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Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)

....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......im CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Haji Golam Hossain…………………………………….Appellant vs. Abdur Rahman Munshi and others ............Respondent. Judgment March 17, 1986. The Code of Criminal procedure......r remedy e.g. by instituting a suit in the competent court, the writ petition was inappropriate. The appeal is dismissed……………..(6,7 & 13) Cases Referred to- Shahjahan Sheikh and others Vs. The Sessions Judge, Pirojpur (Criminal Appeal Nos. 48 and 49 of 1985) 38 DLR (AD) 246, Malkarjun..

Category: Constitutional Law | Date: | Hits: 174

Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

....trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ...... Vs. Mir Abdus Salam............................Respondent Judgment August 16, 1987. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on......e Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Insan Ali.................................Appellant Vs. Mir Abdus Salam............................Respondent Judgment August 16, 1987. Res..

Category: Procedural Law | Date: | Hits: 89

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......0 of the Slate Acquisition and Tenancy Act which, according to the plaintiff, was illegal as the lands have been delivered to him rent free and were, therefore, not liable 'to any assessment of rent. Land was shown rent free in the khatian. Plaintiff objected to the impugned rent under section 19(1)...... K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 25, 1986. The State Acquisition and Tena......late Division (Civil) Present: F. K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 2..

Category: Property Law | Date: | Hits: 47

Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)

....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......er & others..................Respondents Judgment July 1, 1987. Result: The appeal is allowed. The Constitution of Bangladesh, 1972. Articles 103(3) & 104. The lower appellate court and the learned Judge of the High Court Division committed substantial error in holding that tenancy......resent: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M Afzal J. Nur Ahmed Majumder, being dead his heirs: Hafiza Khatun & others..................Appellants Vs. Nur Ahmed Majumder & others..................Respondents Judgment July 1, 1987. Res..

Category: Property Law | Date: | Hits: 43

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

.... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sk. Ali Ahmed.....................................................Appellant Vs. The Secretary Ministry of Home Affairs, Govt. of the People's Republic of Bangladesh and others.. ....................��B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ......ahman J ATM Afzal J Sk. Ali Ahmed.....................................................Appellant Vs. The Secretary Ministry of Home Affairs, Govt. of the People's Republic of Bangladesh and others.. .................................Respondents Judgment July 29, 1987. Result: ......vision (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sk. Ali Ahmed.....................................................Appellant Vs. The Secretary Ministry of Home Affairs, Govt. of the People's Republic of Bangladesh and ot..

Category: Criminal Law | Date: | Hits: 88

Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)

....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......udgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the parties, their lawyers and the presiding officers throughout the day with intensive scrutiny. The parties confronted with a......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Moulana Mokhter Ahmed...........................................Appellant Vs. Mohammadul Mokhter Usmani & others.........................Respondents Judgment March ..

Category: Election Law | Date: | Hits: 106

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

.... (AD) (1988) 154. ......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal &am...... M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal & others..............................Respondents Judgment August 31, 198..

Category: Election Law | Date: | Hits: 118

Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)

....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......e the purpose of the law is to keep away the transferee purchaser from entering into the dwelling house of undivided Hindu family……………………(8 & 11) Cases Referred to- Subal Chandra Modak V. Gostha Behari Das, 60 CWN 829; Boto Krishna Gose v. Akshoy Kumar ghose (54 C.W.N 660)......eme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sree Jugal Kishori Sarker .....................Appeal Vs. Azizur Rahman & others............................Respondents Judgment November 2,..

Category: Property Law | Date: | Hits: 45

Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)

....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......an & ors.....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the reasonableness of a valid custom is the time of its possible inc......n (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Moniruddin Sarker being dead his heirs: Fazlul Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgm..

Category: Civil Law | Date: | Hits: 113

Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)

....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Karatala Lakshmi Bihar represented by Dharmadarshi Bikshu being dead Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors..........dhury J Shahabuddin Ahmed J M.H. Rahman J Karatala Lakshmi Bihar represented by Dharmadarshi Bikshu being dead Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors...................Respondent Judgment November 11, 1987...

Category: Property Law | Date: | Hits: 32

Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....d in Dhaka. The respondent was born in Calcutta on 17th September, 1941, His father migrated to the then East Pakistan in 1947 and settled in East Pakistan. His father at that time was Secretary, Ministry of Law and later became a High Court Judge. 5. In 1952 he was sent to England with an In......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......t of Bangladesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) A......reme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Government of Bangladesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Resu..

