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

....on (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Aynul Sheikh and others........Petitioners vs State.................................Respondents Judgement July 19, 2005. La......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. ......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. ......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

AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)

.... Syed JR Mudassir Husain CJ Md Fazlul Karim J    Amirul Kabir Chowdhury J AKM Shamsuddin alias Kalam Doctor and other......Petitioners vs State.................................Respondent Judgment June 22nd, 2005. Lawy......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 46

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

.... Tamijuddin Khan; 7 DLR (FC); 9 DLR (SC) 177, 178; 18 DLR (SC) 69; 32 DLR (AD) 233 Bangladesh vs. Hazi Abdul Gani; 17 DLR (SC) 384 Shamsuddin vs. Capt.Gauhar 1 Ayub; 35 DLR 362 Md. Mustafa Mandal Vs. State; 41 DLR 395 Nurul Huda vs. Baharuddin; 26 DLR (SC) 17; 34 DLR (AD) 110 Al Sayar Nav vs. Delia ...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secre­tary, Ministry o......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

....reme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: The appe......here Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: ...... High Court Division is set aside. Conviction and sentence of ac­cused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... High Court Division is set aside. Conviction and sentence of ac­cused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..

Category: Criminal Law | Date: | Hits: 159

Abul Kashem and oth­ers Vs. State, 1989, 18 CLC (AD)

....ellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Abul Kashem and oth­ers............. Appellants Vs. The State……………………………………Respondent Judgment January 30, 1989 The Pe......urt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Abul Kashem and oth­ers............. Appellants Vs. The State……………………………………Respondent Judgment January 30, 198......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..

Category: Criminal Law | Date: | Hits: 57

Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)

...., instructed by Sharifuddin Chaklader, Advocate-on-Record, — For the Appel­lant. B. Hossain, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 2 (State). M.A. Wahhab Miah, Advocate, instructed by Md. Altab Hossain, Advocate-on-Record — For R......ourt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah­man J A.T.M. Afzal J Mohammad Musa..........................Appellant. Vs. Kabir Ahmed & anothers.................Respondents Judgment January 25, 1989. The P......lly proved. It was accepted by all the three Courts below. We find no reason to in­terfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......lly proved. It was accepted by all the three Courts below. We find no reason to in­terfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..

Category: Criminal Law | Date: | Hits: 44

Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)

....preme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Tayeb Ali and others.......................Appellants Vs. The State....................................Respondents Judgment January 29, 1989. The Penal ......989) 147......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..

Category: Criminal Law | Date: | Hits: 49

Bangladesh House Build­ing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ...... Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Bangladesh House Build­ing Finance Corporation....................Appellant Vs. Abdul Mannan, Advocate and others……...............................Respondents Judgment......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..

Category: Property Law | Date: | Hits: 41

Syed Nizamuddin Mohsin Vs. People's Republic of Ban­gladesh, 1989, 18 CLC (AD)

..... Afzal J Syed Nizamuddin Mohsin being dead his heirs Setara Begum & Others.........Appellant Vs. People's Republic of Ban­gladesh........Respondents Judgment December 1, 1988. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 86(1) (2) (3) as amended by the St......ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J A.T.M. Afzal J Syed Nizamuddin Mohsin being dead his heirs Setara Begum & Others.........Appellant Vs. People's Republic of Ban­gladesh........Respondents Judgment December 1, 1988. The ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..

Category: Property Law | Date: | Hits: 42

Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)

....stainable on the principle that it is not known to what extent the bad ground influenced the forming of the decision……………………….(13 & 14) Cases Referred to- Ashok Kumar Yadav vs. State of Haryana, AIR 1987 SC 454 Lawyers Involved: Maksum-ul-Hakim, Senior Advocate, (Sk. Afz......ent: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Mozibur Rahman............................................................................ Appellant Vs. The Chairman, Dhaka Improvement Trust, D.I.T. Building, Dhaka & others.......Respondents J......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..

Category: Employment/Service Law | Date: | Hits: 89

Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din Vs. State, 1987, 16 CLC (AD)

....) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din...................Appellant Vs. The State....................................................... Respondent Judgment November 8, ...... (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din...................Appellant Vs. The State....................................................... Respondent Judgment N......­lowed. The impugned orders of conviction and sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......­lowed. The impugned orders of conviction and sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..

Category: Criminal Law | Date: | Hits: 59

Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)

....Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Abdul Gufur and others.......................... Appellant Vs. The State and another...........................Respondents Judgment November 1, 1987. The Code......27......ned judgement does not suffer from any infirmity. At this stage we need not en­quire into the merit of the case. The appeal is dis­missed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ned judgement does not suffer from any infirmity. At this stage we need not en­quire into the merit of the case. The appeal is dis­missed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127..

Category: Criminal Law | Date: | Hits: 45

Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)

....pellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah­man J A.T.M. Afzal J Abdul Hakim @ Lokman Hakim............Appellant Vs. The State………………………………………………Respondent Judgment Augusts, 1987. ......ourt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah­man J A.T.M. Afzal J Abdul Hakim @ Lokman Hakim............Appellant Vs. The State………………………………………………Respondent Judgment Augu......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126..

Category: Criminal Law | Date: | Hits: 61

Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)

....vidence in respect of the alleged sale of .02-1/2 deci­mals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Sona Mia Bepari & ors................Appellants Vs. Jamila Khatun & ors…………………………………........... Respondents Judgment......vidence in respect of the alleged sale of .02-1/2 deci­mals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......vidence in respect of the alleged sale of .02-1/2 deci­mals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..

Category: Property Law | Date: | Hits: 33

S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)

.... DLR (AD) (1989) 112...... in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..

Category: Criminal Law | Date: | Hits: 53

Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)

....llate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Iqbal @ Salim..................................Appellant Vs. State................................................Respondent Judgment August 7, 1988. T...... Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Iqbal @ Salim..................................Appellant Vs. State................................................Respondent Judgment August 7, 19......lant will contin­ue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......lant will contin­ue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ..

Category: Criminal Law | Date: | Hits: 53

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

....vs. Ghulam Hassan AIR 1944 Lah 417. In Nunia Mai vs. Maha Dev AIR 1962 Punjab 299, Parbhawati Devi vs. Mahendra 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 Advoca...... ......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)

....ellant in one of the appeals, contended that the Election being a sine qua non for democracy necessitates the election of the representatives of the people for sustaining democratic structures of the State. Mr. Pal contended that "election" in popular parlance means the date of poll, but in reality ......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. ......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)

....ld in Pa­kistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371: "It seems to me that if the dismissal was wrongful, then it was due to no fault of the ser­vant that he was prevented from serving the State. If he is to be treated by virtue of the dec­laration by the Court as being still in servic...... 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......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

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

.... Parliament is not discriminatory but is constitutionally valid. Cases Referred to- AIR 1971 SC 530 (564); Southern Rly Co. V. Greane, 216 U.S. 400; Smt. Indira Gandhi V. Raj Narayan, AIR 1975; State of West Bengal v. Anowar Ali Sarkar, AIR 1952, SC 75; Dhirendra Kumar Vs. Government of West B......ourt Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Sheikh Abdus Sabur................................Appellant Vs. Returning Officer, District Education Officer-in-charge, Gopalganj & others.....Responden......the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ......the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ..

Category: Election Law | Date: | Hits: 212