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Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)

....d Vs. Mozammel Khan, (1967) 19 DLR SC 439 and Govern­ment Vs. A.T. Mridha (1974)26 DLR (AD) 17 at pp 21, 25; AIR 1945 PC 94; AIR 1945 PC 18; AIR 1945 PC 48; AIR 1946 PC 169; Salimuddin Ahmed Vs. The State (1976), 28 DLR 187; PLD 1964 SC 266; 29 DLR SC 101; Syed Ahmed Vs. State, the Supreme Court of......te Division (Criminal) Present: Kemaluddin Hossain, CJ. F.K.M.A.  Munim, J. Ruhul Islam, J. K. M. Subhan, J. Bangladesh..........................................Appellant Vs. Shahjahan Siraj @ Sirajul Islam..................Respondent Judgment Aug. 22, 1978. ......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..

Category: Criminal Law | Date: | Hits: 66

Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)

....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......e Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Sublian J. Yusuf .............................Appellant Vs. Mofzal Ahmed Sowdagar............................Respondent Judgment Marc......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..

Category: Others | Date: | Hits: 119

Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)

....: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J. Mofazzal Hossain Mollah and others .........................Accused-Appellants Vs. State ..........................Respondent Judgment May 10th, 1993 Lawyers I...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J. Mofazzal Hossain Mollah and others .........................Accused-Appellants Vs. State ..........................Respondent Judgment May 10th, 1993 ......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..

Category: Criminal Law | Date: | Hits: 44

Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)

....bsp;       Ruhul Islam J.- In this appeal by special leave the question for our consideration is whether the right of pre-emption as conferred under section 96 of the State Acquisition and Tenancy Act, 1950 is a heritable right. 2. Facts relevant for disposal......ision (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J. Inu Mia and others .........................Appellants Vs. Mokhlesur Rahman and others.........................Respondents Judgment ......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ..

Category: Property Law | Date: | Hits: 54

State Vs. Zahir and ors., 1993, 22 CLC (AD)

....pellate Division (Criminal) Present: Kemaluddin Hossain CJ      Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J. State............................Appellant         &n...... Ruhul Islam J Badrul Haider Chowdhury J. State............................Appellant                 Vs. Zahir and ors ..............Respondents Judgment November 27th, 1980. ......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ..

Category: Criminal Law | Date: | Hits: 48

Kalu and another Vs. State, 1993, 22 CLC (AD)

....n Ahmed J. Kalu and another........ .....Appellants                      Vs. State ..................................Respondent Judgment July 21st, 1980. ...... Shahabuddin Ahmed J. Kalu and another........ .....Appellants                      Vs. State ..................................Respondent Judgment July 21st, ...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..

Category: Criminal Law | Date: | Hits: 58

Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)

....minal) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nowabul Alam and others……………….Appellants Vs. State………….Respondent Judgment April 13th, 1993 Ca...... (Criminal) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nowabul Alam and others……………….Appellants Vs. State………….Respondent Judgment April 13th, 199...... his house on a motorcycle at 6‑45 AM or not should have been the subject matter of a close scrutiny. None of the Courts below has done that. 24. The High Court Division consulted the Muhammadi Pocket Panjika of the relevant year and found that the sun was already up on the 11th Jun......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..

Category: Criminal Law | Date: | Hits: 60

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

....Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdus Sobahan Howlader and ors………………….Appellants Vs. State   ................................Respondents Judgment November 19th, 19...... 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 ......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

Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)

....re-emptors' claim to the extent of 50% of the case land. The appellate Court appeared to have done an evenhanded justice. The High Court Division approved that measure. 3. Section 96 of the State Acquisition and Tenancy Act is a beneficial legislation, intended for the convenience of the ......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman Golchera Khatun being dead her heirs: Akhter Hossain and others (in all the Appeals) ............. Appellant Vs. Sayera Khatoon...............................Respondent Judgment December...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ..

Category: Property Law | Date: | Hits: 72

State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)

....AD) (1993) 131 ...... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J. State ……………..Appellant Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan…………......Respon......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..

Category: Criminal Law | Date: | Hits: 41

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

.... A No. 2575 of Mouza Alipur. Some portion of Plo Nos. 2574 and 2573 were transferred by their own under a kabala dated 3 June 1976, whereupon appellant filed an application under section 96 of the State Acquisition and Tenancy Act before the Munsif, Faridpur, claiming pre-emption of both the plo......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 ......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

Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)

....ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......) Present: Shahabuddin Ahmed, CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nazimuddin Molla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents ......ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ..

Category: Election Law | Date: | Hits: 106

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

....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 ...... 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 ......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)

....sion (Criminal) Present: AM Rahman J ATM Afzal J   Mustafa Kamal J Latifur Rahman J Sompong.............Accused-Appellant Vs. State …..............Respondent Judgment January 18th, 1993. Lawyers ......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 ......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

Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)

.... Motaleb Dewan and ors ……………………….Respondents Judgment April 20th, 1993. Cases Referred to- Shyamlal Vs. State of UP AIR 1954 SC 369; State of Bombay Vs. Saubbagchand AIR 1957 SC 892; Dalip Singh Vs. Stat...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Government of the People's Republic of Bangladesh ........................Appellant Vs. Abdul Motaleb Dewan and ors …………………&hel...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ..

Category: Administrative Law | Date: | Hits: 114

Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)

....e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......;……..Appellant (In CA No. 28/92) Bangladesh House Buil­ding Finance Corporation …………………..Appellants (In CA No. 29/92) Vs. Bangladesh House Building Finance Corporation.................Respondents (In CA No. 28/......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ..

Category: Administrative Law | Date: | Hits: 100

Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)

.... ILR 33 Cal. 30; ILR 43 Cal. 1152=AIR 1917 Cal. 593; AIR 1941 Cal 263; Haji Abdus Samad Vs. Haji Jobed Ali 28 DLR (HCD) 58; AIR 1936 Lahore 238 Golam Rasul Vs. Emperor; Kamalapati Trivedi Vs. The State of West Bengal AIR 1979 (SC) 777; & AIR 1934 Md. 175; AIR 1948 All 184 (FB) AIR 1921 Pat........Appellant                                Vs. Abdul Kader and other............................Respondents Judgment Ma......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ..

Category: Criminal Law | Date: | Hits: 40

Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)

....etenu’s prejudicial activities or maintaining of a private army immediately before his arrest that called for the order of detention. In support of this contention, reliance is placed on the State of Bombay vs. Atma Ram Shridhar Vaidya AIR 1951 (SC) 157,Government of East Pakistan Vs. Ro...... Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 3......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..

Category: Criminal Law | Date: | Hits: 88

Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)

.... and 24 of the Act Mr. Ahmed submits that although no specific provision has been made requiring a pre‑emptor to make all co‑sharers as parties, as has been done by section 96(2) in the State Acquisition and Tenancy Act, 1950, it is imperative that the co‑sharer‑tenants mu......ate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Golam Mohammad..............................Appellant Vs. Sree Sailendra Nath Kanangoe being dead his heirs Sree Biman Behari Kanangoe and others......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ..

Category: Property Law | Date: | Hits: 85

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

....p;…...................Respondents [In both the appeals] Judgment November 12th, 1992. Cases Referred to- Palani Goundan Vs. Peria Goundan AIR 1941 (Mad) 158; The State of Madhya Pradesh & others Vs. Vishnu Prasad Sharma and ors. AIR 1966 (SC) 1593. L.........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 ......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