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Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
.... M. A. Jabir J Halcyon Steamship Co., Inc., USA, represented by Hegee & Co. (Pak.) Ltd… Appellant Vs. Province of East Pakistan now Govt. of Bangladesh, represented by Collector of Chittagong ……………….......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ...... S. Ishtiaq Ahmed, Addl. Attorney-General instructed by S. S. Hoda, Advocate-on Record —For the Respondent. Civil Appeal No. 37-D of 1970. (From the judgment and order of the High Court at Dacca dated the 29th April, 1968 pa......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....pellate Division (Criminal) Present: A. M sayem CJ B. Mahmud Hussain J M. A. Jabir J Superintendent and Remembrancer of Legal Affairs, Govt of Bangladesh...………………..Appellant Vs. Jobed Ali and...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... in Govt. Appeal No. 20 of 1972.) Judgment: Sayem J.- This two appeals arise out of two separate orders of a Bench of the High Court Division directing release of the respondents on bail, pending ...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....man J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ........................Appellant Vs. Ashraf Ali and others .............ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ...... 6 of 1991. Judgment: Shahabuddin Ahmed CJ.- This appeal by special leave is from a judgment and order of the High Court Division dated 16 July, 1987, passed in Criminal Reference No. 5 of 1985, C......ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....ns 302/149 of the Penal Code passed by the Sessions Judge, Kishoreganj, in Sessions Case No. 105 of 1986. 2. The prosecution case is, that on 24.5.86 at about 10‑00/10‑30 AM 3 heads of cattle belonging to appellants Abdul Huq, Mesbahuddin and Nurul Islam entered into the paddy......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......; Latifur Rahman.- This appeal by leave at the instance of 17 accused-appellants is directed against the judgment and order of a Division Bench of the High Court Division in Criminal Appeal No. 287 of 1988. dismissing......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 1. Not Represented -Respondent Nos. 2 & 3. Civil Appeal No. 58 of 1993 (From the judgment and order dated April 22, 1993 passed by the High Court Division in Writ Petition No. 1316 of 1992) ......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
.... jurisdiction under Article 102 of the Constitution. 6. These are defences in the suit and, therefore, can properly be agitated in the appeal if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case i......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ...... the High Court Division on 30.6.91 on the ground that the petitioner has an alternative and efficacious remedy by way of appeal. 2. The petitioner seeks leave to appeal from the said judgment and order. 3. Mr. Asrarul Hossain, learned Counsel for the petitioner, submits that to make a deposit......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ..Category: Civil Law | Date: | Hits: 139
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....ies Ltd. and others .....................Defendant-Respondents Judgment July 20th, 1993. Lawyers Involved: Shaheed Alam, Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on -Record - For the Petitioner. Not represented -For the Respondents. ......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ...... its directors, defendants Nos. 2-6 for realisation of Taka 89 lac and some odd. But, on an application by the said directors-defendants, their names were struck off by the Subordinate Judge, by an order dated 12 June, 1990, and in their place some other persons, namely opposite parties Nos. 7-1......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ..Category: Banking Law | Date: | Hits: 106
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....on Bench of the High Court Division, Dhaka, in Writ Petition No. 696 of 090, discharging the Rule. 2. Petitioners, claiming themselves as the President and Secretary respectively of the Bangladesh Registration TC Karmachari Samity, filed the aforesaid Writ Petition, calling in question the......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......e to Appeal No. 532 of 1992. Judgment: ATM Afzal J.- This petition is from Judgment and order dated 30th June, 1992, passed by a Division Bench of the High Court Division, Dhaka, in Writ ......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
.... Rahman J. Jafar Ali ....................Appellant vs. Hushiar Ali and others...........Respondent Judgment June 7th, 1990. Lawyers Involved: Mohammad Habib Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record -For the Appellant. ......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......b Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record -For the Appellant. Not represented - The Respondent. Civil Appeal No. 28 of 1986 (From the Judgment and order dated 14.11.84 passed by the High Court Division, Sylhet Bench, in Civil Revision No. 1391 o......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ..Category: Property Law | Date: | Hits: 85
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
..............Respondent Judgment August 26, 1993. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioner. Md. Abdul Wadud Khandker, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record-For the ......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......dul Wadud Khandker, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 75 of 1993. (From the judgment and order dated 27.7.93 passed by the High Court Division is Criminal Revision No. 933 of 1993) Judgm......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ..Category: Criminal Law | Date: | Hits: 53
