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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 ......for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950, hereinafter referred to the as "the Act". Schedule 1 consists of a tank only. The appellants contested the pre-emption case on various grounds, inter alia that absence of contiguity between the lands by reason of exis..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 ......he court becomes functus officio except to review its awn order in accordance with law or to correct clerical mistakes. The discretion, if any, should be exercised judiciously. The discretion in this case not being exercised judiciously, cannot be sustained. Lawyers Involved: Abdus Salam, Seni..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....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. ......cept the recommendations of 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 natu..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 ......rdinance. Before adverting to these two sections, a brief reference to Sections 32, 34 and 35 is necessary. Section 32 deals with the power of the Administrator to remove a Mutawalli in certain cases and Mutawalli’s liability for breach of trust. An order passed by the Administrator is subje..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 ......s. Bangladesh and another…….... Respondents Judgment April 25, 1978. The Special Powers Act, 1974 (Act XIV of 1974), section 27. The Sessions Judge can take cognizance of a case under section 27 of the Special Powers Act only on a report in writing made by a police officer..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 ......ctions though presided over by the same person. These two statutes do not permit the overlapping of the jurisdiction of the forum created under the two statutes…….(5) Taking of cognizance of a case in the capacity of the Special Tribunal under section 27 of the Act while exercising the Jurisd..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 ......f the vendors of the appellant or they never migrated to India, a fact which bas been characterised as a disputed one on which the High Court Division has refrained from deciding. It is an admitted case of both parties that the predecessors of the appellant were Pakistani nationals and the appella..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 ...... hear appeals from the judgments of Special Tribunal was taken away……….(24) The amendment of the Special Powers, Act by Ordinance No. XL of 1977 did not have the effect of excluding the cases from the jurisdiction of the Special Tribunal, particularly, in so far as it did not have any ..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 ...... Mustafa Kamal J.- This petition for leave is from the Judgment and order passed by the High Court Division dated 3.3.93 in Civil Revision case No. 370 of 1993, discharging the Rule. 2. Respondent Ventura Industries Ltd, filed an ..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 ......for which the plaintiff instituted the suit for ejectment after determining the tenancy by a notice under section 106 of the Transfer of Property Act. 3. The defendant in denying the plaint case in denying raised the question of title of the plaintiff. This written statement was accepted ..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 ......ccused Shafi, recorded by a Magistrate, P.W. 8. The evidence of P.W.8 and the Judgment of the learned Magistrate, Sub Class, one Jahanara. Parveen, show utter inexperienced in the trial of criminal cases. Same is the case with the Additional District Magistrate who heard and disposed of the appe..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 ......e sought for because the possession of the property is already with the agent appointed by the court. 8. Mr. Ahmed, learned Counsel, has relied for this proposition on the decision, in the case of Nawab Humayun Begum Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94. In this case the plaint..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 ......ection 96 of the State Acquisition and Tenancy Act, 1950 is a heritable right. 2. Facts relevant for disposal of the appeal, in short, are that the respondents 1-9 filed a pre‑emption case under section 96 of the State Acquisition and Tenancy Act, 1950 for pre‑emption of the l..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. ......nd. Thirdly, the appellant has amassed huge construction materials in his own plot and there is no reason to injunct him in these circumstances, and lastly, the loss that the plaintiff may sustain in case the injunction is refused will not be greater than the loss which the appellant will sustain an..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 ......han ..............Petitioner [In CP No. 106 of 1993] Al-Haj Md. Rafique Miah ..................Petitioner [In CP No. 107 of 1993] Vs. Golden Biscuit Co....................Respondent [In both cases] Judgment May 20th, 1993. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocat..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 ......ment's officers, particularly the law‑officers involved in this matter. Learned Counsel has also criticised the view taken by the learned Judges of the High Court Division that in appropriate cases the Government, as a litigant, might be treated on a different footing vis-a-vis a private li..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 .......1977. 2. The four respondents filed Writ Petition No. 163 of 1978 as petitioners challenging the legality of the order of conviction and sentence passed on them. 3. The prosecution case, in short, was that one Mofizuddin Mondal (complainant P.W. 1) lodged First Information Report..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 ......llenged in Writ Jurisdiction of the High Court Division 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 ......ellants to the Court of Session to stand trial under sections 302/34 of the Penal Code. Nine witnesses were examined on behalf of the prosecution and no witness was examined by the defence. Defence case was that Tegu who was a thief was chased by a large number of students and co‑villagers ..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....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 ......Abdul Wahab and P.W. 5 BM Imdadul Huq (Tulu), of whom P.W.s. 2, 3 and 5 are full brothers and are nephews of deceased Ekhlasuddin, are the eye‑witnesses to the occurrence and the prosecution case which transpired from their common evidence is, that deceased Ekhlasuddin Ahmed and his son de..Category: Criminal Law | Date: | Hits: 60
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