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Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....inal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Muslimuddin & others………………………Appellants Vs. The State………………………………….Respondent Judgment Feb 20, 1986. Result: ......on (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Muslimuddin & others………………………Appellants Vs. The State………………………………….Respondent Judgment Feb 20, 1986. ......nts is set aside and all of them are acquitted 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: 38 DLR (AD) (1986) 311. ......, Dhaka in Criminal Appeal No.3 of 1982. Judgment Fazle Munim CJ.-This appeal arises from Criminal Appeal No. 3 of 1982 decided by a Bench of the High Court Division, Dhaka (Mr. Justice Amirul Islam Chowdhury and Mr Justice Md. Altaf Hossain) on 30th May, 1983. 2 Facts as stated in the eja..Category: Criminal Law | Date: | Hits: 56
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....(V of 1898), sections 265H, 265F, 265C & 339C The Sessions Judge cannot pass an order of acquittal without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it was the duty of the State to secure attendance of the witnesses and f......ivision (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Mrs. Amena Hoque……………………………………Appellant Vs. Rajab Ali & others……………………………….……Respondents Judgment Apri......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......order of acquittal passed in Criminal Revision No. 84 of 1984 affirming the judgment and order passed by the Sessions Judge, Comilla in S.T. Case No. 232 of 1983. 2. The allegation was that Nurul Islam (deceased) was attacked by the respondents on 11-3-83 at about 2 P.M. while his wife and their..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ghyasuddin Ahmed ……………………………………………...Appellant Vs. Q.N. Faruque & others........................................Respondents Judgment March...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......resent: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah man J A. T. M. Afzal J Maqsood Alam………………………………………….Appellant Vs. The People's Republic of Bangladesh, represented by the Military Estate Officer, Dhaka Ca...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......on (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Srish Chandra Das................................................................... Appellant Vs. Sri Sri Chatteswari Debi Bigraha, represented by Shebaits: Chandra Shekhar Chakraborty &......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......adesh) Ltd. Vs. Mohaluxmi Book Ltd. (1985) 37 DLR 129 AD; Profulla Choron Requittee vs. Satya Choron Requittee, AIR 1979 SC 1682. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam and Habibul Islam Bhuiyan, advocates with him instructed by Syed Sakhawat Ali, Advocate-on-Rec..Category: Criminal Law | Date: | Hits: 88
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
.... Shahabuddin Ahmed J.-The ace petitioners are seeking special leave to appeal from an order of the High Court Division dated 28 May, 1985 setting aside a Magistrate's order by which he allowed the State to withdraw from prosecution against them under section 494 Cr. Procedure Code two Criminal Ca......riminal) Present: F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M H. Rah man J A. B. M. Tofayel Ahmed...........................Petitioner (In both the cases) Vs. Sheikh Aminuddin & others………….. Respondent (In both the cases) Judgment May 8......rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ..Category: Criminal Law | Date: | Hits: 71
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......rt Appellate Division (Civil) Present: FKMA Munim CJ Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Shajahan……………………………………..Appellant Vs. Md. Sadeq & another …………………………….....Respondents Judgment Mar......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......powered to recount on the spot either on his own motion or on the requests of any candidate......(13) Cases Referred to- Mofazzal Hossain Vs. Election Commissioner, (1976) 28 DLR (AD) 51; Nurul Islam V. Munsif, Election Tribunal 28 DLR (Dhaka) 375. Lawyers Involved: Syed Ishtiaq Ahmed, S..Category: Election Law | Date: | Hits: 140
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ri ................................Appellant Vs. Safaruddin Mondal and others.........Respondents Judgment March 12, 1986. The Code Civil Procure, 1908 (V of 1908), section 148 The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), section 96(1) (4), clause (b) of section 9......llate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J A. T. M. Afzal J Abdul Hadi Bepari ................................Appellant Vs. Safaruddin Mondal and others.........Respondents Judgment March 12, 1986. The Code C......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......ivision (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhuri J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Waliul Bari Chowdhury...........................Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment J......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256....... authentication of Lok Sahitta Patrika done by Mr. A. Munim Chowdhury, Additional Deputy Commissioner, (General) Kushtia on 27.1.78; (v) Authentication of Aditi Mudrayan done by Mr. Azizul Islam, Additional Deputy Commissioner (General) Kushtia on 16.2.80; (vi) Authentication of ..Category: Information Technology Law | Date: | Hits: 226
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....t: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Mohitullah Pk. @ Mohitullah & others………….....Appellants. Vs. The State........................................................Respondent Judgment Feb 10, 1986......l) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Mohitullah Pk. @ Mohitullah & others………….....Appellants. Vs. The State........................................................Respondent Judgment ...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......2), Piare Dusadh v. Emperor, AIR 1944, 1(C). Vtnkatachennaya v. Emperor AIR 1920 Mad 337(FB); Inayat v. Rex, AIR 1950 All 369. Lawyers Involved: Syed Istiaq Ahmed, Senior Advocate with Mahmudul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on Record—For the Appellants. A. W B..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....late Division affirmed the judgement and decree passed by the High Court Division. Words and phrases Hats and Bazars After the acquisition of the hats and bazaar under the provisions of the State Acquisition and Tenancy Act, 1950, the Government has become the sole authority to establish h......Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J TM Masud J Syed Md. Mohsen Ali J Abdul Mannaf Khan and others……..Appellants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal No. 163 of......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ....... Bhuiyan, Additional Attorney-General with him) instructed by B. Hossain, Advocate on-Record—For the Respondents (In Civil Appeal No. 163 of 83). Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him), instructed by Mohammad Ayub, Advocate-on-Record—For the Respondent (In ..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
