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Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)

.... (AD) (1989) 92 ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... 41 DLR (AD) (1989) 92 ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..

Category: Others | Date: | Hits: 106

Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)

....ra Narain Singh AIR 1981 Patna 133 and Harisadhan De vs. Radhika Prosad AIR 1938 Cal. 202, State of Bihar vs. Subodh Gopal AIR 1968 SC 281. Lawyers Involved: M.H. Khandker Senior Advocate (A.J. Mohammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For the A......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ...... ......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..

Category: Property Law | Date: | Hits: 36

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

....rting with these cases, we would like to put on record our appreciation for the valuable as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......rting with these cases, we would like to put on record our appreciation for the valuable as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......ppellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M H Rahman J ATM Afzal J A.F.M. Shah Alam...........Appellant (In Civil Appeal No. 40 of 1988) Vs. Mujibul Huq & Others………Respondents (In Civil Appeal No. 40 of 1988) Mozammel Hos......rting with these cases, we would like to put on record our appreciation for the valuable as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..

Category: Election Law | Date: | Hits: 165

Executive Engineer, Pub­lic Health, Barisal Divi­sion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....t: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Executive Engineer, Pub­lic Health, Barisal Divi­sion, Barisal………………….Appellant Vs. Mohammad Ali & ors.............. Respondents Judgment February 15, 1989.   The Limitat......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Executive Engineer, Pub­lic Health, Barisal Divi­sion, Barisal………………….Appellant Vs. Mohammad Ali & ors.............. Respondents Judgment February 15, 1989.   The ......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..

Category: Employment/Service Law | Date: | Hits: 103

Abdul Kader & ors. Vs. A. K. Noor Moham­mad & ors., 1984, 13 CLC (AD)

....ma­nent injunction restraining the defendants from dispossessing the appellants from the suit premises was also made. Facts stated in the plaint are that the suit premises belonged to one Noor Mohammad Bepari who gave permission to the plaintiff appellants to enter into and live in the suit ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......; Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Kader & ors……………….................................... Appellants Vs. A. K. Noor Moham­mad & ors……...........................….......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..

Category: Property Law | Date: | Hits: 36

Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)

....eme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Mohammad Mohsen Ali J Md. Joynal and ors................................Appellants ...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......drul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Mohammad Mohsen Ali J Md. Joynal and ors................................Appellants Vs. Md. Rustam Ali Mia & ors........................Respondent Judgment ...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..

Category: Property Law | Date: | Hits: 42

Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)

....e Buneanee 7 SDA 273; Grida Lal Vs. Bengal Govt. (1963) 12 MIA 448, Visvanatha Vs. Duraiswami Mudali AIR 1926 Mad. 259; Hiralal Vs. Tripura Charan 40 Cal 650 F.B. Lawyers Involved: Mohammad Roushan Ali, Advocate instruc­ted by A. N. M. Manzurul Hasan, Advocate-on-Record &mda......as well as of the trial Court and the lower Ap­pellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......MA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Geeta Rani alias Shamima Khatun………..........Appellant Vs. Bangladesh..........................Respondent Judgment March 28, 1984......as well as of the trial Court and the lower Ap­pellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..

Category: Property Law | Date: | Hits: 112

Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)

.... matter has been trans­ferred. In the result therefore this appeal is dis­missed. No costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 153. ...... matter has been trans­ferred. In the result therefore this appeal is dis­missed. No costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 153. ......der Chowdhury J   Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Huque...........................................Appellant Vs. Mrs. Zainab Begum & others .........................Respondent Judgment ...... matter has been trans­ferred. In the result therefore this appeal is dis­missed. No costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 153. ..

Category: Others | Date: | Hits: 93

M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)

....mber, 1962. Appellant No. 2 is a resi­dent Director holding 19,000 shares of the company since 1962. Other Directors are (1) Ashraf A. Ganny, a British national hold­ing 11,500 shares, (2) Mohammad Ali Ganny, a British national holding 10,000 shares, (3) Arif Ahmed, a Bangladeshi nationa......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......;dhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Gannysons Ltd. & another......................................Appellants Vs. Sonali Bank & ors.........................................................Respond......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..

