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Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......vs. Dullay Khan PLD 1954 (Dhaka) 134; Ihtesham Ali vs. Jamna Prasad and others 48 I.A 365= AIR 1928 (P.C) 56; 32 DLR (AD) 29. Lawyers Involved: B. N. Chowdhury, Advocate, instructed by Shamsul Hoque Siddique, Advocate-on-Record— For the Appellant. Salehuzzaman, Deputy Attorney General, ......Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment February 20, 1986. Result: The Appea......sion (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents ..Category: Procedural Law | Date: | Hits: 115
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......hman J A.T.M. Afzal J Priyatosh Talukdar…………………………..Appellant Vs Assistant Custodian, Vested and Non-Resident Property, Chittagong and others .............................Respondents ......todian, Vested and Non-Resident Property, Chittagong and others .............................Respondents Judgment September 24, 1986 Cases Referred to- Rahima Aktar Vs. Asim Kumar Bose 1985 BLD (AD) 155; Watson v. Winch, 1 K. B. (1916) 688; Surtees v. Ellison (18..Category: Property Law | Date: | Hits: 70
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......ision (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The App...... Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. R..Category: Criminal Law | Date: | Hits: 124
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......buddin Ahmed J M. H. Rahman J A.T.M. Afzal J Shafquat Haider & others………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Case...... Present: Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Shafquat Haider & others………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......r AIR 1973 (SC) 1121; M/s. Momin Motor Vs. Regional Transport Authority PLD 1962 108; Chairman Chittagong Pourashava Vs. Md. Amjad Khan 1980 B.S C.R. 54; M/S. Radha Krishna Agarwal Vi. State of Bihar and others AIR 1977 Patna 65; Shitla Prasad vs. M. Sadiullah and others AIR 1975 (All) 344 (F.B) Pur......vil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sharping Matshajibi Samabaya Samity Ltd.....................Appellant Vs. Bangladesh & others……………………………………………………………...Category: Property Law | Date: | Hits: 87
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......Bhuiyan V. Haji Nurul Alam Chowdhury 35 DLR (AD) 338; Muhammad H. Rouf Vs. Ahamuda Khatun 33 DLR (AD) 323. Lawyers Involved: S.R. Pal, Senior Advocate instructed by Kazi Abdul Hoque, Advocate-on-Record—For the Petitioners. Not represented- The Respondents. ......ion (Civil) Present: FKMA Munim C J Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sree Monoranjan Banik and another……………………………&...... MH Rahman J ATM Afzal J Sree Monoranjan Banik and another……………………………….Petitioners Vs. Sree Nitya Ranjan Karmakar & others………………&..Category: Property Law | Date: | Hits: 43
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ...... allsowed. The Code of Criminal Procedure, 1898 (V of 1898), section 154 Criminal Trial The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on ......on (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Muslimuddin & others………………………Appellants Vs. The State………………………………….Respondent Judgment Feb 20, 1986. ..Category: Criminal Law | Date: | Hits: 56
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......ted in: 38 DLR (AD) (1986) 303 ......quittal without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it was the duty of the State to secure attendance of the witnesses and for any reason, if needed, the process of the court if should be issued on the application of th......ivision (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Mrs. Amena Hoque……………………………………Appellant Vs. Rajab Ali & others……………………………….……Respondents Judgment Apri..Category: Criminal Law | Date: | Hits: 38
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ...... Recounting of the ballot papers by a Tribunal long after the election should ordinarily be resorted to simply on mere asking by an interested party. Ballot papers have special sanctify of their own and their secrecy should not be infringed by reopening the sealed packet unless the recounting beco......rt Appellate Division (Civil) Present: FKMA Munim CJ Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Shajahan……………………………………..Appellant Vs. Md. Sadeq & another …………………………….....Respondents Judgment Mar..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 .......A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M Afzal J Md. Badrul Alam Chowdhury……………………….Appellants Vs. Md. Abdul Mannan and others……………………..Respondents Judgment January 19, 1984. The Union Paris......il) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M Afzal J Md. Badrul Alam Chowdhury……………………….Appellants Vs. Md. Abdul Mannan and others……………………..Respondents Judgment January 19, ..Category: Election Law | Date: | Hits: 126
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......Bari Chowdhury has been unauthorized producing, publishing, printing and editing the said weekly 'Ispat' from Mukul Mudrayan. Masompur, Kushtia in violation of the aforesaid Act, I, A.K.M. Fazlul Hoque Miah, District Magistrate, Kushtia in exercise of powers conferred upon me under sections .............Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment January 27, 1986. Result: The Appeal is allowed. The Printing Presses and Publication (Declaration and Registration) Act, 1973 (XXIII of 1973) Declaration in resp......ivision (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhuri J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Waliul Bari Chowdhury...........................Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment J..Category: Information Technology Law | Date: | Hits: 226
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......DLR (AD) (1986) 201. ......Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J TM Masud J Syed Md. Mohsen Ali J Abdul Mannaf Khan and others……..Appellants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal No. 163 of..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......llate Division (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J M. H. Rahman J A. T. M. Afzal J Abdul Karim Sarker .............Appellant Vs. The State and another …………Respondent Judgment February 9, 1986. Contempt of Court “......eme Court Appellate Division (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J M. H. Rahman J A. T. M. Afzal J Abdul Karim Sarker .............Appellant Vs. The State and another …………Respondent Judgment February 9, 1986. Contempt of ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......unim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam Azad ……………...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: T......esent: F K M A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment Ma..Category: Family Law | Date: | Hits: 239
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......gment May 30, 1985. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separ......ple of natural justice was duly applied with the respondent even though civil service rules were not applicable to him. The Appeal is allowed…..(17 & 18) Case Referred to- Dr. Nurul Islam Vs. Government of Bangladesh, 33 DLR (AD) 371; B S I Corporation Vs. Mahbub Hossain, 29 DLR (AD) 41;..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......6) 75. ......on (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Shamsul Huq @ Shamsul and others..................Appellants Vs. The State ..................................................Respondent Judgment Januar..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......8), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the subject matter of the two proceedings namely, Miscellaneous Case No. 88 of 1974 and Title Suit No. 193 of 1981 are the same, the later was rightly stayed by the Subordinate Judge, ......reme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh Shilpa Bank...................................Appellant Vs. Bangladesh Hotels Ltd.................................Respondent Judgment April 9, 198..Category: Banking Law | Date: | Hits: 121
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ...... Vs. Sajedul Haque……………………………………….Respondent Judgment July 9, 1985. The Code of Criminal Procedure, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under......Court Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Delwar Ali Khan & another……………………....Appellants Vs. Sajedul Haque……………………………………….Respondent Judgment July 9, ..Category: Criminal Law | Date: | Hits: 59
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......astacolla Colliery Co. Ltd. vs. Bandhu Peldar and another AIR 1960 Patna (FB) 344. Lawyer Involved: B. B. Roy Chowdhury, Senior Advocate (Abdur Rashid, Advocate with him) instructed by Shamsul Hoque Siddique, Advocate-on-Record —For the Appellant. Miah A. Gafur, Advocate-on-Record—For ...... Supreme Court Appellate Division (Civil) Present: FKMAMunim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Sk. Abdul Latif and another…………………………..Appellants Vs. Abdul Malek Kazi & ors................nt: FKMAMunim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Sk. Abdul Latif and another…………………………..Appellants Vs. Abdul Malek Kazi & ors............................. Respondents Judgment May 2, 198..Category: Property Law | Date: | Hits: 63