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State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)

.... Read the High Court Division Judgment here. Supreme Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J State………………………………………………………...Appellant Vs. Muhibur R...... (Criminal) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J State………………………………………………………...Appellant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Re......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..

Category: Criminal Law | Date: | Hits: 184

Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)

....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......t of Taka 5,000. Ed. ..

Category: Property Law | Date: | Hits: 26

Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

....last for all time to come and not to be scrapped by any means including amendment of the Constitution." 83. Thereafter, he submits that the fundamental principles of the State are required to be followed and basic rights of the citizens cannot be denied to them as ens......hul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006]......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......p; Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. ..

Category: Election Law | Date: | Hits: 159

Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)

.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......al Research Institute……………Respondents Judgment February 2nd, 2003 Lawyers Involved: Matiur Rahman, Advocate, instructed by Mrs Azra Ali, Advocate-on-Record—For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record&md..

Category: Employment/Service Law | Date: | Hits: 92

Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)

....on (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Aynul Sheikh and others........Petitioners vs State.................................Respondents Judgement July 19, 2005. La......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......d that at the time of hearing the leave petition, the petition, so far as it relates to convict Aynul Sheikh, was not pressed and was thus dismissed. 7. In support of the Appeal Mr Md Nawab Ali, learned Advocate-on-Record, submits, inter alia, that there is no cogent evidence against ..

Category: Criminal Law | Date: | Hits: 42

AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)

.... Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J AKM Shamsuddin alias Kalam Doctor and other......Petitioners vs State.................................Respondent Judgment June 22nd, 2005. Lawy......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 46

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

.... Tamijuddin Khan; 7 DLR (FC); 9 DLR (SC) 177, 178; 18 DLR (SC) 69; 32 DLR (AD) 233 Bangladesh vs. Hazi Abdul Gani; 17 DLR (SC) 384 Shamsuddin vs. Capt.Gauhar 1 Ayub; 35 DLR 362 Md. Mustafa Mandal Vs. State; 41 DLR 395 Nurul Huda vs. Baharuddin; 26 DLR (SC) 17; 34 DLR (AD) 110 Al Sayar Nav vs. Delia ...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry o......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ...... C.M.P. Case No.1 of 1986; 1950 (S.C.R.) 88 (120, 198); 1899 A.C. 580; (1584) 76 ER 637; 37 Commonwealth Law Reports Clyde Sugining vs. Cowburn; 1910 (AC) 444; B.C.R. (1984) A.D. 29 Joynal vs. Rustom Ali; (1839) 9 AD & E.I. Page 86, Stockdale vs. Hansard; (1971) Blackburn vs. Attorney-General; M..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

....reme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: The appe......here Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: ...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......��……(31,32,33) Cases Referred to- Sarwan Singh Rattan Singh vs. State of Punjab, A.I.R. 1957(SC) 637; Abdul Majid Vs. Govt. of East Pakistan, 16 DLR (SC) 127. Lawyers Involved: Julmat Ali Khan, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. ..

Category: Criminal Law | Date: | Hits: 159

Abul Kashem and others Vs. State, 1989, 18 CLC (AD)

....ellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abul Kashem and others............. Appellants Vs. The State……………………………………Respondent Judgment January 30, 1989 The Pe......urt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abul Kashem and others............. Appellants Vs. The State……………………………………Respondent Judgment January 30, 198......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..

Category: Criminal Law | Date: | Hits: 57

Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)

...., instructed by Sharifuddin Chaklader, Advocate-on-Record, — For the Appellant. B. Hossain, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 2 (State). M.A. Wahhab Miah, Advocate, instructed by Md. Altab Hossain, Advocate-on-Record — For R......ourt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Mohammad Musa..........................Appellant. Vs. Kabir Ahmed & anothers.................Respondents Judgment January 25, 1989. The P......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..

Category: Criminal Law | Date: | Hits: 44

Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)

....preme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Tayeb Ali and others.......................Appellants Vs. The State....................................Respondents Judgment January 29, 1989. The Penal ......989) 147......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147...... Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..

