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Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)

.... DLR (AD) (1984) 97. ......ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ......eferred to- Govind Narain Rao Desai vs. Vallabhrao Narayantao Desai, AIR 1920 Bom. 321; Chaitanya Naiko vs. Kanthino Naiko, AIR 1965 Ori 217; Sardar Wali Muhammad vs. Sardar Muhammad Iqbal Khan Mokal, PLD 1975 Lah 492; Mst. Ghulam Zainab vs.  Mst. Tahira Sultana, PLD 1977 Lah. 830; ......d, therefore, be exer­cised only in extreme cases. Where there is not merely apprehension of possible danger but the   peril or danger to the property in question appears to be great and imminent, such appointment may be made………….(13) There is no ..

Category: Property Law | Date: | Hits: 45

Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)

....d in: 36 DLR (AD) (1984) 94. ...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without how­ever any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without how­ever any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Monzoor Alam......................................... Appellant Vs. Noor Mohammed and ors ................................Respondents Judgment August 24, 1983. The finding..

Category: Tenancy Law | Date: | Hits: 111

Md. Matiur Rah­man Vs. Asgar Ali & ors., 1984, 13 CLC (AD)

.... ......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dis­missed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dis­missed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ..................Appellant Vs. Asgar Ali & ors……….....................……Respondents Judgment October 19, 1983. Sections 263 and 264 of the Code of Criminal Procedure do not contemplate that reasoning should be given in case..

Category: Criminal Law | Date: | Hits: 41

Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)

.... (1984) 88. ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... Surajmal and others, AIR 1936, Patna 591; Katragadda China Ramaya Vs. Chiruvolla Venkanraju and ano­ther, AIR 1954, Madras, 864 (Full Bench). Lawyers Involved: Habibur Rahman Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. ...... Appellate Division (Civil) Present: FKMA Munim C J Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Darasatullah and others...............................Appellant Vs. Manik Mondal and others......

Category: Property Law | Date: | Hits: 30

Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)

.... Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J  Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Dabiruddin Ahmed @ Lablu.......................................Appellant ...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 77. ...... 8)  Lawyers Involved: A. K. M. Mozammel Haque Bhuiyan & Rabia Bhuiyan, Advocates instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. T. H. Khan, Senior Advocate (A.Y. Mosihuzzaman, Advocate with him) instructed by Ranesh Chandra Maitra, A............Respondent Judgment December 7, 1983. The appellant is claiming custody of his daughter who is in judicial custody at the same time the respondent claiming himself husband of the detenu seeks her custody. The matter is pending before the Chief Metropolitan Magistrat..

Category: Criminal Law | Date: | Hits: 58

Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)

.... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J   Syed Md. Mohsen Ali J Pulin Behari Barua..................................Appellant Vs. ......ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......, being dead his heirs: Siddique Ahmed & others..............Respondents Judgment May 31, 1983. The usufructuary mortgage of the suit is not hit by section 26G as now stands amended and the right of redemption continued even after the auction purchase of the suit lan..

Category: Property Law | Date: | Hits: 35

Bangladesh Agricul­tural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)

.... Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricul­tural Development Corporation............................st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ...... Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricul­tural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Respondents Judgment ......wdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricul­tural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Respondents Judgment May ..

Category: Employment/Service Law | Date: | Hits: 63

Abdus Salam Mas­ter alias Salam and another Vs. The State, 1983, 12 CLC (AD)

....n: 36 DLR (AD) (1984) 58. ......find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......s, ILR Cal. 286; Ram Gopal V. State of Bombay, AIR 1958, SC 97; Vadilal Panchal V. Dattairaya Dulaji, AIR 1960 SC 1113; Pramatha Nath v. Saroj Ranjan, AIR 1962 SC 876. Lawyers Involved: T. H. Khan, Senior Advocate (Jamiruddin Sircar and M.A. Wahab Miah, Advocates with him), instruct­ed by M...... Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chow­dhury J Sahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdus Salam Mas­ter alias Salam and another…………...........Appellants Vs. The State..............................Resp..

Category: Criminal Law | Date: | Hits: 79

Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)

.... Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Badruddin Khan…………....................Appe......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Badruddin Khan…………....................Appellant Vs. Bangladesh &......Vs. Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in f..

Category: Property Law | Date: | Hits: 30

Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)

.... (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Syed Md. Mohsen Ali J Md. Shahabul Huda...................................Appellant ......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......y oust a person in possession of the disputed premises, during the pendency of such proceeding……………….(13) Lawyers Involved: T. H. Khan, Senior Advocate, (Alimuzzaman Chowdhury and M. A. Wahab Miah, Advocates with him) instructed......premises, during the pendency of such proceeding……………….(13) Lawyers Involved: T. H. Khan, Senior Advocate, (Alimuzzaman Chowdhury and M. A. Wahab Miah, Advocates with him) instructed by Sharifuddin Chaklader, Advocate-on-Record&m..

