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M. A. Hai Vs. Trading Corpo­ration of Bangla­desh, Dacca, 1977, 6 CLC (AD)

.... 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. ......the enquiry officer but in inflicting higher punishment not recommended, the appointing authority is expected to assign some reasons for coming to such a decision. Even in case of giving reasons, the order is not immune from attack being violative of the principle of natural Justice…………(9) ......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)

..... This Case is also Reported in: 32 DLR (AD) (1980) 39 ......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 ......ro­perty, time and manner in which the enrol­ment is to be made. In this context, section 50 authorises the administrator to decide the question whether a particular property is waqf or not and the order made by the Adminis­trator under  this  section is subject to chal­lenge by the  District......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)

....5 ......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 ......). Judgment: Fazle Munim, J.- This appeal arises from a judgment of a Division Bench of the High Court which summarily rejected the Writ Petition No. 53 of 1977. It concerns the legality of an order of the Sessions Judge and Special Tribunal No. 1, Sylhet, who took cognizance of offences unde......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)

....igh 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 ......”For the Appel­lant. Abdus Sobhan, Additional Attorney-General, instructed by M.R, Khan, Advocate-on-Record — For the Respondents. Criminal Appeal No. 29 of 1978. (From the Judgment and order dated 13-10-77 passed by the High Court Division in Writ Petition No. 792 of 1977). Judgmen......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)

..... 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 ...... passed by the High Court Division in Writ Petition No. 614 of 1976.) Judgment:     K. Hossain, C J.—This appeal arises out of a writ petition wherein the appellants attempted to get an order of the Enemy Pro­perty authority declared as without lawful authority but had not succeeded. ......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)

....o Reported in: 32 DLR (AD) (1980) 1 ......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 ......oyeem, Advocates with him) instructed by Aminul Huq, Advocate-on-Record—For the respondent (In Appeal No. 10 of 1978). Criminal Appeal Nos. 9. and 10 of 1973 (On appeal from the judgment and order of the High Court Division passed in Criminal Revision No. 648 of 1977 and Criminal Revi­sion......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)

....n (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Coal Controller, Govern­ment of Bangladesh........................Petitioner Vs. Ventura Industries Ltd.........................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 ...... Rafiqul-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No. 227 of 1993. (From the Judgment and order dated 3.3.93 passed by the High Court Division in Civil Revision Case No. 370 of 1993). ......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)

....bra, AIR 1968 All (Lucknow Bench) 119; Maharaj Mohesur Singh Vs. The 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......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 .......70 for ex parte disposal of the suit. On that date the defendant filed a petition under section 151 of the Code of Civil Procedure for acceptance of the written statement after setting aside the order dated 26.2.70. The learned Munsif by his order dated 1.4.70 rejected the petition under secti......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)

....ell machine which he was carrying on his rickshaw van. On hearing the news on the following day P.W. 1 went to the Police Station and identified the machine and claimed it to be his machine which had been stolen on the previous night. The arrested person‑accused Shafi was also found in the......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 ......nts. Shamsul Alam, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on Record-For the Respondent. Criminal Appeal No. 8 of 1992. (From the Judgment and order dated 21.4.92 passed by the High Court Division, Dhaka in Criminal Revision No. 938 of 1990).......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)

....l) Present: Fazle Munim J Ruhul Islam J KM Subhan J. Jogendra Kumar Dutta ........................Appellant      Vs. Nur Mohammad and others................Respondent Judgment June 15th, 1978. Cases Referr...... 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 ......    KM Subhan J.- This appeal by special leave arises out of a Judgment of the High Court Division dated April 25, 1975 passed in Civil Revision No. 1126 of 1974, setting aside the order of the District Judge, Noakhali in Miscellaneous Appeal No. 120 of 1974 affirming the order o...... 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)

