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Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......e, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur RahÂman J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March...... of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......Ganesh Chandra, 34 DLR (AD) 220; Aftab Mia V. Wahab Ali, BCR 1982 AD 87; Jainullah and another Vs. Anu Miah and others, 9 DLR 258, Abdur Rahman V. Baser Ali, 21 DLR 599; Mr. Hossain, Mir Abdul Ali V. Md. Rafiqul Islam, 40 DLR (AD) 75. Lawyers Involved: Asrarul Hossain, Senior Advocate instruct..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......l) Present: Badrul Haider Chowdhury CJ Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Mahmudun Nabi (Md)... .............…………………………………….....Appellant Vs. Mafizur Rahman Manju and ors......................................Respondents Judgment ......s set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......y interest had continued at the time when he contested the election and continued after the election. As such he comes within the mischief of law as a disqualified person. Cases Referred to— Md. Mostafa Hossain Vs. Md. Faruque and another BLD 1988 (AD) page 170; Australasia Bank Ltd. Vs. Me..Category: Election Law | Date: | Hits: 134
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
.... rule was issued on the responÂdent No.1 to show cause under what authority he claimed to hold the office of the Chairman since he has defaulted in paying the loan of Taka 10,000/- taken by him from Bangladesh Krishi Bank, Satkhira Branch. Thus he became a defaulter within the meanÂing of section ...... Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Nur Mohammad............................………………………………………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgmen......aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......DLR (AD) 30. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record— For the Appellant. Sk. Afzalur Rahman, Advocate, instructed by Md. Ataul Hoque, Advocate-on-Record— For the Respondent No. 1. Not represented—Respondent No...Category: Election Law | Date: | Hits: 124
Comilla Electric SupÂply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......der Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Comilla Electric SupÂply Ltd.………………………………………………………………………….....Appellant Vs. The Commissioner of Income Tax, Chittagong Zone, Chittagong ..............Respondent Judg......s. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Paper Ltd. AIR 1956 SC 33. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Record— For the Appellant. A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondent. Civil Appeal No. 1 of 1981. Judgme..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....amendment will be within time, inasmuch as the pre-emption petition was within time……………(11) Cases Referred to- PLD 1948 (PC) 73; 15 DLR (SC) 120; Nurun Nahar V. Mohd. Fazlur Rahman, Bangladesh Supreme Court Report (1979) 135. Lawyers Involved: S.R Pal, Senior Advocate, instru......eme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J Sree Shushil Ranjan Dutta...……………………......Appellant Vs. Al-Haj Moulvi Idris Mia…………………………......Respondent Judgment Februar......n are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......ses Referred to- PLD 1948 (PC) 73; 15 DLR (SC) 120; Nurun Nahar V. Mohd. Fazlur Rahman, Bangladesh Supreme Court Report (1979) 135. Lawyers Involved: S.R Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant in both the appeals. M.H. Khandker, Sen..Category: Procedural Law | Date: | Hits: 84
Abdul Mannan TalukÂder Vs. BD House BuilÂding Finance CorporaÂtion and another, 1989, 18 CLC (AD)
....ul Haider Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Abdul Mannan TalukÂder……………………………………………………….............Appellant Vs. Bangladesh House BuilÂding Finance CorporaÂtion and another..............Respondents Judgment ...... Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Abdul Mannan TalukÂder……………………………………………………….............Appellant Vs. Bangladesh House BuilÂding Finance CorporaÂtion and another..............Respondents Ju......l. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......eferred to- Ready Mixed Concrete (South East) Ltd. V. Minister of Pensions and NaÂtional Insurance, 1968 (1) All. E. R. 433 (439-440); Wilkinson Vs. BankÂing Corporation (1948) 1 K.B. 721 (224); Md. Mafizuddin Vs. AbÂdul Hakim, 33 DLR (AD) 305. Lawyers Involved: Asrarul Hossain, Senior A..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
.... Reported in: 42 DLR (AD) (1990) 91. ......ury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintif......of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......e Act is inexorably attracted and it was barred. Cases Referred to— AIR 1973 S.C. 552; AIR 1975 Allahabad 202; AIR 1976 PunÂjab 279; AIR 1971 (SC) 306, AIR 1978 Mad. 201; AIR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Co..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....shable with sentence of imprisonment exceeding one year is beyond jurisdiction of a single bench of the High Court Division. Case Referred to- Sultan Ahmed Vs. Azizullah &. others (1980) 4 Bangladesh Supreme Court ReÂports, page 366. Lawyers Involved: Bahauddin, Advocate, instructe......f acquittal involving an offence punishable with sentence of imprisonment exceeding one year is beyond jurisdiction of a single bench of the High Court Division. Case Referred to- Sultan Ahmed Vs. Azizullah &. others (1980) 4 Bangladesh Supreme Court ReÂports, page 366. Lawyers Involv......sed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......igh Court Division. Case Referred to- Sultan Ahmed Vs. Azizullah &. others (1980) 4 Bangladesh Supreme Court ReÂports, page 366. Lawyers Involved: Bahauddin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the AppelÂlant. Md. Abut Quasem, Advocate-on-Record..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....n (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors.......………………………......preme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors........ This Case is also Reported in: 42 DLR (AD) (1990) 86. ......ivision was not justified to decline jurisdiction after three years on the ground of alternative remedy……………………..