Category: Criminal Law | Date: | Hits: 75

Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)

.... Case is also Reported in: 36 DLR (AD) (1984) 42. ...... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......resent: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Tofazzal Hossain Shaikh................................ Appellant Vs. Mir Md. Akand & ors……….........................Respondents Judgment October 19, 1983. The..

Category: Anti-Corruption Laws | Date: | Hits: 112

Abdul Karim Meah Vs. Arch Bishop, Chris­tian Missionaries and another, 1984, 13 CLC (AD)

.... Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J   Chowdhury A.T.M. Masud J  Syed Md. Mohsen Ali J Abdul Karim Meah..................................Appellant Vs. ......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 38. ......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 38. ...... Chowdhury A.T.M. Masud J  Syed Md. Mohsen Ali J Abdul Karim Meah..................................Appellant Vs. Arch Bishop, Chris­tian Missionaries and another.......................Respondents Judgment May 31, 1983. The Co..

Category: Civil Law | Date: | Hits: 87

Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)

....." ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception.   The petition for leave to appeal is accor­dingly dismissed." ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception.   The petition for leave to appeal is accor­dingly dismissed." ......­lant. A.W. Bhuiyan, Additional Attorney-General, instructed by A.W. Mallik, Advocate-on-Record—For the respondents. Civil Appeal No. 83 of 1982. (From the Judgment and Order dated March 12, 1981 passed by the High Court Division in First Appeal No. 128 of 1973.) ..

Category: Employment/Service Law | Date: | Hits: 105

Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)

....sp;  (Criminal)   Present:   FKMA Munir CJ   Badrul Haider Chowdhury J   Shahabuddin Ahmed J   Chowdhury ATM Masud J   Syed Md. Mohsen Ali J   Nasiruddin Mahmud & others........................ Appellants&nb......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed.  Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 14. ......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed.  Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 14. ......  The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country.  When a litigant brings a case before the court he is entitled to a decision and adjudication of the dispute and such adjudication is to be performed in accordance with the laws..

Category: Criminal Law | Date: | Hits: 146

Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)

....resent: FKMA Munim CJ Badrul Haider Chowdhury J  Shahabuddin Ahmed J    Chowdhury ATM Masud J  Syed Md. Mohsen Ali J Abdul Hakim............................................…&hell......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 5. ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 5. ......J  Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant Vs. Goleda Begum and others………..............................Respondents Judgment ..

Category: Others | Date: | Hits: 97

Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)

....D (AD) 29. ...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... The State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908), section 115 (1)  Jurisdiction of Courts is created by statutes and that it can neither be conferr­ed nor taken away by agreement or concession of parties to litig..

Category: Property Law | Date: | Hits: 122

Abdul Quddus Vs. The State, 1991, 20 CLC (AD)

....at he heard that a telephone call was made to the Police Station but he could not say as to who made the call. He also stated that soon after the occurrences there were 30/3 5 people including PW 7 Md. Riazuddin Miah, PW 8 Dr. Habibur Rahman and others. He denied the defence suggestion that in c...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......lting deceased Dilara. He also narrated the occurrence to the informant after his arrival in the house from bazar. This witness was also named in the First Information Report. PW 11 Md. Abul Mohsin Khan, son-in-law of PW 1 is a witness to the inquest report. PW 12 Md. Humayun is another seizure ...... Ali Advocate-on-Record-For the Appellant. B Hossain, Advocate-on-Record - For the Respondent. Criminal Appeal No. 8 of 1991 with Jail Petition No. 1 of 1991. (From the Judgment and order dated 22.8.1990 passed by the High Court Division, Rangpur Session, in Death Reference No..

Category: Criminal Law | Date: | Hits: 58

Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)

....oned plan for rebuilding the house, passed in 1978. The suit was filed in 1980. He stated that he needed the house for himself and his family members for residence. The plaintiff’s son PW It Md. Alamgir stated that he was doing business at Dhaka staying at the residence of his sister. They......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ............Respondent Judgment March 18, 1991. Case Referred to- Abdus Sattar and others Vs. Suresh Chandra Das and others, 32 DLR (AD) 170. Lawyers Involved: TH Khan, Senior Advocate, (MA Wahhab Miah, Advocate,with him), instructed by Abu Backkar, Advocate-on......e enforced through Court. Ed. ..

Category: Property Law | Date: | Hits: 26

Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)

....Khan Saifur Rahman, Advocate (MA Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Criminal Appeal No. 8 of 1989. ......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ...... Jatin Chandra Sit and others............Accused-Appellants Vs. The State.....................Respondent Judgment January 2, 1991. Lawyers Involved: Khan Saifur Rahman, Advocate (MA Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklade......ions Judge. Ed. ..

Category: Criminal Law | Date: | Hits: 51

Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)

.... Attorney‑General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants (In all the appeals). Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent (In all the appeals). Civil Appeal No...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......huiyan, Additional Attorney-General (AY Salehuzzaman, Deputy Attorney‑General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants (In all the appeals). Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For......ith costs. Ed. ..

Category: Others | Date: | Hits: 88