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Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)

.... 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. ......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 and others.......................Plaintiff –Respondents ...... 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. ..

Category: Civil Law | Date: | Hits: 99

Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)

....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. ......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Quazi Nowab Faruque & another......................... 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-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. ..

Category: Civil Law | Date: | Hits: 91

The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)

.... Order of the Court. By majority decision the appeal is dismissed, Ed. ......ismissed, Ed. ...... 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. ..

Category: Criminal Law | Date: | Hits: 49

Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)

.... Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Nurul Islam and others......... Accused-Appellants Vs. The State................................Respondent Judgment August 16, 1990. Result: The......preme Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Nurul Islam and others......... Accused-Appellants Vs. The State................................Respondent Judgment August 16, 1990. Resu......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ..

Category: Criminal Law | Date: | Hits: 51

Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)

....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur...........Appellants Vs. Md. Sanaullah........................................Respondent Judgment June 13, 1988......il) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur...........Appellants Vs. Md. Sanaullah........................................Respondent Judgment June 13, 1988. Ci......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..

Category: Employment/Service Law | Date: | Hits: 143

Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)

....ate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kashem Ali.……………………………..Appellant Vs. The State & ors.................Respondents Judgment August 11, 1988. Criminal Appeal No. 36 o......rt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kashem Ali.……………………………..Appellant Vs. The State & ors.................Respondents Judgment August 11, 1988. Criminal Appe......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 ..

Category: Criminal Law | Date: | Hits: 53

Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)

....1988) 291...... 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......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..

Category: Criminal Law | Date: | Hits: 53

Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)

.... Court Appellate Division (Criminal) Present: B. H. Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Sree Kalyan Kumar Chowdhury.........Appellant Vs. The State..................................Respondent Judgment: August 22, 1988. Criminal Appe......290......al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290..

Category: Criminal Law | Date: | Hits: 53

Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)

....286 ......AD) (1988) 286 ......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 ..

Category: Criminal Law | Date: | Hits: 55

Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)

....) 282...... (AD) (1988) 282......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282..

Category: Criminal Law | Date: | Hits: 48

Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)

....ellate Division (Criminal) Present: B. H. Chowdhury J Shahabuddin Ahmed J M.H. Rahman J and A.T.M. Afzal J Saidur Rahman alias Chan Miah & Others.........Appellants Vs. The State…………………………………….Respondents Judgment June 20, 1988. Crimin......ourt Appellate Division (Criminal) Present: B. H. Chowdhury J Shahabuddin Ahmed J M.H. Rahman J and A.T.M. Afzal J Saidur Rahman alias Chan Miah & Others.........Appellants Vs. The State…………………………………….Respondents Judgment June 20, 1988...... 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 ..

Category: Criminal Law | Date: | Hits: 97

Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)

....urt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Iqbal alias Salim…………Appellant Vs. The State…………………………..Respondent Judgment August, 1988. Criminal Appeal No....... Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Iqbal alias Salim…………Appellant Vs. The State…………………………..Respondent Judgment August, 1988. Criminal......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 ..

Category: Criminal Law | Date: | Hits: 56

Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)

....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 ......e Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ahmed Meah...............................Appellant Vs. Ejahar Meah & Ors.... .............Respondents Judgment July 15, 1986. Civil Appeal......…………(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 ..

Category: Property Law | Date: | Hits: 24

Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)

....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272...... the pleadings and amount to making out a new case…………………(12) Cases Referred to- Kumar Narendra Nath Roy V. Midnapore Zemindary Co. Ltd. 70 C.L.J 218; Chowdhri Gur Narayan and Ors. Vs. Sheo Lai Singh and ors. 23 C.W.N. 521 (P.C) =461.A. 1. Lawyers Involved: Syed Ishtiaque Ah......ri Gur Narayan and Ors. Vs. Sheo Lai Singh and ors. 23 C.W.N. 521 (P.C) =461.A. 1. Lawyers Involved: Syed Ishtiaque Ahmed, Senior Advocate, (Rokonuddin Mahamud, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. M. H. Khander, Senior Advocate, AJ. Maha......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..

Category: Tenancy Law | Date: | Hits: 106

Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)

....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......1988) 270 ......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ..

Category: Election Law | Date: | Hits: 126

Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)

....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Haruni Fisherman Cooperative Society...............Appellant Vs. Md. Ebadut Ali & ors......................................Respondents Judgment April 2......l) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Haruni Fisherman Cooperative Society...............Appellant Vs. Md. Ebadut Ali & ors......................................Respondents Judgment April 20, 1986......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..

Category: Property Law | Date: | Hits: 34

Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)

....n Shome & ors..........................Appellants Vs. Afizuddin Sheikh & ors..................................Respondents Judgment January 27, 1986. Civil Appeal No. 82 of 1984 The State Acquisition and Tenancy Act (XXVIII of 1951), Section 96 Un-exhibited documents considered b......pellate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Bhupati Ranjan Shome & ors..........................Appellants Vs. Afizuddin Sheikh & ors..................................Respondents Judgment January 2......hibited and the evidence adduced sufficiently proves the case of the respondent. Hence the appeal is dismissed……………..(10) Lawyers Involved: S M. Hussain, Senior Advocate, instructed by Md. Aftab Hussain, Advocate-on-Record - For the Appellants. Khondker Mahbubuddin Ahmed, Senior ...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ..

Category: Property Law | Date: | Hits: 29

Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)

....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..

Category: Others | Date: | Hits: 103

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

....ult, the appeal is allowed with costs and 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: 40 DLR (AD) (1988) 257 ...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Alauddin Sarder and another. .....................Appellants Vs. Surendra Nath Falia and Others.............Respondents Judgment November 23, 1986. ...... and void. Though, however, the learned Judge did not set aside the auction sale. 7. Defendant-appellants moved this Court and obtained special leave to appeal on the following terms: "Mr. Md. Nurul Huq, learned Advocate- on-Record has urged that the High Court Division erred in holding......ult, the appeal is allowed with costs and 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: 40 DLR (AD) (1988) 257 ..

Category: Property Law | Date: | Hits: 35

Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)

....� For the Appellant. Respondent No.1—Dead. Shantiranjan Karmakar, Advocate-on-Record-For the Respondent Nos. 2-4. Shahabuddin Ahmed, Advocate-on-Record(absent)- For the Respondent No. 26 (State) Respondent No. 13 & 19- Not represented. Respondent Nos. 5-12, 14-18 and 20-25 -Ex-part......R (AD) (1988) 256 ......e dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..

Category: Criminal Law | Date: | Hits: 50

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