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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 ......6 of 1993] Al-Haj Md. Rafique Miah ..................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, Advoc......at if the postal money order is returned undelivered, then only the tenant will make the deposit with the Rent Controller. In this case, the learned Advocate contends, remittance of the rent by Money Order without first approaching the landlord with "personal tender" is not contemplated in law. The ..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 ......d Urban Development and another...............................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......in Money Execution Case No. 22 of 1972. The property was then attached and advertisement was published for its sale in auction. At this stage, the respondent filed Misc. Case No. 174 of 1974 under Order XXI, rule 58 CPC for releasing the property from attachment but their case was dismissed. Pet..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 ...... Vs. Zahir and ors ..............Respondents Judgment November 27th, 1980. Lawyers Involved: &nbs......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 ......Latifur Rahman J. Abu Yousuf .......................Petitioner Vs. Bangladesh and others .........................Respondents Judgment August 11th, 1992. Lawyers Involved: Abdur Rab-I, Advocate-On-Record-For the Petitioner. Not Represente......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 ...... Vs. State ..................................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...... 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
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ...... PLD (SC) 387; Karnail Singh and another Vs. State of Punjab 1954 AIR (SC) 2; Lachhman Singh Vs. State 1952 AIR (SC) 167 & State of UP Vs. Paras Nath Singh and others 1973 AIR (SC) 1073. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advocat......the oral evidence and other attending facts and circumstances of the case and hence no case has been made out for interference of this Division. Accordingly, the appeal is dismissed. Order of the Court By a majority decision the appeal is allowed. The impugned Judgment and o..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......atifur Rahman J New Ideal Engineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16, 1993. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advoca......, Advocate-on-Record-For the Respondent Nos. 1-6. Sharifuddin Chaklader Advocate-on-Record-For the Respondent No. 8. Civil Petition for Leave to Appeal No. 27 of 1993. (From the Judgment and Order dated 7.12.92 and 9.12.92 passed by the High Court Division Dhaka in Writ Petition No. 1625 of..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......ip;……..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January 21st, 1993. Lawyers Involved: Abdur Rab 1, Advocate-on-Record-For the Appellant M Shamsul...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ..Category: Property Law | Date: | Hits: 63
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......ors………………….Appellants Vs. State ................................Respondents Judgment November 19th, 1992. Lawyers Involved: Abdul Malek, Sr. Advocate, (Zamiruddin Ahmed, Advocate with him) instructe......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..Category: Criminal Law | Date: | Hits: 40
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......khter Hossain and others (in all the Appeals) ............. Appellant Vs. Sayera Khatoon...............................Respondent Judgment December 7th, 1992. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. (In all the appeals)....... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ..Category: Property Law | Date: | Hits: 72
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......lip;………..Appellant Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan…………......Respondent Judgment May 25th, 1993. Lawyers Involved: &nb......the Appellant. Abdus Sobhan, Advocate, Supreme Court, instructed by Ataul Haque, Advocate-on-Record -For the Respondent. Criminal Appeal No. 15 of 1990. (From the Judgment and Order dated 12 January, 1986 passed by the High Court Division, Barisal Bench in Criminal Appeal No..Category: Criminal Law | Date: | Hits: 41
