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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......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 ..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......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 ..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 ......46 P.C. 169; Banoari Lai Sarma and others Vs. Emperor AIR 1943 Cal. 285; Emperor Vs. Banoari Lai and others AIR 1943 F.C. 36; AIR 1952 All 526; Jairam Das Vs. King Emperor; AIR 1945 PC. 18 and 94; Rowlands 8 QBD 530; 12 QBD 79; the State of Bomby Vs. Nilkanth Shripad Bhave and another reported in AI..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 ......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 ..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 ......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 ..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......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 ..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......rty he had filed an application before the Sub‑divisional Magistrate, Sadar Noakhali, who drew up a proceeding under section 145 of the Code of Criminal Procedure and attached the proceeding land and appointed Circle Officer, Sudharam as receiver of the said land. The Magistrate, having f..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......levant 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 land transferred under the kabala dated March 14, 1972 for a consideration of Rs. 5,000.00 which wa..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....... 1984 of 1991 dated 11. 11.91, a learned Single Judge of the High Court Division made the Rule absolute, passed an order of status quo restraining the appellant from making any construction over the land in dispute. 2. Respondent No. 1 instituted the aforesaid suit on 11.10.89 for declaration of..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....... 106 and 107 of 1993. (From the Judgment and order dated 6.11.93 passed the High Court Division in Civil Revision Nos. 675 and 674 of 1990). Judgment: Shahabuddin Ahmed Q: Two co‑sharer landlords have filed these two leave petitions separately and the tenant is the common Respondent in..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......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 ..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......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 ..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 ......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 ......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 ...... 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 ..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......209;stained earth along with empty cartridges were seized from the place of occurrence, P.W. 18 Ballistic Expert deposed that he examined two single barrel 12 bore guns bearing No. 56 (made in England) and 60482 (made in Canada). According to his testimony, most probably 12 bore cartridge wa..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......ntention of the petitioner upon wrongly relying on Fairtech Limited and ors Vs. Bangladesh Shilpa Bank and others reported in 42 All (AD) 216, the facts of which are different from oat of the present case. Although under rule 5 of the Rules, the Bank is authorised to sell the mortgaged property even......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......gment of the Court of Settlement, Bangladesh Abandoned Buildings, Dhaka passed in Settlement Case No. 1103 of 1987 in respect of holding No. C/56 3rd Colony, Mirpur, Dhaka. 2. The appellant's case, in short, is that holding No. C/56, 3rd Colony, Mirpur, Dhaka was allotted to one Md. Hussain...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ..Category: Property Law | Date: | Hits: 63
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......eir house in order to take its forcible possession, broke through the door, killed Majitunnessa wife of P.W. 12 with a dao and injured the informant’s wife. 2. After investigating the case of P.W. 1 the Sub‑Inspector of Police, Nalchity, submitted a final report on August 14, ......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..Category: Criminal Law | Date: | Hits: 40
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......s for pre‑emption, Miscellancous Case Nos. 14, 15, 18 and 19 of 1973 in the Court of Munsif, Fifth Court, Sadar, Chittagong, on the ground that the vendors without any notice to them sold the case land to the respondent pre-emptee, a stranger to the holding in question. 2. The trial...... pre‑emption, Miscellancous Case Nos. 14, 15, 18 and 19 of 1973 in the Court of Munsif, Fifth Court, Sadar, Chittagong, on the ground that the vendors without any notice to them sold the case land to the respondent pre-emptee, a stranger to the holding in question. 2. The trial Cour..Category: Property Law | Date: | Hits: 72
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......Barisal Bench) in appeal, Criminal Appeal No. 72 of 1978, acquitting the respondent, Abdul Muttaleb Khan @ Abdul Mataleb Khan of the charge under section 409 Penal Code. 2. The prosecution case was that the respondent in his capacity as Head Tahsilder of Moukaran Tahsil Office under the ......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..Category: Criminal Law | Date: | Hits: 41
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