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

....l Singh, AIR 1931, All. 443, Emperor v. Rajappa, AIR 1936 BOM 221, State of Gujrat v. Bhikubhai, AIR 1965 Guj. 70, Bashirul Huq v. West Bengal, AIR 1953 SC 293. Lawyers Involved: Khondkar Mahub Hossain, Advocate, instructed by Syed Sakhawat Ali,-Advocate-on-Record-For Respondent No. 1(State) ......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 ......: 40 DLR (AD) (1988) 226 ......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

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

....20., Muhammad Khurshid V. State P.L.D. 1963(S.C) 157, State V. Lalu Mia and another Criminal Appeal No. 16 of 1985. Lawyers Involved: Mozammel Huque Bhuiyan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record, —For the Appellants (In both the cases). Bakhtiar Hossain, Assista......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......n (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir......ced that bomb was first thrown in the shop of Nirmal where Mominul Huq was injured and then there was a second blast soon after in the nearby shop of Efaz which killed him. As regards the incident in Mirmal's shop there was the charge under section 326/307 against all the appellants. In respect of..

Category: Criminal Law | Date: | Hits: 61

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

....eel that there has been any arbitrary exercise of discretion. Thus the appeal is dismissed…………..(9 & 13) Lawyers Referred to: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. T. H. Khan, Senior Advocate, S.C. Das, Advocate w......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 ......dhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Charandwip Bhumihin Krishi Samabaya Samity Ltd. represented by the Chairman, Md. Abdus Samad..........................Appellant Vs. The Deputy Commissioner, Cox's Bazar & ors..........Respondents Judgment March 27, 1......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)

....r. Anant R. Deshpande, AIR 1973 SC 171, Amarjit Kaur v. Pritam Singh and others, AIR 1974 SC 2068, 32 DLR (AD) 65. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, (Md. Fazlul Haque and Ajmalul Hossain, Advocates with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appe......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. ......te Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J M. A. Hai Md. Wazed Ali Miah & Md. Moslem.................Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) ......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)

....invalid. Thus judgments of the courts below are set-aside and the suit out of which this appeal has arisen stands abated with effect from 18/09/1982………(8, 9 & 11) Lawyers Involved: B. Hossain, Advocate-on-Record- For the Appellant M.H. Khondker, Senior Advocate instructed by A. Ba......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. ......e Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J The Province of East Pakistan (Now Bangladesh)............Appellant Vs. Shamser Ali Khan & others... ..................................Respondents Judgment ......tation of the clear provisions of the aforesaid section [4(2)] arrived at the conclusion as above. 5. Mr. B.Hossain, Assistant Attorney-General, submitted that the C.S. plot of Mouza Beltail, P.S. Mirjapur mentioned in the Notification No.11309 Forest, dated 23rd June, 1928 appears in serial No.2..

Category: Property Law | Date: | Hits: 63

Bandez Ali Vs. The State, 1988, 17 CLC (AD)

....�………(6,7) Lawyers Involved: Syed Muhammad Hussain, Senior Advocate, (A.N.M. Gaziul Hoque, Advocate with him), instructed by Md. Ozair Farroque, Advocate-on-Record- For the Appellant. B. Hossain, Advocate-on-Record- For the Respondent. Criminal Appeal No. 43 of 1984. (From the jud......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......200 ......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..

Category: Criminal Law | Date: | Hits: 67

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

....AD) (1988) 196 ......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 ......r remedy e.g. by instituting a suit in the competent court, the writ petition was inappropriate. The appeal is dismissed……………..(6,7 & 13) Cases Referred to- Shahjahan Sheikh and others Vs. The Sessions Judge, Pirojpur (Criminal Appeal Nos. 48 and 49 of 1985) 38 DLR (AD) 246, Malkarjun......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)

.... aside the ex parte decree……………..(6 & 7) Cases Referred to- Deputy Commissioner, Sylhet V. Israil Ali and others, 1981 BSCR, 222, Santosh Kumar Chakraborty and others v. Motaleb Hossain and others, 36 DLR (AD) 248=1985 BLD (AD) 59 and Khurshed Anwar v. Jamil Akhter, 1982 BLD (A......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. ......e Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Insan Ali.................................Appellant Vs. Mir Abdus Salam............................Respondent Judgment August 16, 1987. Res...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Insan Ali.................................Appellant Vs. Mir Abdus Salam............................Respondent Judgment August 16, 1987. Result: ..

