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Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

....ave of the Court) instructed by Sufia Khatun, Advocate-on-Record—For the Appellants Dr Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record—For Respondent No.1. Mohammad Ali Akanda, Deputy Attorney-General instructed by Mvi Md. Wahidullah, Advocate- on-Record â......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......1) 21. ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..

Category: Criminal Law | Date: | Hits: 48

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

.... Kashmira Singh vs State of Madhya Pradesh 1952 SCR (India) 526. Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Mohammad Ali Akanda, Deputy Attorney-General, instructed by B Hossain, Advocate-on- Record—For the......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..

Category: Criminal Law | Date: | Hits: 63

Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)

....l Amin J Shahanaz Begum.....................Petitioner Vs Md. Kutubuddin and others.......Respondents Judgment August 29, 2007. Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record—For the Pe......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 31

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....so reported in: 42 DLR (AD) (1990) 116 ......erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Nur Mohammad............................………………………………………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgmen......erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..

Category: Election Law | Date: | Hits: 124

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

....the Appellants. Rafique-Ul-Huq, Senior Advocate (M. Gholam Rabbani, Senior Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent Nos. 1(a) to 1(g) and 2. Mohammad Ali, Advocate in­structed by Abu Backkar, Advocate-on-Record—For Respondent No.3. Civ......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. ......ury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintif......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

Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)

....gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rah­man J ATM Afzal J Moulana Abdul Matin..................................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: ......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ..

Category: Election Law | Date: | Hits: 111

Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)

....is also Reported in: 42 DLR (AD) (1990) 83. ......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Ap­peal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......pellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Mohammad Julfikar………………......................Appellant Vs. Abul Kalam Chowdhury and others.....................Respondents (In Civil Appeal No. 40 of 1......in clear and unequivocal terms…(8) Cases Referred to- Musson V. Emile [1964] 1 WLR 337; Kirkness V. John Hudson & Co. Ltd. [1955] A.C. 696; Ormond Investment Co. V. Betts [1928] A.C. 143; A.K.M. Ruhul Amin Vs. District Judge and Appellate Election Tri­bunal, Bhola and others, 38 DLR (AD..

Category: Election Law | Date: | Hits: 125

Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)

.... C.S. Plot No. 19. Plain­tiffs case is that the heirs of Sonabi Bewa transferred the said lands to Ram Charan Ramani by a registered deed of sale dated 20.12.46 who in turn made a trans­fer to Mvi. Mohammad Elahadad on 22.3.47 except a small portion of C. S. Plot No. 16 which he had transferred to......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..

Category: Property Law | Date: | Hits: 32

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

....sa AIR 1966 S.C. 1775; Sheo Swarup and others vs. King Emperor AIR 1934 Privy Council 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 othe...... 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 ....... Moreover evidence of eye-witness have been corroborated by a disinterested witness. So such evidence of eyewitnesses cannot be discarded………………..(47 & 54) Cases Referred to— Nazir Vs. State 14 DLR (SC) 159; Niaz Vs. State 12 DLR (SC) 289; Bhagwan Swarup Vs. State of Maharashtra, ......arunur Rashid, Daroga of Banshkhali P.S. recorded the F.I.R., held inquest and preliminary enquiry and sent the dead body to Chittagong Medical College Hospital for postmortem ex­amination. P.W.8 Dr.A.K.M. Tarek, Lecturer in Fo­rensic Medicine of the said College, examined the dead body of Siraj A..

Category: Criminal Law | Date: | Hits: 52

Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)

....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..

Category: Criminal Law | Date: | Hits: 41

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

....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. ......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. ......Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors............................Appellants Vs. The State.................................Respondents Judgment December 6, 1988. Re......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

Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)

....isentitling the petitioner to get pre-emption for defect of party in the case pointed out at the earliest opportunity……………(6) Lawyers Involved: M. H. Khondkar, Senior Advocate (A. J. Mohammad Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For the ......t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..

Category: Property Law | Date: | Hits: 36

Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)

.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... 118. ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ..

Category: Property Law | Date: | Hits: 34

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

....s transferred, could apply for pre-emption within the specified time. Section 26F after amendment created a right of pre-emption which is somewhat akin to a co-sharer's right of pre-emption under the Mohammadan Law, but the right so created was not limited to the Muslim tenants only. It belonged onl......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. ......R (AD) (1979) 88. ......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

Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)

....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ...... (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..

Category: Criminal Law | Date: | Hits: 95

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ...... 64. ......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ..

Category: Employment/Service Law | Date: | Hits: 72

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

.... 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. ...... 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. ......t Appellate Division (Criminal) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Latif Mirza..............Appellant Vs. Government of Bangla­desh and other..............Respondents Judgment September 2, ...... 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

Chair­man, Inspecting Assistant Commissioner of Income Tax Vs. Khan Saheb Ata Md. Khan, 1978, 7 CLC (AD)

....aluddin Hossain CJ Fazle Munim J Ruhul Islam J E Rahman, Chair­man, Inspecting Assistant Commissioner of Income Tax, Chittagong & others.........Appellants Vs. Khan Saheb Ata Mohammad Khan...........Respondent Judgment February 14, 1978. Lawyers Involved: AKM......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ......l) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J E Rahman, Chair­man, Inspecting Assistant Commissioner of Income Tax, Chittagong & others.........Appellants Vs. Khan Saheb Ata Mohammad Khan...........Respondent Judgment February 14, 1978. La......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

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

.... 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. ...... 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. ......(Criminal) Present : Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Enamul Huq and another..........................................Petitioner Vs. The State...........................Respondent Judgment February 1, 2005 ......ds the south. On hearing hue and cry, Kulsum and Latifa came to the place of occurrence and P.W.2 Maksudur Rahman and Kulsum and Latifa took the deceased Shajahan @ Shanu to the residence of P.W.8, A.K.M. Fazlul Haq, Head Master of Keshabpur High School situated in the school compound. Deceased ..

Category: Criminal Law | Date: | Hits: 43

Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)

....stance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayu...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 24