Category: Criminal Law | Date: | Hits: 49

Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ...... Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh House Building Finance Corporation....................Appellant Vs. Abdul Mannan, Advocate and others……...............................Respondents Judgment......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......olic Smoke Ball Co. (1892) 2 QB 84, Gauga Ram V. Nath Singh A.I.R. 1924 P.C.183. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Shaheed Alam, Advocate with him), instructed by Syed Sakhawat Ali, Advocate-on-Record— For the Appellant T.H.Khan, Senior Advocate (S.C. Das and M.A. Wahhab ..

Category: Property Law | Date: | Hits: 41

Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)

..... Afzal J Syed Nizamuddin Mohsin being dead his heirs Setara Begum & Others.........Appellant Vs. People's Republic of Bangladesh........Respondents Judgment December 1, 1988. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 86(1) (2) (3) as amended by the St......ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J A.T.M. Afzal J Syed Nizamuddin Mohsin being dead his heirs Setara Begum & Others.........Appellant Vs. People's Republic of Bangladesh........Respondents Judgment December 1, 1988. The ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..

Category: Property Law | Date: | Hits: 42

Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)

.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Maria Keshi D'Rozario…………………………….......................... Appellant Vs. Hassan Movies Ltd., represented by its Managing Director, 12 Banga Bandhu Avenue, P.S. Ramn...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... benefit of s. 18(5) of the Ordinance……….(11) Cases Referred to- Prafullah Kumar Chakraborty v. Anil Prosad Chowdhury, 33 DLR (AD) 55., Abu Leyes v. Anwara Khalun, 29 DLR, SC 13 and Ramjan Ali v. Hedayatullah, 31 DLR (AD) 183, Bashirullah v. East Pakistan, PLD 1962 (Dhaka), 127 and Sm. La..

Category: Property Law | Date: | Hits: 45

Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)

....stainable on the principle that it is not known to what extent the bad ground influenced the forming of the decision……………………….(13 & 14) Cases Referred to- Ashok Kumar Yadav vs. State of Haryana, AIR 1987 SC 454 Lawyers Involved: Maksum-ul-Hakim, Senior Advocate, (Sk. Afz......ent: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Mozibur Rahman............................................................................ Appellant Vs. The Chairman, Dhaka Improvement Trust, D.I.T. Building, Dhaka & others.......Respondents J......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..

Category: Employment/Service Law | Date: | Hits: 89

Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)

....) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin...................Appellant Vs. The State....................................................... Respondent Judgment November 8, ...... (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin...................Appellant Vs. The State....................................................... Respondent Judgment N......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......t. In any case the appellant could not be legally convicted for the alleged offence of criminal trespass. The appeal is allowed………………..(11 & 12) Lawyers Involved: A.J. Mohammad Ali, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. B. Hos..

Category: Criminal Law | Date: | Hits: 59

Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)

....Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Abdul Gufur and others.......................... Appellant Vs. The State and another...........................Respondents Judgment November 1, 1987. The Code......27......ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127..

Category: Criminal Law | Date: | Hits: 45

Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)

....pellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abdul Hakim @ Lokman Hakim............Appellant Vs. The State………………………………………………Respondent Judgment Augusts, 1987. ......ourt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abdul Hakim @ Lokman Hakim............Appellant Vs. The State………………………………………………Respondent Judgment Augu......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......n appeal the High Court Division changed the conviction to one under sections 394 and 304 Part I, but maintained the sentence. 2. The prosecution case in brief is that on 3rd September, 1979 Nowab Ali, an Ansar, was on duty at post No.1 in Joypurhat Electric Supply Centre. He had a rifle with fiv..

Category: Criminal Law | Date: | Hits: 61

ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)

....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Additional Deputy Commissioner, Revenue and Assistant Custodian Vested Property, Chandpur.................... Appellant Vs. Tafurnessa wife of Ali Ahmed Mia and others..............................Respondents Jud......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......buddin Ahmed J MH Rahman J ATM Afzal J Additional Deputy Commissioner, Revenue and Assistant Custodian Vested Property, Chandpur.................... Appellant Vs. Tafurnessa wife of Ali Ahmed Mia and others..............................Respondents Judgment December 11, 1988..

Category: Property Law | Date: | Hits: 56

Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)

....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Sona Mia Bepari & ors................Appellants Vs. Jamila Khatun & ors…………………………………........... Respondents Judgment......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..

Category: Property Law | Date: | Hits: 33

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