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Altaf Hossain Vs. State, 1997, 26 CLC (AD)

....field when the aforementioned accused persons including the appellant forming an unlawful assembly entered into the paddy field armed with dangerous weapons. Accused Hafizur Rahman had a gun in his hand who passed an order to finish the informant party. At once accused-appellant Altaf with an axe......nd order are set aside.  Let the appellant be released forthwith if not wanted in any other case.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..

Category: Criminal Law | Date: | Hits: 104

Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)

....pation for providing his sons in business. By serving notice by registered post under section 106 of the Transfer of Property Act on August 14, 1986, he terminated the tenancy and asked the tenant to hand over possession of the shop room but the tenant did not vacate the said shop room. Hence the su...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..

Category: Tenancy Law | Date: | Hits: 93

Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)

....rport Manager received them. The Security Officer of the Airport accused Md Abu Taher Miah (since acquitted by the High Court Division) was also present with the Airport Manager. Both of them shook hands with the two foreigners and the appellant Airport Manager made a gesture to the Security Off......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed.     This Case is also Reported in: 50 DLR (AD) (1998) 108. ..

Category: Criminal Law | Date: | Hits: 130

Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

....t lawful authority, all the more so, because government will also not deny that the susceptibilities of the tribal people should not be ignored………………..(29) Lawyers Involved:  Khandker Mahbubuddin Ahmed, Senior Advocate (SM Munir Advocate with him) instructed by Sajjadul Huq, ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed.   This Case is also Reported in: 50 DLR (AD) (1998) 73. ..

Category: Civil Law | Date: | Hits: 203

Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)

.... scope for further lenience demonstrated by the Administrative Tribunal and the Administrative Appellate Tribunal in the impugned orders. 6. The learned Counsel for respondent No. 1 on the other hand, argued that the nine charges established against the respondent were of minor nature and it wa...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..

Category: Administrative Law | Date: | Hits: 145

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....o.1 be forbidden from seeking to prevent or delay the petitioner (mother) from bringing the detenu children to the jurisdiction of the said court and further directing that respondent No.1 forthwith hand over the children to the physical care of the petitioner(mother) and that they remain in the in......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..

Category: Family Law | Date: | Hits: 250

Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)

....vidence and confirmed the judgment of the trial court.  Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate–on-Record — For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the ......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..

Category: Property Law | Date: | Hits: 86

Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)

....e invalid. 8. Mr. SR Karmaker appearing for the appellant relied on paragraph 437 of Mulla’s ‘Principles of Hindu Law’ (eleventh edition) and also on “A Treatise on Hindu Law’ by Golapchandra Sarkar Sastri (sixth edition), chapter III on marriage to argue that there are two ceremonies......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..

Category: Family Law | Date: | Hits: 212

Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)

....exercise of discretion unless to prevent a perverse order. Lawyers Involved: Jamiruddin Sirker, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate-on-Record- For the Petitioner. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..

Category: Others | Date: | Hits: 112

Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)

....dent No. 1 committed gross professional misconduct; that the complainant can neither read nor write in Bengali and taking advantage of her dependence and helplessness respondent No. 1 induced her to hand overall her valuable deeds and documents to him and in flagrant violation of her trust, illegal......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..

Category: Others | Date: | Hits: 105

Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)

....uently entered into an agreement with him for sale thereof at a consideration of Taka 55,501.00 out of which Taka 50,001.00 had already been paid as earnest money. 2. Defendant No. 3, on the other hand, pleads that Kunja Lal left another son named Rangershwar, besides the three sons mentioned abo......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ..

Category: Property Law | Date: | Hits: 82

Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)

.... The trial Court closely scrutinized and noticed the contradictions in the evidence of the plaintiffs’ witnesses and the broad circumstances bearing upon the case. The appellate Court, on the other hand, without specifically adverting to the findings and reasonings of the trial Court had independe......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..

Category: Property Law | Date: | Hits: 88

Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)

....Sajjadul Huq, Advocate-on-Record— For the Appellant. Khademul Islam Chowdhury, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 1. Khandker Mahbubuddin Ahmed, Senior Advocate (M Zahir, Senior Advocate and SM Munir Advocates with him......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..

Category: Procedural Law | Date: | Hits: 138

Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)

....sion case arose out of a suit, Title Suit No. 71 of 1982 for permanent injunction in respect of .19-1/2 acres of land comprised within a plot measuring 2.07 acres. The learned Munsif , First Court, Chandpur decreed the suit in favour of the plaintiffs and the decision was upheld by the learned Subo......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..

Category: Property Law | Date: | Hits: 83

Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)

....ersion rate of Taka 42.00 per US dollar from the principal defendant-respondent Nos. 1 to 5. The case of the appellant was that he is a businessman carrying on the business of ship repairer and ship chandler, watchman, chipping and painting, engine store and bunker supplier under the name and style ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for.  Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 202

Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)

....ny right, title and interest over 90 decimals of - ‘Kha’ schedule land and further declaration that the plaintiffs are the owners of ‘Ga’ schedule land and that defendant No. 1 be directed to hand over vacant possession to the plaintiffs within 30 days from the date of the decree. 4. Bef......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..

Category: Property Law | Date: | Hits: 101

Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)

....o thereafter by kabala dated 29th August 1938 sold the remaining 8 annas share to them and accordingly, they became owners of 12 and odd annas share of the suit land The defendants, case on the other hand , one Yasin Ali had jote right in the suit land under Sajjad Ali and others. The said Yasin Ali......e, we are of the view that the High Court Division did not commit any error in allowing the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ..

Category: Property Law | Date: | Hits: 76

State Vs. Nurul Islam, 2006, 35 CLC (AD)

....ar then three accused persons stopped the rickshaw and one of them struck Monowar Hossain Bepari on his neck with the butt of a revolver and placing the revolver on his chest forcibly snatched away a hand bag containing TK. 38,000/-clothes and a citizen calculator, the other accused snatched away a ......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ..

Category: Criminal Law | Date: | Hits: 106

Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)

.... No. 127 of 1984 the same stood abated and as such both the learned Assistant Judge and the High Court Division committed an error of law in not dismissing the said Misc. case.  5. On the other hand Mr. T.H. Khan, learned Advocate appearing for the Respondents, referred to the statements made ...... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ..

Category: Procedural Law | Date: | Hits: 83

Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

....t respec­tively. The case of the plaintiffs, in short, is that 'Ka' and 'Kha' schedule suit lands originally belonged to Raja Amiya Narayan Sannayal of Putia Raj Estate. Khailash Chandra Mahantau and Ishwar Chandra Mahantu took pattan of the suit lands from the Putia Raj Estate. ......n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ..

Category: Property Law | Date: | Hits: 63