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Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)

....other 36 DLR(AD) 14. Lawyers Involved: S.C. Das, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record, — For the Appel­lant. B. Hossain, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 2 (State). M.A. Wahhab Miah, Advocate......lly proved. It was accepted by all the three Courts below. We find no reason to in­terfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......ruddin Mahmud and others Vs. Mamtazuddin and another 36 DLR(AD) 14. Lawyers Involved: S.C. Das, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record, — For the Appel­lant. B. Hossain, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record — For Responde......ourt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah­man J A.T.M. Afzal J Mohammad Musa..........................Appellant. Vs. Kabir Ahmed & anothers.................Respondents Judgment January 25, 1989. The P..

Category: Criminal Law | Date: | Hits: 44

Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)

....as not available to the appellants since from complainant party they had no reasonable apprehension either of imminent death or of grievous hurts………………….(10 & 12) Lawyers Involved: Md. Abdul Malek, Senior Advocate, instructed by Md. Sajjadul Hug, Advocate-on-Record — For the App......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......ent death or of grievous hurts………………….(10 & 12) Lawyers Involved: Md. Abdul Malek, Senior Advocate, instructed by Md. Sajjadul Hug, Advocate-on-Record — For the Appellants. B. Hossain, Assistant Attorney-General, in­structed by M.R. Khan, Advocate-on-Record— For the Respon......989) 147..

Category: Criminal Law | Date: | Hits: 49

Syed Nizamuddin Mohsin Vs. People's Republic of Ban­gladesh, 1989, 18 CLC (AD)

....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......der granting of settlement of such land with sympathy to such persons……………..…(5 & 7) Case Referred To- A. Mannan vs. Kulada Ranjan 31 DLR (AD) 195. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record —For the Appell......ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J A.T.M. Afzal J Syed Nizamuddin Mohsin being dead his heirs Setara Begum & Others.........Appellant Vs. People's Republic of Ban­gladesh........Respondents Judgment December 1, 1988. The ..

Category: Property Law | Date: | Hits: 42

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 Ap­pellant. 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......ur Rahman, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Ap­pellant. 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. Civil A......ent: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Mozibur Rahman............................................................................ Appellant Vs. The Chairman, Dhaka Improvement Trust, D.I.T. Building, Dhaka & others.......Respondents J..

Category: Employment/Service Law | Date: | Hits: 89

Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din Vs. State, 1987, 16 CLC (AD)

....D) 157. ......­lowed. The impugned orders of conviction and sen­tence 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. ......respass. The appeal is allowed………………..(11 & 12) Lawyers Involved: A.J. Mohammad Ali, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. B. Hossain, Assistant Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the R...... (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din...................Appellant Vs. The State....................................................... Respondent Judgment N..

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 en­quire into the merit of the case. The appeal is dis­missed. 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 en­quire into the merit of the case. The appeal is dis­missed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ontention and the appeal is dismissed………………(2 & 4) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—for the Appellants. B. Hossain, Assistant Attorney-General, in­structed by M. Nowab All, Advocate-on-Record—for the Resp......27..

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......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 the Re­spo......ourt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah­man J A.T.M. Afzal J Abdul Hakim @ Lokman Hakim............Appellant Vs. The State………………………………………………Respondent Judgment Augu..

Category: Criminal Law | Date: | Hits: 61

ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)

.... Moksudur Rahman, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Khondker Mahbubuddin Ahmed, Senior Advo­cate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte— For the Respondent N......aying the appeal has become of mere aca­demic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......nd no such rebuttal evidence was adduced. Hence the prayer for remand does not merit consideration. ………….(6 & 8) Lawyers Involved: Moksudur Rahman, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Khondker Mahbubuddin Ahmed, Senior Advo­cate (M......aider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Additional Deputy Com­missioner, Revenue and Assistant Custodian Vested Property, Chandpur.................... Appellant Vs. Tafurnessa wife of Ali Ah­med Mia and others..............................Respondents Jud..

Category: Property Law | Date: | Hits: 56

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 Ab­dul 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 ......FB). Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, in­structed by MJK. Khan, Advocate-on-Record—For the Appellants (In C.A. No. 1 of 1989). M. Nurullah, Attorney-General with B. Hossain, Deputy Attorney General, instructed by Mr. M. R. Khan, Advocate-on-Record—For the Petitio......sed validly and legally because the composition of the Upazila Parishad meeting was not in accordance with law. ………………………(24 & 33) Cases Referred To- Namdeorao Madhavroa Thakre Vs. Dulaji Sitaram Patil 70 Bombay 843 Sukhdeo vs. Arrah Municipality A.I.R. 1956 Pat. 367 Shyampada..

