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Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
..............Appellant. Vs. Mongla Barman and others .............................. Respondents Judgment November 21, 1990. Lawyers Involved: Jamiruddin Sircar, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellant. Abdul Hamid, Advocate, instructed by M No......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......llate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafizuddin Ahmed...............Appellant. Vs. Mongla Barman and others .............................. Respondents Judgment November 21, 1990. Lawyers I..Category: Property Law | Date: | Hits: 31
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....tifur Rahman J Chairman, Bangladesh Council of Scientific & Industrial Research (BCSIR) Dhanmondi, Dhaka & other.................Appellants Vs. Abdul Khaleque, S/o late Md. Akram Hossain Talukdar, 26/6, Block-A, Khilgaon, PS Motijheel, Dhaka‑ 12.......................its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......afiqur Rahman, Senior Advocate, (Matiur Rahman, Advocate with him), instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 92 of 1990, (From the judgment and order dated 11 th June, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 52 o..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....g dead her heirs: Ankurornessa alias Tahurunnessa and others..............Respondents Judgment December 17, 1990. Lawyers Involved: M Shahed Alam, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants. ANM Gaziul Huq, Advocate instructe......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ...... without costs. Ed. ..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....cted by AW Mallik, Advocate-on-Record-For the Appellant (In Criminal Appeal No. 9 of 1987). AB Majumder, Advocate-on-Record-For the Petitioners (In Criminal Petition No. 30 of 1986). Md. Fazlul Karim, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respond......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ...... (Criminal) Present: MHR Rahman J Mustafa Kamal J Latifur Rahman J State………………..Appellant Vs. Shafique and others…........... Respondents Khokan and another........Accused-Petitioners ..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991. Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney-Gene......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ...... appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....ropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......he Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....am was a naughty boy and that he used to go out by taking money from his house. He also denied the defence suggestion that the accused persons were at Jessore at the time of occurrence. 54. PW 2 Md. Salim, a student of Class VIII of Bhanga High School testified that on the day of occurrence whe...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State………....................Appellant Vs. Khasru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment November 8, 1990. Result: The ..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....h him) instructed by Abu Backkar, Advocate-on-Record-For the Appellant. Abdul Malek, Senior Advocate instructed by Shamsul Hoque Siddique, Advocate-on-Record-For the Respondent No. 1. Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 2 (State). Criminal Appeal No. 12 ...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......irun Nessa ......................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991. Lawyers Involved: TH Khan, Senior Advocate, (MA Wahhab Miah, Advocate with him) instructed by Abu Backkar, Advocate-on-R......Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Samirun Nessa ......................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991. Lawyers Involve..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......ity and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....ust 29, 1990. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record-For the Appellant. Bahauddin Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 7-4, 5(a), 5(a) 1 to 5(a) VIII, 6, 9 ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ...... of the Bengal Tenancy Act provides for alteration of rent where there is alteration in area. The patni laws do not contain any such provision. In the case of Maharaja Ranjit Sinha vs. Abdul Rahim Khan Chowdhury, 45 IC 190, the Patnidar filed a suit for abatement of rent. The Courts below grante...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh…………….................Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment August 29, 1990. L..Category: Property Law | Date: | Hits: 28
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....Abdul Kader Chowdhury..............Petitioner Vs. Nurul Islam and Others.................Respondents Judgment August 7, 1990. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented - Respondent. ......ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Kader Chowdhury..............Petitioner Vs. Nurul Islam and Others.................Respondents Judgment August 7, 1990. Lawyers Involved: Sultan..Category: Civil Law | Date: | Hits: 105
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... Referred to- ALN Satnappa Chetti & ors Vs. Thayyanyaki Ammal, AIR 1942 Mad. 698; Anukul Chandra Chakravarti Chairman, Dhaka Dist. Board, AIR 1928 Cal 485. Lawyers Involved: Md. Mozammel Huq, Senior Advocate instructed by Md. Aftab Hossain, Advocate-Record-For the Appellan...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......kravarti Chairman, Dhaka Dist. Board, AIR 1928 Cal 485. Lawyers Involved: Md. Mozammel Huq, Senior Advocate instructed by Md. Aftab Hossain, Advocate-Record-For the Appellant TH Khan, Senior Advocate, (MA Wahab Mia Advocate, with him) instructed by Sharifuddin Chaklader, Advoc......din Ahmed CJ MH Rahman J AT Afzal J Latifur Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong........................Defendant-Appellant Vs. Most. Sharifjan Bibi an..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
