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Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......J Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad Daily Paper and others................….Respondents Judgment ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......h F.B. page 1. Lawyers Involved: M. Nurullah, Advocate instructed by Syed Sakhawat Ali Advocate-on-Record—For the appellant. Kamal Hossain, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Kazi Ebadul Huq, Advocate-on-Record— For the responde..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....din………………………Appellants Vs. Hafizur Rahman Munshi & others………………………Respondents (In Civil Appel No. 123 of 1982) Judgment June 6, 1983. The State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedur......J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Ashwini Kumar Karmaker being dead his heirs: Sree Radha Raman Karmaker & others………………………Appellants Vs. Hari Mohan Shil & others………………………Respondents (In Civil Appeal No.103 of...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Quddus ...............................Appellant Vs. The State.........................................Respondent Judgment June 4, 1991. ......e Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Quddus ...............................Appellant Vs. The State.........................................Respondent Judgment June ...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......irst Information Report. PW 11 Md. Abul Mohsin Khan, son-in-law of PW 1 is a witness to the inquest report. PW 12 Md. Humayun is another seizure list witness. PW 13 Sub‑Inspector Kazi Anwarul Islam recorded the First Information Report. PW 14 Dr. Md. Shamsul Haque, the Resident Medical Offi..Category: Criminal Law | Date: | Hits: 58
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......esent: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chand (Md) Miah Sawdagar, being dead his heirs: Firoza Begum and others .........Appellants Vs. SMA Rahman .................................................Respondent Judgment ......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ..Category: Property Law | Date: | Hits: 26
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....riminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jatin Chandra Sit and others............Accused-Appellants Vs. The State.....................Respondent Judgment January 2, 1991. Lawyers Involved......vision (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jatin Chandra Sit and others............Accused-Appellants Vs. The State.....................Respondent Judgment January 2, 1991. ......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh and others ................................Appellants (In all the appeals) Vs. KM Shafi Ltd. .......................................Respondents (In all the appeals) ...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......cting him to call for statements from both the parties, take evidence if tendered, give hearing to the parties and proceed to decide the dispute in accordance with law." 4. Mr. Monirul Islam succeeded Mr. Matiur Rahman as Superintending Engineer, Roads and Highways, Dhaka Roads Circl..Category: Others | Date: | Hits: 88
State Vs. Shafique and others, 1991, 20 CLC (AD)
....and the leave petition arc dismissed. Ed. ...... Appellate Division (Criminal) Present: MHR Rahman J Mustafa Kamal J Latifur Rahman J State………………..Appellant Vs. Shafique and others…........... Respondents Khokan and another........Acc......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......sp; Latifur Rahman J.- In this appeal the State has challenged the order of acquittal of Respondents Shafique, Sultan, Abid Ali, Rafiqul Islam @ Rafique son of Mokbul Mia passed by the High Court Division, Comilla Bench in Criminal App..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....t. 3. The Government's case is that the suit land is a fishery, locally known as Magura beel fishery and it was recorded in the khatian of the Deputy Commissioner under section 20(3) of the State Acquisition and Tenancy Act as a non-retainable khas land and that the Government has been po...... (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgme......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....ision (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Alhaj Md. Serajuddowlah……........Accused-Appeallant Vs. The State………………......................Respondent Judgmen...... Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Alhaj Md. Serajuddowlah……........Accused-Appeallant Vs. The State………………......................Responden...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....ssed. Ed. ......riminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State………....................Appellant Vs. Khasru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment N...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......1 filed a written FIR to PW 22 SI Atior Rahman at Sindhiaghat Police outpost which was addressed to OC Muksudpur PS and sent there. The case was investigated partly by PW 22 and then PW 23 SI Rawshan Islam after completing investigation submitted charge‑sheet on 25.6.79 13. PW 17 Dr. Jamirudd..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... Appellant. Abdul Malek, Senior Advocate instructed by Shamsul Hoque Siddique, Advocate-on-Record-For the Respondent No. 1. Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 2 (State). Criminal Appeal No. 12 of 1991. From the Judgment and order dated 7.3.91 pas......e Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Samirun Nessa ......................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991....... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......minal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rahim @ ANM Abdur Rahim ................ ...................Petitioner Vs. Enamul Huq and another... ...............Respondents Judgment May 2, 1991.......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
....hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Saimuddin (Md) alias Saimuddin & others .................................Accused-Appellants Vs. The State....................................................... Respondent Judgment Marc......t: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Saimuddin (Md) alias Saimuddin & others .................................Accused-Appellants Vs. The State....................................................... Respondent Judgm...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....n in 1366 BS they started cultivation of paddy therein and are in continuous possession thereof ever since. The defendant-Government acquired the interest of the Bhulua Zamindars in 1951 under the State Acquisition and Tenancy Act. The plaintiffs went to the local Tahsilder in Baishak, 1368 BS f...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh…………….................Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
....earned Judges of the High Court Division without securing the attendance of the witnesses and consequently the acquittal order suffers from illegality. 5. At the outset it is to be stated that the State under section 417(1) (a) of the Code of Criminal Procedure is authorised to present an appeal ......petition is dismissed. Ed. ...... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ...... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......rted in: ......ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Kader Chowdhury..............Petitioner Vs. Nurul Islam and Others.................Respondents Judgment August 7, 1990. Lawyers Involved: ..Category: Civil Law | Date: | Hits: 105
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
.... Order of the Court. By majority decision the appeal is dismissed, Ed. ......ismissed, Ed. ......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. ......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. ......also Reported in: 43 DLR (AD) (1991) 6. ..Category: Criminal Law | Date: | Hits: 51
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......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 ......ut the assailants from Shamser Ali, Meheruddin and Fazar Ali. They claimed to have recognized the respondents as the assailants of Shamser Ali, from the place of occurrence Shamser Ali was taken to Islampur Thana Dispensary for treatment. There Doctor S.A. Wahab (P.W.13) Medical Officer of the D..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
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