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Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)

....ed was transferred to the Satkania Primary School soon thereafter. He stated in cross-examination that the signature reading "Moslemuddin" in page 11 of the Relief Register does not seem to be in the hand of accused Mosle­muddin". P.W.5 Md. Abdur Rahim is an Assistant attached to the office of the ...... this convic­tion cannot be sustained. In the result, the appeal is allowed. The or­der of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ..

Category: Anti-Corruption Laws | Date: | Hits: 125

Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)

.... AIR 1973 S.C. 552; AIR 1975 Allahabad 202; AIR 1976 Pun­jab 279; AIR 1971 (SC) 306, AIR 1978 Mad. 201; AIR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. Gov­ernment of Bangladesh, 1984 BLD (AD) ......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..

Category: Property Law | Date: | Hits: 38

Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)

....ght against defendant No. 1 and no relief had been prayed for as against the Deputy Commissioner pro forma defendant. 4. The learned Judge found no evidence to show that the suit premises was ever handed over to the Law Department or that it vested in the Law Ministry. At the longest plaintiff cl......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..

Category: Property Law | Date: | Hits: 30

Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)

.... for their 7/15th share in the home­stead land by maintaining the existing possession of co-sharers as far as possible causing least disturbance to other co-sharers in possession. 8. On the other hand, the respondents submit that the tower appellate Court's finding that defen­dant No. 1 was no ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dis­missed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..

Category: Property Law | Date: | Hits: 45

State Vs. Arman Ali and Others, 1987, 16 CLC (AD)

....ly and they were friends. There does not appear to be any reasonable sugges­tion as to what might have prompted the respondents to commit a deliberate act of murder. It was suggest­ed, on the other hand, by the defence that P.W. 1 and other witnesses had trouble over different matters with the res......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any infer­ence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..

Category: Criminal Law | Date: | Hits: 43

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

....ouncil 227; Safdar Ali V. Crown 5 DLR 107; Taleb v. State, 19 DLR (SC) 134; Abdur Rashid V. State, 14 DLR SC 263; Ghulam Mohammad v. Md. Sharif and the State, 21 DLR SC 206; Abdur Rashid Khondkar v. Chandu Master and others, 16 DLR (SC) 605; Mohiuddin A. Quader v. Emperor (1903) ILR, Mad. 238; Devi ...... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..

Category: Criminal Law | Date: | Hits: 52

Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)

....erest of the original tenant has not been determined. No case has been made out that the defendant Nos. 1 and 2, the original tenants, have transferred their interest to defendant No. 3. On the other hand, their own case is that since May, 1972 they have taken defendant No. 3 as partner in their com......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..

Category: Criminal Law | Date: | Hits: 47

Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)

....rred in holding that the appellant was a trespasser and further rejecting the order of temporary injunction upon such erroneous view. The learned advocate-on-record for respondent No. 1, on the other hand, submitted that the plaintiff having already transferred the land in favour of his brothers eve......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..

Category: Property Law | Date: | Hits: 29

Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)

....ase is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..

Category: Criminal Law | Date: | Hits: 105

Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)

....onviction and sentence. Criminal Appeal No.8 of 1977 was preferred by the complainant Aijuddin Matbar and Criminal Appeal No.9 of 1976 was preferred by the State. 2. Briefly stated, Abdur Rashid Khandker, a blind man being accompanied by his son Riton, P.W.7 was returning home from Habiganj ‘h......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...

Category: Criminal Law | Date: | Hits: 39

Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)

....Vs. Habibullah and others……..…..Respondents Judgment February 6, 1980. Cases Referred to- Makhanlal Nag Vs. Reajaddin Sepal (1961) 13 DLR 323; Syed Abdul Karim Vs. Harendra Chandra Dhupi (1962) 14 DLR 847; Salimuddin Mondal Vs. Mahitosh Biswas (1962) 14 DLR 796; Brojendra C......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..

Category: Property Law | Date: | Hits: 32

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

....his appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..

Category: Constitutional Law | Date: | Hits: 408

Moyezuddin and another Vs. State, 1977, 6 CLC (AD)

....tate................................Respondent Judgment December 7, 1977. Cases Referred to- Adalat Vs. The Crown, 41 956; 8 DLR (FC) 69, PLD 1956 (FC) 171. Lawyers Involved: Khandaker Mahbubuddin Ahmad, Advocate instructed by A. Rab-11, Advocate-on-Record - For the Appellant...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..

Category: Criminal Law | Date: | Hits: 41

Enamul Huq and another Vs. State, 2006, 35 CLC (AD)

....Mofazzal Hossain Sikder stated that on hearing hue and cry from the direction of the tubewell of the school, he rushed to the spot and found the deceased Shanu pressing the injury on the abdomen by hand and on enquiry Shanu reported that he had been stabbed by accused Enamul. Other P.Ws stated th...... 16.  In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 43

M Sahabuddin Vs. State, 2006, 35 CLC (AD)

....ng the impugned judgment which is liable to be set aside in the facts and circumstances of the case. 5. Mr. MA Rouf, the learned Deputy Attorney-General appearing for the State, on the other hand, contended that the High Court Division considered the facts and circums­tances of the cas......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 34

Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)

....uch as those documents have no force of law to be regarded as a decision of the Government. 12. Mr. TH Khan, the  learned  Senior Counsel appearing for the respondent, on the other hand, contended that the writ-petition is maintainable in the High  Court  Division beca......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 69

Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

....nt of Bangladesh and ors 41 DLR (AD) 165; Madras vs Chamapakan Dorairagan AIR 1951 SC 226; Union Krisan vs Andhra Pradesh AIR 1993 SC 2178; Kudrat-e-Elahi Panir vs Bangladesh 44 DLR (AD) 319 and Deepchand vs State of Uttar Pradesh (AIR 1959 SC 664). Lawyers Involved: M Zahir, Senior Advocate (......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..

Category: Constitutional Law | Date: | Hits: 221

State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)

....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ...... Sunamgonj and as a result of the aforesaid explosion two persons, namely, Abdul Kalam Babul and Arif Haider died and respondent No. 2 Abu Lais Chowdhury was injured and the materials used for making bombs were seized from there and thereafter Officer-in-charge of Chatak Police Station lodged an fir..

Category: Criminal Law | Date: | Hits: 184

Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)

.... Lawyers Involved:    Kh MS Hasan, Advocate (appeared with the leave of the Court) instructed by Md Nawab Ali, Advocate-on-Record— For the Appellant. NH Khandker (absent) — For Respondent Nos. 1, 3 &4. Not represented—Respondent N......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..

Category: Property Law | Date: | Hits: 26

Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)

....nce acquitted by the trial Court) and Shafiuddin Sheikh and Jaber Sheikh (the two appellants) and entered into the said land and the appellants Shafiuddin Sheikh and Jaber Sheikh caught hold of the hands of Abdul Gafur and then convict Aynul Sheikh dealt a spade blow on the head of Abdul Gafur w......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..

Category: Criminal Law | Date: | Hits: 42