(11-14) Lawyers Involved: H. R. Sharif, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. A. W. Bhuiyan, Additional Attorney-Ge..Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....sult of election after accepting bribe from one of the contested candidates. 3. The High Court Division in making the Rule absolute, considered that the name of Oli Ullah Khan was published in the Bangladesh Gazelle on 13th June, 1988 i.e. two months after the issuance of the Rule, as the elected......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH RahÂman J ATM Afzal J Moulana Abdul Matin..................................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: ......aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......ad (election) Rules, 1983 in directing re-election…………………..(7) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant Md. Fazlul Karim, Senior Advocate, instructed by A. Basel Majumder, Advocate-on-Record—For ReÂspo..Category: Election Law | Date: | Hits: 111
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Serina Begum and another...............................................Appellant Vs. Mofizul Islam and others............................................Respondents Judgment ......is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......gh Court Division holding the same view. ……….……..(5) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by Syed Sukhawat Ali, Advocate-on-Record—For the Appellants. Shah Md. Sharif, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Respondent No.1..Category: Property Law | Date: | Hits: 32
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned AdvoÂcate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Reazul Hoque Molla............................................Defendant-Appellant Vs. Afizullah Mollah @ Shafiuddin Molla & others.............Plaintiff-Respondents Judgm...... is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......ant Judge cannot restore the suit in exercise of inherent power under section 151 of the Code………………………(5 & 6). Lawyers Involved: T. H. Khan, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Appellant Abu Sayeed Ahmed, Advocate instructed ..Category: Procedural Law | Date: | Hits: 88
Nurul Islam (Md) Vs. Election CommisÂsion & others, 1989, 18 CLC (AD)
....gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH RahÂman J ATM Afzal J Nurul Islam (Md)........................................................Appellant Vs. The Election CommisÂsion & others...................................Respondent Judgm...... aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ...... Court Division acted illegally in interfering with the election commission’s order for re-election…………………….(3 & 4) Lawyers Involved: Zakir Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the AppelÂlant. Sharifuddin Chaklader, Advocate-on-..Category: Election Law | Date: | Hits: 114
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....ed in: 42 DLR (AD) (1990) 68. ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......owed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....s also Reported in: 42 DLR (AD) (1990) 63. ......il) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Bangladesh, represented by the Deputy CommissionÂer, Pabna and others...........Appellants Vs. Abdus Sobhan Talukder (Md.) and another..............................Respondents Judgmen......ed withÂout any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......er Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Bangladesh, represented by the Deputy CommissionÂer, Pabna and others...........Appellants Vs. Abdus Sobhan Talukder (Md.) and another..............................Respondents Judgment. June 5, 1989. Result:..Category: Procedural Law | Date: | Hits: 132
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
....howdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Hafizuddin Sarker and Lakjan Bewa being dead their heirs: Nur Hossain and others.......... ......................Appellants Vs Bangladesh and others.....................Respondents Judgment April 16, 1989. Result: T......r declaration simpliciter is not maintainable, the findings of the said suit are not res judicata in the present suit. ReliÂance was placed on the case of K.B. Kishore Acharayya Chowdhury and others Vs. Province of East Bengal, 6 DLR page 1. The Appellate Court afÂfirmed this view and decreed the ......e, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......”For the Appellant. A.W. Bhuiyan, Additional Attorney General, inÂstructed by A.W. Mallik, Advocate-on-Record—For the Respondent No 1. Salehuzzaman, Deputy Attorney General, inÂstructed by Md. Aftab Hossain, Advocate-on- Record—For the Respondent Nos. 2(a)-2(c), 9(a)-9(d),16(a)-16(b) 19..Category: Property Law | Date: | Hits: 35
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
.........................Appellant Vs Miah Nurul Islam and others............................Respondents Judgment March 13, 1989. Result: The appeal is allowed. The Constitution of Bangladesh 1972, Article 102 Disputed question of fact being involved in the case, the High Court......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ...... aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ..Category: Election Law | Date: | Hits: 115
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......(1990) 48 ..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ....... Moreover evidence of eye-witness have been corroborated by a disinterested witness. So such evidence of eyewitnesses cannot be discarded………………..(47 & 54) Cases Referred to— Nazir Vs. State 14 DLR (SC) 159; Niaz Vs. State 12 DLR (SC) 289; Bhagwan Swarup Vs. State of Maharashtra, ......jority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......S.C. 1775; Sheo Swarup and others vs. King Emperor AIR 1934 Privy Council 227; Safdar Ali V. Crown 5 DLR 107; Taleb v. State, 19 DLR (SC) 134; Abdur Rashid V. State, 14 DLR SC 263; Ghulam Mohammad v. Md. Sharif and the State, 21 DLR SC 206; Abdur Rashid Khondkar v. Chandu Master and others, 16 DLR (..Category: Criminal Law | Date: | Hits: 52
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