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Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)

....h him), instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant (In both the cases) S.M. Hussain, Senior Advocate (A. B. M. Khairul Huq, Advocate with him), instructed by Md. Nurul Huq, Advocate-on-Record—For the Respondent Nos.1 & 2 (In both the appeals). ......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......ion of partial pre-emption, the learned Advocate of the appellant contends that the pre-emption was sought in respect of a part of the lands sold by Hiralal and Narendra to Nurul Alam. But Mr. S.M. Hossain, learned Advocate for the respondents, has contended that the entire area of 9 decimals of ......vil) Present: FKMA Munim CJ Badrul Haider Chowdhury J   Shahabuddin Ahmed J Begum Khodeza Akhter............Appellant (In both the Ap­peals) Vs. Hajera Khatun & ors...............Respondents (In both the Ap­peals) Judg..

Category: Property Law | Date: | Hits: 35

Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)

.... Supreme Court Appellate Division (Criminal) Present: Fazle Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Ketaki Ranjan Deb…………………&h......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......nd the appellants   will be tried in accordance with the provision of President's Order No. 50 of 1972……………..(7) Case Referred To- Akhtar Hossain vs. State 29 DLR (SC) 101. Lawyers Involved: Abdul Malek, Senior Advocate ins......in Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Ketaki Ranjan Deb……………………………Appellant Vs. The State………………………&hellip..

Category: Criminal Law | Date: | Hits: 51

Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)

....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ...... behalf, or if he has been held as a tenant by a Civil Court…………..(12) Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Md, Aftab Hossain. Advocate on Record—For the Appellants. T. H. Khan, Senior Advocate instructed ...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Shafiullah and others .............Appellants Vs. Sultan Ahmed Mir being dead his heirs: Mojibur Rahman Mir and others……&hel..

Category: Property Law | Date: | Hits: 55

Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)

....anga, AIR 1919, Cal. 325. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. T.H Khan, Senior Advocate instructed by Md. Aftab Hessian Advocate-on- Record—For the Respondent. Civil Appeal No. 148 of 1983. (Fr......e set aside and that of the Dis­trict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184....... This Case is also Reported in: 37 DLR (AD) (1985) 184....... (1985) 184...

Category: Procedural Law | Date: | Hits: 112

Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)

....rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ......rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ...... Dhaka 165. Lawyers Involved: Shafiqur Rahman, Senior Advocate, instructed by M.G. Bhuiyan, Advocate-on-Record-For the Appellant. Shaheed Alam, Advocate, instructed by Md Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Ex-parte—For the Respondent......Munim CJ Badrul Haider Chowdhury J Shahab uddin Ahmed J Syed Kawsar Ali…………………………….Appellant Vs. Gahar Kazi & ors. ……………………&h..

Category: Property Law | Date: | Hits: 36

Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)

..... This Case is also Reported in: 37 DLR (AD) (1985) 174. ......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......IX, rule 13 C.P.C …………………..(5) Case Referred to- Benode Bepari Saha vs. Nitya Gopal Shaha, 33 DLR (AD) 131. Lawyers Involved- K.Z. Alam, advocate instructed by Md. Aftab Hossain, Advocate-on-Record–For the Appellant. Jamiruddin Sircar, Advocate instructed by Md. S......eme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Ebadullah Bepari…………………………..Appellant Vs. Nikhil Chandra Das ............................Respondent Judgment April 30, 1985. ..

Category: Tenancy Law | Date: | Hits: 159

State Vs. Md. Haroon, 1984, 13 CLC (AD)

....s Case is also Reported in: 37 DLR (AD) (1985) 167. ......de the order of conviction and sentence with direction to set the respondent at liberty forthwith. 2. The prosecution case was that on 6.12.74 at about 8/9 A.M. accused Md. Haroon attacked Shamsul Anwar near the western bank of the tank located near the house of the deceased Shamsul Anwar. The ac......4; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: M. Moazzem Hossain, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record—For the Appellant. ......t Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J The State.......................Appellant Vs. Md. Haroon……………………….Respondent Judgment December 4, 1984. Resul..

Category: Criminal Law | Date: | Hits: 64

Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)

....vision (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shababuddin Ahmed J Mrs. Malekha Khatun and others............Appellants Vs. Md. Abul Kashem & ors.......................Respondents Judgment    ......l-founded both in law and fact leaving no scope for interference. The appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......ment is confirmed………………..(6) Lawyers Involved: T. H. Khan, Senior Advocate (Md. Abdul Wahhab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. M. H. Khondker, Senior Advocate (A. J.......ppellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shababuddin Ahmed J Mrs. Malekha Khatun and others............Appellants Vs. Md. Abul Kashem & ors.......................Respondents Judgment  &..

Category: Property Law | Date: | Hits: 32

Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)

....84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161....... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161....... Lawyers Involved: M. H. Khondoker, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record–For the petitioners. A.W.Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate-on-Record- For the respondents. Civil Petition for Special Leave to Appeal No. ......1985) 161...

Category: Property Law | Date: | Hits: 55

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

....he Court give up even a fraction of this power. It is a great power with which the Court has been armed………..(41) Cases Referred to- East Pakistan Vs. Medhi Ali Khan (1959)11 DLR (SC) 318; Md. Amir Khan Vs. Con­troller of Estate Duty (1961) 13 DLR (SC) 105; Northern India Caterers Vs. Lt...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......—For the petitioners (In Civil Appeal Nos. 63-65 of 1982). Hamidul Huq Chowdhury and M.H.Khondker, Senior Advocates F.A. Mannan and A.Y. Masihuzzamann Advocate, with them instructed by Md. Aftab Hossain, Advocate-on-Record. — For the respondents (Civil Appeal Nos. 63 & 64 of 1982). K. ......late Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md Mohsen Ali J Mahbubur Rahman Sikder and others...............Petitioners Vs. Mujibur Rahman Sikder and others...................Respondents Judgment April 18, 1983..

