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Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......h Singh A.I.R. 1924 P.C.183. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Shaheed Alam, Advocate with him), instructed by Syed Sakhawat Ali, Advocate-on-Record— For the Appellant T.H.Khan, Senior Advocate (S.C. Das and M.A. Wahhab Miah, Advocates with him) Instructed by Sharifuddin ......t: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Bangladesh House BuildÂing Finance Corporation....................Appellant Vs. Abdul Mannan, Advocate and others……...............................Respondents Judgment January 11, 1989. Resul..Category: Property Law | Date: | Hits: 41
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....sh, AIR 1962 (Cal) 597. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, instructed by Syed Sakhawat Ali, AdÂvocate-on-Record — For the Appellant. Rafiq-ul-Huq, Senior Advocate, (Md. Fazlul Huq, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record — For t...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... (AD) 55., Abu Leyes v. Anwara Khalun, 29 DLR, SC 13 and Ramjan Ali v. Hedayatullah, 31 DLR (AD) 183, Bashirullah v. East Pakistan, PLD 1962 (Dhaka), 127 and Sm. Lalita Roy and others v. Rafiqueullah Khan, 18 DLR 107, Khodeja Begum v. Sagarmal Agarwalla, 1987 BLD (AD) 147, Adhinath v. Krishna Chandr......man J A.T.M. Afzal J Maria Keshi D'Rozario…………………………….......................... Appellant Vs. Hassan Movies Ltd., repÂresented by its Managing Director, 12 Banga Bandhu Avenue, P.S. Ramna, District Dhaka…………………………Respondent Judgment Nove..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....(Sk. Afzalur Rahman, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the ApÂpellant. Ziaur Rahman Khan, Advocate (appeared with leave of the court) instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Respondent No. 2 — Ex-parte. ......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......C 454 Lawyers Involved: Maksum-ul-Hakim, Senior Advocate, (Sk. Afzalur Rahman, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the ApÂpellant. Ziaur Rahman Khan, Advocate (appeared with leave of the court) instructed by Md. Aftab Hossain, Advocate-on-Recor......of 1987. (From the Judgement passed by the High Court Division Dhaka dated 8.4.87, in Writ Petition No. 120 of 1985). Judgment: A.T.M. Afzal J. — This appeal by leave is from the judgment and order dated 8 April 1987 passed by the Writ Bench of the High Court DiviÂsion, Dhaka dischargin..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. SamirudÂdin Vs. State, 1987, 16 CLC (AD)
....D) 157. ......Âlowed. The impugned orders of conviction and senÂtence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......Âlowed. The impugned orders of conviction and senÂtence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......4 An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-supposes the appellant's possession of the case holding and so long the order of the Civil Court was there and determination of the question of possession w..Category: Criminal Law | Date: | Hits: 59
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....ned judgement does not suffer from any infirmity. At this stage we need not enÂquire into the merit of the case. The appeal is disÂmissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ned judgement does not suffer from any infirmity. At this stage we need not enÂquire into the merit of the case. The appeal is disÂmissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ned judgement does not suffer from any infirmity. At this stage we need not enÂquire into the merit of the case. The appeal is disÂmissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......his Case is also Reported in: 41 DLR (AD) (1989) 127..Category: Criminal Law | Date: | Hits: 45
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ed as the assailant. Acquittal of the co-accused by the trial court on the plea of alibi will not destroy the dying declaration………….(8)  Lawyers Involved: Abdul Hamid, instructed by Md. Aftab Hossain, Advocate-on-Record—for the Appellant. B. Hossain, Advocate-on-Record—For t......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126...... Act, 1872 (1 of 1872) Section 32 There is no eye witness to the occurrence but the evidence adduced by the PW 1 who rushed to the victim immediately after the occurrence appears to be trust worthy and convincing. Moreover, in the dying declaration appellant was mentioned as the assailant. Acquitt..Category: Criminal Law | Date: | Hits: 61
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....ishad was filled up when Abdul Hamid Bhuiyan was elected as Acting Chairman of the said Union Parishad. This Acting Chairman AbÂdul Hamid Bhuiyan was soon replaced by another acting Chairman namely, Md. Idris on 2.7.86. Then Mr. Abdul Mazid Master the elected Chairman of Gallai (north) Union Parish......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ....... 367 Shyampada vs. Abani Mohan A.I.R. 1957 Cal. 420 Mangla Prasad Vs. District MagisÂtrate A.I.R. 1971 All 77(FB). Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, inÂstructed by MJK. Khan, Advocate-on-Record—For the Appellants (In C.A. No. 1 of 1989). M. Nurullah, Attorney-Gene...... Badrul Haider Chowdhury J Shahabuddin AhÂmed J M.H. Rahman J A.T.M. Afzal J Abdul Mannan Bhuiyan & Others……….Appellants (In Civil ApÂpeal No. 1 of 1989.) And Bangladesh and others…..................... Petitioners (In C.P. No. 310 of 1988) Vs Monirul Huq and ot..Category: Election Law | Date: | Hits: 128