Category: Immigration and Citizenship Law | Date: | Hits: 214

Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)

....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......nce Act, 1872 (I of 1872), section 17 An admission made by a party in a plaint is admissible as evidence against him in other actions but such admission cannot be regarded as conclusive proof and it is open to the party to show that it is untrue. To adjudicate upon the contention of admissio......l) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Abdul Kader Khan being dead his heirs All Akbor Khan & Ors.....................Appellants Vs. Basek Khan being dead his heirs Shazu Bia & Ors..... ............................Respondents ..

Category: Property Law | Date: | Hits: 36

The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)

....k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......n (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J A.T.M. Afzal J The State……………………Appellant Vs. Abdur Rashid Piada alias Abdur Rashid Sardar and others..............Respondents Judgment July 27, 1987. The Code of Criminal Procedure...... (AD) (1988) 106 ..

Category: Criminal Law | Date: | Hits: 45

Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)

....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......der Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 ...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment ..

Category: Property Law | Date: | Hits: 34

M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)

....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......dgment February 12, 1986. The Premises Rent Control Ordinance 1963 [XX of 1963], Section 18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amou......l) Present: F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J M/s Binning & Co.(Bangladesh) Ltd………………….Appellant Vs. M/s Nasirabad Properties Ltd…………………………..Respondent Judgment Februa..

Category: Tenancy Law | Date: | Hits: 109

Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)

....reasurer of Dhaka Lodge and Ext. A1 is a correspondence between the Grand Secretary, United Grand Lodge of England and (he Treasurer of Dhaka Lodge. Exhibit-B is the letter from the Deputy Secretary, Ministry of Land Administration and Land Reforms addressed to the Secretary, United Grand Lodge of E......Dhaka Lodge and Ext. A1 is a correspondence between the Grand Secretary, United Grand Lodge of England and (he Treasurer of Dhaka Lodge. Exhibit-B is the letter from the Deputy Secretary, Ministry of Land Administration and Land Reforms addressed to the Secretary, United Grand Lodge of England and i......s also Reported in: 40 DLR (AD) (1988) 86 ......ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M.Afzal J Bangladesh and others ..................Appellants (In both appeals) Vs. Dhaka Lodge Welfare Society...........Respondent (In both appeals) Judgment June 22nd ..

Category: Property Law | Date: | Hits: 39

Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)

....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......fzal J Afroz Rashid Chowdhury alias Afrozur Rashid Chowdhury…...............Appellant Vs. Fazlul Karim Tarafder, being dead his heirs: 1(a) Jahanara Begum, wife. 1(b) Rupa (Minor) Daughter and others........................................Respondents Judgment February 17, 1988. R......il) Present: KMA Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Afroz Rashid Chowdhury alias Afrozur Rashid Chowdhury…...............Appellant Vs. Fazlul Karim Tarafder, being dead his heirs: 1(a) Jahanara Begum, wife. 1(b) Rupa (Minor) Dau..

Category: Property Law | Date: | Hits: 35

Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)

....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......n Act, 1908 (XVI of 1908) Section 47 The Transfer of Property Act, 1882 (IV of 1882) Section 53A Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975, but the defendant's document relates back...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mir Abdul Ali.......................................... Appellant Vs. Md. Rafiqul Islam…………………………………………Respondent Judgment J..

Category: Property Law | Date: | Hits: 118

Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)

....maining seven accused have not challenged it; in the charge-sheet they have been shown as absconding. 13. The learned Counsel for the appellants produced before us a government Notification of the Ministry of Home Affairs dated 25 April 1980 showing the appointment of a Commission of Inquiry for ......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......40 DLR (AD) (1988) 69 ......ppellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Shamsuddin alias Lambu and ors………………Appellants Vs. The State and others ..................................Respondents Judgment July 5th 1..

Category: Criminal Law | Date: | Hits: 46

Mozher Sawdagar Vs. M. Zahirul Alam, General Manager, BD Shipping Corporation & others, 1988, 17 CLC (AD)

.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29. ...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mozher Sawdagar ................Appellant vs. M.Zahirul Alam, General Manager, Bangladesh Shipping Corporation and others…....Respondents Judgment August 24, 1987. Words and Phrases Inchoate right...... vessel, as his offer was not accepted by the Corporation which reserved full power to reject any offer, and no agreement was concluded with him…(12 & 16) Cases Referred to- M/s. H. Ahmed Vs. M/s. H. D. H. Bros, 32 DLR (AD) 223 and Ummu kawsar Salsabil vs. Shama Corp., 1985 BLD, 263 =37 ..

Category: Business or Commercial Law | Date: | Hits: 95

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