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Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)

....Khan, Senior Advocate, (M.A. Wahab Miah, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. Siddique Ahmed Chowdhury, Senior Advo­cate, instructed by Md. Sajjadul Huq, Advo­cate-on- Record—For the Respondent Nos. 1-3. Ex-parte—For the Respond......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......aint petition on 16. 1. 80 disclosing some new facts, which came to his knowledge after lodging the F.I.R. This petition was marked C.R. Case No. 32 of 1980 and it was forwarded to Mr. A.K. M. Delwar Hossain, Magistrate, 1st Class, for examination of witnesses. The learned Magistrate after examining......DLR (AD) (1986) 18. ..

Category: Criminal Law | Date: | Hits: 105

Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)

....vil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Mst. Esarunnessa Bibi being dead her heirs Amjad Hossain & others……………… Appellants Vs. Md. Amir Hossain………………………………….. Respondents Judgment September 8, 1....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......R (AD) (1986) 1. ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Mst. Esarunnessa Bibi being dead her heirs Amjad Hossain & others……………… Appellants Vs. Md. Amir Hossain………………………………….. Respondents Judgment Septemb..

Category: Property Law | Date: | Hits: 59

Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)

....question of fact and since this has been decided by the Courts below, we find no subs­tance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......question of fact and since this has been decided by the Courts below, we find no subs­tance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......med. Additional Attorney General, M. Nurullah, Advocate, instructed by S. M. Haq, Advocate-on-Record-For the Appellant. Rufiq-ul-Huq, Advocate (T. Islam, Advocate with him) instructed by B. Hossain, Advocate-on- Record—(For the Respon­dent No. 1). Ex-parte—Responden......v respondent No. 1 we find consideration as to whether the burden of proof on the charge of forgery have been duly dis­charged. 12. It has been held in the case of Abdul Majid and others Vs. Khaiil Ahmed, reported in P.L.D. 1955 F.C. 38 that "the High Court has no jurisdiction to..

Category: Business or Commercial Law | Date: | Hits: 113

Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)

.... Vs. Shamsul Huda Khan and another……………..Respon­dents (In C.A. No. 26 of 1974). And Mozammel Huq Khan and another…………..Respon­dents (In C.A. No. 27 of 1974). And Md. Nurul Huq & another……………………....Respondents (In C.A. No. 28 of 1974) Judgment ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......ham­mad Khan, 12 D.L.R. (S.C.) page 50; High Court, Calcutta and another Vs. Amal Kumar Roy and others, A.I.R. 1962 S.C. page 1704. Lawyers involved: S. R. Pal, Senior Advocate with Dr. Ahmed Hossain, Advocate, instructed by Aminul Huq, Advocate-on-Record- For the Appellant (In all the appea......Division (Civil) Present: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Governor, Bangladesh Bank & others…......Appellant (In all the Appeals). Vs. Shamsul Huda Khan and another……………..Respon­dents (In C.A. No. 26 of 1974). And ..

Category: Employment/Service Law | Date: | Hits: 87

Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)

....nally. We find no substance in the only conten­tion raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......nally. We find no substance in the only conten­tion raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......dar, 15 DLR 634; Umar Din Vs. Fazal Din, PLR 5 Lah. 196; Visheswar Vs. Durgappa, AIR 1940 Bom. 339; Vithoba Kadhar Vs. Madhar jemedar, (1918) ILR 42 Bom. 344. Lawyers involved: Akram Hossain Amin, Advocate—For the Petitioners. Not represented—the Respondents. ...... Present: A. M. Sayem CJ A. B. Mahmud Husain J M.A. Jabir J Ahsanuddin Choudhury J Saokat Ali and others…………...Petitioners. Vs. Shamsun Bibi and others……….....Respondents Judgment J..

Category: Property Law | Date: | Hits: 47

Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)

....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ...... Present: AM Sayem CJ AB Mahmud Husain J Muhammad Abdullah Jabir J Government of Bangladesh represented by Sec­retary Ministry of Home Affairs.....Appellant. Vs. Ahmed Nazir………….... Respondent Judgment March..

Category: Criminal Law | Date: | Hits: 85

Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)

....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......llip;……………………....Respondent Judgment February 28, 1973. Lawyers involved: Abdul Hamid, Advocate, instructed by B. Hossain, Advocate-on-Record.—For the Peti­tioner. Not represented—the Respon......Appellate Division (Criminal) Present: Syed A. B. Mahmud Husain J M. A. Jabir J Jamdhar Khan……………….....Appellant. Vs. The State………………………....Res..

Category: Criminal Law | Date: | Hits: 44

Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)

....antial, to connect the appellant with the murders. There is no direct evidence in this case against her. The learned Deputy Attorney General referred to certain passages in the evidences of P. W. 2 Md. Solaiir an, P. W. 3 Dulia Mia. P. W. 10 Sepoy Yakub Ali and P. W. 20 Serajul Islam Kazmi which,......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......h Vs. State of Madhya Pradesh, 1952 SCR (India) 526; Emperor Vs. Lalit Mohan, (1911) ILR 38 Cal. 559; In re Periyaswami Moopan, 1981 1LR 54 Mad. 75; Joygun Bibi Vs. State, 12 DLR (SC) 156; Maqbool Hossain Vs. State, (1962) 12 DLR (SC) 217; Pakala Narayan Swami Vs. King Emperor, LR 1939 IA LXVI 6...... ..

