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Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
.... the meantime on 6.8.71 the review petition under Order 47 read with section 151 of the Code (Miscellaneous Case No. 84 of 1970) was dismissed. Then on 15.1.74 the Civil Rule was heard by a Single Judge and the question canvassed before the High Court was whether the delay has been sufficiently ......isions 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 ...... 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 ......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)
....appeal‑Criminal Appeal No, 20 of 1989‑which was dismissed by the Additional District Magistrate by an order dated 18 September 1990. This appellate order was challenged before Sessions Judge by a revisional application-Criminal Revision No. 204 of 1990‑but it was summarily dism......l 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 ......wed 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 ......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)
.... Subhan J.- This appeal by special leave arises out of a Judgment of the High Court Division dated April 25, 1975 passed in Civil Revision No. 1126 of 1974, setting aside the order of the District Judge, Noakhali in Miscellaneous Appeal No. 120 of 1974 affirming the order of the Subordinate fudg......e 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 ......d 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 ...... 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 ..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....e and he having not riled any application for pre-emption proceeding his heirs are not competent to start pre‑emption proceeding. 7. This question was argued before the learned Single Judge of the High Court Division submitting that since the right derived is an individual right, th...... 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 ......er 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 ......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 ..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)
....High Court Division in Civil Revision No. 1984 of 1991). Judgment Mustafa Kamal J.- This appeal by defendant No. 1 arises out of a temporary injunction matter. Both the trial Court, Assistant Judge, 1st Court, Chittagong in OS No. 215 of 1989 by Judgment and order dated 28.3.90 and the lower......e 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. ......urt 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. ......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. ..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 ...... 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)
....declaration that the property is an abandoned property; and TS No. 339 of 1981 was filed by the petitioner for a declaration of title and recovery of possession. The trial Court, namely Subordinate Judge, 3rd Court, Dhaka by a common Judgment dated 31 August 1988, dismissed the governmentres......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 ......eals 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 ......nt: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Suruzzamal ..................................Petitioner Vs. Bangladesh represented by Secretary, Ministry of Public Works and Urban Development and another.....Category: Property Law | Date: | Hits: 101
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....7 of the Penal Code and Special Powers Act, 1974 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 an......e 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 ......nviction 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 ......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 ......hen 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 ......ts 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 ......llate Division (Civil) Present: MH Rahman J ATM Afzal J, Mustafa Kamal J Latifur Rahman J. Abu Yousuf .......................Petitioner Vs. Bangladesh and others .........................Respondents Judgment August 11th, 19..Category: Business or Commercial Law | Date: | Hits: 104
Kalu and another Vs. State, 1993, 22 CLC (AD)
..... Judgment: Fazle Munim J: This appeal is against the Judgment and order of a Single Judge of the High Court Division passed in Criminal Appeal No. 613 of 1970 on July 10, 1978 dismiss......urt 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 ......sion 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 ...... 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)
....bsp; Mustafa Kamal J : 36 accused persons, including the four accused‑appellants before us, stood their trial before the learned Sessions Judge, Narail in Sessions Case No. 22 of 1986 variously under sections 148/307/302/34 of the Penal ......s 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 ......cquitted. 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 ......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 ..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. ...... 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. ......n 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. ......me Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16,..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
....e of agreement and wrongly held that the property was an abandoned property on the basis of mere comparison of the signature appearing in the lease deed with the kabala. It appears that the learned Judges while summarily rejecting the writ petition did not at all apply their judicial minds to th......se 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 ......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 ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January ..Category: Property Law | Date: | Hits: 63
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....ctor of Police, Nalchity. 3. P.W. 1's case was registered as Sessions Case No. 587 of 1981. The suo motu FIR case was registered as Sessions Case No. 935 of 1982. On July 7 1983 the Sessions Judge, transferred Sessions Case No. 935 of 1982 to the Additional Sessions Judge, Third Court, Ba......d in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......ection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......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 ...... 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 ......ow 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 ...... 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 ..Category: Property Law | Date: | Hits: 72
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....bsp; ATM Afzal J.- This appeal by the Government following leave is from an order of acquittal dated 12 January, 1986 passed by a Single Judge of the High Court Division (Barisal Bench) in appeal, Criminal Appeal No. 72 of 1978, acquitt......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 ......t. 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 ......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
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......owever, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......e Division (Civil) Present: Shahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Secretary of Aircraft Engineers of Bangladesh and anr ……………Appellants Vs. Registrar o..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....ench of the High Court Division, Dhaka summarily rejecting the appellants' application under section 115 of the Code of Civil Procedure filed against the order dated 9.10.90 passed by the Subordinate Judge, Natore refusing to add the appellants as defendants in OC Suit No. 19 of 1987. 2. Material......isional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......refusing to add the appellants as defendants in OC Suit No. 19 of 1987. 2. Material facts of the case are, that respondent No. 1 as plaintiff instituted the aforesaidsuit against the Government of Bangladesh (represented by the Deputy Commissioner, Natore) and other officers, respondent Nos. 2-5,..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....e plots. The trial Court allowed pre‑emption in respect of both the plots finding them to be contiguous to the pre‑emptor's land. This finding was confirmed in appeal by the Subordinate Judge. But in revision, as stated above, a learned Single Judge of the High Court Division reversed......as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......le, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......g or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......orting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nazimuddin Molla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents Judgment March 29th, 1993. ..Category: Election Law | Date: | Hits: 106
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