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

.... Chowdhury Vs. Khiran Bajania, 10 CWN, 499; Ram Pershad Koeri Vs. Jawahir Roy, 12 CWN 899; Jogendra Chandra Das Vs Debendra Nath Ghosh, 39 CWN 428. Lawyers Involved: M.H. Khondker, Senior Advocate instructed by B.C. Panday, Advocate-on-Record—For the Appellant. Ahm......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. ..

Category: Property Law | Date: | Hits: 35

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

....iff-respondent was appointed as L.D.C. on December 18, 1965 and promoted to the higher post of Clerk-cum-Store-Keeper on September 1, 1966. On January 12, 1978 he was again promoted to the post of Senior Store Keeper. In this capacity he had been serving at BADC, Movement, Transit Godown at Nara......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. ......anj submitted to him an application containing allegations under sections 377/442/384/368 of the Penal Code against the General Manager, Supply, BADC, Assistant Manager, Movement BADC and Movement Officer, BADC, Narayanganj. Plaintiff-respondent forwarded a photo copy of the application to the C..

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

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

.... 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 Md. Aft......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. ......he Code of Criminal Procedure, 1898 (V of 1898), Section 202 Witness’s statement before the Magistrate holding enquiry under section 202 may implicate persons not named before the Investigation Officer. Magistrate taking cognizance of the case on the report made under section 202 Cr.P.C. i..

Category: Criminal Law | Date: | Hits: 79

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

....gh and others, A.I.R. 1960, SC 115; Coghlan Vs. Camberland, (1898), 1 Ch. 704; Arju Perhad Vs. Jwaleshawari Pratap Narain Singh, A.I.R. 1951 (SC) 120. Lawyers Involved: T. H. Khan, Senior Advocate (M. A. Wahhab, Advocate with him) instructed by Sharifuddin Chakladar, Advocate-on-......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. ....... 88 of 1973. 2. It was a suit for specific performance of contract and recovery of possession from the defendant No. 1 Aziza Bibi. The Govern­ment of Bangladesh and the Sub-Divisional Officer, Sadar (South), Mymensingh were impleaded as defendant Nos. 2 and 3. The plaintiff filed a ..

Category: Property Law | Date: | Hits: 30

Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)

....lip;……………(7)  Case Referred to- Khitish Chandra Mondal Vs Shiba Rani Devi AIR 1956 Cal 441. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by Syed Sakhwat Ali, Advocate on-Record—For the Appellant. ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..

Category: Property Law | Date: | Hits: 39

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

.... 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 by Sh......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. ......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. ..

Category: Criminal Law | Date: | Hits: 75

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

....ion by the complainant when the State does not prefer any appeal against the order of acquittal, even in "cases initiated on police report………………(10) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. M...... 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. ......onths after the death of Asiruddin, but showing exe­cution of his document 4/5 days earlier of the aforesaid three kabalas. 3. The petitioner filed an application to the District Anti-Corruption Officer and sub­sequently the present case was started against the respondents in which police subm..

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

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." ...... appointed temporarily to the East Pakis­tan Civil Service (Executive) Class II by the notification No G A VIII-205/61-1260 dated 30th December, 1961. It runs as follows: "The Officers named below are appointed temporarily to the East Pakis­tan Civil Service (Executive)..

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

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

....s Elahi Baksha, AIR 1935 Cal. 644; Kartar Singh Vs Zorawar Singh, AIR 1 29 Lal 121; Bijoy Krishna Vs Mantazuddin (1969) 21 DLR 631. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellant. M......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. ..

Category: Others | Date: | Hits: 97

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

....s, AIR. 1963 Andhra Pradesh F.B. page 1. Lawyers Involved: M. Nurullah, Advocate instructed by Syed Sakhawat Ali Advocate-on-Record—For the appellant. Kamal Hossain, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Kazi Ebadul Huq, Advocate-on-Reco......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. ......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. ..

Category: Civil Law | Date: | Hits: 107

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

..... United Grain and Fodaer Agencies 16 DLR (SC) 155. Lawyers Involved:   Miah Abdul Gafur, Advocate-on-Record- For the Appellants (In Civil Appeal No.103 of 1982). Asrarul Hossain, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record- For the Appellant (In Civil App...... 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. ..

Category: Property Law | Date: | Hits: 122

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

.... 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. ...... 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. ......an Ara @ Mina which was not corroborated and substantiated by any independent disinterested witness, that the High Court Division did not give sufficient importance to the, evidence of the Medical Officer which was inconsistent with the oral evidence of this eye witness with regard to the allege..

Category: Criminal Law | Date: | Hits: 58

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

....s 29 DLR (SC) 13 & Basiruddin Ahmed 36 DLR (AD) 191. Lawyers Involved: Aminul Huq, Advocate, instructed by Sharif Uddin Chaklader, Advocate-on-Record-For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Appea......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.......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...

Category: Tenancy Law | Date: | Hits: 101

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

....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-Recor......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. ......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. ..

Category: Property Law | Date: | Hits: 26

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. ......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. ......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. ..

Category: Criminal Law | Date: | Hits: 51

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

....eneral (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 all the a...... 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. ...... the notice was received by the learned Advocate for the Contractor. The Contractor or his representative did not attend the arbitration proceeding on 18.7.88. As the District Anti­ Corruption Officer seized all the papers in this connection the appellants also could not proceed with the arb..

Category: Others | Date: | Hits: 88

Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)

................... Respondents Judgment April 1, 1991. Case Referred to- Abdus Sattar vs. Suresh Chandra 32 DLR (AD) 170l Lawyers Involved: M Gholam Rabbani, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the appellant. Shari......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..

Category: Property Law | Date: | Hits: 30

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

....nt 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 Rahman, Advocate with him), instructed by M Nowab Ali, Advocate-on-Record-......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. ......ny lawful authority and of no legal effect. 2. The respondent's case is that since his joining the service of the Council on 5th December 1980 he has been discharging his duties as Research Officer in the Development Project of Food, Science and Technology Division of the Council's labora..

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

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

.... Vs. The State………………......................Respondent Judgment January 16, 1991. Lawyers Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on­...... 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. ..

Category: Criminal Law | Date: | Hits: 57

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

....8, 1990. Result: The appeal is dismissed Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain Advocate-on-Record-For the Appellant. Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. C...... 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. ...... and one younger but before the police they said that they had seen only two boys in all. PW 11, Shahjahan Bepari stated that he saw the boys at about 4‑00 or 4‑30 PM but before the Investigating Officer he stated that he had seen the boys at 6‑00 PM. PW 12 Sekandar Ali stated in his evidence ..

Category: Criminal Law | Date: | Hits: 38