Category: Constitutional Law | Date: | Hits: 149

Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)

....39. ......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J   Chowdhury ATM Masud J Syed Md. Mohsen Ali J Amir Hossain Howlader & ors…......Appellants Vs. The State.......................... Badrul Haider Chowdhury J Shahabuddin Ahmed J   Chowdhury ATM Masud J Syed Md. Mohsen Ali J Amir Hossain Howlader & ors…......Appellants Vs. The State.................................Respondent Judgment March 12, 19..

Category: Criminal Law | Date: | Hits: 63

Kalipada Saha Vs. State, 1985, 14 CLC (AD)

....; Kuppuswamy Naidu 24 Criminal Law Journal, a Division Bench of the Madras; Emperor Vs. Jiwa Ran 33 Criminal Law Journal, 309. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, with Md. Zaker Hossain, Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Peti­t......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 135. ......my Naidu 24 Criminal Law Journal, a Division Bench of the Madras; Emperor Vs. Jiwa Ran 33 Criminal Law Journal, 309. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, with Md. Zaker Hossain, Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Peti­tioner. ...... (Criminal) Present: FKMA Munim CJ Badrul Hider Chowdhury J Shahabuddin Ahmed J Kalipada Saha…………..……Petitioner Vs. The State..................Respondent Judgment    April 9, ..

Category: Criminal Law | Date: | Hits: 59

Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)

....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 117. ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 117. ...... context shall not affect the merit of the case pending for trial before the Trial Court……………..(16 & 17) Cases Referred To- 32 DLR 223 AD; M/s. Hossain Ahmed vs. M/s. H.D. Hossain and Brothers. (1980) 32 DLR 223 AD. Lawyers Involved: ......Munim CJ Barul Haider Chowdhury J Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment Dec..

Category: Others | Date: | Hits: 84

Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)

....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......ing shelter in the house of Aftabuddin (deceased) and Sonaullah, but the assailants broke through the boundary fencing of the house and some of them namely, Joynal Abedin, Sobhan, Wadud, Ramjan and Anwar assaulted Aftabuddin inside his house with lathis and other weapons causing multiple injurie......ection 304 of the Penal Code was set aside. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate on Record—For the Appellants. B. Hossain, Advocate on Record—For the Respondent. Criminal Appeal No. 22 of 1984. ...... (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Joynal Abedin and others...........Appellant Vs.   The State ……………………&h..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)

.... petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2002. Cases Re......il) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2..

Category: Property Law | Date: | Hits: 40

Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)

....he affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ...... MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Moudud Ahmed and others..........Appellants Vs Md Anwar Hossain Khan (dead) and others……………...Respondents J......M Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Moudud Ahmed and others..........Appellants Vs Md Anwar Hossain Khan (dead) and others……………...Respondents Judgmen......e Constitution and they are performing their functions in con­nection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..

Category: Constitutional Law | Date: | Hits: 147

State Vs. Abul Kashem, 1985, 14 CLC (AD)

.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in:  37 DLR (AD) 91. ...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in:  37 DLR (AD) 91. ......f default in payment under section 31(1) and 33(1) of the Code of Criminal Procedure……..(7) Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Re­cord- For the Appellant. Rafiqur Rahman, Senior Advocate instruct...... Shahabuddin Ahmed J    Chowdhury ATM Masud J The State……………………………Appellant Vs. Abul Kashem............................Respondent Judgment February 13, 19..

Category: Criminal Law | Date: | Hits: 39

Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)

....R (AD) 87. ......Ali Mondal under section 302 of the Penal Code, and the sentence of transporta­tion for life passed thereunder is confirmed. Ed. This Case is also Reported in:  37 DLR (AD) 87. ......d and accordingly it is set aside. Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellants. M. Moazzem Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Respon......MA Munim CJ Badrul Haider Chowdhury J   Chowdhury ATM Masud J Syed Md. Mohsen Ali J Hazer Ali Mandal and others………....Appellant Vs. The State………………………&helli..

Category: Criminal Law | Date: | Hits: 52

Bangladesh Vs. Abul Kaiser Chow­dhury and others, 1984, 13 CLC (AD)

....ase is also Reported in:  37 DLR (AD) 85. ...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 85. ......nor Mackensie and Co. vs. Messrs Abdul Rahman Abdul Gani Merchants and another, 8 DLR 349; S. Ahmed Mian vs. Federation of Pakistan and another 7 DLR 376. Lawyers involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record—For the Appell......Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J People's Republic of Bangladesh, re­presented by the Dy. Commissioner, Faridpur....  Appellant. Vs. Abul Kaiser Chow­dhury and others. ………………&..

Category: Trust/Waqf Law | Date: | Hits: 193

Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

.... ...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ......oor Quader, PLR 1969 SC 623; Tarapada Ghose vs. Marimnessa Bibi, 19 DLR 711. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate (M. Hafizullah, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. B.K Das, Advocate, Ins­tructed by Sy......sent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respon­dent Judgment ..

Category: Others | Date: | Hits: 86