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

....dhury J S. Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Saleh Ahmed Joarder................................. Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. The Ap...... FKMA Munim CJ B H Chowdhury J S. Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Saleh Ahmed Joarder................................. Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment ......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." ......for leave to appeal is accor­dingly dismissed." ..

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

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

....872) L.R. 4 P.C. 419 A.I.R. 1951 Calcutta, A.I.R. 1965, (SC) at page 1433; Akamuddin Ahmed Vs. The State, 27 DLR (AD) 175(177); Abdul Quader Chowdhury Vs The State, 28 DLR (AD) page 39; Government of Bangladesh Vs A.T. Mrida. 26 D.L.R.(SC) 17; Abdul Quader Chowdhury V. The State, 28 DLR (AD) 39.&nbs......howdhury J   Shahabuddin Ahmed J   Chowdhury ATM Masud J   Syed Md. Mohsen Ali J   Nasiruddin Mahmud & others........................ Appellants  Vs.  Momtazuddin Ahmed & another...................... Respondents  Judgment&nbs......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. ......14. ..

Category: Criminal Law | Date: | Hits: 146

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

....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. ...... Chowdhury ATM Masud J  Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant Vs. Goleda Begum and others………..............................Res......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. ...... ..

Category: Others | Date: | Hits: 97

Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)

....t Division (Civil) Present: FKMA Munim CJ Badrul Haider Chow­dhury J  Shahabuddin Ahmed J    Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad Daily Paper ......J Badrul Haider Chow­dhury J  Shahabuddin Ahmed J    Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad Daily Paper and others................….Respondents Judgment ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......in: 36 DLR (AD) (1984) 5. ..

Category: Civil Law | Date: | Hits: 107

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

.... 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. ......J  Chowdhury ATM Masud J   Syed Md. Mohsen Ali J   Ashwini Kumar Karmaker being dead his heirs: Sree Radha Raman Karmaker & others………………………Appellants Vs. Hari Mohan Shil & others………………………Respondents (In Civil Appeal No.103 of...... 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. ......;35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ..

Category: Property Law | Date: | Hits: 122

AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)

....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed....... cost. Ed.......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......me Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J AKM Shamsuddin and others..........................Plaintiff-Appellants Vs. Aftabuddin Ahmed .........................................Defendant-Respondent Judgment May 21, 1991. ..

Category: Tenancy Law | Date: | Hits: 101

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

....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. ......vision (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jatin Chandra Sit and others............Accused-Appellants Vs. The State.....................Respondent Judgment January 2, 1991. ......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. ......he case of the appellant.   7. The defence case was that Usha Rani was suffering from before, bleeding from the female organ, and was under the treatment of late Alhaj Dr. Sultan Ahmed MBBS, that she was admitted into the hospital on account of such bleeding and ultimately she ..

Category: Criminal Law | Date: | Hits: 51

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

....dismissed with costs. Ed. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh and others ................................Appellants (In all the appeals) Vs. KM Shafi Ltd. .......................................Respondents (In all the appeals) ...... 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. ......orney-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 the Respondent (In al..

Category: Others | Date: | Hits: 88

Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)

....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. ......Supreme Court Appellate 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 2......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. ......low are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ..

Category: Property Law | Date: | Hits: 31

Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)

....issed with costs. Ed. ......l J Mustafa Kamal J Latifur 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 Motijhe......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. ......, Khilgaon, PS Motijheel, Dhaka‑ 12.......................Respondent Judgment February 20, 1991. Lawyers Involved: AY Salahuzzaman, Advocate, instructed by Faruque Ahmed, Advocate-on-Record-For the Appellant. Dr. Rafiqur Rahman, Senior Advocate, (Matiur Ra..

Category: Employment/Service Law | Date: | Hits: 125

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....sent: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991...... (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgme......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. ..

Category: Property Law | Date: | Hits: 25

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....riefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co‑accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Gove...... Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Alhaj Md. Serajuddowlah……........Accused-Appeallant Vs. The State………………......................Responden...... 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. ......tate………………......................Respondent Judgment January 16, 1991. Lawyers Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on­-Record-For the Appellan..

Category: Criminal Law | Date: | Hits: 57

State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)

.... 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. ......riminal) Present: Shahabuddin 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 N...... 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. ......quitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 38

Modern Shipping Agencies Vs. Central Inland Water Trans­port Corpn. Ltd. & anr, 1991, 20 CLC (AD)

....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......il) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Modern Shipping Agencies………..........Plaintiff-Appellant Vs. Central Inland Water Trans­port Corporation Limited and another......... Defendant-R......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......l Din Vs. Malik Muhammad Bashir PLD 1952 Lahore 456; Ahsan Ali & others Vs. District Judge and Settlement Commissioner, Sukkur and others 21 DLR (SC) 139 = PLD 1969 SC 167; Chowdhury Saifuddin Ahmed Vs. Shamsuddin & others 40 DLR (1989) 10; Mt. Kulsoomun Nissa and another Vs. Noor Moham..

Category: Procedural Law | Date: | Hits: 104

Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)

.... corresponding CS plot number. It was further stated in the written statement that the first party‑appellant obtained an ex parte decree in respect of the case land against the Government of Bangladesh in Title Suit No. 208 of 1984 from the 1st Court of Subordinate Judge, Dhaka and the Gov......e Court Appellate 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....... 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. ...... 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. ..

Category: Criminal Law | Date: | Hits: 54

Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)

....it develops into an infectious practice we like to nip this unhealthy trend in the bud.            The petition is dismissed. Ed. ......minal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rahim @ ANM Abdur Rahim ................ ...................Petitioner Vs. Enamul Huq and another... ...............Respondents Judgment May 2, 1991.......it develops into an infectious practice we like to nip this unhealthy trend in the bud.            The petition is dismissed. Ed. ......Rahim ................ ...................Petitioner Vs. Enamul Huq and another... ...............Respondents Judgment May 2, 1991. Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not..

Category: Criminal Law | Date: | Hits: 34

Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)

.... 3, against whom the appellant did not pray for any relief. 2. On 6th April, 1982 defendant Nos. 2 and 3 filed two applications for setting aside the ex partee decrees under Article 3 of the Bangladesh (Legal Proceedings) Order, 1972 (PO No. 12 of 1972). By separate orders Dated 30th April...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Ashraf Ali Molla (In both the appeals) ...............Appellant Vs. Rajeswar Ghose & others (In both the appeals) ....................Respondents ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......iss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 31

Muzaffar Ali and other Vs. Government of Bangla­desh and another, 1991, 20 CLC (AD)

.... property under the management and control of the Government with the Present occupant as lessee/tenant until further orders. The appellants' case in the Writ petition was that they are citizens of Bangladesh having migrated from Murshidabad, India, in 1964, after exchanging their Indian property......ision (Writ) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Muzaffar Ali and other..................................................Appellants Vs. Government of Bangla­desh and another........................Respondent Judgm......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. ......er dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..

Category: Property Law | Date: | Hits: 36

Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)

.... Ed. ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh…………….................Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment ......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. ......s granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 28

Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)

....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: ......rted 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: ...... if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 105