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Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)

.... the same asserting his own right. In the recent rent roll plaintiff's name was not correctly recorded and being encouraged by the finding of a case under section 19(1) and 19(2) of the East Bengal State Acquisition and Tenancy Act the defendants threatened the plaintiff with dispossession from th...... Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jonab Ali Sarder & ors………………….Appellants. Vs. Taser Ali Fakir & another.................................Respondents Judgment Augus......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ..

Category: Property Law | Date: | Hits: 49

M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)

....sation) Order, 1972] vesting all the assets, rights and interest subsisting in the National Bank of Pakistan within the territory of Bangladesh. 3. After the emergence of Bangladesh as a separate State the appellant company was taken over by the Government under the Acting President's Order No. ......ivil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. M. M. Ispahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. ...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......ellant company. This Court, therefore, disallow the interest outstanding for the period during the pendency of the suit……(69) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmul Islam and Shaheed Alam, Advocates with him instructed by Syed Sakhawat Ali, Advocate-Record—For th..

Category: Civil Law | Date: | Hits: 110

Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)

....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......; Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Kader & ors……………….................................... Appellants Vs. A. K. Noor Mohammad & ors……...........................….......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......nt suit has been filed by the plaintiff appellants in collusion with defendant Nos. 3-5. The case of defendant Nos. 3-5 is that Noor Mohammad Bepari transferred the suit premises in favor of Nazrul Islam and Aminul Islam, defendant Nos. 10 and 11, who transferred their interest in the suit prope..

Category: Property Law | Date: | Hits: 36

Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)

....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......esent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Radha Krishna Jogani (Agarwalla)…….............Appellant Vs. Dwarka Das Agarawalla & others.......................Respondent Judgment Decembe......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......unus (1963) 15 DLR SC 120; Md. Zahoor Ali Khan Vs Mst. Thakooranee 11 MIA 468; Abdul Rezzak Vs. Nashruddin Ahmed (1950-59) 63 CWN 766. Lawyers Involved: Syed Ishtiaq Ahmed, Advocate (Mahmudul Islam, Advocate with him) instructed by Kazi Ebadul Haque, Advocate-on-Record—For the Appellant. ..

Category: Property Law | Date: | Hits: 99

Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)

.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......drul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Mohammad Mohsen Ali J Md. Joynal and ors................................Appellants Vs. Md. Rustam Ali Mia & ors........................Respondent Judgment ...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..

Category: Property Law | Date: | Hits: 42

Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)

....sion No. 175 of 1980.) Judgment Shahabuddin Ahmed J.- This appeal by the State is against an order of acquittal, passed by a learned Single Judge of the High Court Division...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh..............................Appellant Vs. Abed Ali and ors.......................Respondent Judgment April 11, ......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ..

Category: Criminal Law | Date: | Hits: 66

Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)

.... Geeta Rani alias Shamima Khatun………..........Appellant Vs. Bangladesh..........................Respondent Judgment March 28, 1984. The State Acquisition & Tenancy Act, 1951 (XXVIII of 1951), Section 92 That the Plaintiff wa......MA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Geeta Rani alias Shamima Khatun………..........Appellant Vs. Bangladesh..........................Respondent Judgment March 28, 1984......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..

Category: Property Law | Date: | Hits: 112

Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)

....t. But strangely enough in the Amalnama of the defendants Ext. C series, it shows that Korfa pattan. The trial Court concluded that the contention of the plaintiff that these were created after the State Acquisition and Tenancy Act when the Sannayal became raiyat by operation of law and on a mis......dhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Sadullah Pramanik & ors........................................Appellants Vs. Md. Khalilur Rahman & ors......................................Respondent ......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ..

Category: Property Law | Date: | Hits: 27

Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)

....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......n Ali J Messers United Shipping Corporation Limited……….............Appellant Vs. W. H. Bennett and ors..............................…..Respondents Judgm......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......75 Cal 150; Laxmidas Dayabhai Kabrawala vs. Nanabhai Chunilal Kabrawala, AIR 1964 SC 11. Lawyers Involved: M. B. Rahman, Advocate-on-Record—For the appellant. Amirul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent Nos. ..

Category: Civil Law | Date: | Hits: 95

Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)

....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Paresh Chandra Bhowmick……….....................................Appellant Vs. Hiralal Nath & others........................................................Resp......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......ses Referred to- Smt. Jaswant Kaur V. Smt. Amrit Kaur and others, AIR 1977 (SC) 74; H. Ventakachala Iyengar Vs. BN Timmajama, AIR 1959 (SC) 443. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Kazi Ebadul Haque, Advocate-on-Record—For the Appellant. ..