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....ay continue on ad-interim bail granted by this division till disposal of criminal appeal pending before the High Court Division. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. M.R. Khan, Advocate-on-Record—For th...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......al of criminal appeal pending before the High Court Division. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. M.R. Khan, Advocate-on-Record—For the ReÂspondent Criminal Appeal No. 23 of 1987. Judgement: ......he Code of Criminal Procedure, 1898 (V of 1898), section 498 Where there is hardly any chance of abscondence in a case under section 420 of the Penal Code read with section 5(2) of Act II of 1947, and where the order of sentence under the provision is under challenge on appeal the accused appella..Category: Criminal Law | Date: | Hits: 53
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continÂue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......lant will continÂue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......lant will continÂue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......Criminal Procedure, 1898 (V of 1898), section 426 The order of payment of fine as a condition of getting bail is not sustainable in law or on the principle of reasonableness. The order is set-aside and the appeal is allowed. The appellant will continue on bail and realisation of fine be stayed til..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House BuilÂding Finance Corporation & another, 1989, 18 CLC (AD)
....e appellant. Shahid Alam, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record—For the respondent No. 1. T.H. Khan, Senior Advocate, M.A. Wahab Miah, Advocate with him, instructed by Md. Altab Hossain, Advocate-on-Record—For the respondent No. 2. Civil Appeal No. 6 of 1988 ......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......ith him, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the appellant. Shahid Alam, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record—For the respondent No. 1. T.H. Khan, Senior Advocate, M.A. Wahab Miah, Advocate with him, instructed by Md. Altab Hossain, Advocate......Vs. Bangladesh House BuilÂding Finance Corp. & anr........Respondents Judgment August 21, 1988. Compensation The entire balance amount of loan having been paid in full by the appellant and no outstanding claim remain with HBFC and such payment being made with concurrence of this court..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ...... 42 of the specific relief act for the entire disputed property. The plaintiff may however seek remedy by way of partition in an appropriate forum. ………………..(6) Lawyers Involved: T.H. Khan, Senior Advocate, M.A. Wahab Mia, Advocate with him, instructed by Syed Sakhawat Ali, Advocate-............................Respondents Judgment August 10, 1988. The Specific Relief Act, 1877 (1 of 1877), Section 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plainti..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ...... An amicable partition between brothers-co-sharers need not be affected by a registered instrument. …………(14 & 15) Cases Referred to- Malik Din v. Mohammad Aslam, 21 DLR SC 94, Tepu Khan v. Rajani Mohan Das, 2 CWN, 501; Govinda Narayan Singh v. Shamlal Singh, 58 Indian Appeals, 125...... Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy ComÂmissioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others…………….. Respondents (In both the appeals) Judgmen..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....asya v. Sishuram Deka, AIR 1924 Cal. 792 and Ram Ray Singh v. Rajendra Singh, AIR 1943 All. 247. Lawyers Involved: T.H. Khan, Senior Advocate, (MA. Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. M.A. Jalil, Advocate-on-Record— For...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......st. Abjannessa Bibi, 5 DLR 39; Kumudini v. Rashik, 11 CWN 517; Kameswari Dasya v. Sishuram Deka, AIR 1924 Cal. 792 and Ram Ray Singh v. Rajendra Singh, AIR 1943 All. 247. Lawyers Involved: T.H. Khan, Senior Advocate, (MA. Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocat...... Vs. Mohammad Madhu Mia & others........Respondents Judgment: December 4, 1988. The Specific Relief Act, 1877 (I of 1877), section 56 A co-sharer in exclusive possession of a separate and well defined share, against another co-sharer who threatens the former with dispossession the fo..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
