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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......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)
....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......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......ngladesh had already declared that he "wanted the people to forget the past an to make a fresh start …………(.)". The respondent's contention that he was stranded in Pakistan till he left for England cannot be brushed aside. 16. The appellant contends that as the notification did neither de..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......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)
....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......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)
....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......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 ..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......ter, he withdrew the case on 27.1.75 and, after obtaining certified copy of the registered deed on 4.2.75, instituted the present case for pre-emption on 17.2.75. The pre-emptor being a contiguous land holder is entitled to pre-empt the disputed kabala registered on 23.4.75. 3. The case o..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......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
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 ......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 ..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......78 allowing the same. 2. The plaintiff brought Title Suit No. 301 of 1972 in the First Court of the Assistant Judge, Sylhet, for a declaration that the order of cancellation of settlement of land dated 18.9.72 passed by the Assistant Custodian, Enemy Property, Sylhet, Defendant No. 2 in E..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......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
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.......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 ..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...... 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)
....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 ......rom a suit relating to a property which the defendants claim to be a vested and non‑resident property, leased out to Defendant 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, c..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.......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. ..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......naments and other household articles worth Taka 16,800.00 to the accused‑appellant. Sometime after the marriage the appellant put pressure upon the complainant and her parents for releasing certain land which was mortgaged to the father of the complainant. On 8.4.90 the appellant also demanded fro..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......imilar description and with similar advantages in the vicinity "during the twenty‑four months preceding the date of service of notice under section 5(1)(a)" of the Act; but in this case the Arbitrator had taken the average value of land during the twenty-four months preceding the...... the purpose of challenging it in appeal. Facts leading to this question are given below. 2. In LA Case No. 41/64‑65 the Deputy Commissioner, Dhaka, requisitioned the respondents' land measuring about 1.23 acres along with lands of some other persons, on 25 May 1967 under secti..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ...... the Rule. The learned Judges of the High Court Division after hearing the learned Advocate for the appellants for 3 days made the Rule absolute and wrote out a lengthy judgment on the merit of the case on 3.8.92. 3. On 26.9.92 respondent No. 1 filed an application for restoration of the w......ed 30.12.63 passed by the Special Land Acquisition Officer, Dhaka and a notice dated 4.7.87 issued by respondent No. 1 Rajdhani Unnayan Kartripakha asking the appellants to vacate the requisitioned land. A Rule Nisi was issued thereupon on 15.7.87. Neither respondent No. 1 nor the Government-resp..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......ng the relationship of landlord and tenant between the plaintiffs and principal defendants 1 and 2. The trial Court on the question of jurisdiction and the value of the suit found that, the defence case that the rate of Taka 25.00 was not correct, but the plaintiff s case that the rate of ......te of Taka 17.50 paisa per month for the two huts during the period of their stay. Defendant 1 Sudhangshu Kumar Chowdhury and defendant 2 Ramendra Narayan Chowdhury continued to reside on the suit land on various pleas. In the meanwhile, in 1966 the suit premises was about to be taken over by Me..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ...... mills will be returned to their former Bengalee owners, it is not available to the Government now to say that the decision had been revised in so far as the Mohammadi is concerned although in the case of other five concerns mentioned in the Annexure‑B the Government had I already released......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......ate and Secondary Education, Dhaka (Managing Committee of the recognised Non‑Government Secondary Schools) Regulations, 1977, hereinafter called the Regulations. Simply stated the writ petitioner's case was that the Managing Committee would have been constituted in terms of Regulation 4(l), not in......rivate non‑Government school imparting educational facilities at a low cost to the children of different Government servants and of the general public living in the vicinity of the old Airport. The land on which the school. has been established belongs to the Ministry of Defence and the Department..Category: Property Law | Date: | Hits: 86
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