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M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......f nonÂparty caretaker Government was incorporated in the Constitution by necessary amendment and since the impugned Act did not amend Articles 48 and 56 of the Constitution there was no necessity of holding a referendum as contemplated under clause (1A) to Article 142. It is further contended that ..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......t the prosecution has proved beyond reasonable doubt through P.Ws. 1, 2, 3, 9 and 10 that the condemned‑prisoner was a boarder in room No.14 and he himself unlocked the room No.14 by the key he was holding wherefrom the heroin was recovered by the Narcotics Control personnels in presence of the wi..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expresÂsed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......contended, and he would be liable to pay the penalty mentioned in the bond. The High Court Division, by the impugned order dated 28 May 1982, dismissed the applicaÂtion for quashing the proceedings, holding that independent of the forfeiture of the bond the appellant is also liable to criminal proÂ..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of BanglaÂdesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ...... the appellant moved the High Court in its writ jurisdiction challenging the jurisdiction and the order of Special Tribunal. The learned Judges of the High Court have summarily rejected the petition, holding that under section 29 of the Special Powers Act, the provisions of the Code of Criminal Proc..Category: Criminal Law | Date: | Hits: 99
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......the kabala for reconveyance were genuine still there would be no difference and that the right of pre-emption would not be defeated by the re-sale because, in their opinion, as soon as the share of a holding is transferred a co-sharer tenant has got a statutory right to pre-emption which remains una..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... resulting from the news paper’s critical stance against the imposition of emergency. 60. In Prapat Singh Vs. Punjab (AIR 10964 SC 72), the Supreme Court set aside a decision on malafide ground, holding that the allegation placed by the petitioner that he was a victim of the Chief Minister’s ..Category: Criminal Law | Date: | Hits: 133
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......e High Court was not conceded to by the learned Judges, the Deputy Attorney-General who appeared for the Government, could not place the relevant files of the Government to explain the necessity for holding up the delivery of the possession of the respondent’s firm. He further submitted that as t..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......ed by a kabuliyat with an annual rent reserved. 12. The next case cited is Seoti Bibi Vs. Jagonnath Prasad, (1920) IC 593. In determining the validity of a notice to quit for ejectment of a tenant holding under a monthly tenancy terminable on the fifteenth day of each successive month, it was hel..Category: Property Law | Date: | Hits: 103
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......eir case while the defendant examined 8 D.Ws. and having considered the evidence on record the learned SCC Judge by judgment and order dated 30-6-87 returned the plaint for filing in the proper Court holding inter alia that he defendant did not attorn the plaintiffs as his landlords, that there was ..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......dlord and tenant ceased with the acquisiÂtion of rent receiving interest under the Act. Thus with the severance of landlord and tenant relation, the decree-holder ceased to have his right to put the holding to sale under the Bengal Tenancy Act. But his right to proceed against the judgment-debtor r..Category: Property Law | Date: | Hits: 60
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......ng the period of attachment the suit land was sold to Sonaullah by the registered sale deed on 27.5.68 and as such the sale was illegal and void. 5. The trial Court dismissed the suit without cost holding that the plaintiffs having purchased the suit land during the subsistence of the order of at..Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......ion of the Share Register of the appellant Company M/s. Anath Bandhu Guha and Sons Ltd. and for entering his name in the Register, claiming to be the adopted son of respondent No.2 Tarani Prashad Dey holding two shares, and a MemÂber Director of the Company, who made a gift of one share in his favo..Category: Company Law | Date: | Hits: 164
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......s also adduced documentary evidence to substantiate their respective cases. The trial Court hearing the parties and assessing the evidence on record allowed case by judgment and order dated 4-12-2004 holding that the first party on the date of drawing proceedings was in possession and that there was..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are disÂmissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......said cases for answering the following two questions which were stated by him to be questions of law: 1. "Whether on the facts and in the cirÂcumstances of the case the Tribunal is justiÂfied in holding that the assessee is entitled to a rebate on super tax the rate of 5% (in the first three ca..Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......r section 16(3) of the Act and whether the Special Tribunal constituted under the said Act had jurisdiction to take cognizance of the alleged offences and whether the Tribunal is the proper forum for holding the trial in respect of the said offences when the Act came into force on 9-2-1974 whereas t..Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....- is to be depositÂed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ....... 6. The contesting parties examined several witnesses in order to prove their respective cases. The trial court, on consideration of evidence adduced by the parties, rejected the pre-emption case holding that the transfer was an exchange. Against that judgment of the trial court the pre-emptor p..Category: Property Law | Date: | Hits: 93
.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368....... legality of the termination from service is barred by law.
4. Mr. Mainul Hosein, learned Senior counsel appearing on behalf of the petitioners submits that the High Court Division erred in law in holding that the payment of 90 days' salary in cash prior to termination of the petitioner from serv..
Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the responÂdent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......iew to increase the efficiency of all officers of the bank and this impugned policy is not contrary to any law at all. 7. The High Court Division, on hearing both the sides, made the rule absolute holding that the impugned circular No.10, so far it relates to its retrospective effect, has not bee..Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......hstanding anything contained in any other law for the time being in force a raiyat shall not enter into any form of usufructuary mortgage other than a complete usufructuary mortgage in respect of his holding or of a portion or share thereof, and every such complete usufructuary mortgage shall be sub..Category: Property Law | Date: | Hits: 87
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......rnment having found appointments were made illegally and as by the impugned order appointments of all the 3rd class and 4th class employees having been cancelled, the High Court Division was wrong in holding that the impugned order is illegal as the same has been passed without hearing the writ peti..Category: Employment/Service Law | Date: | Hits: 155
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