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Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 .........Respondents Judgment May 9th, 1993. Cases Referred to- Abdul Awal Chowdhury Vs. Md. Waliullah 12 DLR 520; Md. Anwar Ali Vs. State & Nezamuddin 30 DLR 327. Lawyers Involved: MA Wahhab Miah, Advocate, instructed by Shamsul Hoque Siddique, Advocate-...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......issioner (Revenue), Manikgonj ................Petitioner Vs. Md. Siddiqur Rahman and others …………Respondents Judgment June 23rd, 1993. Lawyers Involved: Moksudur Rahman, Senior Advocate, Supreme Court, instructed by Md. Aftab ...... the Assistant Judge, Manikganj, and his decision was upheld by the District Judge. Thereupon defendant No. 5, Additional Deputy Commissioner, Manikganj, challenged the decision in revision, (Civil Order No. 982 of 1991); but it was summarily dismissed by a learned Single Judge of the High Court ..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......f or counter-claim under rule 6 in a suit under the Adalat Act in whatever form, as Order VIII rule 6 is inconsistent with the jurisdictional provisions of the Adalat Act…………………(17) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Rokanuddin Mahmud, Advocate with him......ect to the provisions of section 7, the proceeding, order, judgment and decree of an Artha Rin Adalat cannot be questioned before any Court or any other authority. An application by a defendant under Order IX rule 13 CPC will not be entertainable unless half of the decretal amount is deposited along..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- Lajpat Rai Seligal Vs. State, 1983 Criminal Law Journal, 883; Mihir Lal Saha Poddar Vs. Zhunu Rani Saha, 37 DLR 227; Rezaul Karim Vs. Mosammat T......ah, Advocate -on-Record -For the Respondent (State). Aminul Huq, Attorney-General- Amicus Curiae. Not Represented -Respondent No. 2. Criminal Appeal No.8 of 1993. (From the Judgment and Order dated 20.6.93 passed by the High Court Division in Criminal Revision No.895 of 1993). Judgm..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......lder Vs. Nani Gopal Mondal, AIR 1960 Cal. 258; Kedar Nath Vs. Golam Hossain 40 CWN 83; Ramji Lal and ors. Vs. Giani and another, AIR 1921 Lab 250; Abdul Gafur Vs. Bangladesh 42 DLR (AD) 100. Lawyers Involved: AW Bhuiyan, Additional Attorney‑General, (Sharifuddin Chaklader, Ass...... the Respondents. Civil Appeal No. 63 of 1993. (From the judgment and order dated 30 October 1992 passed by the High Court Division, Dhaka in First Miscellaneous Appeal from Original Order (Award) No. 224 of 1990). Judgment: ..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ni Begum and others......................Appellants Vs. Rajdhani Unnayan Kartripakha and others ...........................Respondents Judgment March 31st, 1994. Lawyers Involved: Awlad Ali, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-......ocate-on-Record – For the Respondent No. 1. B. Hossain, Advocate-on-Record - For the Respondent Nos. 2 & 3. Civil Appeal No. 72 of 1992. (From the Judgment and Order dated 3.8.92 passed by the High Court Division in Writ Petition No. 330 of 1987). Judg..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ...... Sudhangshu Kumar Chowdhury and another...................Appellants Vs. Ali Hossain (Md) & ors...................Respondents Judgment November 26th, 1980. Lawyers Involved: SR Pal, Sr. Advocate, with BN Chowdhury, Advocate, instructed by A Rab II......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......bsp; Lawyers Involved: Md. Khalilur Rahman, Advocate, instructed by MR Khan, Advocate-on-Record ......se and to deliver possession of the management of the Mohammadi Calendering & Printing Mills Ltd. in favour of the petitioner. It was stated that the Mill was taken over under President's Order No. 27 of 1972 and this order of taking over was challenged by an earlier Writ Petition being..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......Rahman J Chairman, Civil Aviation Authority of Bangladesh.......................Appellant VS. Kazi Abdur Rouf and others ……………….Respondents Judgment February 16, 1994. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by Miah Abdul Gafur, Advocate-on-Re......or Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For Respondent Nos. 3 & 4. Not Represented - Respondent Nos. 2 & 5. Civil Appeal No. 64 of 1993. (From the Judgment and Order dated 26.4.93 passed by the High Court Division in Writ Petition No. 3901 of 1992). Judgmen..Category: Property Law | Date: | Hits: 86
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......y 12th, 1981. Case Referred to- Zamiruddin Vs. Havas Khan 21 DLR (SC) 39; Muhammad Nurul Islam alias Nurul Vs. Anath Ram Sarma 17 DLR 261; Civil Reference No. 1 of 17 DLR 415. Lawyers Involved: SS Halder with AY Mashihuzzaman, Advocates, instructed by Aminul Huq, Adv......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ..Category: Property Law | Date: | Hits: 70