Category: Property Law | Date: | Hits: 47

BD Inland Water Transport Cor­pn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)

....ellip;…(18)  Cases Referred to- M.L. Madina vs. M.L. Jalamoni, 30 DLR 149; Arraiz 16 Asp MLC 451; P.L.M. 8; Kashmir 16 Asp MLC 81. Lawyers Involved: Shah Mohammad Sharif, Advocate instruc­ted by Mvi. Md. Wahidullah, Advocate-on Record—For the ......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ...... Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Inland Water Transport Cor­poration…………….........................Appellant Vs. M/s. Seres Shipping Incorporated & ors........................................&he......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 204

Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)

.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 77. ...... (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J  Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Dabiruddin Ahmed @ Lablu.......................................Appellant Vs. Dr. ......Chowdhury J  Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Dabiruddin Ahmed @ Lablu.......................................Appellant Vs. Dr. Chittaranjan Deb Nath & others.......................Respondent Judgm...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 77. ..

Category: Criminal Law | Date: | Hits: 58

Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)

....is wife Rahima Khatun and complainant Tofazzal Hossain conveying 13 bighas of land and got them registered on Commission at his house on 5-5-65. Further prosecution case was that respondent No. 1 Mir Mohammad Akand, sister's son of Asiruddin, with the help of other respondents forged and fabri­cate...... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Tofazzal Hossain Shaikh................................ Appellant Vs. Mir Md. Akand & ors……….........................Respondents Judgment Octobe...... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..

Category: Anti-Corruption Laws | Date: | Hits: 112

Abdul Karim Meah Vs. Arch Bishop, Chris­tian Missionaries and another, 1984, 13 CLC (AD)

....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 38. ......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 38. ......howdhury J Shahabuddin Ahmed J   Chowdhury A.T.M. Masud J  Syed Md. Mohsen Ali J Abdul Karim Meah..................................Appellant Vs. Arch Bishop, Chris­tian Missionaries and another.......................Respondents......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 38. ..

Category: Civil Law | Date: | Hits: 87

Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)

....or declaring the impugned order illegal……………….(19)  Cases Referred to- Government of Bangladesh Vs Md. Ismail Hossain, 31 DLR (AD) 127; Mohammad Siraj Vs Pakistan, PLD 1967 Dacca 820; Mokhtar Ahmed Vs. Mohammad Hossain, PLD 1955 (Sind)......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception.   The petition for leave to appeal is accor­dingly dismissed." ...... FKMA Munim CJ B H Chowdhury J S. Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Saleh Ahmed Joarder................................. Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception.   The petition for leave to appeal is accor­dingly dismissed." ..

Category: Employment/Service Law | Date: | Hits: 105

State Vs. Shafique and others, 1991, 20 CLC (AD)

....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ...... Appellate Division (Criminal) Present: MHR Rahman J Mustafa Kamal J Latifur Rahman J State………………..Appellant Vs. Shafique and others…........... Respondents Khokan and another........Acc......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 49

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on­-Record-For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal Appeal No. 19 of 1989. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Alhaj Md. Serajuddowlah……........Accused-Appeallant Vs. The State………………......................Responden...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)

.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......riminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State………....................Appellant Vs. Khasru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment N...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 38

Modern Shipping Agencies Vs. Central Inland Water Trans­port Corpn. Ltd. & anr, 1991, 20 CLC (AD)

....e and Settlement Commissioner, Sukkur and others 21 DLR (SC) 139 = PLD 1969 SC 167; Chowdhury Saifuddin Ahmed Vs. Shamsuddin & others 40 DLR (1989) 10; Mt. Kulsoomun Nissa and another Vs. Noor Mohammad @ Sultan Haider and another AIR 1936 (Allahabad) 666; Firm Kaura Mal Vs. Firm Mathra Dass ......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......il) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Modern Shipping Agencies………..........Plaintiff-Appellant Vs. Central Inland Water Trans­port Corporation Limited and another......... Defendant-R......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ..

Category: Procedural Law | Date: | Hits: 104

Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)

.... Ed. ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Ashraf Ali Molla (In both the appeals) ...............Appellant Vs. Rajeswar Ghose & others (In both the appeals) ....................Respondents ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 31

The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)

....n the night following 14th Sraban 1388 BS corresponding 30.7.81 the respondent Mofazzal Hossain, at the instigation of his father, Ekabbar Ali, mother, Momena Bibi and uncles, Majibur Rahman Pk., and Mohammad Ali Pk., brutally killed his wife Halima. In that night at about 10.00 PM the accused Ekabb......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......ismissed, Ed. ......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..

Category: Criminal Law | Date: | Hits: 49