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Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....igh Court Division. Case Referred to- Sultan Ahmed Vs. Azizullah &. others (1980) 4 Bangladesh Supreme Court ReÂports, page 366. Lawyers Involved: Bahauddin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the AppelÂlant. Md. Abut Quasem, Advocate-on-Record......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......f acquittal involving an offence punishable with sentence of imprisonment exceeding one year is beyond jurisdiction of a single bench of the High Court Division. Case Referred to- Sultan Ahmed Vs. Azizullah &. others (1980) 4 Bangladesh Supreme Court ReÂports, page 366. Lawyers Involv..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....ivision was not justified to decline jurisdiction after three years on the ground of alternative remedy……………………..(11-14) Lawyers Involved: H. R. Sharif, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. A. W. Bhuiyan, Additional Attorney-Ge......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......preme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors....Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....ad (election) Rules, 1983 in directing re-election…………………..(7) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant Md. Fazlul Karim, Senior Advocate, instructed by A. Basel Majumder, Advocate-on-Record—For ReÂspo......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......spondent Nos.2-4. Civil Appeal No. 22 of 1989. (From the judgment and order dated 8th January, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 264 of 1988). Judgment MH Rahman J.- This appeal is directed against the judgement and order dated 8th January, 1989 passed by......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH RahÂman J ATM Afzal J Moulana Abdul Matin..................................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: ..Category: Election Law | Date: | Hits: 111
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....gh Court Division holding the same view. ……….……..(5) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by Syed Sukhawat Ali, Advocate-on-Record—For the Appellants. Shah Md. Sharif, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Respondent No.1......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......er as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Serina Begum and another...............................................Appellant Vs. Mofizul Islam and others............................................Respondents Judgment ..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
.... AIR 1988 IIP 4. Lawyers Involved: Dr. Kamal Hossain, Senior Counsel, instructed by Miah Abdul Gafur, Advocate-on-Record— For the Petitioners. Habibur Rahman Sharif, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Not Represented. — For Respo......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......igation these days. Courts have expressed their anxiety in such a litigation. The Indian Supreme Court, in a number of decisions, considered the nature of this proceeding. In the case of Sheela Barse Vs. Union of India and others reported in AIR 1988 (SC) 2211 noticed— "The proceedings do not ..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....Co. V. Betts [1928] A.C. 143; A.K.M. Ruhul Amin Vs. District Judge and Appellate Election TriÂbunal, Bhola and others, 38 DLR (AD) 172; Payne V. Bradley [1962] A.C. 343. Lawyers Involved: Shah Md. Sharif, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Appellant. (In......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil ApÂpeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ...... costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......pellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Mohammad Julfikar………………......................Appellant Vs. Abul Kalam Chowdhury and others.....................Respondents (In Civil Appeal No. 40 of 1..Category: Election Law | Date: | Hits: 125
Nurul Islam (Md) Vs. Election CommisÂsion & others, 1989, 18 CLC (AD)
.... Court Division acted illegally in interfering with the election commission’s order for re-election…………………….(3 & 4) Lawyers Involved: Zakir Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the AppelÂlant. Sharifuddin Chaklader, Advocate-on-......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......ent Nos. 1—9. Civil Appeal No 25 of 1987. (From the judgment and order dated 11th DeÂcember, 1986 passed by the High Court Division, Dhaka in Civil Order No. 988 of 1986). Judgment MH Rahman J.- This appeal by special leave is directed against the judgment and order dated 16th August......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH RahÂman J ATM Afzal J Nurul Islam (Md)........................................................Appellant Vs. The Election CommisÂsion & others...................................Respondent Judgm..Category: Election Law | Date: | Hits: 114
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....er Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Bangladesh, represented by the Deputy CommissionÂer, Pabna and others...........Appellants Vs. Abdus Sobhan Talukder (Md.) and another..............................Respondents Judgment. June 5, 1989. Result:......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......Kanakammal AIR 1961(Mad)198; Muthia Chettiar & ors. Vs. V.E.S. Shanmugham Chettiar & another, AIR 1969(SC) 552; ILR 8 Bom 561; ILR 4 All. 530; 7 DLR (FC) 170. Lawyers Involved: Maksudur Rahman, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the ApÂpellant Nos. 1 &......il) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Bangladesh, represented by the Deputy CommissionÂer, Pabna and others...........Appellants Vs. Abdus Sobhan Talukder (Md.) and another..............................Respondents Judgmen..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....……(4) Lawyers Involved: K.S. Hossain, Advocate inÂstructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. A.W. Bhuiyan, Additional Attorney General, inÂstructed by Md. Sajjadul Huq, Advocate-on- Record—For the Respondent. Criminal Appeal No. 16 of 1987. (F......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is disÂmissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......se is also reported in: 42 DLR (AD) (1990) 62. ......late Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH RahÂman J S.M. Khaliur Rahman and others.......................................Appellants Vs. The State................................................................Respondent Judgm..Category: Criminal Law | Date: | Hits: 39
