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The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....or against any evidence judtifying interference………………………(5 & 6) Lawyers Involved: B. Hossain, Advocate-on-Record. - For the Appellant. Mainul Husain, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.— For the ReÂspondents. Criminal Appeal No. 10 of 1985. ......k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ...... No. 27 of 1983.) Judgment: Shahabuddin Ahmed J. - This is an appeal against acquittal filed by the State. Accused-respondents No.1 to 4, respectively Abdur Rashid, Abdul Barek Mirdha, Mobarak Ali and Mohammad Hafez Mirdha, were convicted by the Additional SesÂsions Judge, Patuakhali by an o...... (AD) (1988) 106 ..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....ate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J M. H. RahÂman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment Marc......court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J M. H. RahÂman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J M. H. RahÂman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment ..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....ng the case to be not pending be set-aside……………(3 & 4) Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, inÂstructed by B.Hossain, Advocate-on-Record.-For the Appellant. Md. Aftab Hossain, Advocate-on-Record- For the Respondent Criminal Appeal No. 35 of 1985. From......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......) (1988) 99 ..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......iminal) Present: F. K. M. A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Abul Kashem and another.........................Petitioner Vs. The State ..............................................Respondent Judgment April 10, 1..Category: Criminal Law | Date: | Hits: 52
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....tion to waive such default, amount to waiver so as to entitle him to the protection against the consequence of default, that is, eviction…………(13) Cases Referred to- Ramjan Ali Mistry V. Md. Hedayetullh,(1979) 31 DLR 183 AD Profulla Kumar Chakraborty V. Anil Proshad Chowdhury, (1981) 33......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......f of his intention to waive such default, amount to waiver so as to entitle him to the protection against the consequence of default, that is, eviction…………(13) Cases Referred to- Ramjan Ali Mistry V. Md. Hedayetullh,(1979) 31 DLR 183 AD Profulla Kumar Chakraborty V. Anil Proshad Chowdh......l) Present: F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J M/s Binning & Co.(Bangladesh) Ltd………………….Appellant Vs. M/s Nasirabad Properties Ltd…………………………..Respondent Judgment Februa..Category: Tenancy Law | Date: | Hits: 109
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....s Case is also Reported in: 40 DLR (AD) (1988) 83. ......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......in the hospital is no ground to put a premium on the offence committed by the accused. …………………..(7) Lawyers Involved: Jamiruddin Sircar, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Rccord.- For the appellant B. Hossain, Assistant Attorney- General, instructed b...... Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Abdul Majid Sarkar ...............Appellant Vs. The State………………………….Respondent Judgment June 17, 1987 The Penal ..Category: Criminal Law | Date: | Hits: 52
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....llate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mir Abdul Ali.......................................... Appellant Vs. Md. Rafiqul Islam…………………………………………Respondent Judgment July 7, 1...... executed by the self-same vendor must be determined with reference to the title to the latter on the date of execution and not of registration………………(12 & 13) Cases Referred to- Fazar Ali and another Vs. Afzal Mia and others 9 DLR 258, Jainullah and another Vs. Ami Mia and othe......40 DLR (AD) (1988) 75, 1988 BLD (AD) 149....... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mir Abdul Ali.......................................... Appellant Vs. Md. Rafiqul Islam…………………………………………Respondent Judgment J..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
.... Case is also Reported in: 40 DLR (AD) (1988) 69 ......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......r members of the locality were afraid to give any information about their crimes to the authorities. It was further alleged that five other persons of the locality, such as Abdul Malek, son of Ershad Ali, Ansar Khamar, son of Osman Khamar, Hanif Biswas son of Mozamel Huq Biswas, Ibrahim son of Jabed......ppellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Shamsuddin alias Lambu and ors………………Appellants Vs. The State and others ..................................Respondents Judgment July 5th 1..Category: Criminal Law | Date: | Hits: 46
....LD, 263 =37 DLR (AD) 117, R.D. Shetty vs. International Airport Authority, AIR 1979 (SC) 1628.
Lawyers Involved:
Rafiqul Huq, Senior Advocate, (M. Fazlul Haque, Advocate with him) instructed by Md. Aftab Hossain, Advocate on Record. - For the Appellant.
S.R.Pal, Senior Advocate, (Roushan Al...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......Lawyers Involved:
Rafiqul Huq, Senior Advocate, (M. Fazlul Haque, Advocate with him) instructed by Md. Aftab Hossain, Advocate on Record. - For the Appellant.
