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Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)

.... 5 Criminal Appeal No. 36 of 1984. Judgment: A.T.M. Afzal J. This appeal by leave is from judgment and order dated the 1st June 1988 passed by a Division Bench of the High Court Divi­sion, Dhaka refusing to interfere with an order of ac­quittal in revision. 2. Father of the appellant,......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..

Category: Criminal Law | Date: | Hits: 53

Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)

....and sen­tenced to Rigorous Imprisonment for two (2) years each. 9. The accused preferred appeal, Criminal Ap­peal No. 186 of 1981, against the order of conviction before the High Court Division, Dhaka. 10. At the hearing of the appeal a Suo Motu Rule was issued against accused Azimuddin and ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..

Category: Criminal Law | Date: | Hits: 55

Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)

....not yet began. Parties of both the cases being not identical. For all these reasons prayer for simultaneous trial is not tenable. The appeal is dismissed…(11 & 12) Case Referred to- 13 D.L.R. Dhaka 414. Lawyers Involved: Serajul Huq, Advocate, instructed by Sharifuddin Chaklader, Advoc......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282..

Category: Criminal Law | Date: | Hits: 48

Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)

....Re­spondent. Criminal Appeal No. 42 of 1986. Judgment: A. T. M. Afzal J. - This appeal by leave is from order dated 17 September 1986 passed by a Sin­gle Judge of the High Court Division, Dhaka sum­marily rejecting the petition of appeal of the appel­lants. 2. The appellants were pu...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ..

Category: Criminal Law | Date: | Hits: 97

Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)

....he accused-appellant making it conditional on payment of his fine is sustainable in law. The impugned order of the High Court Divi­sion is dated 5 April 1988 made in Criminal Appeal No. 723 of 1987 (Dhaka). 2. The appellant was convicted by the Divi­sional Special Judge, Rajshahi, by an order d......ill con­tinue on the bail and realisation of the fine will re­main stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ..

Category: Criminal Law | Date: | Hits: 56

Haruni Fisherman Co­operative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)

....o. 2. Not represented— For the Respondent Nos. 3-9 Civil Appeal No 18 of 1986. Judgment: Fazle Munim CJ:-This appeal arises from a judgment of a Bench of the High Court Divi­sion at Dhaka (Mr. Justice Sultan Hossain Khan and Mr. Justice Aminur-Rahman Khan) passed in Writ Petition N......i ever arises requir­ing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs.   Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..

Category: Property Law | Date: | Hits: 34

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

....-7 and 9-57 (gha)-Ex-parte Civil Appeal No. 41 of 1985. Judgment: Fazle Munim CJ.-This appeal arises from Civil Revision No.195 of 1982 decided by a Single Judge of the High Court Division, Dhaka (Ranadhir Sen, J;) on 14th February 1983. 2. Plaintiff-respondent filed Title Suit No. 45 o......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..

Category: Property Law | Date: | Hits: 35

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

....e com­plaints subsequent to this are barred by section 195 even in respect of anterior that is, to the litigation." 21. To my knowledge this view has been con­sistently followed in the erstwhile Dhaka High Court. Reference may be made to the case reported in 20 DLR Dhaka 66. I am not aware of a......ument is produced or giv­en in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..

Category: Criminal Law | Date: | Hits: 63

Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)

.... Ebadul Hoque, Advocate-on-Record, For respondent No. 5. Civil Appeal No. 92 of 1985. Judgment: Fazle Munim CJ. - This appeal arises from the or­der of a Bench of the High Courts Division, Dhaka (Mr. Justice Abdul Matin Khan Chowdhury and Mr. Justice Latifur Rahman) passed in Writ-Petitio......easons stated above, the appeal is dis­missed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..

Category: Property Law | Date: | Hits: 45

M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

....adul Huq, Advocate-on-Record - For the Respondent. (In all the appeals). Civil Appeal Nos. 10, 11 & 12 of 1987. (From the judgment and order dated 10.3.87 passed by the High Court Division, Dhaka, in Writ Petition Nos. 83 of 1985, 137 of 1985 and 21 of 1986.) Judgment Shahabuddin Ahm......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..

