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Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......he Children Act it is for the Court to consider whether a person charged with an offence and brought before it for trial appears to be a child or not and then to proceed accordingly. In the instant case the learned Additional Sessions Judge observed that the age of the petitioner could not be le....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ..Category: Criminal Law | Date: | Hits: 66
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ...... Judge of the High Court Division discharging the Rule in Civil Revision No. 3418 of 1993. The petitioners challenged two orders dated 13.11.1993 and 21.11.1993 respectively in the revision case. The petitioners by filing an application on 24.9.1991 raised the objection of limitation for ......hey also claimed that the execution case could nor proceed at the instance of an Indian national through an invalid power of attorney. Their further case is that they are in possession of the suit land and under the provisions of Order 21 rule 99 of the Code of Civil Procedure they could not be ..Category: Civil Law | Date: | Hits: 109
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ...... of the deceased filed a petition of complaint in the Court of the aforesaid Magistrate who by his order passed on the same day directed the OC Shibganj Police Station to hold investigation in the case treating the petition of complaint as First Information Report. On 5.11.1994 SI Shibganj Polic...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......74 of the Code of Criminal Procedure, Death Reference No.2 of 1990 (Chittagong)/31 of 1991 (Dhaka) and confirmed the sentence of‑death passed against the appellant. 2. The prosecution case, briefly, is that the appellant was a gardener at Ramu Rajarkul Isolatee Coconut Seed Garden.......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......eneral Clauses Act the Government was competent to cancel it allowing the appellant to continue in his previous position without any order of removal, dismissal or reduction in tank. 4. The case of the Ministry of Energy is, that on the appellant's application before the respondent for ab......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......bandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985), briefly, the Ordinance. Accordingly they are taken up together for disposal although the facts of the two cases are different and they arise out of two different proceedings. 3. Civil Appeal NoR......iefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyance dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built there..Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
.... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ......defendants have set up Mills in that area after purchasing a running Mill. 4. On the averments of the parties, the main question for decision is whether injunction should be granted in this case or not. 5. It appears that the learned Single Judge found that the plaintiffs have a pr...... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ..Category: Civil Law | Date: | Hits: 95
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ch, commission of the offence was complete. While granting leave as to the sentence, it was mentioned that the sentence was to be considered also in view of the "facts and circumstances of the case". We have perused the judgments of both the Courts, but we do not find anything justifyin......ulted in the aforesaid conviction and sentence, is that they had damaged a public road maintained by the Union Parishad and leveled up and amalgamated a part of the road with their adjoining paddy land, rendering the road almost impassable, Causing damage to a public road is an offence of sabota..Category: Criminal Law | Date: | Hits: 60
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......f the respondent. The respondent nowhere made any allegation that the charges were vague and indefinite in material particulars and yet the learned Judges gratuitously held so. It was also not the case of the respondent that the order of discharge was bad because the charge did not indicate any ......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......hout any blame or stigma and passed in the exercise of a prerogative power of the employer under the aforesaid service regulation. 4. The High Court Division upon considering the respective cases of the parties and the materials on record found that the impugned order was passed in colou....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ..Category: Employment/Service Law | Date: | Hits: 101
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......sp; Shahabuddin Ahmed CJ: This appeal by leave calls in question an order of the High Court Division dated 12 June 1994 transferring a criminal case from the Court of Sessions Judge, Shariatpur to that of the Sessions Judge, Madaripur, under s......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......; ATM Afzal J: This petition, by an unusual petitioner, arises out of an unusual Criminal proceeding where Police in the name of further investigation made the informant and witnesses of the case accused in the same case resulting in an unusual order of quashment passed by the High Court D......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......on on 23 May, 1993 pending disposal of its petition for leave to appeal. Leave was granted on 17 June, 1993 and the order of stay was extended till disposal of the appeal. 3. Material facts of the case are that the detenu joined the Chittagong Port Authority in December, 1962 as Assistant Medical......rior notice to the detenu for ensuring observance of the rule of natural justice that a person must be heard before his rights are adversely affected. Rather the Supreme Court of Pakistan in the next land‑mark case of Mir Abdul Baqi Baluch 20 DLR (SC) 249 observed that "it has to be pointed out th..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ...... Title Suit No. 46 of 1979. Questions raised in this appeal are whether specific performance of contract for sale of the land in suit should have been refused in the facts and circumstances of the case on the grounds that the plaintiff‑respondent violated an essential term of the contract,......eal No. 87 of 1986 confirming the Subordinate Judge's Judgment and decree in Title Suit No. 46 of 1979. Questions raised in this appeal are whether specific performance of contract for sale of the land in suit should have been refused in the facts and circumstances of the case on the grounds tha..Category: Property Law | Date: | Hits: 69
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......se of the informant being worth about Taka 5,000.00 as stated by PW I in his examination-in‑chief it is only the Village Court which had exclusive jurisdiction to try and dispose of the case and the learned Thana Magistrate acted illegally and without jurisdiction in taking cognizance......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ..Category: Criminal Law | Date: | Hits: 74
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......he suit property and for a declaration that the compromise decree in Title Suit No. 145 of 1954 of the First Court of Munsif, Patuakhali was fraudulent and collusive and not binding on them. Their case, in brief, is that the suit lands, recorded in CS Khatian No. 406 of mouza Patuakhali, subsequ......ration that the compromise decree in Title Suit No. 145 of 1954 of the First Court of Munsif, Patuakhali was fraudulent and collusive and not binding on them. Their case, in brief, is that the suit lands, recorded in CS Khatian No. 406 of mouza Patuakhali, subsequently in SA Khatian Nos. 729 and..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ...... and the conditions are attached thereto, the gift is valid but the conditions are void. However, where the intention of the maker of the gift is to transfer the usufruct of the property then in that case a limited interest is created for a particular time and, therefore, conditions can be attached .......3.75 passed by the learned Munsif, 1st Court, Kushtia in Title Suit No. 444 of 1969. 2. The appellant's mother Suhagi Bewa as plaintiff filed the suit for declaration of title to the entire land of plot No. 2395, for partition and for recovery of possession. Her case was that Fakir Mondal ..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......om the judgment and order dated November 22, 1993 passed by a Division Bench of the High Court Division summarily rejecting the appellants' Writ Petition No.1997 of 1993. 2. The appellants' case, in brief, is that they are brother and sister. Their parents were married on 30.6.61 at Bogra...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...... Sadar Kotwalli P.S. Case No.4 dated 2.3.93 under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance pending in the Court of Thana Magistrate, Sadar, Sylhet. 3. Facts of the case, briefly, are that the respondent was admittedly married to one Sultana Jasmin Khan (Shaopa) d......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ......rth alleging that the vessel has lien on the cargo for the dues for charter hire and unless the dues are paid the vessel would not proceed to take berth in Mongla Port. It is the plaintiff’s case that it is the holder of clean bills of lading and the defendants can neither claim lien on th......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
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