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......s ….........................Respondents [In CA No. 18. of 1993] Judgment August 18th, 1993. Case Referred to- Asaduzzarnan Vs. Bangladesh 42 DLR (AD) 144; Lawyers Involved: Rafique-ul-Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocat...... therefore there can be no parity of application of the two sections. Article 27 of the Constitution has not been violated at all. 23. The High Court Division has struck down the Registrar's Order dated 2.5.90 on the ground that in the Order, it did not appear that there was any doubt or ..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ...... Munshi Vs. Lodu Mia 38 DLR (AD) (1986) 308; Nur Mohammad Vs. Ashraf Ali 39 DLR 325 and Parimal Majumdar Vs. A Sobhan, same volume 352; AIR 1953(SC) 73 (M/S I & M Ltd. Vs. Pheroze Fram roze). Lawyers Involved: N H Khandkar, Advocate-on-Record- For the Appellants. Akram Hossain Amin, Ad......on-Record- For the Appellants. Akram Hossain Amin, Advocate-on -Record- For the Respondent No. 1. Not Represented -Respondent Nos. 2-5. Civil Appeal No. 52 of 1992. (From the Judgment and Order dated 17 November, 1991 passed by the High Court Division, Dhaka in Civil Order No. 7174 of 19..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......tee-Respondents Judgment April 21st, 1993. Cases Referred to- Ahmed Hossain Vs. Basharat Ali 32 DLR (AD) 54; Hazi Tozambar Ali Vs. Abdus Sattar 34 DLR (AD) 217. Lawyers Involved: TH Khan, Senior Advocate, Supreme Court, (MA Wahhab Miah, Advocate with hi......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......lla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents Judgment March 29th, 1993. Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah, Advocate with him) instructed b......vocate, instructed by Md. Aftab Hossain, Advocate-on-record -For Respondent No. 5. Ex parte - Respondent Nos. 1-4, 6 and 8. Civil Appeal No. 34 of 1992. (From the Judgment and Order dated 4.5.92 passed by the Hich Court Division in Writ Petition No 1454 of 19921) Jud..Category: Election Law | Date: | Hits: 106
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......D) 371, Bangladesh Vs. Jaheruddin 1986 BLD (AD) 180(182), Mst. Nurjahan Begum Vs. Giri Gopal Sarker 1979 BSCR (Vol. 3) 400 and Mst. Sanatannessa Bewa Vs. Baipatullah Sarker & ors. 1989 BLD (AD) 1. Lawyers Involved: SR Paul, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-On-Reco...... for hearing, on the Government pleader's application the hearing was adjourned to February 29, 1984. On that date none appeared for the Government and suit was decreed ex parte. An application under Order IX, rule 13 of the Code of Civil Procedure was filed belatedly with an application for condona..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ...... Mustafa Kamal J Latifur Rahman J Sompong.............Accused-Appellant Vs. State …..............Respondent Judgment January 18th, 1993. Lawyers Involved: Md. Korban Ali, Advocate, instructed by Md. Aflab Hossain, Advocate-on-Rec......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
.... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ......angachari Vs. Secretary of State AIR 1937 PC 27; Krishna Kumar Vs. Divisional Asstt. Electrical Engineer, Central Rly. AIR 1979 (SC) 1912; State of UP Vs. Ram Naresh AIR 1970 SC 1263 (1265). Lawyers Involved: AW Bhuiyan, Additional Attorney‑General (B. Hossain, Deputy Attorney......dvocate-on-Record- For the Respondent No. 1. Not Represented - Respondent Nos. 2‑4. Civil Appeal No. 74 of 1992 & Civil Appeal No. 32 of 1993. (From the Judgment and Order dated 28th May, 1992 and 11th August 1992 passed by the High Court Division in Administrative..Category: Administrative Law | Date: | Hits: 114
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ...... Quazi Nazrul Islam................………………………….Respondent (In CA No. 29/92) Judgment April 22nd, 1993. Lawyers Involved: Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocat......Regulation 27(l) (e) of the Corporation's Service Regulations 1985 the Law‑Officer was found guilty. After serving a second show cause notice he was retired compulsorily by the Corporation's Order dated July 18, 1988. 3. After failing to get that order reviewed departmentally the L..Category: Administrative Law | Date: | Hits: 100
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......l AIR 1979 (SC) 777; & AIR 1934 Md. 175; AIR 1948 All 184 (FB) AIR 1921 Pat 302; AIR 1941 (Bom) 294 JD Boywalla Vs. Sorab Rustomji Engineer & Abdur Rahman Vs. State 29 DLR (SC) 256. Lawyers Involved: A Basel Majumder, Advocate-on-Record –For the Appellant. AF ......ort submitted by the Police Officer after investigation and continues the proceedin8 against the accused on the basis of narazi petition or suo‑motu ordering enquiry or examining witnesses. Orders passed by Magistrate in respect of a case initiated on basis of an FIR lodged by an informa..Category: Criminal Law | Date: | Hits: 40