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Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)

....thers 40 DLR (AD) 282. "There cannot be any objection in law to the two cases being heard by separate judges but it has been held in many decisions of the High Court (vide 13 DLR Dhaka 414) that it is desirable that a case and a counter-case in respect of the same occurren...... ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdus Sobahan Howlader and ors………………….Appellants Vs. State   ................................Respondents Judgment Novembe......nted in connection with any other case.               Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..

Category: Criminal Law | Date: | Hits: 40

Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)

.... -Record- For the Respondent No. 1. Not Represented -Respondent Nos. 2-5. Civil Appeal No. 52 of 1992. (From the Judgment and Order dated 17 November, 1991 passed by the High Court Division, Dhaka in Civil Order No. 7174 of 1991). Judgment ATM Afzal J.- This appeal by leave is from an...... also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Latifur Rahman J Babar Ali Pramanik and others ……………………Petitioners-Appellants  Vs. Mosar Ali Pramanik and others……...............Plaintiff-Respondents  Judgment ......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ..

Category: Procedural Law | Date: | Hits: 111

Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)

.... Respondent No. 7-Ex parte Respondent Nos. 8-18-Not represented Civil Appeal No. 30 of 1988. (From the Judgment and order dated 4.7.85 passed by the High Court Division, Dhaka in Civil Revision No. 84 of 1983). Judgment:       &n......sp;                             Vs. Hosne Ara Begum and others....................... Pre‑emptee-Respondents Judgment April 21st, ......llant                                 Vs. Hosne Ara Begum and others....................... Pre‑emptee-Respondents J......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..

Category: Property Law | Date: | Hits: 72

Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)

.... Mustafa Kamal J Latifur Rahman J Alfu Miah and others.......................... Appellants Vs. Government of the Peoples Republic of Bangladesh represented by the Deputy Commissioner Dhaka & others ……………………............Respondents Judgment January 19, 1993. R...... This case is also reported in: 45 DLR (AD) (1993) 112 ...... 112 ......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ..

Category: Limitation Law | Date: | Hits: 271

Sompong Vs. State, 1993, 22 CLC (AD)

....General ,instructed by A W Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No. 6 of 1992 (From the Judgment and order dated 5.12.91 passed by the High Court Division, Dhaka in Criminal Appeal No. 445 of 1989). Judgment:       &...... Appellant. Shamsul Alam, Deputy Attorney‑General ,instructed by A W Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No. 6 of 1992 (From the Judgment and order dated 5.12.91 passed by the High Court Division, Dhaka in Criminal Appeal No. 445 of 1989......llate Division (Criminal) Present: AM Rahman J ATM Afzal J   Mustafa Kamal J Latifur Rahman J Sompong.............Accused-Appellant Vs. State …..............Respondent Judgment January 18th, 1993. ......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..

Category: Criminal Law | Date: | Hits: 62

Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)

....oner. Not Represented –The Respondents. Civil Petition for Leave to Appeal No. 355 of 1989. (From the Judgment and order dated 6.6.89 passed by the High Court Division, Dhaka, in Writ Petition No. 113 of 1987). Judgment:       &nb......med, CJ MH Rahman J ATM Afzal J Latifur Rahman J. Serajul Islam .................................Petitioner Vs. Bangladesh Consumer's Supply Company Ltd. and another .............Respondents Judgment August 16th, 1990.  Lawyer......n (Civil) Present: Shahabuddin Ahmed, CJ MH Rahman J ATM Afzal J Latifur Rahman J. Serajul Islam .................................Petitioner Vs. Bangladesh Consumer's Supply Company Ltd. and another .............Respondents J......sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ..

Category: Labour and Industrial Law | Date: | Hits: 79

Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)

.... CA No. 31 of 1991] Bangladesh Steel and Engineer­ing Corporation, represented by its Secretary………….. Appellant [In CA No.40 of 1991] Vs.  Dhaka Steel Works Ltd & others ………...................Respondents [In both ......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh, represented by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engin.........Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engineer­ing Corporation, represented by its Secretary………….. Appellant [In CA No.40 of 1991] Vs.  Dhaka Steel Works Ltd & others ………...................Resp......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..