.... M.H. Khandker Senior Advocate (A.J. Mohammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For the AppelÂlants. Sk. Afzalur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For respondent Nos. 1 (a) to 1(h) & 2-5. Civil Appeal No......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......299, Parbhawati Devi vs. Mahendra Narain Singh AIR 1981 Patna 133 and Harisadhan De vs. Radhika Prosad AIR 1938 Cal. 202, State of Bihar vs. Subodh Gopal AIR 1968 SC 281. Lawyers Involved: M.H. Khandker Senior Advocate (A.J. Mohammad Ali, Advocate with him) instructed by Sharifuddin Chaklader,..........Respondents Judgment November 16, 1988. Result: The appeal is dismissed. The Easements Act, 1882 (V of 1882), sections 4 & 15 There can be no easement without dominant tenement and a servient tenement. Section 18 deals with customary easement and it says that easement may be a..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... Vs. Shahid Mia & Others..............Respondents (In Civil Appeal No. 29 of 1988) Halimuddin…………………………………….Appellant (In Civil Appeal No. 2 of 1989) Vs. Md. Shamsuddin & others..................Respondents (In Civil Appeal No. 2 of 1989) Md. Sham......rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......n J ATM Afzal J A.F.M. Shah Alam...........Appellant (In Civil Appeal No. 40 of 1988) Vs. Mujibul Huq & Others………Respondents (In Civil Appeal No. 40 of 1988) Mozammel Hossain Khan..........Appellant (In Civil Appeal No. 38 of 1988) Vs. The Returning Officer & Upazi......ndents (In Civil Appeal No. 17 of 1989) Judgment February 19, 1989. Result: All the Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be..Category: Election Law | Date: | Hits: 165
Executive Engineer, PubÂlic Health, Barisal DiviÂsion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....PaÂkistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on- Record. — For the Appellant. Mvi. Md. Wahidullah, Advocate-on-Record. — For Respondent No. 1. Not represented—Respondent Nos. 2......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......ess without the permission of the Government……………………(7)  Cases Referred To- Saleh Ahmed vs. Bangladesh 36 DLR (AD) 1984 P. 26; North-West Frontier Province V. Suraj Narain Anand 751. A. 342; PaÂkistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371. Lawyers Involved: Abdul Wadud..Category: Employment/Service Law | Date: | Hits: 103
....te (Fida M. Kamal, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the Appellant.
T. H. Khan, Senior Advocate (M.A. Wahab Miah, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 9
M. Nurullah, Attorney General (H......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......Port Pilot ‘Comm’rs (1947) 330 U.S. 552; West Coast Hotel Co. Vs. Parrish, (1936) 300 U.S. 379 at page 400; AIR 1955 SC 166; R.K. Garg Vs. Union of India AIR 1951 SC 2138.
Lawyers Involved:
Khandker Mahbubuddin Ahmed, Senior AdvoÂcate (Fida M. Kamal, Advocate with him) instructed by Shari......ualification for a member of the Parliament is not discriminatory but is constitutionally valid.
Cases Referred to-
AIR 1971 SC 530 (564); Southern Rly Co. V. Greane, 216 U.S. 400; Smt. Indira Gandhi V. Raj Narayan, AIR 1975; State of West Bengal v. Anowar Ali Sarkar, AIR 1952, SC 75; Dhirendr..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....……(10&11) Cases Referred to- Amar Chandra Saha vs. Ajit Kumar Das, 33 DLR (AD) 37. Lawyers Involved: T. H. Khan, Senior Advocate, Lutfur Rahman Mondal, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant Khandker Mahbubuddin Ahmed, Senior Advo......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......ectment as a tenant from the suit premises. Thus the appeal is dismissed…………(10&11) Cases Referred to- Amar Chandra Saha vs. Ajit Kumar Das, 33 DLR (AD) 37. Lawyers Involved: T. H. Khan, Senior Advocate, Lutfur Rahman Mondal, Advocate with him, instructed by Md. Aftab Hossain, Adv......s. He denied having paid any rent at all to the heirs of late Mr. Zakir Hussain. The plaintiffs having acquired good title from the heirs of late Mr. Zakir Hossain have stepped into the shoes of the landlord and in view of the findings made by the trial court that the defendant was a tenant under th..Category: Others | Date: | Hits: 96
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....Case is also Reported in: 41 DLR (AD) (1989) 3. ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first apÂpellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first apÂpellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......pellant Vs. Md. Abdul Kalam Biswas alias Md. Abul Kalam Nasiruddin alias Abul Kalam Azad & another..........................Respondents Judgment April 5, 1987 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 19(1), 100 Practice and Procedure The Code of..Category: Property Law | Date: | Hits: 46
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......equences of causing bodily injury that resulted in death of the victim. Hence he is guilty of an offence under section 304 Part 1 of the Penal Code.………….(9) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by A. Basel Majumder, Advocate-on-Record, —For the Appellant. ...... Miah alias Lalu........................Appellant Vs. The State...................................Respondent Judgment September 2, 1987 The Penal Code, 1860 (XLV of 1860), sections 302 and 304, Part 1 Injury inflicted upon the victim by the appellant causing death of the victim afte..Category: Criminal Law | Date: | Hits: 53
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