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Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)

....ppellant. Jane Alam, Advocate, instructed by S.M, Huq, Advocate-on-Record—for Respondent.    Civil Appeal No. 78-D of 1968, (On appeal from the judgment and order of the erstwhile High Court of East Pakistan dated 14-2-67 in Civil Revision Case No. 811 of ......ding on 7.7.62 taking recourse to section 88 A of the Bengal Tenancy Act. Section 88 A of the Bengal Tenancy Act runs thus:— ''88A. Sub-division of holding.- where the Provincial Government is the sole landlord.— (1) Notwithstanding anything contained in sectio..

Category: Property Law | Date: | Hits: 60

Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)

....ker, Mahmudul Islam, A W. Bhuiyan, Asstt. Attorney General, instructed by A. Rab, I. Advocate-on-Record—For the Respondents. Civil Appeal No 23 of 1974. (From the judgment and order of the High Court Division dited20-5-74 passed in Writ Petition No, 559 of 1974). Judg......ticle 103 (2) (a) of the Constitution is granted” 2. In his application the appellant prayed before the High Court Division for a declara­tion that the recent agreement between the Governments of the People's Republic of Bangladesh and the Republic of India signed on the 16th day..

Category: Constitutional Law | Date: | Hits: 716

Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)

....or the Appellant. Md. Nurul Huda, Senior Advocate instructed by S.S. Huda, Advocate-on-Record—For the Respondent. Criminal Appeal No. S-D of 1971. From the judgment and order of Dacca High Court dated 3t-10 69 passed in Criminal Revision No. 813 of 1968. Judgme......te­nance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ..

Category: Family Law | Date: | Hits: 146

Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)

.... S. M. Huq, Advocate-on-Record—For the Respondents. Criminal Appeal No. 11 of 1973, with Petition for Special Leave to Appeal No. 58 of 1973. (On appeal from the judgment and order dated 31st May, 1973 passed by the High Court Division of this Court in Criminal Revision Cas...... set aside Ed. ..

Category: Criminal Law | Date: | Hits: 125

Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)

....dvocate-on-Record)—For the petitioners. Not represented—For the Respondent. Petition for Special Leave to Appeal Nos. 47 & 48 of 1973 (Against the judgment and orders of the High Court Division dated the 9th July, 1973 in Criminal Revision Nos. 238 & 240......l took cognizance, however, contains the following statement:- "The story of the case in brief is that on 3-8-72 at 2.00 hrs. I being complt. submitted suo motu case under order of Government against accused in col. 3 as candidate filed their nomination papers on 20-10-71 as can..

Category: Criminal Law | Date: | Hits: 63

A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)

....Record —For the Petitioners. None—For the Respondents. Petition   for   Special Leave to Appeal No. 45 of 1973. (Against the judgment and  order of the High Court Division dated the 2nd July, 1973 in Criminal Revision No. 230 of 1973) ......nister; and in the  manner provided in clause (7) of the Provisional Constitution Order. 6. Learned Counsel submitted that while the Proclamation envisaged a Presidential sys­tem of Government, by promulgating the Provi­sional Constituent Order the President desig­nated by..

Category: Criminal Law | Date: | Hits: 53

Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)

.... 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......taying the suit under section 14 the second defendant ought to have been held to have jo­ined in the prayer. The learned Additional Additional-General who appeared for the respon­dent, now Government of Bangladesh, conten­ded that the very fact that the second defen­dant filed an..

Category: Civil Law | Date: | Hits: 110

Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)

.... 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 ......on bail" "16. (1) A person convicted of any offence by a Special Tribunal or a Special Magistrate may appeal to the High Court Division of the Supreme Court. (2) The Government may direct a Pub­lic Prosecutor to present an appeal to the High Court Division fro..

Category: Criminal Law | Date: | Hits: 39

State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)

.... 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)

....;               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)

...., 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) ......om the judgment and order dated April 22, 1993 passed by the High Court Division in Writ Petition No. 1316 of 1992) Judgment MH Rahman J.- This appeal by special leave at the instance of the Government is directed against the judgment and order dated April 22, 1993 of the High Court Divisio..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)

.... 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)

.... 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)

....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 ......, claiming themselves as the President and Secretary respectively of the Bangladesh Registration TC Karmachari Samity, filed the aforesaid Writ Petition, calling in question the instruction of the Government dated 14.2.90 asking the Inspector General of Registration, Respondent No. 3, to fill u..

Category: Employment/Service Law | Date: | Hits: 66

Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)

....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)

....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)

....) 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......of the suit land on payment of rent. But defendant No. 2 having been influenced by defendants Nos. 3, 4 and 5 illegally cancelled the plaintiffs settlement on 18.9.72 on the allegation that he is a Government Servant and so he is not entitled to get any settlement of enemy property. But the plai..

Category: Property Law | Date: | Hits: 80

Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)

.... 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)

....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)

....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......ant 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 of the Government, threatened the plaintiffs with dispossession, they filed the suit in question (Title Su..

Category: Property Law | Date: | Hits: 62