Category: Property Law | Date: | Hits: 65

Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)

....G instructed by Md. Nawab Ali, Advocate-on -Record -For the Respondent Criminal Appeal No. 14 of 1992. (From the Judgment and order dated 01.7.1992 passed by the High Court Division, Dhaka in Criminal Appeal No. 1066 of 1990). Judgement:       ......66 ......al) Present: M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Saidur Rahman Neuton and others……...........Accused-Appellants Vs. State………….Respondent Judgment January 5th, 19...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ..

Category: Criminal Law | Date: | Hits: 66

Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)

.... at the relevant time the General Secretary of the BCCI Employees Union, was dismissed from service on 16.2.88 for misconduct. Upon his filing complaint Case No. 19 of 1988, the First Labour Court, Dhaka held the order of dismissal to be legal but in view of severity of sentence converted it to ...... Present:   MH Rahman J   ATM Afzal J   Mustafa Kamal J   Latifur Rahman J.   Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant   V...... Mustafa Kamal J   Latifur Rahman J.   Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant   Vs.   Tajul Islam Chowdhury and another…………….......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ..

Category: Labour and Industrial Law | Date: | Hits: 100

Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)

....2 passed by the High Court Division in Criminal Revision No. 646 of 1992). Judgment M H Rahman J.- These six petitions, arising out of Special Case No. 11of 1992 of the Court of Special Judge, Dhaka, were heard together and are now disposed of by this judgment. 2. On April 14, 1991 an Offi......ushan Ershad ....................Petitioner [Criminal Petition No. 118 of 1992] Abdus Shukur Prodhan ..........................Petitioner [Criminal Petition No. 1 19 of 1992] Md. Shahinur Islam and another.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitio.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitioner [Criminal Petition No. 121 of 1992] Abdul Wadud Khan .... Petitioner [Criminal Petition No. 122 of 1992] Vs. State…………. Respondent [In all Petitions] Judgment November 26, 1992. Lawyers......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..

Category: Anti-Corruption Laws | Date: | Hits: 302

Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)

....l Gafur, Advocate-on-Record -For the Respondent No. 2. Civil Appeal No. 25 of 1992. (From the judgment and order dated June 19, 1991 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 34 of 1988). Judgment:         ......n (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment January 31st, 1993.  Cases ......upreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment Jan......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..

Category: Administrative Law | Date: | Hits: 125

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

.... by Sharifuddin Chaklader, Advocate-on-Record -For the Respondent. Civil Appeal No. 7 of 1990. (From the judgment and order dated 8.8.90 passed by the High Court Division, Dhaka in First Appeal). Judgment:        &......n Vs. Jansen [1965] 3 All. ER 363 ; Pettitt Vs. Pettitt [1969] 2 All E.R. 385; KK Das Vs. Amina Khatun, AIR 1940 Cal. 365; Thakoor Chunder Poramanick Vs. Ramdhon Bhuttacharjee. 6 Suth WR 228 (1713) and Ramsden Vs. Dyson [18661 LR I HL, 129; Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135; Gooroo ......Appellant vs. Mrs. Hameeda Banu..................Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All 517(519); Hine Vs. Hine [1962......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..

Category: Property Law | Date: | Hits: 80

Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)

....Plaintiff-Petitioner Vs. Ainuddin Ahmed and others………….... Defendants-Respondents Judgment July 7, 1991. Case Referred to- PLD 1953 (Dhaka) 183. Lawyers Involved: AK Badrul Huq, Advocate at present instructed by Md. Af......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Alhaj Mokter Hussain Talukder ..................................Plaintiff-Petitioner Vs. Ainuddin Ahmed and others………….... Defendants-Respondents Judgment July 7, 19...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Alhaj Mokter Hussain Talukder ..................................Plaintiff-Petitioner Vs. Ainuddin Ahmed and others………….... Defendants-Respondents ......h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ..

Category: Property Law | Date: | Hits: 63

Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)

....on 56(c) of the Specific Relief Act which provides that no injunction can be granted to stay proceedings in any criminal matter. 2. The trial Court, the learned Subordinate Judge, 1st Court, Dhaka rejected the defendant­- respondents application under Order VII, rule 11 CPC in Title Su......                              Vs. Momtaz Begum and others...................................Respondents Judgment December 3rd, 1992......;                                  Vs. Momtaz Begum and others...................................Respondents Judgment ......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ..