Category: Procedural Law | Date: | Hits: 89

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

....dance with law and the government is entitled to the rent for the present and future……………….(12 & 13) Lawyers Involved: A.W. Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record.-For the Appellant. T. H. Khan, Senior Advocate, (M. A. Whab Miah, Ad...... 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 ......late Division (Civil) Present: F. K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 2...... 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)

....) 1 722. Lawyers Involved: S.S. Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record-For the Appellants, A.W.Bhuiyan, Additional-Attorney-General instructed by B. Hossain, Advocate-on-Record- For the Respondents. Criminal Appeal No. 5 of 1987 Converted to Civi......��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. ......vision (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sk. Ali Ahmed.....................................................Appellant Vs. The Secretary Ministry of Home Affairs, Govt. of the People's Republic of Bangladesh and ot......��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)

.... Durayappah v. Fervando and others, 1967 (2) The All England Law Reports 152(07). Lawyers Involved: M. Nurullah, Attorney-General (Hasan Arif, Deputy Attorney General with him) instructed by B. Hossain, Advocate-on-Record—For the Appellant. S. R. Pal. Senior Advocate (Zakir Ahmed, Advocat......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. ...... M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal & others..............................Respondents Judgment August 31, 198......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

Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)

....………..(7 & 8) Lawyers Involved: Serajul Huq, Senior Advocate, (A.T.M. Kamrul Islam, Advocate with him) instructed by Syed Sakhawat Ali, Advocatc-on-Record - For the Appellants. B. Hossain, Assistant Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record -For the Respo...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ..

Category: Criminal Law | Date: | Hits: 80

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

....ble……………………(15 & 16) Cases Referred to- Barindra Chandra Das and others V. Mvi. Mahbubul Quadir and others 7 DLR 464; Gopal Krishna Sil v. Abdul Samad Chowdhury 34 CLJ 319; Abul Hossain v. Sadai Gobind Deb 42 CWN 1102 = ILR 63 Cal. 851; Saladurjaman Chowdhury v. Oajuddin AIR 19......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. ......n (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Moniruddin Sarker being dead his heirs: Fazlul Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgm......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

Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)

....o- Nausher Ali Sarder Vs. The State, 39 DLR (AD) 194. Lawyers Involved: Mahbubey Alam, Advocate Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Appellant. B. Hossain, Advocate-on-Record — For the Respondent. Criminal Appeal No. 15 of 1987. (From the ......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......rt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Dipok Kumar Sarker ..........................Appellant Vs. The State.............................................Respondent Judgment November 8, ......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ..

Category: Criminal Law | Date: | Hits: 61

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

..... M/s Speedbird Navigation Co. and others, 30 DLR (SC) 101, McMullen vs. Wadsworth (1889) 14 App. Case 631 (636). Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellant. Rafique-ul-Huq, Senior Advocate (Md. Fazlul Huq, ......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. ......reme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Government of Bangladesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Resu......urt Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Government of Bangladesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: ..

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

Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)

..... 341 (343); Mohammed Seraj V. Adibar Rahma Sheikh and others, AIR 1968 Cal 550; Marianski V. Cairns (1852) 1 Macq 212. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record. - For the Appellants. Jamiruddin Sircer, Advocate, instructed by S......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......l) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Abdul Kader Khan being dead his heirs All Akbor Khan & Ors.....................Appellants Vs. Basek Khan being dead his heirs Shazu Bia & Ors..... ............................Respondents ......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ..

Category: Property Law | Date: | Hits: 36

M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)

....rt Appellate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J A. T. M. Masud J M/s. A. Haque and Co. & another..........Appellant Vs. Al-Haj Zakir Hossain...............................Respondent Judgment January 18, 1984. The Premises R......rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......88) 109 ......rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ..

Category: Tenancy Law | Date: | Hits: 112

The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)

....Court Division having acquired the accused it cannot be said that their finding is perverse or against any evidence judtifying interference………………………(5 & 6) Lawyers Involved: B. Hossain, Advocate-on-Record. - For the Appellant. Mainul Husain, Advocate, instructed by Md. Afta......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ...... (AD) (1988) 106 ...... Criminal Appeal No. 27 of 1983.) Judgment: Shahabuddin Ahmed J. - This is an appeal against acquittal filed by the State. Accused-respondents No.1 to 4, respectively Abdur Rashid, Abdul Barek Mirdha, Mobarak Ali and Mohammad Hafez Mirdha, were convicted by the Additional Sessions Judge, Pa..

Category: Criminal Law | Date: | Hits: 45

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

....…..(11 & 12) Lawyers Involved: T. H. Khan, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record. - For the Appellants. Rafiqur Rahman, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record. -For Respondents 1(a)-(chha) Dead Substitution exempted vides orde......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 ...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment ......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

The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)

....roceeding of trial and release of the accused holding the case to be not pending be set-aside……………(3 & 4) Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B.Hossain, Advocate-on-Record.-For the Appellant. Md. Aftab Hossain, Advocate-on-Record- For the Re......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......) (1988) 99 ......Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J A.T.M. Afzal J The State……………………….Appellant Vs. Madhu Mirdha..............Respondent Judgment August 18, 1987. The Code of Criminal procedure, 1..

Category: Criminal Law | Date: | Hits: 60

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