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....can only be thrashed out in the pending suits which are directed to be disposed of expeditiously…………………………(7) Lawyers Involved: Asrarul Hussain, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Record.—For the Appellant. M. Nurullah, Senior Advocate (Mozammal H......d and disposed of by 30th NoÂvember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......d and disposed of by 30th NoÂvember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ..Category: Banking Law | Date: | Hits: 99
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
....………………………(3) Lawyers Involved: S.R. Pal, Senior Advocate inÂstructed by Habibur Rahman, Advocate-on-Record. — For the Petitioner. Mahbubey Alam, Advocate inÂstructed by Md. Sajjadul Huq, Advocate-on-Record. — For the Respondent No. 1. Not represented —Respondent...... of a modern progressive Society, an educational instituÂtion is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ......of a modern progressive Society, an educational institution is regarded as a temple of learning………………………(3) Lawyers Involved: S.R. Pal, Senior Advocate inÂstructed by Habibur Rahman, Advocate-on-Record. — For the Petitioner. Mahbubey Alam, Advocate inÂstructed by Md. S...... of a modern progressive Society, an educational instituÂtion is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ..Category: Family Law | Date: | Hits: 157
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
....”For the Appellant. A.W. Bhuiyan, Additional Attorney General, inÂstructed by A.W. Mallik, Advocate-on-Record—For the Respondent No 1. Salehuzzaman, Deputy Attorney General, inÂstructed by Md. Aftab Hossain, Advocate-on- Record—For the Respondent Nos. 2(a)-2(c), 9(a)-9(d),16(a)-16(b) 19...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......rder as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......r declaration simpliciter is not maintainable, the findings of the said suit are not res judicata in the present suit. ReliÂance was placed on the case of K.B. Kishore Acharayya Chowdhury and others Vs. Province of East Bengal, 6 DLR page 1. The Appellate Court afÂfirmed this view and decreed the ..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
.... Khandakar Mahbubuddin Ahmed, Senior AdvoÂcate, Mahbubey Alam, Advocate with him, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent No. 1. M. A. Rouf, Advocate instructÂed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent Nos. 2 and 3. Ex parte—Respondent......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......hout any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....he valuation of the transferred share on the date of the filing of the application for permission to purchase the share of the stranger-purchaser………………….(11) Cases Referred to— Md. Tazammul Hossain Vs. Purni Agarwalini 10 DLR 318; Md. Magdu Bhuiya Vs. Jabban Huq 11 DLR 355; Md......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is disÂmissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......n this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Sayesta Bibi and others.......................................................Appellants Vs. Juma Sha and others.......................................................Respondents Jud..Category: Property Law | Date: | Hits: 45
Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)
.... reported in: 42 DLR (AD) (1990) 52. ...... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ......yed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ...... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inferÂence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inferÂence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......smissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inferÂence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..Category: Criminal Law | Date: | Hits: 43
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ..Category: Election Law | Date: | Hits: 115
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....(1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......rt, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....S.C. 1775; Sheo Swarup and others vs. King Emperor AIR 1934 Privy Council 227; Safdar Ali V. Crown 5 DLR 107; Taleb v. State, 19 DLR (SC) 134; Abdur Rashid V. State, 14 DLR SC 263; Ghulam Mohammad v. Md. Sharif and the State, 21 DLR SC 206; Abdur Rashid Khondkar v. Chandu Master and others, 16 DLR (...... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ....... Moreover evidence of eye-witness have been corroborated by a disinterested witness. So such evidence of eyewitnesses cannot be discarded………………..(47 & 54) Cases Referred to— Nazir Vs. State 14 DLR (SC) 159; Niaz Vs. State 12 DLR (SC) 289; Bhagwan Swarup Vs. State of Maharashtra, ..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....R (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......he sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
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