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Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)

....ust 29, 1990. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record-For the Appellant. Bahauddin Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 7-4, 5(a), 5(a) 1 to 5(a) VIII, 6, 9 ...... others had taken a pattani howla of the suit land from the Bhulua Zamindars, owners of 11 annas and 5 annas interest in the same. Priyanath Das and others sold the entire pattani howla in 1928 to Fazar Ali and others, predecessors-in-interest of some plaintiffs and defendant Nos. 2-15. On ......d CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh…………….................Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment August 29, 1990. ...... 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 ..

Category: Property Law | Date: | Hits: 28

Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)

....ar Ali alias Manik Chand………Petitioner Vs. Fazar Ali and others...................Respondents Judgment February 6, 1991. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Crimina......y the learned Advocate for the petitioner. The petition is dismissed. Ed. ......learned Advocate for the petitioner. The petition is dismissed. Ed. ......petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)

.... Referred to- ALN Satnappa Chetti & ors Vs. Thayyanyaki Ammal, AIR 1942 Mad. 698; Anukul Chandra Chakravarti Chairman, Dhaka Dist. Board, AIR 1928 Cal 485. Lawyers Involved: Md. Mozammel Huq, Senior Advocate instructed by Md. Aftab Hossain, Advocate-Record-For the Appellan...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......4. The case of the plaintiff is that in the last revisional survey the suit land was recorded in possession of the persons mentioned in RS Khatian Nos. 5, 6, 7 and 9 of mouza Pahartali. One Korban Ali had 14 annas share in Khatian No. 5 which was inherited by his son and on his death it devolved......Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong........................Defendant-Appellant Vs. Most. Sharifjan Bibi and others.......................Plaintiff –Respondents ..

Category: Civil Law | Date: | Hits: 99

The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)

.... already been started. PW 12 the Sub‑Inspector of Police came to the house of the accused persons and held inquest on the dead body of Halima. On post-mortem examination of the dead body PW 11, Dr. Md. Hafizur Rahman found ecchymosis on various parts of the body, fracture of the left parietal bone......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. ......fe Halima Bibi. He was convicted by the Trial Court under section 302 of the Penal Code and sentenced to death by hanging. Four others were acquitted of the charge of murder, but two of them, Ekabbar Ali Pramanik and Majibur Rahman Pramanik, were convicted under section 201 of the Penal Code. The Hi......ismissed, Ed. ..

Category: Criminal Law | Date: | Hits: 49

Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)

....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. ......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. ...... Bazar and when they reached near the house of appellant Salem the accused persons attacked them being armed with dagger, gupti, lathis, etc. According to the First Information Report appellants Syed Ali Mal Kashem, Sadek Jamader, Shahjahan and others dealt dagger and gupti blows to deceased Karicha......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..

Category: Criminal Law | Date: | Hits: 51

Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)

....il) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur...........Appellants Vs. Md. Sanaullah........................................Respondent Judgment June 13, 1988. Ci......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ...... Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 33 DLR (AD) 321. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (Md. Khalilur Rahman, Advocate with him), instructed by Syed Sakhawat Ali, Advocate-on-Record— For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Sh...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur...........Appellants Vs. Md. Sanaullah........................................Respondent Judgment June 13, 1988..

Category: Employment/Service Law | Date: | Hits: 143

Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)

....re ignoring of certain side-aspects arising out of a piece of evidence. ……….(10) Cases Referred to- Abdur Rashid Khondoker Vs. Chandu Master & ors, 16 DLR (SC) 605. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Abul Quasem, Advocate-on-Record— For the Appellan......an 'Amin' i.e. his job involved measuring of lands. 3. Prosecution case is that on 30.3.70 corresponding to 16th Chaitra, 1376 B.S. Shamser Ali Amin accompanied by P.W. 5 Meheruddin and P.W.6 Fazar Ali went to village Tangrakura for measuring land of P.W.9 Sadek Ali Munshi. While returning t......also Reported in: 40 DLR (AD) (1988) 294 ......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..

Category: Criminal Law | Date: | Hits: 53

Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)

....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......onable doubt. The appeal is allowed and the order of sentence set-aside…………………(9&10) Lawyers Involved: Khondker Mahbub Hossain, Advocate, Supreme Court, instructed by Syed Sakhawat Ali, Advocate-on-Record, — For the Appellants. B.Hossain, Assistant Attorney-General, instruct�...... DLR (AD) (1988) 291..

Category: Criminal Law | Date: | Hits: 53

Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)

....al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......(3) Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant B. Hossain, Assistant Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record—For the Respondent. Criminal Appeal No. 2 of 1988. Judgment: M.H......290..

Category: Criminal Law | Date: | Hits: 53

Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)

....akhan Mahato and others Vs. State of Bihar AIR 1966 S.C. 1742, State of Andhra Pradesh Vs. T. Narayana AIR 1962 S.C. 240, Zamir Qasim and others Vs. Emperor, ILR 1944 All 403. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-Genera......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......r Qasim and others Vs. Emperor, ILR 1944 All 403. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 18 of 1985. Judgment: A.T.......AD) (1988) 286 ..

