate instructed by S.M. Huq, Advocate-on-Record—For the A......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......der section 27 of the Act while exercising the Jurisdiction under section 435 of the Code by the Session Judge has been held to be illegal………….(5) Lawyers Involved: Abdul Wadud Khondker, Advocate, with Habibul Islam Bhuiyan, Advocate, instructed by S. M. Haq, Advocate on-Record—For th......erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ..Category: Criminal Law | Date: | Hits: 63
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 ......that the property is enemy property. Having failed to discharge the burden of proof of declaring the property as Enemy Property, was without Jurisdiction. Lawyers Involved: M.H. Khandker, Senior Advocate, instructed by B.C. Panday, Advocate-on Record —For the Appellants. Anwarul Huq Chow......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)
....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 ......3 Ch. D. 62; Akhtar Hossain Khan Vs. The State (1977) 29 DLR (SC) 101. Lawyers Involved: K.A. Bakr, Attorney-General (A.W. Bhuiyan, Asstt. Attorney-General with him) instructed by S.S. Hoda, Advocate-on-Record—For the appellant in both the appeals. Aminul Huq, Advocate-on-Record—For ......uhul Islam, J. Cases Referred to- Garden Vs. Lucus, 1878/3 App. Cas, 582 at 603; 29 DLR (134) 145; Kinlay v. Draper, 186:5 LR 3 QBD 160 at 163; AIR 1938 Rangoon 160; 28 DLR 187; Emperor v. Nazir Ahmed, AIR 1945 PC 18 at p. 22; West Bengal v. S.N. Basak, AIR 1963 SC 447; Uttar Pradesh v. Md. Nai......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 Vs. Ventura Industries Ltd.....................Respondent Judgment August 19, 1993. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Petitioner. Rafiqu......he 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 ...... Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-Record–For the Appellant. Md. Fazlul Karim......ellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Sublian J. Yusuf .............................Appellant Vs. Mofzal Ahmed Sowdagar............................Respondent Judgment March 16th, 1979 ......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 ......hers .........................Accused-Appellants Vs. State ..........................Respondent Judgment May 10th, 1993 Lawyers Involved: Shahidul Islam, Advocate, (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record-For th......leased their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......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 ......um Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94; Sunder Singh Vs. Managing Committee, 1938 AIR (PC) 73 & Deo Kuer Vs. Sheo Prasad AIR 1966 SC 369. Lawyers Involved: BN Chowdhury, Advocate, instructed by Abdur Rab-II. Advocate-on-Record-For the Appellant. SM Huq Advocate...... Lawyers Involved: BN Chowdhury, Advocate, instructed by Abdur Rab-II. Advocate-on-Record-For the Appellant. SM Huq Advocate-on-Record-For the Respondent No. 1. Syed Ishtiaq Ahmed, Senior Advocate-Amicus Curiae. Civil Appeal 103 of 1977 from CR 1126 of 1974. ...... 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 ..............Appellants Vs. Mokhlesur Rahman and others.........................Respondents Judgment January 15th, 1980. Lawyers Involved: Abdus Salam, Senior Advocate, instructed by BC Panday, Advocate-on-Record-For the Appellants. Rafiqur Rahman, S......th, 1980. Lawyers Involved: Abdus Salam, Senior Advocate, instructed by BC Panday, Advocate-on-Record-For the Appellants. Rafiqur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record-For the Respondent Nos. 1-6. CA 109 of 1979 from CR 174 of 1977. ......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)
....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. ..............Appellant Vs. Al‑Haj Abdus Sobhan Sawdagar Wakf Estate and another ....................Respondents Judgment January 22, 1992. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, S K Shaha, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For ......s 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 ...........Petitioner [In CP No. 107 of 1993] Vs. Golden Biscuit Co....................Respondent [In both cases] Judgment May 20th, 1993. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record-For the Petitioner. (In both the c......ing 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 ...........................Respondents Judgment May 25, 1992. Case Referred to- Bangladesh Vs. Jaferuddin, 1986 BLD (AD) 180. Lawyers Involved: TH Khan, Senior Advocate (MA Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Reco......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 ......nbsp; Abdus Sobhan, with Additional Attorney-General, instructed by MR. Khan, Advocate-on- Record-For the Appellant. Khondker Mahbubuddin Ahmed, Advocate instructed......sp; Abdus Sobhan, with Additional Attorney-General, instructed by MR. Khan, Advocate-on- Record-For the Appellant. Khondker Mahbubuddin Ahmed, Advocate instructed by Shafiqur Rahman, Advocate-on- Record-For the Respondents. ......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 ...........................Petitioner Vs. Bangladesh and others .........................Respondents Judgment August 11th, 1992. Lawyers Involved: Abdur Rab-I, Advocate-On-Record-For the Petitioner. Not Represented-The Respondents. Civil P......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 ..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 .................Respondent Judgment July 21st, 1980. Case Refered to- Begu and others Vs. Emperor, 26 CrLJ (PC) 1050. Lawyers Involved: Abdul Baset Majumder, Advocate-on-Record-For the Appellants Md. Moksudur Rahman, Deputy Attorney-General......Supreme Court Appellate Division (Criminal) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J. Kalu and another........ .....Appellants &nbs...... 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