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Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)

....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......ellant Vs Nurul Huq (Md.)............................Respondent Judgment April 12, 1989. The Code of Civil Procedure, 1908 (V of 1908) Order IX, rule 13 After considering the facts and circumstances of the case the court found some substance in the contentions of the appellant and......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..

Category: Property Law | Date: | Hits: 38

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

.... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......ported in: 42 DLR (AD) (1990) 31 ....... Moreover evidence of eye-witness have been corroborated by a disinterested witness. So such evidence of eyewitnesses cannot be discarded………………..(47 & 54) Cases Referred to— Nazir Vs. State 14 DLR (SC) 159; Niaz Vs. State 12 DLR (SC) 289; Bhagwan Swarup Vs. State of Maharashtra, ..

Category: Criminal Law | Date: | Hits: 52

Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)

....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ...... Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Begum Motia Akhtar Khanam.................................Plaintiff-Appellant Vs. Shawkat Ara and Others...............................Defendant-Respondents Judgement June 11, 1989. Re......ision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Begum Motia Akhtar Khanam.................................Plaintiff-Appellant Vs. Shawkat Ara and Others...............................Defendant-Respondents Judgement J..

Category: Criminal Law | Date: | Hits: 47

Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)

....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Belayet Hossain.......................Plaintiff-Appellant Vs Nurul Alam Mir and ors....................Defendant-Respondents Judgment June 18, 1989. Temporary injunct......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..

Category: Property Law | Date: | Hits: 29

Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)

....s including respondents 6-8 (defendants 7-9) who are said to have attained ma­jority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......s including respondents 6-8 (defendants 7-9) who are said to have attained ma­jority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ...... Though in the suit no court guardian was appointed on behalf of the minor proforma defendants against whom no relief was claimed, at the appellate stage court guardian on their behalf was appointed, and the court guardian submitted a report after corresponding with the natural guardian and perusal ......s including respondents 6-8 (defendants 7-9) who are said to have attained ma­jority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..

Category: Property Law | Date: | Hits: 85

Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)

....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......Mills Limited, for re­covery of Tk. 5.25 lacs on 24 November 1984. The respondent filed Money Suit No. 7 of 1984 in the Court of Subordinate Judge, Jessore, against the petitioner for Tk. 19.62 lacs and odds on 5 December 1984. The petitioner alleged that respondent's suit was filed just to avoid t......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..

Category: Procedural Law | Date: | Hits: 110

Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)

....sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......1, 1987. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehension of delay in starting ......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...

Category: Criminal Law | Date: | Hits: 63

Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)

....s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......se is also reported in: 42 DLR (AD) (1990) 03. ......Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors............................Appellants Vs. The State.................................Respondents Judgment December 6, 1988. Re..

Category: Criminal Law | Date: | Hits: 105

Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)

....t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ................................ Appellants Vs Akhtaruzzaman & Others ..................Respondents Judgment March 29, 1989. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian......t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..

Category: Property Law | Date: | Hits: 36

Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)

....t in upholding the order of the Magistrate, inter alia, have given the reason which is as follows: “In the facts and circumstances of this case it appears from the extracts of the papers of the Ministry of Home Affairs which bear the signatures of the Deputy Secretary, Joint Secretary, Secreta......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ...... Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......(AD) (1979) 135. ..

Category: Criminal Law | Date: | Hits: 43

Managing Com­mittee N.M.C. Model High School & ors. Vs. Obaidur Rahman Chowdhury & others, 1978, 7 CLC (AD)

....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 133.......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 133.......ate, with Maksudur Rahman, Advocate, instructed by S.M. Huq, Advocate-on-Record - For respondent No.1. Respondents No.2-4 - Not Represented. Civil Appeal No. 54 of 1977 (From the Judgment and Order dated 24-6-74 passed by the High Court Division in Civil Order No.470 of 1974). Judgme......33...

Category: Property Law | Date: | Hits: 36

Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)

.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......23....... 31 DLR (AD) (1979) 123...

Category: Property Law | Date: | Hits: 33

Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)

....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......ers Involved: Shafiqur Rahman, Advocate, instructed by A. Backkar, Advocate-on-Record - For the Appellant (In Criminal Appeal No.8 of 1977). Abul Kashem, Advocate - For the Respondents No.1-3 and 5-7. B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Huda, Advocate-on-R......in: 31 DLR (AD) (1979) 101...

Category: Criminal Law | Date: | Hits: 39

Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)

....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......y not have contiguous land to all the lands. 13. A little more discussion about the history of introduction of the right of pre-emption as available to a Muslim under the Moh­ammadan Law, in the Land Laws in Bengal, will further clarify the present discussion on the question of applicability of...... This Case is also Reported in: 31 DLR (AD) (1979) 88. ......R (AD) (1979) 88. ..

Category: Property Law | Date: | Hits: 32

Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)

....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......rch 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others Vs. The State, (1976) 28 DLR (AD) 38; State of West Bengal Vs. S.N. Basak, AIR 1963 SC 44...... (1979) 69. ..

Category: Criminal Law | Date: | Hits: 95

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....esident's Order No. 67 of 1972 and he is now challenging the order of the High Court. 2. Facts as set out by the High Court are that: The petitioner was appointed as L.D. Assistant in 1949 in the Ministry of Public Works and Urban Development and was promoted as Head Assistant on 19-2-72. He has......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......ion, Government of Bangladesh & others……………Respondents Judgment March 9, 1978. Lawyers Involved: Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Petitioner. Sultan Hossain Khan, Deputy Attorney-General, wi...... 64. ..

Category: Employment/Service Law | Date: | Hits: 72

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

..... State of West Bengal, AIR 1970 (SC) 1226; Kazi Mohiuddin Vs. Government of East Pakistan, 1965 PLD Dacca 514; N. Ranjan Singh Vs. State of Bengal AIR, 1952 (SC) 106; Sharfuddin Ahmed Vs. Secretary, Ministry of Home Affairs, (1975) 27 DLR 658; Liversidge Vs. Anderson, 1942 AC 206; Emperor Vs. Shibr...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......is appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......t Appellate Division (Criminal) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Latif Mirza..............Appellant Vs. Government of Bangla­desh and other..............Respondents Judgment September 2, ..

Category: Constitutional Law | Date: | Hits: 408

Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)

....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......an, Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment......lso Reported in: 31 DLR (AD) (1979) 45. ..

Category: Procedural Law | Date: | Hits: 101

Chair­man, Inspecting Assistant Commissioner of Income Tax Vs. Khan Saheb Ata Md. Khan, 1978, 7 CLC (AD)

....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ......lved: AKM Mozammel Huq Bhuiya, Advo­cate, instructed by S.S. Hoda, Advocate-on-record - For the Appellants. Ex parte - the Respondent. Civil Appeal No. 54-D of 1967 From the Judgment and Order dated 24-3-65, passed by the Dacca High Court in Writ Petition No.404 of 1964. Judgmen......l) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J E Rahman, Chair­man, Inspecting Assistant Commissioner of Income Tax, Chittagong & others.........Appellants Vs. Khan Saheb Ata Mohammad Khan...........Respondent Judgment February 14, 1978. La..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)

....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......nbsp;            Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed by the High Court Division in Civil Revision No. 2542 of 2000.) ......ion (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Mohirruddin............................................... Petitioner Vs. Md. Nazir Hossain Patwary & others ...................Respondents Judgment&nb..

Category: Property Law | Date: | Hits: 35