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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 ......declared that the impugned resolution was passed 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 ...... contiguity is intervened by a public path way, whatever be the breadth of the path way and claiming of pre-emption instead of such intervening land, on the ground of contiguity is not sustainable. Cases Referred to- Haynes v. King (1893) Ch. 349; Spillers Limited vs. Cardiff (Borough) Assessme..

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 ......—For the Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal No. 15 of 1978. (From the Judgment and order dated 28.11.78 passed by the High Court Division in Civil Revision Case No. 891 of 1978) Judgment: K. Hossain, CJ.— In this  appeal  the short point involve..

Category: Tenancy Law | Date: | Hits: 69

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

....er Rule 4 of the said Rules. The show- cause notice dated November 26, 1977 was signed by the Chairman himself. By this notice appellant was informed that on the basis of the inquiry reports from the Inquiry Officer of the proceeding drawn up against him, the management had provisionally deci­ded t......pected 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) Case Referred to- 31 DLR (AD) 33. Lawyers Involved: Rafique-ul-Huq. Senior Advocate, instru..

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 ...... the Appellants. Aminul Huq, Advocate-on Record—For the Respondent No. 3. Civil Appeal No. 45 of 1978. (From the Judgment and Order dated 4-2-77 passed by the High Court in Civil Revision Case No. 718 of 1967). Judgment: K. Hossain, CJ.- In this appeal the ques­tion of competency..

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 ......as Sessions Judge. For the reasons stated above, 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 ......nction between the respective jurisdictions conferred 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 ...... had not succeeded. 2. Facts are that the properties in appeal had been declared as enemy property by the Assistant Custodian of the Enemy Property by his orders dated 29-12-69 and 14-9-70 in E.P. Cases No. 228/70-71, 229/70-71 and 230/70-71. The properties were owned and possessed by (1) Hari Ba..

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 ......urt Divi­sion acted in excess of its jurisdiction in quashing the proceedings before the Special Tribunal which is not subordinate to the High Court Division……………(36) per Ruhul Islam, J. Cases Referred to- Garden Vs. Lucus, 1878/3 App. Cas, 582 at 603; 29 DLR (134) 145; Kinlay v. Dra..

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 ......vocate-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). Judgment          ..

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 ...... KM Sublian J. Yusuf .............................Appellant Vs. Mofzal Ahmed Sowdagar............................Respondent Judgment March 16th, 1979 Cases Referred to- Md. Shamstil Huda Vs. Md. Mozammel Huq, 26 DLR 519; Abdul Aziz Vs. Raj Ch..

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 ......three accused namely, these appellants, under Section 379 of the Penal Code and sentenced them each to rigorous imprisonment for one year. The order of conviction was made on 8 November 1989 in GR Case No. 240 of 1987, Bogra. The accused persons preferred an appeal‑Criminal Appeal No, 20 o..

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 ...... Jogendra Kumar Dutta ........................Appellant      Vs. Nur Mohammad and others................Respondent Judgment June 15th, 1978. Cases Referred to- Nawab Humayun Begum Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94; Sunder..

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 ......rved upon them and that in order to avoid pre‑emption the kabala was registered in a different Sub‑Registry. 3. The trial Court allowed the Miscellaneous case being Miscellaneous Case No. 133 of 1973 against the deceased Chand Mia and ex parte against the rest. On appeal the A..

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. ...... is allowed without costs, OS No. 215 of 1989 of the 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 ...... 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 ...... Vs. Bangladesh represented by Secretary, Ministry of Public Works and Urban Development and another...............................Respondents Judgment May 25, 1992. Case Referred to- Bangladesh Vs. Jaferuddin, 1986 BLD (AD) 180. Lawyers Involved: ..

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 ...... and sentenced to suffer rigorous imprisonment for 4 (four) years each by a Judgment and order dated 22.7.1977 passed by the learned Special Tribunal Judge, Court No. 11, Dacca in Special Tribunal Case No. 210 of 1976 although the said conviction and sentence were confirmed in appeal by the lear..

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 ......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 ......p;               Vs. State ..................................Respondent Judgment July 21st, 1980. Case Refered to- Begu and others Vs. Emperor, 26 CrLJ (PC) 1050. Lawyers Involved: ..

Category: Criminal Law | Date: | Hits: 58