Category: Criminal Law | Date: | Hits: 60

Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)

....ah 18 C.W.N. 890, Kheyali Prosad vs. Mullick N. Islam 20 C.W.N. 1048; Radhakishan Toshniwal vs. Shidhar Ramchandra. A.I.R. 1960 S.C. 1368; Ram Saran Lai vs. Domini Kuer AIR. 1961 SC 1747 Begum vs. Md. Yakub ILR 16 All. 344; Sitaram Bhaurao vs. Jiaul Hasan Khan AIR 1923 P.C. 41; Jadu Lal Sahu vs...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Divi­sion is set aside and those of the Courts below are restored. Ed. ......of the High Court Divi­sion is set aside and those of the Courts below are restored. Ed. ......ofa Mia & others……………………………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors………&..

Category: Property Law | Date: | Hits: 45

Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)

....view of the above, the appeal is allo­wed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......view of the above, the appeal is allo­wed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......de and that of the company Judge restored. However, there will be no order as to costs. Ed. ......aluddin Hossain CJ   Fazle Munim J Badrul Haider Chowdhury J  Shahabuddin Ahmed J Bangladesh Bank .................................Appellant Vs. Debendra Nath Dutta …………………….......

Category: Business or Commercial Law | Date: | Hits: 101

Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)

....right of Kol-karsha. In the result, we do not find any subs­tance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......right of Kol-karsha. In the result, we do not find any subs­tance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......entions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ...... Ruhul Is­lam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sunil Kumar Biswas …………………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment ..

Category: Property Law | Date: | Hits: 45

Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)

.... Vs. Syed Shamsuddin Ahmed and another…………….Respondents Judgment April 22, 1981 Lawyers Involved: S.R. Pal, Senior Advocate, Md. Yasin, Ad­vocate, with him, instructed by Abu Backkar, Advocate-on-Record.—For the Ap......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......h him, instructed by Abu Backkar, Advocate-on-Record.—For the Appellants. Khondaker Mahbubuddin Ahmed, Senior Advo­cate, (Mahbubey Alam, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondent No. ......on (Civil) Present: Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Sanjib Kumar Bose and another.....................Appellant Vs. Syed Shamsuddin Ahmed and another…………….Respondents ..

Category: Property Law | Date: | Hits: 54

Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)

.... Court Appellate   Division (Civil) Present: Kemaluddin Hossain CJ   Fazle Munim J  And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......f the High Court Division are set aside and those of the Trial Court are restored. Ed. ......  Fazle Munim J  And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. Ahmuda Khatun and others...................Respondents Judgment July 10, ..

Category: Property Law | Date: | Hits: 47

Bangladesh Freedom Fighters Welfare Tr­ust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)

....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......rt Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 112

A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)

....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......sposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ip;…………………………………………………………..Appellant. Vs. Registrar of Joint Stock Companies, Dacca………………..

Category: Business or Commercial Law | Date: | Hits: 107

Baitul Aman Coope­rative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)

.... Judgment March 10, 1981. Lawyers Involved: Hamidul Huq Chowdhury, Siddique Ahmed Chowdhury, Senior Advocates, with A.N.M. Skahidullah, Advocate, with him instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. Rafiqur Rahman, Senior Advo......ler the appeal is allowed. The appli­cation filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......ent March 10, 1981. Lawyers Involved: Hamidul Huq Chowdhury, Siddique Ahmed Chowdhury, Senior Advocates, with A.N.M. Skahidullah, Advocate, with him instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. Rafiqur Rahman, Senior Advocate instru......unim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Baitul Aman Co-ope­rative Housing Society Ltd. and another.....................Appellant Vs. Muhammad Shamsur Rahman and others………………&helli..

Category: Property Law | Date: | Hits: 60

Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)

....e dealing with the application under section 96 of the Act for pre­emption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......e dealing with the application under section 96 of the Act for pre­emption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......sain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. Rakhal Chandra Mondal and others..........................Respondents (In C.A. Nos. 143 ..

Category: Property Law | Date: | Hits: 49

Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)

.... This Case is also Reported in: 33 DLR (AD) 305. ......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......me Court Appellate Division (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants ...... J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul Hakim Miazi being dead his heirs Mobaarak Hossain Miazi and others……&h..

Category: Property Law | Date: | Hits: 48

Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)

.... the result, therefore, this appeal is allowed with costs. The order of the High Court   Division is set aside, and the applica­tion for temporary injunction rejected. Ed. ...... the result, therefore, this appeal is allowed with costs. The order of the High Court   Division is set aside, and the applica­tion for temporary injunction rejected. Ed. ......bsp; Division is set aside, and the applica­tion for temporary injunction rejected. Ed. ......in Ahmed J Uttara Bank …………………………………………………Appellant Vs. Macneill and Kilburn Ltd. and others……………….Res..

Category: Banking Law | Date: | Hits: 130

Hasan Imam Chowdhury Vs. Govt. of Bangla­desh and others, 1981, 10 CLC (AD)

....ion is pregnant with any new issue which requires adjudica­tion in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......ion is pregnant with any new issue which requires adjudica­tion in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......gs. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......ddin Hossain CJ Fazle Munim J Rahul Islam J Badrul Haider Chbwdhury J Shaha-buddin Ahmed J Hasan Imam Chowdhury........................... Appellant Vs. Govt. of Bangla­desh and others................. Respondents Judgment ..

Category: Employment/Service Law | Date: | Hits: 101