.... Appellate Division (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J M. H. Rahman J A. T. M. Afzal J Abdul Karim Sarker .............Appellant Vs. The State and another …………Respondent Judgment February 9, 1986. Contempt of Court ......eme Court Appellate Division (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J M. H. Rahman J A. T. M. Afzal J Abdul Karim Sarker .............Appellant Vs. The State and another …………Respondent Judgment February 9, 1986. Contempt of ......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......Committee vs. Md. Yusuf Ali (1977—78) BSCR 254 AD; Amir Sultan vs. Md. K. Alam. (1977) 29 DLR 295 (SC). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Shah Md. Sharif & Mahmudul Islam, Advocates with him) instructed by Md. Wahidullah, Advocate-on-Record—For the appellant (I..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... Meher Shamsunnahar, that he had no wife named Monowara Begum nor any Monowara Begum was ever in existence, but that Monowara Begum, as claimed to be his mother for the first time in his Written Statement, is a fictitious person, and that he not being the offspring of Amir Ali through any of h......esent: F K M A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment Ma...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......mir Ali, who was a Member of the Bengal Legislative Assembly for about 10 years, had only three wives, Sokhina Khatun of Patna, Zohora Khatun. A tribal lady brought from Darjeeling and converted to Islam and Meher Shamsunnahar of Bogra, and that Amir Ali had no other wife than these three ladies..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....r, 48 CWN 435; R. M. K. R. M. Somasundaram Chetty v. M. R. M. V. L. Subramaniam Chett, AIR 1926 (PC.) 136; C. K. Mukhopadya v. S. M. B. Debi, AIR 1924 (Cat) 895; Ahidhar Ghosh Vs The Secretary of the State, 36 CWN 665; Khandesh Laxmi Villas Mills Co. Ltd. V. Graduate Coal Concern Jalgaon, 59 ILR (Bo...... F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Ismail Ullah, being dead his heirs Bazidullah and others……….Appellants Vs. Sukumar Chandra Das and others…………………………….Respondents Judgment Ja......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....rregularity but an illegality and therefore, the sale held without complying with these provisions was null and void as not being sale under Act XI of 1859, vide Lala Mobaruk Lal vs. The Secretary of State of India ILR 11 Cal. 200 FB. This decision appears have been over-ruled by the Judicial commit......e Division (Civil) Present: F K.M.A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Lan......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115.......This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....ed by the Deputy Commissioner, Mymensingh…… …………………………………Appellant Vs. Abani Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from ......hahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Mymensingh…… …………………………………Appellant Vs. Abani Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The St......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....wal Vs. The General Manager, Hindustan Steel Ltd, AIR I970 SC 1150, and Ranju Kumar Chatterjee Vs. Union of India, AIR 1969 Cal. 95, Pakistan Vs. Naseem Ahmed, (1962) 14 DLR (SC) 169=PLD 1961 SC 445; State Vs. Dosso, (1959) 11 DLR (SC)1=PLD 1958 SC 533, Faiz Ahmed Vs. Registrar, Cooperative Societ......ple of natural justice was duly applied with the respondent even though civil service rules were not applicable to him. The Appeal is allowed…..(17 & 18) Case Referred to- Dr. Nurul Islam Vs. Government of Bangladesh, 33 DLR (AD) 371; B S I Corporation Vs. Mahbub Hossain, 29 DLR (AD) 41;......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......Principle of natural justice was duly applied with the respondent even though civil service rules were not applicable to him. The Appeal is allowed…..(17 & 18) Case Referred to- Dr. Nurul Islam Vs. Government of Bangladesh, 33 DLR (AD) 371; B S I Corporation Vs. Mahbub Hossain, 29 DLR (A..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....nal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Shamsul Huq @ Shamsul and others..................Appellants Vs. The State ..................................................Respondent Judgment January 22, 1986. ......on (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Shamsul Huq @ Shamsul and others..................Appellants Vs. The State ..................................................Respondent Judgment Januar...... conviction is set aside and they are acquitted 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: 38 DLR (AD) (1986) 75. ......se No. 91 of 1980. They, along with two others, namely, Mujaffar Ali and one Kashi alias Hazrat Ali, were tried together and were held guilty by the trial Court for committing the murder of one Nurul Islam on the night following 8 August 1978. Of the convicted persons, Mujaffar Ali was sentenced to ..Category: Criminal Law | Date: | Hits: 60
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....ion (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Muslim Khan ...................Appellant (In Criminal Apneal No. 25 of 1985) Vs. The State..........................Respondent Sanaullah Akhan.............................................ellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Muslim Khan ...................Appellant (In Criminal Apneal No. 25 of 1985) Vs. The State..........................Respondent Sanaullah Akhan................................. result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60....... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
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