Mahbub and others Vs. State, 1994, 23 CLC (AD)
.... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ......amal J Latifur Rahman J. Mahbub and others ................Accused-Petitioners Vs. State .................... Respondent Judgment March 10th, 1994. Lawyers Involved: Alimuzzaman Chowdhury, Advocate instructed by Md. Nawab Ali, Advocate...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ..Category: Criminal Law | Date: | Hits: 55
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......ul Mannan alias Manu........ ..................... Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd, 1994. Lawyers Involved: Abu Nesr Md. Gaziul Haque, Senior Advocate, instructed by Md. Ozair Faroo......cate instructed by Sharifuddin Chaklader, Advocate-on- Record- For Respondent No.1. Not Represented - Respondent Nos. 2 -13. Civil Appeal No. 67 of 1993. (From the Judgment and Order dated 22.6.93 passed by the High Court Division in Writ Petition No. 1389 of 1992). Ju..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... March 10th, 1980. Cases Referred to- Mst. Siraj Fatima Vs. Mahmood Ali AIR 1932 (All) 293; Iftekhar Hussain Vs. Beant Singh AIR 1946 (Lah) 233. Lawyers Involved: Ahmed Sobhan, Sr. Advocate, instructed by Aminul Huq, Advocate-on-R......re raised before the High Court Division, namely, (a) that the heirs being minors were not represented in the Court according to the mandatory provision laid down in sub‑rule (4) of rule 3 of Order 32 of the Code of Civil Procedure and their interests were not protected by the Court guardi..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ...... August 5th, 1993. Cases Referred to- 26 DLR 205; 9 DLR 217; Golam Hafiz Mia Vs, Khadem Ali Miah, 29 DLR (SC) 311; 41 DLR 190; Narsingh Prasad Paul Vs. Still Products Ltd. AIR 1953 (Cal) 15. Lawyers Involved: SR Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - ......he High Court Division correctly appreciated the decisions reported in 9 DLR 217 and 26 DLR 205. 8. It appears from the judgment of the High Court Division that the learned Single Judge considered Order 6 rule 17 of the Code of Civil Procedure and allowed the amendment of the pleadings as he thou..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......ndhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (SQ 1552 (1553); Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others 44 DLR (AD) 267-270. Lawyers Involved: M Nurullah, Senior Advocate, instructed by Md. Aftab Hossain, Advocate -on-Reco......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....Judgment: ATM Afzal J.- In all these matters, the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had jurisdiction to convert an order of acquittal into......August 6th, 1992 Cases Referred to- 43 DLR (AD) 104; 33 DLR (1981) 233 & 358; 33 DLR (AD) 154; PLD 1973 (SC) 49; PLD 1974 (SC) 151; PLD 1989 (SC) 26 & 32 DLR (AD) 110. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Md. Wahidullah, Advocate......rator or by any other person or authority during the said period, in exercise or purported exercise of the powers derived from the said Proclamation or from any other Proclamation, Proclamation Order, Chief Martial Law Administrator's Order, Martial Law Regulation, Martial Law Order, Martial..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......excluded by the provisions of the Ordinance. ……………………(29) Cases Referred to- Pradhip Das alias Shambhu and others Vs. Kajal Das Sarma and others 44 DLR (AD) 1; 32 DLR (AD)171. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Appellant. Nurul Huq, Senior ......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......application for review………………………………..(13 & 14) Cases referred to- Kadir Bux Vs. Province of Sind 1982 SCMR 593, FA Khan Vs. Government of Pakistan 16 DLR (SC) 405. Lawyers Involved: AJ Mohammad Ali, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Rec......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......p;..petitioners (In CP Nos. 251, 318/93). Vs. National Bank Limited and others ....................Respondents (In both the petitions) Judgment February 9th, 1994. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Md. Ozair Farooq, Advocat......ocate. 4. The plaintiff‑Bank filed FA No. 771 of 1991 in the High Court Division against the said judgment and decree. On 11 December 1991 defendant No. 9 filed a cross-objection under Order 41 rule 22 of the Code. In that appeal defendant No, 5 was not made a respondent. On 17 Dece..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ....... (1893) AC. 429; Podar Trading Co. Ltd. Bombay Vs. Franco is Tagher, Barcelona (1949) (2) All England Reports 62; Tehno-Impex Vs. Van Welde, (1981) 2, All England Reports 672; Finnix Case (Lloyd's Law Reports 1974 Vol. 1); Bengal Nagpur Rly Co. Vs. Rattanji Ramji, AIR (1938) (PC) 70; AZ Co. Vs.......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
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