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Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)

....y, that is frustrating the very pre-emption proceeding. The learned Munsif rightly granted the prayer and the High Court Division holding the same view. ……….……..(5) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by Syed Sukhawat Ali, Advocate-on-Record—For the Appellan......y, that is frustrating the very pre-emption proceeding. The learned Munsif rightly granted the prayer and the High Court Division holding the same view. ……….……..(5) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by Syed Sukhawat Ali, Advocate-on-Record—For the Appellan......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. ......er as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..

Category: Property Law | Date: | Hits: 32

Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)

....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..

Category: Civil Law | Date: | Hits: 130

Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)

....lear and unequivocal terms…(8) Cases Referred to- Musson V. Emile [1964] 1 WLR 337; Kirkness V. John Hudson & Co. Ltd. [1955] A.C. 696; Ormond Investment Co. V. Betts [1928] A.C. 143; A.K.M. Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and others, 38 DLR (AD) 17......lear and unequivocal terms…(8) Cases Referred to- Musson V. Emile [1964] 1 WLR 337; Kirkness V. John Hudson & Co. Ltd. [1955] A.C. 696; Ormond Investment Co. V. Betts [1928] A.C. 143; A.K.M. Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and others, 38 DLR (AD) 17......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ...... costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..

Category: Election Law | Date: | Hits: 125

Nurul Islam (Md) Vs. Election Commission & 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. ......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. ......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. ......ent Nos. 1—9. Civil Appeal No 25 of 1987. (From the judgment and order dated 11th December, 1986 passed by the High Court Division, Dhaka in Civil Order No. 988 of 1986). Judgment MH Rahman J.- This appeal by special leave is directed against the judgment and order dated 16th August..

Category: Election Law | Date: | Hits: 114

Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)

....vision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J ATM Afzal J The Republic of Pakistan (Now Bangladesh)................................Appellant Vs A.N.M. Serajul Haque being dead his heirs: Jahibul Hoque and others..................Respondents Ju......vision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J ATM Afzal J The Republic of Pakistan (Now Bangladesh)................................Appellant Vs A.N.M. Serajul Haque being dead his heirs: Jahibul Hoque and others..................Respondents Ju......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. ......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)

....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......Kanakammal AIR 1961(Mad)198; Muthia Chettiar & ors. Vs. V.E.S. Shanmugham Chettiar & another, AIR 1969(SC) 552; ILR 8 Bom 561; ILR 4 All. 530; 7 DLR (FC) 170. Lawyers Involved: Maksudur Rahman, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant Nos. 1 &..

Category: Procedural Law | Date: | Hits: 132

S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)

.... This case is also reported in: 42 DLR (AD) (1990) 62. ...... This case is also reported in: 42 DLR (AD) (1990) 62. ......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......se is also reported in: 42 DLR (AD) (1990) 62. ..

Category: Criminal Law | Date: | Hits: 39

The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)

....rder as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......rder as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ..

Category: Banking Law | Date: | Hits: 99

Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)

.... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ...... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ...... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ......of a modern progressive Society, an educational institution is regarded as a temple of learning………………………(3) Lawyers Involved: S.R. Pal, Senior Advocate instructed by Habibur Rahman, Advocate-on-Record. — For the Petitioner. Mahbubey Alam, Advocate instructed by Md. S..

Category: Family Law | Date: | Hits: 157

Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)

....d by res judiciata. In view of explanation IV of section 11 of the Code of Civil Procedure the High Court Division was correct in taking the view………………(5 & 8) Lawyers Involved: M.H. Khandker Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Ap......d by res judiciata. In view of explanation IV of section 11 of the Code of Civil Procedure the High Court Division was correct in taking the view………………(5 & 8) Lawyers Involved: M.H. Khandker Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Ap...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......rder as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ..

Category: Property Law | Date: | Hits: 35

Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)

....e-on-Record.—For the Appellants. Khandakar Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent No. 1. M. A. Rouf, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent N......e-on-Record.—For the Appellants. Khandakar Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent No. 1. M. A. Rouf, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent N......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......hout any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..

Category: Property Law | Date: | Hits: 32

Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)

....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......n this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..

Category: Property Law | Date: | Hits: 45

Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)

.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ...... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ...... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ......yed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ..

Category: Criminal Law | Date: | Hits: 34

State Vs. Arman Ali and Others, 1987, 16 CLC (AD)

....or the offence has been proved. The High Court Division rightly set-aside the conviction……………………….(7) Lawyers Involved: B. Hossain, Assistant Attorney-General instructed by M. Nowab Ali, Advocate-on-Record—For the Petitioner. Not represented.—Respondents. Crimina......or the offence has been proved. The High Court Division rightly set-aside the conviction……………………….(7) Lawyers Involved: B. Hossain, Assistant Attorney-General instructed by M. Nowab Ali, Advocate-on-Record—For the Petitioner. Not represented.—Respondents. Crimina......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......smissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..

Category: Criminal Law | Date: | Hits: 43

Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)

....l Hossain, Senior Advocate instructed by Aminul Huq, Advocate-on-Record.— For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate (Mrs. Rabeya Bhuiyan, Advocate with him), instructed by M. Nowab Ali, Advocate-on-Record.—For Respondent No. 1. Ex-parte—Respondent Nos. 2-10. Civ......l Hossain, Senior Advocate instructed by Aminul Huq, Advocate-on-Record.— For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate (Mrs. Rabeya Bhuiyan, Advocate with him), instructed by M. Nowab Ali, Advocate-on-Record.—For Respondent No. 1. Ex-parte—Respondent Nos. 2-10. Civ......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. ......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)

....l Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......l 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 ......rt, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..

Category: Property Law | Date: | Hits: 38

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

....l is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......l is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..

Category: Criminal Law | Date: | Hits: 52

Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)

....out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......he sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..

Category: Criminal Law | Date: | Hits: 41

Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)

..... The defendants No. 1 and 2 have not gone away from the premises leaving it to defendant No. 3………………………(13) Cases Referred to- 13 ALL 432; 34 CWN 230 Lawyers Involved: M. G. Bhuiyan, Advocate-on-Record-For the Appellant. Khondkar Mahbubuddin Ahmed, Senior Advocate,....... The defendants No. 1 and 2 have not gone away from the premises leaving it to defendant No. 3………………………(13) Cases Referred to- 13 ALL 432; 34 CWN 230 Lawyers Involved: M. G. Bhuiyan, Advocate-on-Record-For the Appellant. Khondkar Mahbubuddin Ahmed, Senior Advocate,......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ...... are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..

Category: Criminal Law | Date: | Hits: 47

Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)

....eady undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......eady undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..

Category: Criminal Law | Date: | Hits: 44

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