S.R.Pal, Senior Advocate, (Roushan Ali Advocate with him) instructed by M. G. Bhuiyan, Advocate-on-Record.-For the Respondent Nos. 1-3....... vessel, as his offer was not accepted by the Corporation which reserved full power to reject any offer, and no agreement was concluded with him…(12 & 16)
Cases Referred to-
M/s. H. Ahmed Vs. M/s. H. D. H. Bros, 32 DLR (AD) 223 and Ummu kawsar Salsabil vs. Shama Corp., 1985 BLD, 263 =37 ..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....¦â€¦..(14 & 15) Cases Referred to- Shahbaz vs. Crown P.L.D. 1956 (F.C.) 46, Lt. Col. G. L. Bhattacharya V. The State and 2 others P.L.D. 1964 (SC) 503, Himayatullah Farukhi P.L.D. 1969 (SC) 407, Md. Shoib vs. Govt. of Bangladesh 27 DLR 315, Md. Hemayetullah in 21 DLR (SC) 236 = PLD 1969 (SC) 40......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......t Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Rep..Category: Property Law | Date: | Hits: 49
Jamal and others Vs. The State, 1987, 16 CLC (AD)
.... Musa Sarkar was alleged to be the prime mover, the main man among the accused. He hails from Char Kajla which is to the adjacent west of Char Khojapur wherefrom the main man of the complainant party Md. Sohrab (P.W.1) hails. Musa Sarkar, admittedly an influential person, has houses at two other pla......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......epting evidence of PW 4 Mobarak and others. The evidence on does not justify the order of conviction under section 302/109 and 148 Penal Code…………(15 & 16) Lawyers Involved: Shaukat Ali, Senior Advocate instructed by A. Baset Majumder, Advocate-on-Record.- For the Appellant. B. ...... (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......ppellants' claim to evict her from the suit premises on the ground of some technical objection…………(7 & 8) Lawyers Involved: A.T.M. Kamrul Islam, Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record-For the appellants (In both appeals). Ex-Parte- For Respondent Nos. 1-7 (...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin J M.H. Rahman J Tajabunnessa and others ...........................Appellants (In both the appeals.) Vs. Mrs. Nazma Begum and others.................. Respondents (In both appeals.) Judgment J..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
.... Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......is Case is also Reported in: 40 DLR (AD) (1988) 23. ......Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Rahima Akhter and others..............................................Appellants Vs. Asim Kumar Bose and others ........................................Respondents Judgment ..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....tta AIR 1980 Cal. 184, Nitindra Nath Roy Chowdhury vs. Subhas Ch. Kar 85 CWN 915. Lawyers Involved: Khondker Mahbub Uddin Ahmad, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record- For the Appellants. Ex parte- The Respondents. Civil Ap......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......€¦.(13 & 14) Cases Referred to- Narasimha V. Sengodi AIR 1955 Mysore 79, Padam Sen and another V. State of U.P. AIR 1961 (SC) 218, Institution of Engineers V. Bishu Pada AIR 1978 Cal. 296, Amjad Ali V. All Hossain Johar and another, 15 C.W.N. 353, Ram Charan and others V. Murli and others AIR 1...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M Afzal J Mohammad Mobarak Hossain and others ............Appellants Vs. Mohammad Mustafa Hossain and others ...................Respondents Judgement April 8,..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....ported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ...... Cases Referred to- Dr. Kamal Hossain v. Mohammad Sirajul Islam, 21 DLR (SC) 23, Darley v. The Queen, 12 Cl & F. 537, King v. Spyer and The King v. Cassel, 1 KB (1916) Vol.1, p. 595, Farzand Ali v. Province of West Pakistan, PLD 1970 SC 98, Laliteshwer Prasad vs. Bateshwar Prashad, AIR 1966...... Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Mostafa Hossain ............................Appellant Vs. Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......pellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The State....................................Appellant Vs. Tayeb Ali and others…………………...Respondents Judgment March 31, 1987. Result: The ......me Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The State....................................Appellant Vs. Tayeb Ali and others…………………...Respondents Judgment March 31, 1987. R..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....his Case is also Reported in: 40 DLR (AD) (1988) 1......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......correct in dismissing the suit…………………..(19 & 20) Cases Referred to- M/s. M.A. Hoque & Co. Vs. Zakir Hossain 1984 BLD 298, Prafullah Kumar Chakrabarty's case, 1981 BCR(AD)41, Ramjan Ali Mistry's case, 31 DLR(AD) 183, M/s. Binning & Co. Vs. M/s. Nasirabad Properties Ltd. 1986 BLD (A......me Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Golam Hossain .........................Appellant Vs. Mst. Asia Khatun Chowdhury..........Respondent Judgment March 29, 1987. The Premises..Category: Property Law | Date: | Hits: 52
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Md. Naimuddin Sardar…………………………...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......am Basiruddin @ Abul Kalam Azad & another……………………Respondents Judgment April 5, 1987. Cases Referred to- Erfan Ali vs. Joynal Abedin Mia, 1983 BLD (AD) 342=DLR 35 (AD) 216. Lawyers Involved: Rafiq...... Md. Naimuddin Sardar……………………………………………………Appellant Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam Basiruddin @ Abul Kalam Azad & another&helli..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....;…Respondents Judgment September 2, 1985. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Md. Sajjadul Hoque, Advocate-on-Record—for the Appellants. Rafiqur Rahman, Senior Adv......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......leka Khatun & anr……………………………………………….Appellants Vs. Abid Ali & others.…………………………&he......J Mst. Maleka Khatun & anr……………………………………………….Appellants Vs. Abid Ali & others.……………………&he..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......ry and another, 33 I.A. 60; Gopal Das vs. Sri Thakurji, AIR 1943 (PC) 83 (86); Reg vs. Hodges (1838); 28 DLR (1976) 437; AIR 1928 (Cab 705; Mohd. Cherag vs. Dullay Khan PLD 1954 (Dhaka) 134; Ihtesham Ali vs. Jamna Prasad and others 48 I.A 365= AIR 1928 (P.C) 56; 32 DLR (AD) 29. Lawyers Involved:......sion (Civil) Present: FKMA Munim CJ Badrul Haider ChowÂdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents ..Category: Procedural Law | Date: | Hits: 115
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