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Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)

....M. H. Rahman J A.T. M. Afzal J. Amin Scales Limited and another……………………..Appellants (In both the appeals) Vs. Md. Yakub……………………………&he......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......structed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants (In both the appeals). Mainul Hosein, Advocate (Md. Joynal Abedin, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent (In both the appeals). Civil Appea......ed J M. H. Rahman J A.T. M. Afzal J. Amin Scales Limited and another……………………..Appellants (In both the appeals) Vs. Md. Yakub………………………&hellip..

Category: Business or Commercial Law | Date: | Hits: 76

Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)

.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......nt Judgment March 16, 1987. Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent, Criminal Appeal No. 29 of 1986 ......y;dhury J Shahabuddin Ahmed J M. H Rahman J A .T. M. Afzal J Nausher Ali Sarder & others………………….Appellants Vs. The State………………………&hellip..

Category: Criminal Law | Date: | Hits: 62

Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)

....t. A. Y. Salehuzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the Respondent No. 1. A. W. Bhuiyan, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on -Record—For the Amicus Curiae. Ex parte—For the R...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......cate, Nurul Islam Chowdhury, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. A. Y. Salehuzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the Respondent No. 1. A. W. Bhuiyan, Additional Attor......todian, Vested and Non-Resident Property, Chittagong and others .............................Respondents Judgment September 24, 1986 Cases Referred to- Rahima Aktar Vs. Asim Kumar Bose 1985 BLD (AD) 155; Watson v. Winch, 1 K. B. (1916) 688; Surtees v. Ellison (18..

Category: Property Law | Date: | Hits: 70

The State Vs. Fazal and others, 1987, 16 CLC (AD)

....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......ts Judgment March 12, 1987. Cases Referred to- AIR 1917 PC 25; Siraj Din v. Kala, 16 DLR, SC 95; A.I.R 1917 P.C. 25; 16 D.L.R (SC) 94. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Appellant Abdul Malek, Senior Advocate Sharifuddin Chakl...... Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J The State……………………………....Appellant Vs. Fazal and others………………....Respondents J..

Category: Criminal Law | Date: | Hits: 46

Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)

....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..........Respondent Judgment May 14 1986. Cases Referred to- Nava Kumar vs. Radhashyam. AIR 1931 (PC) 229; United Provinces Vs. Atiqa Begum, AIR 1984 PC 16. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record-For the Appellant. R......sion (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. ..

Category: Employment/Service Law | Date: | Hits: 97

State Vs. Lalu Miah and another, 1986, 15 CLC (AD)

....e King AIR 1949 P.C. 257 (259); H.S. Rathod vs. State of Gujrat AIR 1979 S.C. 1232. Lawyers Involved: B. Hossain, Advocate-on-Record.- For the Appellant. Habib Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Criminal Appeal No. 16 of 1985. (......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ....... 1125; Kauda Paduyachi vs. State of Tamil Nadu AIR 1972 S.C. 66(69); Bhuboni Sahu vs. The King AIR 1949 P.C. 257 (259); H.S. Rathod vs. State of Gujrat AIR 1979 S.C. 1232. Lawyers Involved: B. Hossain, Advocate-on-Record.- For the Appellant. Habib Ahmed, Advocate, instructed by Md. Aftab H...... Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. R..

Category: Criminal Law | Date: | Hits: 124

Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)

.... Appellate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Ayub…………………………..…&h...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... Khaleque Bains vs. Government of Bangladesh, Civil Appeal No. 21 of 1986. Lawyers Involved: T. H. Khan, Senior Advocate, M. A. Mahbub Miah, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Rafiqul-ul-Huq, Senior Advocate, Moksud...... Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Ayub…………………………..……….Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others……...

Category: Property Law | Date: | Hits: 31

Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)

.... Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. Asrarul Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No. 38 o......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......ramount Talkies, AJR 1942 Bom. 119. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. Asrarul Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Res...... Present: Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Shafquat Haider & others………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August..