Category: Employment/Service Law | Date: | Hits: 112

The Province of East Paki­stan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....; 4-9. Not represented.- Respondent Nos. 2 (i) to 2 (iv)3(i) to 3(iii) and 10-18. Civil Appeal No. 172 of 1983. (From the judgment and order dated 3.5. 83 passed by the High Court Division, Dhaka in First Appeal No. 22 of 1970.) Judgment Fazle Munim CJ.- This appeal arises from a ju......of which this appeal has arisen stands abated with ef­fect from 11th September 1982. There will, howev­er, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..

Category: Property Law | Date: | Hits: 63

Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)

....-on-Record. -- For Respondents No. 1-50. Not Represented. - For Respondent No. 11. Civil Appeal No.6 of 1986. (From the judgment and order dated 25.11.1985 passed by the High Court Division, Dhaka in Writ Petition No. 435 of 1985.) Judgment: Badrul Haider Chowdhury J. - This ap­peal......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ..

Category: Constitutional Law | Date: | Hits: 174

Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

...., Advocate, instructed by Sharifuddin Chaklader, Advo­cate-on-Record- For the Respondent. Civil Appeal No. 2 of 1987 (From the Judgment and order date 6.4.86 passed by the High Court Division, Dhaka, in Civil Revi­sion No. 652 of 1985.) Judgment Shahabuddin Ahmed J. - This is plaintif......trial Court are set aside and the application under Or­der IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..

Category: Procedural Law | Date: | Hits: 89

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

....ate with him) instructed by N. H. Khandkar, Advocate-on-Record - For respondent No. 1 Civil Appeal No. 124 of 1983. (From the Judgment and Order dated 12.4.82 passed by the High Court Division, Dhaka in First Appeal No. 478 of 1986). Judgment: Fazle Munim CJ. - This appeal arises from Fi...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..

Category: Property Law | Date: | Hits: 47

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....ty and is of no legal effect…………………….(17, 18, 19 & 24) Cases Referred to- Godha Singh Jabra Singh vs. District Magistrate, Farozepur (AIR 1956 Panjab 33); The University of Dhaka vs. Zakir Ahmed, PLD 1965 SC 90 = 16 DLR (SC) 1 722. Lawyers Involved: S.S. Halder, Seni......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal ef­fect. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

....m) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Civil Appeal No. 24 of 1987. (From the judgment and order dated 9th July, 1987 passed by the High Court Division, Dhaka, in Writ Petition No. 57 of 1987.) Judgment Badrul Haider Chowdhury J.- This ap­peal b......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..

Category: Election Law | Date: | Hits: 118

Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)

....te-on-Record-For the Respondent Nos. 1-5. Ex-parte - Respondent Nos. 6-9. Civil Appeal No. 42 of 1984. (From the judgment and order dated 14th August, 1982 passed by the High Court Division, Dhaka Bench in Second Appeal No. 322 of 1964.) Judgment MH Rahman J.- Appellants along with r......s do not call for any modification by way of allowing the plain­tiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..

Category: Civil Law | Date: | Hits: 113

Government of Bangla­desh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....sitation in saying that the property in question of the respondent is not an abandoned property…….(26 & 37) If his habitual residence is in U.K. then his permanent residence is bound to be Dhaka, Bangladesh. Again, if his ordinary residence is taken as U.K. then again it is in Bangladesh ......Chowdhury 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: 40 DLR (AD) (1988) 116. ..

Category: Immigration and Citizenship Law | Date: | Hits: 214

Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)

....6 and 49. Ex parte—For Respondents Nos. 2-35(ch) 35(ja) ,35(Ta), 37-48 and 50-64. Civil Appeal No. 66 of 1985. (From the judgment and order dated 27.3.84 passed by the High Court Division, Dhaka in Civil Revision case No. 152 of 1983.) Judgment: A. T. M. Afzal J. - Defendant Nos. 2......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respon­dents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..

Category: Property Law | Date: | Hits: 34

Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)

....Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M.Afzal J Bangladesh and others ..................Appellants (In both appeals) Vs. Dhaka Lodge Welfare Society...........Respondent (In both appeals) Judgment June 22nd 1987. ......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..

Category: Property Law | Date: | Hits: 39