Category: Election Law | Date: | Hits: 128

Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)

....e in respect of the alleged deed of sale………………………(13 & 14) Lawyers Involved: Mohammad Yeasin, Advocate, instructed by-Abu Backkar, Advocate-on-Record.—For the Appel­lant. Md. Nurul Huq, Advocate-on-Record.—For Re­spondent Nos. 1, 2 and 3. B. Hossain, Advocate-on-Re......vidence in respect of the alleged sale of .02-1/2 deci­mals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113...... Lawyers Involved: Mohammad Yeasin, Advocate, instructed by-Abu Backkar, Advocate-on-Record.—For the Appel­lant. Md. Nurul Huq, Advocate-on-Record.—For Re­spondent Nos. 1, 2 and 3. B. Hossain, Advocate-on-Record—For Respon­dent No. 5. No one for Respondent No. 4 Civil Appeal......Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Sona Mia Bepari & ors................Appellants Vs. Jamila Khatun & ors…………………………………........... Respondents Judgment..

Category: Property Law | Date: | Hits: 33

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...... 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...... in: 41 DLR (AD) (1989) 112..

Category: Criminal Law | Date: | Hits: 53

Abdul Jalil Vs. Bangladesh House Buil­ding 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......t. 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 Judgement......89) 109..

Category: Property Law | Date: | Hits: 30

Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)

....is reluctant to restore and also to relieve the parties from fruitless litigation…………………….(5) Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record— For the Petitioner Md. Afzal Hossain, Advocate-on-Record-For the respondent Nos. 1, 3(f) & 4. Not represented- Respo......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105......nt to restore and also to relieve the parties from fruitless litigation…………………….(5) Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record— For the Petitioner Md. Afzal Hossain, Advocate-on-Record-For the respondent Nos. 1, 3(f) & 4. Not represented- Respondent Nos....... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Sanatannessa Bewa.......................................................Petitioner Vs. Haipatullah Sarker & others.............................................Respondents Judgme..

Category: Procedural Law | Date: | Hits: 96

Hazi Waziullah Vs. Additional Deputy Com­missioner, 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. ...... a certified copy of a judgment dated 31-1-70 in Title Appeal No. 169 of 1965 which arose from Title Suit No. 126 of 1962 in the Court of Subordinate Judge, Noakhali. That suit was filed by one Golam Hossain (who is P.W.2 in the present suit) against one Mukhlesur Rahman and others impleading all th......sion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy Com­missioner, Revenue, Noakhali & Assistant Custodian of Vested a..

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 ......shuram 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 Responden...... 41 DLR (AD) (1989) 92 ..

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 Appel­lants. 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 ......handker Senior Advocate (A.J. Mohammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appel­lants. 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. 127 of 1...... ..

Category: Property Law | Date: | Hits: 36

Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)

....ions of fact were disputed. The judgement and order of the High Court Division is set-aside and the writ is recalled……….(5) Lawyers Involved: Nurullah, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocates-on-Record—For the Appellant. Ishtiaq Ahmed, Senior Advocate (Mahmudul......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......Nurullah, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocates-on-Record—For the Appellant. Ishtiaq Ahmed, Senior Advocate (Mahmudul Is­lam, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 10. Respondent Nos. 1-9— Not Represented. ......9) 87 ..

Category: Election Law | Date: | Hits: 110

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 as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ...... H Rahman 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 &am......ppellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M H Rahman 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 Hos..

Category: Election Law | Date: | Hits: 165

Executive Engineer, Pub­lic Health, Barisal Divi­sion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....Pa­kistan 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......th-West Frontier Province V. Suraj Narain Anand 751. A. 342; Pa­kistan 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. —...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Executive Engineer, Pub­lic Health, Barisal Divi­sion, Barisal………………….Appellant Vs. Mohammad Ali & ors.............. Respondents Judgment February 15, 1989.   The ..

Category: Employment/Service Law | Date: | Hits: 103

Gopal Chandra Shah Vs. The Deputy Commission­er, Sunamganj & another, 1989, 18 CLC (AD)

....……….(14) Lawyers Involved: S.R. Paul, Senior Advocate, instructed by Kazi Ebadul Huq Advocate-on-Record— For the Ap­pellant. B. Hossain, Assistant Attorney-General, instruct­ed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondents. Civil Appeal No. 59 of 1986 Judg...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......d upon earlier, till the shop is shifted…….…………….(14) Lawyers Involved: S.R. Paul, Senior Advocate, instructed by Kazi Ebadul Huq Advocate-on-Record— For the Ap­pellant. B. Hossain, Assistant Attorney-General, instruct­ed by Md. Sajjadul Huq, Advocate-on-Record— For the....... ..

Category: Others | Date: | Hits: 125