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Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....t of Bangladesh represented by the Deputy Commissioner, Bakerganj ..............Appellants. Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgment August 7......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......ffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ...... Latifur Rahman J Government of Bangladesh represented by the Deputy Commissioner, Bakerganj ..............Appellants. Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .........................Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
..................Plaintiff‑Respondents Judgment January 15, 1992. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam with him) instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑‑ For the Appellant. Nurul Hu......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ...... is thus no substance in this appeal which is dismissed with costs. Ed. ......buddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sahera Khatun and another............................Defendant‑Appellant. Vs. Anwara Khatun and others.............................Plaintiff‑Respondents J..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
.... 5, 1991. Result: The appeal is dismissed. Cases Referred To- Abdul Hafiz Chowdhury Vs. Somar Ali @ Samir Ali, 4 DLR 126; Ganu Mia Vs. Abdul Jabbar, 10 DLR 636; Tazal Hoque and others Vs. Md. Affan and others, 17 DLR 613. Lawyers Involved: MH Khander, Senior Advocate (AJ Mohammad ......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......od ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Somedullah being dead his heirs: Saifa Bibi and others………………… Appellants. Vs. Mahmud Ali being dead his heirs: Munsur Ali and others..............Respondents Judgmen..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....914 (Cal) 527; Dokari Joddar Vs. Nilmani, AIR 191 (Cal) 983. Lawyers Involved: SS Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate‑on‑Record‑ For the Appellant. Md. Fazlul Karim, Senior Advocate instructed by Sharifuddin Chaklader, Advocate‑on-Record‑ For t......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ...... judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Korban Ali Talukder @ Korap Ali Talukder................Defendant ‑Appellant Vs. Abdul Jalil Sarkar and others…………….....Plaintiff‑Respondents Judgment June ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ers .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (In Civil Appeal No. 22 of 1991) M ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......t By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ....... ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
.... M Nurullah, Senior Advocate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate‑on‑Record ‑ For the Appellant (in both the appeals). Alimuzzaman Chowdhury, Advocate, instructed by Md. Aftab Hossain Advocate‑on‑Record ‑ For Respondent No.1 (In Civil Appeal No. 52 of 1989) ......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......me Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazaruddin ..... Pre‑emptor‑Appellant. (In both the appeals) Vs. Maijuddin and others…. Pre‑emptee’s ‑Respondents (In Civil Appeal No. 52 of 1989). ..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
.......................Accused‑Appellants. Vs. State ....... .............................................Respondent Judgment July 9, 1991 Lawyer Involved: Md. Aftab Hossain, Advocate‑on‑Record-For the Appellants. B. Hossain, Deputy At......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......inst the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......nal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Mannan and others .........................Accused‑Appellants. Vs. State ....... .............................................Respondent Judgment ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....l Misc. Case No. 44 of 1987 under section 561A Cr PC in the High Court Division, Dhaka on 12.4.87 for quashing the proceeding under section 145 Cr PC A rule was issued upon the appellant's father, Md. Ali Akbar who, however, died on 15 April, 1989 during the pendency of the Rule. As already noti...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......ed judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......Criminal) MH Rahman J ATM Afzal J Mustafa Kamal J Aminul Islam…………………..First Party Complainant‑Appellant Vs. Mujibur Rahman and others.............. Second Party‑Respondents Judgment ..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
.... TH Khan, Sr. Advocate, (MA Wahab Miah Advocate with him), instructed by Sharifuddin Chaklader, Advocate‑on‑Record ‑ For the Appellant SC Das Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent No. 1 Not Represe......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ...... impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......d. ..Category: Procedural Law | Date: | Hits: 110
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
...................................Condemned prisoners‑Appellants Vs. The State .....................Respondent Judgment August 6, 1991 Lawyers Involved: Md. Abdus Sobhan, Advocate, instructed by Md. Ataul Haque, Advocate‑on‑Record ‑ F......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hazrat Ali and others ......................................Condemned prisoners‑Appellants Vs. The State .....................Respondent Judgment August 6, 1991 ..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....d others Vs. Daud Khan and others PLD 1957 (WP) Pesh. 85 & Hakim Khan vs. Aurangzeb and others PLD 1975 (Lah) 1170. Lawyers Involved: Syed Mudassir Hossain Advocate, instructed by Md. Aftab Hossain Advocate‑on‑Record – For the Appellant Mohammad Ayub, A......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ...... Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......e Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Fazar Ali....................Plaintiff‑Petitioner Vs. Sikandar Ali ....................Defendant‑Respondent Judgment June 1..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....p; Ed. ......sp; Ed. ......p; Ed. ......Mustafa Kamal J Latifur Rahman J Dudu Mia, being dead his heirs; Md. Moezuddin and others……Defendant‑Appellant. Vs. Ekram Mia Chowdhury (Plaintiff in the suit) being dead his heirs; Mahmuda Khatun & o..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......rt from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ...... 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
....s heard and dismissed on 25th August, 1984. 2. Respondent No.1 filed a revisional application, Civil Revision No.773 of 1984, before the High Court Division. On 30th July, 1985 on his prayer Md. Altaf Hossain, J. of the High Court Division allowed the revisional application to go out of t......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......sposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......esent: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Mannan……………..........................Appellant Vs. Jobeda Khatun & others…………...............Respondents ..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......ustafa Kamal J Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents &nbs..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
.... (Revenue) Dhaka and others ..........…Defendants‑Respondents Judgment October 30, 1991 Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah Advocate, with him) instructed by Md. Aftab‑Hossain, Advocate‑on ‑Record ‑ For the Petitioners. B Hossain, Deputy Attorneyâ......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......l". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Ali & others…………………………………………..Plaintiff‑Petitioners. Vs. Circle Officer, (Revenue) Dhaka and others ..........…Defendants‑Respondents Judgment ..Category: Limitation Law | Date: | Hits: 185
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....sp; Muhammad Ramjan Sawdagar vs. AHM Fazlul Huq 15 DLR 99; Md. Wasiq Khan Vs. Md. Sadiq Khan 33 DLR 35; Jaharunnessa Vs. Safed Ali Bepary and others 36 DLR 25......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ...... Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J MA Wahab and another.................Petitioner. Vs. Abul Kalam and another...............Respondent Judgment June 13, 1991. ..Category: Procedural Law | Date: | Hits: 99
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....case and submitted final report on 9.3.82. Subsequent thereto the case was reopened on the prayer of the Inspector of Criminal investigation Department, Camp Jessore. During investigation on 2.9.82 Md. Ejahar Ali, a non‑appealing accused, made a confessional statement before PW 12 SM Jahru......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......et the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......fzal J Mustafa Kamal J Latifur Rahman J Babor Ali Molla and others .....................Accused‑Appellants Vs. State …………………………&h..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......nterfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......sion (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mrinal Kanti Guha and others..........................Appellants Vs. Brajendra Lal Dhar and others……....................Respondents Judg..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
..............................................Respondent Judgment April 2, 1991. Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate ‑ on ‑Record‑ For the Appellants, Md. Nowab A......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......e meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Matin and others........................................Appellants Vs. The State .......................................................Respondent Judgm..Category: Criminal Law | Date: | Hits: 60