Category: Intellectual Property Law | Date: | Hits: 239

Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)

....7 SC. 2149 ; Kekhraj S. Lalvani Vs. Dy. Custodian AIR 1966 (SC) 334; Har Shanker AIR 1973 (SC) 1121; M/s. Momin Motor Vs. Regional Transport Authority PLD 1962 108; Chairman Chittagong Pourashava Vs. Md. Amjad Khan 1980 B.S C.R. 54; M/S. Radha Krishna Agarwal Vi. State of Bihar and others AIR 1977 P......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......Mahmudul Islam, Advocate with him) instructed by Kazi Ebadul Huq, Advocate-on-Record—For the Appellant. M. Nurullah, Attorney-General, M.M. Huq, Deputy Attorney-General with him instructed by B. Hossain, Advocate-on-Record—For the Respondents Nos. 1 and 2. T. H. Khan, Senior Advocate, M.R.......vil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sharping Matshajibi Samabaya Samity Ltd.....................Appellant Vs. Bangladesh & others……………………………………………………………...

Category: Property Law | Date: | Hits: 87

Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)

....Supreme Court with him, instructed by Sajjadul Huq, Advocate on Record—For the Appellants. Asrarul Hossain, Senior Advocate, A. B. M. Khairul Huq Advocate, Supreme Court, with him instructed by Md. Nurul Huq, Advocate on Record—For the Respondent. Civil Appeal No. 6 of 1985. (From ...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......awyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate, Supreme Court with him, instructed by Sajjadul Huq, Advocate on Record—For the Appellants. Asrarul Hossain, Senior Advocate, A. B. M. Khairul Huq Advocate, Supreme Court, with him instructed by Md. N...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J ATM Afzal J Feroza Majid and another……………….... Appellant Vs. Jiban Biman Corporation......................Respondent Result: The appeal is dismis..

Category: Others | Date: | Hits: 104

Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)

....s. Industrial Development Bank. (1966) 18 DLR (SC) 354; PLD 1966 SC 1938. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate on Record—For the Appellants. A KM. Nazrul lslam, Advocate......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......hy;trial Development Bank. (1966) 18 DLR (SC) 354; PLD 1966 SC 1938. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate on Record—For the Appellants. A KM. Nazrul lslam, Advocate instructe......J Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha & others…………Respondent ..

Category: Business or Commercial Law | Date: | Hits: 100

Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)

....nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......ts fencing and started beating him by fists and blows. When P.W.1 raised alarm the accused persons threatened and compelled him to keep quiet and tit at the southeast corner of the hut. The accused Hossain took away one steel trunk containing Caries, petty-coats, blouses etc. Tk 550/- in cash an......d J M.H. Rahman J A.T.M. Afzal J Siraj Miah & another………………………………Appellants Vs. State & another……………………&helli..

Category: Criminal Law | Date: | Hits: 57

Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)

....C. 123; Sridhar Suar AIR 1976 (SC) 1860; Srimath D. P. Desikar AIR 1936 (P.C.) 183; Atyam Veerraju AIR 1966 (SC) 629. Lawyers Involved: Sheikh Afzalur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Ranadhir Sen, Advocate, instructed......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......ridhar Suar AIR 1976 (SC) 1860; Srimath D. P. Desikar AIR 1936 (P.C.) 183; Atyam Veerraju AIR 1966 (SC) 629. Lawyers Involved: Sheikh Afzalur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Ranadhir Sen, Advocate, instructed by Syed S......nim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Chunnu Mia………………………Appellant Vs. Monindra Lal Roy & others……Respondents Judgment June 29, ..

Category: Property Law | Date: | Hits: 36

Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)

....vendralal 38 C.W.N. PC 285; Adiluddin 5 PLR (Dae) 302; Lala Hera Chand 1942 A.I.R P.C. 64; Radhamoni 27 I.A. P,C 136; Bharat Pillai 46 IA. 285; Pillai AIR 1942 Mad. 622; Bhavrao 23 Bom. 137; Siddik Md. Sha AIR 1930 P.C 57; Secy, of State vs. D.L. Khan 61 I A, 78 (P.C) =38 C.W.N. 285; Maharaja Sr......reof, is also a co-sharer and his possession is governed by the general principle that a co-sharer's possession is possession on behalf of all other co-sharers. He has referred to the case of Muzaffar Khan vs. Yousuf Khan, PLD (1959) SC 9, in which the vendee of a co-sharer of an undivided ......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......sp; Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants Vs. Roushan Ara Begum and others……………Respondents ..