Category: Criminal Law | Date: | Hits: 55

Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)

....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......uddin Chaklader, Advocate-on-Record, — For the Appellants. B.Hossain, Advocate-on-Record- For the Respondent No. 1(State). Khandker Mahbub Hossain, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record — For the Respondent No. 16. Not Represented- For the Respondent Nos. 2...... (AD) (1988) 282..

Category: Criminal Law | Date: | Hits: 48

Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)

.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......g bail, is not just and proper. The order is set-aside and the case is remanded to the High Court Division for disposal according to law………………………(5,6) Lawyers Involved: Shaukat Ali Khan, Senior Advocate instructed by A. Baset Majumder, Advocate-on-Record—For the Appellants. ......ourt Appellate Division (Criminal) Present: B. H. Chowdhury J Shahabuddin Ahmed J M.H. Rahman J and A.T.M. Afzal J Saidur Rahman alias Chan Miah & Others.........Appellants Vs. The State…………………………………….Respondents Judgment June 20, 1988..

Category: Criminal Law | Date: | Hits: 97

Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)

....e is also Reported in: 40 DLR (AD) (1988) 279 ......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ...... Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Iqbal alias Salim…………Appellant Vs. The State…………………………..Respondent Judgment August, 1988. Criminal..

Category: Criminal Law | Date: | Hits: 56

Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)

....ri Gur Narayan and Ors. Vs. Sheo Lai Singh and ors. 23 C.W.N. 521 (P.C) =461.A. 1. Lawyers Involved: Syed Ishtiaque Ahmed, Senior Advocate, (Rokonuddin Mahamud, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. M. H. Khander, Senior Advocate, AJ. Maha......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272...... Syed Ishtiaque Ahmed, Senior Advocate, (Rokonuddin Mahamud, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. M. H. Khander, Senior Advocate, AJ. Mahamed Ali, instructed by Sharifuddin Chakladar, Advocate-on-Record, For the Respondent Nos. 1& 2. C...... the pleadings and amount to making out a new case…………………(12) Cases Referred to- Kumar Narendra Nath Roy V. Midnapore Zemindary Co. Ltd. 70 C.L.J 218; Chowdhri Gur Narayan and Ors. Vs. Sheo Lai Singh and ors. 23 C.W.N. 521 (P.C) =461.A. 1. Lawyers Involved: Syed Ishtiaque Ah..

Category: Tenancy Law | Date: | Hits: 106

Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)

....l) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Haruni Fisherman Cooperative Society...............Appellant Vs. Md. Ebadut Ali & ors......................................Respondents Judgment April 20, 1986......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......nt: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Haruni Fisherman Cooperative Society...............Appellant Vs. Md. Ebadut Ali & ors......................................Respondents Judgment April 20, 1986. Civil ...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Haruni Fisherman Cooperative Society...............Appellant Vs. Md. Ebadut Ali & ors......................................Respondents Judgment April 2..

Category: Property Law | Date: | Hits: 34

Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)

....hibited and the evidence adduced sufficiently proves the case of the respondent. Hence the appeal is dismissed……………..(10) Lawyers Involved: S M. Hussain, Senior Advocate, instructed by Md. Aftab Hussain, Advocate-on-Record - For the Appellants. Khondker Mahbubuddin Ahmed, Senior ...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......ers Involved: S M. Hussain, Senior Advocate, instructed by Md. Aftab Hussain, Advocate-on-Record - For the Appellants. Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate on-Record – For the Respondent No.1. Ex-Parte - For the Respondents Nos. 2-73 ......pellate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Bhupati Ranjan Shome & ors..........................Appellants Vs. Afizuddin Sheikh & ors..................................Respondents Judgment January 2..

Category: Property Law | Date: | Hits: 29

Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)

....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......AD) (1988) 262 ......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..

Category: Others | Date: | Hits: 103

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

.... and void. Though, however, the learned Judge did not set aside the auction sale. 7. Defendant-appellants moved this Court and obtained special leave to appeal on the following terms: "Mr. Md. Nurul Huq, learned Advocate- on-Record has urged that the High Court Division erred in holding......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ....../SA, S.A. khatian No.535 of 79. No Serajkati Mouza were not free from encumbrances as a total area of 6 acres of land under plot Nos. 1193, 1194,1195, 1196 and 1197 were entitled with one Amjad Ali Sk, and one Zoinuddin Sarder of P.S. Rajoir vide S.C. No. 219/6917 under XIIM/717/69-70. ...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Alauddin Sarder and another. .....................Appellants Vs. Surendra Nath Falia and Others.............Respondents Judgment November 23, 1986. ..

Category: Property Law | Date: | Hits: 35

Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)

....e dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......R (AD) (1988) 256 ..

Category: Criminal Law | Date: | Hits: 50

Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)

.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......�…………(8) Lawyers Involved: T. H. Khan, Senior Advocate, (Abdul Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Appellant. Syed Sakhawat Ali, Advocate-on-Record-For the Respondent (State). Criminal Appeal No. 18 of 1987 Judgment: ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ..

Category: Criminal Law | Date: | Hits: 56

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