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

....ppointed; and be Collaborators Order was also a  valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......ctor, Kotwali P.S, Sylhet. 2. Mr. Naziruddin Ahmed who appear­ed in support of both the petitions maintained that the Special Tribunal erred in taking cognizance of the    case, inasmuch as the Police report did not contain a statement of facts which would constitute an..

Category: Criminal Law | Date: | Hits: 63

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

....isputed. The Collaborators Order was thus promulgated by an Authority com­petent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......hey resulted in self-effacement of the President and in abdication  of power by him call for no separate discussion.  Suffice it to state that such exceptions can be rele­vant only in cases involving complaints relating to unauthorised delegation of Legislative powers to external au..

Category: Criminal Law | Date: | Hits: 53

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

....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......der under section 34 staying legal procee­dings is a matter largely in the discretion of the court which must, of course, be exercised judi­cially in due regard to the circumstances of each case. Even involvement of difficult ques­tions of law has been considered in numerous cases to..

Category: Civil Law | Date: | Hits: 110

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

.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... granted in order to consider whether the High Court Division has jurisdiction, pending disposal of an appeal against an order of acquittal passed by a Special Tribunal or a Special Magistrate in a case under the Collaborators Order, to direct the release of a respondent therein who has volun&sh..

Category: Criminal Law | Date: | Hits: 39

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

....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 ......vision is well-founded in law and fact in acquitting one of the three accused‑respondents and affirming the conviction and reducing the sentence of the other two. 2. Facts of the case are simple. In a sudden incident informant (PW 1) Enamul Hoque's younger brother Ekramul Hoque..

Category: Criminal Law | Date: | Hits: 119

Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)

....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 ......olding the conviction and sentence of the Appellants under sections 302/149 of the Penal Code passed by the Sessions Judge, Kishoreganj, in Sessions Case No. 105 of 1986. 2. The prosecution case is, that on 24.5.86 at about 10‑00/10‑30 AM 3 heads of cattle belonging to appella..

Category: Criminal Law | Date: | Hits: 56

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

....e respondent any question in this regard after he submitted on 30 April 1981 an affidavit with an oath of allegiance to this country. 57. For continuing a permanent residence a Person need not be rooted to the place of his permanent residence. For various reasons he may move out. For staying abr......equested for a personal hearing. He was, however, arrested and detained at the Dhaka Central Jail by an order of detention dated 24 March 1992 under section 3 of the Foreigner's Act, 1946. 4. The case of the government, the appellant before us, is that the respondent had been staying abroad sinc..

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

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

....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 ...... 3. Mr. Asrarul Hossain, learned Counsel for the petitioner, submits that to make a deposit of half of the decretal dues is no efficacious remedy for the petitioner and in such circumstances he cited case of Nagina Silk Mill, Lyallpur Vs. Income Tax Officer, Lyallpur 15 DLR (SC) 181 in support of hi..

Category: Civil Law | Date: | Hits: 139

Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)

....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 ......ing the application for revision on the ground of limitation. 4. As to the prayer for complete justice under Article 104 of the Constitution, this provision should not be resorted to in the case of laches on the part of a financial institution like the petitioner bank, which should better..

Category: Banking Law | Date: | Hits: 106

Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)

....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......n, AIR 1963 (SC) 268(V. 50 C.26), State of Mysore Vs. Krishan Murthy, AIR 1973 (SC) 1146 (V 60 C253); BL Goel Vs. State of UP (1979) 2 SCC 378. 11. As far as the principle to be followed in case of alleged violation of the fundamental right of equality before law or equal opportunity in p..

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

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

....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 ......978 discharging the Rule and upholding the orders of the Courts below arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The pre‑emptors' case, is that they filed Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala be..

Category: Property Law | Date: | Hits: 85

Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)

....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 ......of 1992. All the PWs were examined and cross‑examined, two DWs were also examined and cross‑examined, die accused-petitioner was examined under section 343 CrPC and the prosecution had argued the case for two consecutive dates. But, before the conclusion of the prosecution argument, the Public P..

Category: Criminal Law | Date: | Hits: 53

Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)

....laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......d. The Insurer has, of course, got right to raise his claim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 218

Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)

....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......f settlement of land dated 18.9.72 passed by the Assistant Custodian, Enemy Property, Sylhet, Defendant No. 2 in EP Case No. 11/70-71 was void, illegal, etc. and also for permanent injunction. His case briefly, is that the suit land was declared as enemy property by Defendant No. 2 in EP Case No..

Category: Property Law | Date: | Hits: 80

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

....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. ......ant filed a written objection stating that the worker had been convicted of a criminal offence by a Court and, as such, no show cause notice or enquiry for his dismissal was required; however, in his case, all opportunities were given to him for defending himself. On the date of hearing, April 27, 1..

Category: Labour and Industrial Law | Date: | Hits: 103

Ansaruddin Ahmed Vs. Senior Assistant Judge and Election Tribunal, Barguna & ors, 1994, 23 CLC (AD)

....ecounting the ballots, the High Court Division rightly discharged the Rules Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ......a and others .........Respondents [In both the petition] Judgment June 14th, 1993. Lawyers Involved: Md. Ozair Farooq, Advocate-on-Record-For the Petitioners in both the cases. Md. Abdul Qaiyum, Advocate (appeared with the leave of the Court), instructed by Md...

Category: Election Law | Date: | Hits: 120

Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)

.... 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 ......January 10, 1993, the High Court Division refused to quash the proceeding in Criminal Revision No. 99 of 1993. 3. The appellant's contention is, that on the complainant's own allegations, no case has been made out either under section 415 or 406 of the Penal Code. Reliance is placed on Abd..

Category: Criminal Law | Date: | Hits: 70

Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)

....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......, we find no substance in the contention of Mr. Moksudur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..

Category: Property Law | Date: | Hits: 62

Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)

....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......ejection of that counter-claim; and (iii) whether a writ petition or a civil revisional application will lie to the High Court Division against an interlocutory order of the Artha Rin Adalat, in this case an order accepting or rejecting the petition under Order VII rule 11 CPC. 2. Respondent No...

Category: Banking Law | Date: | Hits: 168

Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)

.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......hibition Act, 1980 was framed against the accused‑appellant only. The two other accused persons were not charged. At the trial the prosecution examined 6 witnesses and the defence none. The defence case was that the accused persons never demanded the release of mortgaged land or Taka 10,000.00 fro..

Category: Criminal Law | Date: | Hits: 69