Category: Property Law | Date: | Hits: 50

Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)

.... of 1982. Judgment Fazle Munim CJ.-This appeal arises from Criminal Appeal No. 3 of 1982 decided by a Bench of the High Court Division, Dhaka (Mr. Justice Amirul Islam Chowdhury and Mr Justice Md. Altaf Hossain) on 30th May, 1983. 2 Facts as stated in the ejahar which was recorded by Offic......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ...... Case Referred To- Safdar Ali Vs. Crown, 5 DLR (FC) 107. 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. 58 of 1983. From the Ju......on (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Muslimuddin & others………………………Appellants Vs. The State………………………………….Respondent Judgment Feb 20, 1986. ..

Category: Criminal Law | Date: | Hits: 56

Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)

..... J. Mohammad Ali, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the appellant. T. H. Khan, Senior Advocate, M. A. Wahhab Mia, Advocate with him instructed by Md. Aftab Hossain, Advocate-on- Record— For respondent No. 1. EX-parte- Respondent Nos. 2-5. ......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......mad Ali, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the appellant. T. H. Khan, Senior Advocate, M. A. Wahhab Mia, Advocate with him instructed by Md. Aftab Hossain, Advocate-on- Record— For respondent No. 1. EX-parte- Respondent Nos. 2-5. Civil App......Appellate Division (Civil) Present: F.K.M.A.Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J Waliullah Munshi…………………………... Appellant Vs. Lodu Mia Patwary & others………………..Respondent Judgment January 19, 1986...

Category: Property Law | Date: | Hits: 42

Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)

....under section 339C Cr.P.C. Lawyers Involved: Rafiqur Rahman, Senior Advocate instructed by Serajur Rahman, Advocate-on-Record—For the Appellant. Habibur Rahman Khan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent Nos. 1-15. A.W. Mollik, Advocate-on-R......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......ion 339C Cr.P.C. Lawyers Involved: Rafiqur Rahman, Senior Advocate instructed by Serajur Rahman, Advocate-on-Record—For the Appellant. Habibur Rahman Khan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent Nos. 1-15. A.W. Mollik, Advocate-on-Record—Fo......ivision (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Mrs. Amena Hoque……………………………………Appellant Vs. Rajab Ali & others……………………………….……Respondents Judgment Apri..

Category: Criminal Law | Date: | Hits: 38

Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)

....ptain John Johnston vs. G B. Potts & Co. Ltd. PLD 1967 Kar 496 ; Satish Chandra Banik vs. Dacca Jute Miils Ltd., PLD 1968 Dac 610 at p. 641. Lawyers Involved: Raifique-Ul-Huq, Senior Advocate, (Md. Fazlul Haque, Advocate with him) instructed by Md. Ssjjadul Huq, Advocate-on-Record-For the Appe...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... in Matter No. 13 of 1986.) Judgment: Fazle Muim CJ.-This appeal arises from, Matter No. 13 of 1985 and was decided by the Company Judge of the High Court Division, Dhaka (Mr. Justice Sultan Hossain Khan) on 20th November 1985. 2. On 17th April 1985 respondents filled an application unde...... F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ghyasuddin Ahmed ……………………………………………...Appellant Vs. Q.N. Faruque & others........................................Respondents Judgment March..

Category: Business or Commercial Law | Date: | Hits: 111

Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)

.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......han, Senior Advocate (M. A. Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For Respondent Nos. 1, 2 and 5. Ex-parte—for Respondent Nos. 3 and ......resent: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah man J A. T. M. Afzal J Maqsood Alam………………………………………….Appellant Vs. The People's Republic of Bangladesh, represented by the Military Estate Officer, Dhaka Ca..

Category: Tenancy Law | Date: | Hits: 108

Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)

....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......on (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Srish Chandra Das................................................................... Appellant Vs. Sri Sri Chatteswari Debi Bigraha, represented by Shebaits: Chandra Shekhar Chakraborty &..

Category: Criminal Law | Date: | Hits: 88

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