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....J MH Rahman J ATM Afzal J Mustafa Kamal J and Latifur Rahman J. Farid Miah ......................................Appellant Vs. Kutubuddin, being dead, his heirs: Shanu Begum and others .................... Respondents Judgment May ......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......) and 9(b). Maksudur Rahman, Senior Advocate, instructed by B Hossain Advocate-on-Record-For the Respondent Nos. 10 and 11. Civil Appeal No. 79 of 1985. (From the Judgment and order dated 16.2.84 passed by the High Court Division Sy1het Bench in SA No. 554 of 1978). J......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....pellant Vs. The Chairman, Labour Court and another ..............Respondents Judgment November 30, 1993. Lawyers Involved: Khalilur Rahman, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. Md. Aftab Hossain, Advocate-on-Record-For the Respond......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ...... represented- The Respondent No. 1. Civil Appeal No. 66 of 1990. Judgment MH Rahman J.- This Appeal, at the instance of the Chittagong Chemical Complex, the employer, is directed against an order of the High Court Division summarily rejecting Writ Petition No. 118 of 1989 and refusing to i......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ..Category: Labour and Industrial Law | Date: | Hits: 103
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
....nbsp; ATM Afzal J Latifur Rahman J. Arifur Rahman alias Bablu…………Appellant Vs Shantosh Kumar Sadhu and another ..................Respondents Judgment May 9th, 1993. Cases ...... 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 ......se with other people, he would not pay the money. 2. On December 10, 1992, the Thana Magistrate framed charge against the appellant under sections 406/420 of the Penal Code. By the impugned order dated January 10, 1993, the High Court Division refused to quash the proceeding in Criminal R...... 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)
....a property which the defendants claim to be a vested and non‑resident property, leased out to Defendant No. 7. Plaintiffs-respondents claim title and possession of the land by Pattan from the admittedly original owner, Sunil Chandra Ghosh. But when defendant No. 7, claiming to be a lessee o......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 ......uty 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 Division by the impugned order dated 27 March, 1991. Petitioner is now seeking leave to appeal from the said order. 2......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 ..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ten 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. ......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. ......annot be adjourned for more than three times and the suit has to be disposed of within six months from its institution. Section 6 provides that subject 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......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. ..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... (AD) (1994) 169 & 244 ...... 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 ......ed 20.6.93 passed by the High Court Division in Criminal Revision No.895 of 1993). Judgment: Mustafa Kamal J.- In this appeal by leave the accused‑appellant is aggrieved by the judgment and order dated 20.6.93 passed by a learned Single Judge of the High Court Division in Criminal Revision...... 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 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....n: 46 DLR (AD) (1994) 158 ......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 ...... Abdur Rashid Gazi, Advocate, Supreme Court, instructed by MG Bhuiyan, Advocate‑on‑Record ‑For 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......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 ..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
................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-For the Appellants. Sye......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 ...... constitutional jurisdiction of the High Court Division under Article 102 of the Constitution. 2. The appellants filed Writ Petition No. 330 of 1987 in the High Court Division challenging an order of requisition dated 30.12.63 passed by the Special Land Acquisition Officer, Dhaka and a no......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 ..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....sp; Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury and anothe......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 ......e suit premises was about to be taken over by Me Custodian of Enemy Property and proforma‑defendant 3 moved the authority concerned for release of the same and get the property released by an order dated 18.8.66. Defendants 1 and 2 on getting scent of aforesaid order of release of the suit ......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)
....smissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......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 ......nbsp; Badrul Haider Chowdhury J.- Those two petitions for special leave to appeal are directed against the judgment and order passed by the High Court Division in Writ Petition No. 701 of 1977. 2. The Respondent ......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 ..Category: Constitutional Law | Date: | Hits: 157
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