Category: Property Law | Date: | Hits: 118

Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)

.... Shahabuddin Ahmed J Chowdury ATM Masud J Syed Md. Mohsen Ali J Dr. Md. Azizul Haque Khan..................................Petitioner Vs. The State.......................................................Respondent Judgment Oc......y J Shahabuddin Ahmed J Chowdury ATM Masud J Syed Md. Mohsen Ali J Dr. Md. Azizul Haque Khan..................................Petitioner Vs. The State.......................................................Respondent Jud......ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ..

Category: Criminal Law | Date: | Hits: 58

Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)

....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......FKMA Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Faiz Ahmed Chowdhury & another.............................Appellants Vs. Baktear Ahmed Chowdhury & other.............................Respondents J......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......Naiko vs. Kanthino Naiko, AIR 1965 Ori 217; Sardar Wali Muhammad vs. Sardar Muhammad Iqbal Khan Mokal, PLD 1975 Lah 492; Mst. Ghulam Zainab vs. Mst. Tahira Sultana, PLD 1977 Lah. 830; Serajul Islam vs. Bimal Chandra Sen, (1982) 34 DLR 297; Ramji Ram Vs. Saligram (1909) 14 CWN 248; Kali..

Category: Property Law | Date: | Hits: 45

Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)

....sons of acquittal should contain in the judgment even though the sections does not require it………..(8 & 9) Cases Referred to- Muslim Mondal and others Vs. The State, 14 DLR 595; Emperor Vs. Sugnomal Bhojraj and another, A.I.R. 1942 Sind 52; Mysore Vs. Mahaba...... FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Matiur Rahman.........................Appellant Vs. Asgar Ali & ors……….....................……Respon......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ..

Category: Criminal Law | Date: | Hits: 41

Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)

.... of by this single judgment. 2. Respondent No. 1 filed Miscellaneous Case Nos. 1002 to 1005 of 1969, in the 2nd Court of Munsif, Tangail, for correction of rights under section 143A of the State Acquisition and Tenancy Act. The case of respondent No. 1 was that the case land origina...... Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Assistant Custodian, Enemy Property (L & B), Tangail............................Appellant Vs. Bholanath Guha & ors...................................................................ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ..

Category: Property Law | Date: | Hits: 28

Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)

....he Code of Criminal Procedure. 5. Mr. T. H. Khan, the learned Counsel appearing for the respondent argues that in a proceeding under section 491 of the Code of Criminal Procedure, only the State is a necessary party and no other person is required to be added as a party. In ......Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Dabiruddin Ahmed @ Lablu.......................................Appellant Vs. Dr. Chittaranjan Deb Nath & others.......................Respondent Judgm...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......his custody. The appellant move the High Court Division for being added as a party in the said proceeding stating, inter alia, that the said Chandana Rani Deb Nath, aged over 16 years, has embraced Islam and re-named as Nadia Begum, his legally married wife and he has vital interest in her relea..

Category: Criminal Law | Date: | Hits: 58

Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)

....adrul Haider Chowdhury J Sahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdus Salam Master alias Salam and another…………...........Appellants Vs. The State..............................Respondent Judgment May 23, 1983. Result: The appea......nim CJ Badrul Haider Chowdhury J Sahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdus Salam Master alias Salam and another…………...........Appellants Vs. The State..............................Respondent Judgment May 23, 1983. Result: ......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..

Category: Criminal Law | Date: | Hits: 79

Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)

....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......l Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Tabibur Rahman Mollah...................................Appellant Vs. Md. Sayedur Rahman & others...................................Respondents ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..

Category: Property Law | Date: | Hits: 39

Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)

....Procedure for quashing the proceeding did not amount to second revision of the impugned order of the learned Magistrate. 12. In the case of Shah Muhammad Vs Haq Nawaz and State reported in 23 DLR (S.C) 14 learned Judges of the Pakistan Supreme Court elaborately consider...... Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Syed Md. Mohsen Ali J Md. Shahabul Huda...................................Appellant Vs. Md. Shafi………...........................Respondent ......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ..

Category: Criminal Law | Date: | Hits: 75

Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)

..... Under section 439 Cr.P.C. the Court even Suo motu can call for the records and there is no legal bar in filing revisional application before the High Court Division by the complainant when the State does not prefer any appeal against the order of acquittal, even in "cases initiated on police ...... (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Tofazzal Hossain Shaikh................................ Appellant Vs. Mir Md. Akand & ors……….........................Respondents Judgment Octobe...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..

Category: Anti-Corruption Laws | Date: | Hits: 112

Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)

....section 420 of the Penal Code cannot be maintained, the question that calls for determination is whether the instant proceedings is liable to be quashed. In the case of Abdul Quader Chowdhury Vs. the State, 28 DLR (AD) 39, the Appellate Division of the Supreme Court duly considered the scope of sect......howdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nasiruddin Mahmud & others........................ Appellants Vs. Momtazuddin Ahmed & another...................... Respondents Judgment&nbs......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..

Category: Criminal Law | Date: | Hits: 146

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