Category: Property Law | Date: | Hits: 81

Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)

....ul Quashem Bhuiyan, Advocate- on - Record -For the Respondents. Civil Appeal No. 51 of 1990. (From the Judgment and Order dated 10 December, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 1609 of 1989). Judgment:       &nb......ellant. Syed Ishtiaq Ahmed, Senior Advocate, instructed, by Abul Quashem Bhuiyan, Advocate- on - Record -For the Respondents. Civil Appeal No. 51 of 1990. (From the Judgment and Order dated 10 December, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 160...... Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J. Giasuddin Bhuiyan (Md)...................Appellant Vs. Chairman, Bangladesh Power Development Board & others................ Respondents ...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..

Category: Criminal Law | Date: | Hits: 71

Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)

....No. 1. B Hossain, Advocate-on-Record - For the Respondent No. 2. Criminal Appeal No. 3 of 1992. (From the Judgment and Order dated 30.10.91 passed by the High Court Division, Dhaka, in Criminal Revision No. 1889 of 1991). Judgment:     &nbs......abuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Islam Ali Mia alias Md. Islam .....................Appellant Vs. Amal Chandra Mondal and another..........................     Respondents Judgme......resent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Islam Ali Mia alias Md. Islam .....................Appellant Vs. Amal Chandra Mondal and another..........................     Respon......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ..

Category: Criminal Law | Date: | Hits: 43

Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)

....ted by Md. Sajjadul Huq, Advocate-on-record - For the Respondent. Civil Appeal No. 62 of 1985. (From the judgment and order dated 24th June 1984, passed by the High Court Division, Dhaka Bench, in SMA No. 16 of 1972). Judgment:        &n...... of East Pakistan, 11 DLR (SC) 316; A. Roberio Vs. Labour Appellate Tribunal, 27 DLR 98; 9 DLR 674; 13 DLR (SC) 139; 16 DLR (SC) 281; Hashem Ali Howlader & others Vs. Province of East Pakistan and others, 20 DLR 18 (1968); SM Nurul Huq Vs. Province of East Pakistan and another, 25 DLR 476. ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Latifur Rahman J Government of Bangladesh .............................Appellant. Vs. Shakhipur Islamia High School....................................Respondent Judgm......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..

Category: Property Law | Date: | Hits: 64

Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)

.... 1. Not Represented ‑Respondent No. 2. Civil Petition for leave to appeal No. 121 of 1990. (From the judgment and order dated 27.2.90 passed by the High Court Division, Dhaka in Civil Revision No. 575 of 1987). Judgment:       &n......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shahabuddin ................................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31st, 1991. Lawye...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shahabuddin ................................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ..

Category: Property Law | Date: | Hits: 49

State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)

....dvocate, instructed by Md. Aftab Hossain, Advocate- on­-Record-For the Respondent. Criminal Appeal No. 19 of 1990 (From the judgment and order dated 10.11.88 passed by the High Court Division, Dhaka, in Criminal Appeal No. 558 of 1987). Judgment Shahabuddin Ahmed CJ.- I have gone throu......ate-on- Record­-For the Appellant. Serajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on­-Record-For the Respondent. Criminal Appeal No. 19 of 1990 (From the judgment and order dated 10.11.88 passed by the High Court Division, Dhaka, in Criminal Appeal No. 558 of 198....... ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ..

Category: Criminal Law | Date: | Hits: 132

AHM Siddique Vs. State, 1993, 22 CLC (AD)

....rney General, instructed by M Nawab Ali, Advocate-on-Record­ - For the Respondent. Criminal Appeal No. 9 of 1988. (From the order dated 23.2.88 passed by the High Court Division, Dhaka, in Criminal Appeal No. 54 of 1988). Judgment:       &......so reported in: 45 DLR (AD) (1993) 8 ...... (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J and ATM Afzal J. AHM Siddique ........................Appellant Vs. State ...............................Respondent Judgment August 31st, 1988......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ..

Category: Criminal Law | Date: | Hits: 44