.... Judgment March 27, 1990. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 to 6. Not represented-Respon......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ......... Defendant-Appellants Vs. Abdul Latif Bhuiyan & others....................... ...... Plaintiff-Respondents Judgment March 27, 1990. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Recor....... Defendant-Appellants Vs. Abdul Latif Bhuiyan & others....................... ...... Plaintiff-Respondents Judgment March 27, 1990. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
.... already been started. PW 12 the Sub‑Inspector of Police came to the house of the accused persons and held inquest on the dead body of Halima. On post-mortem examination of the dead body PW 11, Dr. Md. Hafizur Rahman found ecchymosis on various parts of the body, fracture of the left parietal bone......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Respondent. Criminal Appeal No. 10 of 1987. (From the judgment and order dated 17th April, 1985 passed by the High Court Division, Rangpur, which, in Death Referen..Category: Criminal Law | Date: | Hits: 49
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....re ignoring of certain side-aspects arising out of a piece of evidence. ……….(10) Cases Referred to- Abdur Rashid Khondoker Vs. Chandu Master & ors, 16 DLR (SC) 605. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Abul Quasem, Advocate-on-Record— For the Appellan......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......nvolved: Md. Fazlul Karim, Senior Advocate, instructed by Abul Quasem, Advocate-on-Record— For the Appellant. B. Hossain, Advocate-on-Record— For the Respondent No. 1(The State). T. H. Khan, Senior Advocate (M.A. Wahab Mia), instructed by Miah A. Gafur, Advocate-on- Record— For the ......relating to appraisal of evidence has been fallowed or not, whether some material piece of evidence has been overlooked or misappreciated winch could have a profound bearing on the order of acquittal and things like that. Misappreciation of evidence is not ordinarily a ground for interference with a..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291...... by 8 bullocks of appellant Shahjahan at about 10 A.M. whereupon the bullocks were impounded; but he and his men forcibly snatched away the bullocks. At about 5-30 P.M. the Informant's cousin Morshed Khan, P.W.11, was attacked by the appellants and the other accused persons on his way to Changutia h......eal No. 20 of 1986 Proof beyond reasonable doubt in case of conviction - Mysterious death without proof of injury shall not warrant conviction The evidence of the vital witnesses was not shifted and assessed according to rules of evidence by the trial court and the High Court Division. The circ..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....akhan Mahato and others Vs. State of Bihar AIR 1966 S.C. 1742, State of Andhra Pradesh Vs. T. Narayana AIR 1962 S.C. 240, Zamir Qasim and others Vs. Emperor, ILR 1944 All 403. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-Genera......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......e...........................................Respondent Judgment July 21, 1988. Criminal Appeal No. 18 of 1985 The Code of Criminal Procedure, 1898 (V of 1898), section 236, 237, 238, 417 and 423 The process of altering a finding in an appeal from conviction must operate only within th..Category: Criminal Law | Date: | Hits: 55
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......il, is not just and proper. The order is set-aside and the case is remanded to the High Court Division for disposal according to law………………………(5,6) Lawyers Involved: Shaukat Ali Khan, Senior Advocate instructed by A. Baset Majumder, Advocate-on-Record—For the Appellants. B......t Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....e is also Reported in: 40 DLR (AD) (1988) 279 ......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ...... 426 Condition of payment of fine for bail Order for payment of the fine as a condition for the bail is not supportable either in law or on the principle of reasonableness. The appeal is allowed and the order for payment of fine as a condition for the bail already granted is set-aside. Realisat..Category: Criminal Law | Date: | Hits: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....…………(9,11,12) Cases Referred to- 59 C.W.N. 1082; 11 DLR (PC) 143; 9 DLR 601; 13 DLR 101; 11 DLR (PC) 143. Lawyers Involved: Siddique Ahmed Chowdhury, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. T. H. Khan, Senior Advocate, (M. A. Wa......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ...... (PC) 143; 9 DLR 601; 13 DLR 101; 11 DLR (PC) 143. Lawyers Involved: Siddique Ahmed Chowdhury, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. T. H. Khan, Senior Advocate, (M. A. Wahhab Miah, Advocate) instructed by Sharifuddin Chaklader, Advocate-o......re deciding the question of limitation. The applications being clearly time-barred, the courts were not obliged to consider the case on merit whether there were irregularities in conducting the sales and the holdings were sold at a low price. The appeal is dismissed…………………(9,11,12) C..Category: Property Law | Date: | Hits: 24
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