.... This case is also reported in: 45 DLR (AD) (1993) 171 ......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 ......ertified copy of the Kabala on March 8, 1973 they came to know for the first time about the transfer of the case land. Their further case is that no notice of sale was served upon them and that in order to avoid pre‑emption the kabala was registered in a different Sub‑Registry. ......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)

....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 the Appellant. Asrarul Hossain, Senior Advocate instructed by Md. Af......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. ......Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 56 of 1991. (From the Judgment and order dated 11.11.91 passed by the High Court Division in Civil Revision No. 1984 of 1991). Judgm......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)

....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 cases) Not represented -The Resp...... 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 ......jadul Huq, Advocate-on- Record­-For the Petitioner. (In both the cases) Not represented -The Respondent. Civil Petitions for Leave to Appeal Nos. 106 and 107 of 1993. (From the Judgment and order dated 6.11.93 passed the High Court Division in Civil Revision Nos. 675 and 674 of 1990). J...... 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)

.... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Suruzzamal ..................................Petitioner Vs. Bangladesh represented by Secretary, Ministry of Public Works and Urban Development and another..............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 ......y Md. Aftab Hossain, Advocate­-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petitions for Leave to Appeal No. 76 of 1992. (From the Judgment and order dated 25.11.91 passed by the High Court Division, Dhaka, in Civil Rule No, 115(F) of 1990). ......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)

....163 ......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 ......sp;   Badrul Haider Chowdhury J.- This appeal is by special leave granted on 14.12.1978 by this Court to the appellant in Civil Petition No. 338 of 1978 preferred against the Judgment and order dated 7.7.1978 passed by the High Court Division in Writ Petition No. 163 of 1978 making the......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)

.... Division (Civil) Present: MH Rahman J ATM Afzal J, Mustafa Kamal J Latifur Rahman J. Abu Yousuf .......................Petitioner Vs. Bangladesh and others .........................Respondents Judgment August 11th, 1992. ......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 ......: Abdur Rab-I, Advocate-On-Record-For the Petitioner. Not Represented-The Respondents.  Civil Petitions for Leave to Appeal No. 212 of 1992. (From the Judgment and order dated 15.3.92 passed by the High Court Division in Writ Petition No. 903 of 1992). Ju......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)

....o reported in: 45 DLR (AD) (1993) 162 ...... 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 ......Appeal 631 of 1970. Judgment:                   Fazle Munim J: This appeal is against the Judgment and order of a Single Judge of the High Court Division passed in Criminal Appeal No. 613 of 1970 on Jul...... 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)

....nt Judgment April 13th, 1993 Cases Referred to- Hamida Bano Vs. Ashiq Hussain and ors. 15 DLR (SC) 65; Ali Ahmed Vs. State 14 DLR (SC) 81; Masalti Vs. State of Uttar Pradesh, 1965 AIR (SC) 202 & Nazir Vs. State, 14 DLR (SC) 159; Mst. Hamida Banu Vs. Ashiq Hussain......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 ......lants. M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-on- Record-­For the Respondent. Criminal Appeal No. 7 of 1992. (From the Judgment and order dated 17th & 18.3.91 passed by the High Court Division in Death Reference No. 28 of 1990 ......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 ..

Category: Criminal Law | Date: | Hits: 60

New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)

....urt Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16, 1993......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. ...... No. 8 and delivery of the sale certificates in pursuance thereof. 3. The High Court Division by the impugned Judgment dated 9 December 1992 discharged the Rule in the said writ petition. 4. In order to appreciate the point raised by Dr. Kamal Hossain, learned counsel for the petitioner in thi......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. ..

Category: Banking Law | Date: | Hits: 142

Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)

....TM Afzal J Mustafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January 21st,...... 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 ...... M Shamsul Alam, DAG instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent No. 2 Respondent No. 1-Ex parte. Civil Appeal No. 78 of 1990. (From the Judgment and order dated 19th June, 1988 passed by the High Court Division in Writ Petition No. 1174 of 1988). ...... 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