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Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......Judgment March 9, 1987 Case Referred to- Muhammad Swaleh V. Messrs United Grain & Fodder Agencies PLD 1964 (SC) 97—16 DLR (SC) 155. Lawyers Involved: B. Hossain, Advocate on Record—For the Appellant. Ex-parte—For the Respondent. ......o;s Republic of Bangladesh, represented by the Deputy Commissioner, Pabna…………………………………Appellant Vs. Md. Kobad Ali and others…. ………………&helli......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..Category: Procedural Law | Date: | Hits: 102
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......structed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants (In both the appeals). Mainul Hosein, Advocate (Md. Joynal Abedin, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent (In both the appeals). Civil Appea......ed J M. H. Rahman J A.T. M. Afzal J. Amin Scales Limited and another……………………..Appellants (In both the appeals) Vs. Md. Yakub………………………&hellip......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......nt Judgment March 16, 1987. Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent, Criminal Appeal No. 29 of 1986 ......y;dhury J Shahabuddin Ahmed J M. H Rahman J A .T. M. Afzal J Nausher Ali Sarder & others………………….Appellants Vs. The State………………………&hellip...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....p; Fazle Munim CJ.- This appeal arises from First Appeal No. 28 of 1970 decided by a Bench of the High Court Division, Chittagong (Mohammad Habibur Rahman and Syed Mohammad Ali, JJ.) on 4th March 1984. Facts are: One Umesh ......cate, Nurul Islam Chowdhury, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. A. Y. Salehuzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the Respondent No. 1. A. W. Bhuiyan, Additional Attor......todian, Vested and Non-Resident Property, Chittagong and others .............................Respondents Judgment September 24, 1986 Cases Referred to- Rahima Aktar Vs. Asim Kumar Bose 1985 BLD (AD) 155; Watson v. Winch, 1 K. B. (1916) 688; Surtees v. Ellison (18...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......ts Judgment March 12, 1987. Cases Referred to- AIR 1917 PC 25; Siraj Din v. Kala, 16 DLR, SC 95; A.I.R 1917 P.C. 25; 16 D.L.R (SC) 94. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Appellant Abdul Malek, Senior Advocate Sharifuddin Chakl...... Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J The State……………………………....Appellant Vs. Fazal and others………………....Respondents J......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..........Respondent Judgment May 14 1986. Cases Referred to- Nava Kumar vs. Radhashyam. AIR 1931 (PC) 229; United Provinces Vs. Atiqa Begum, AIR 1984 PC 16. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record-For the Appellant. R......sion (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ....... 1125; Kauda Paduyachi vs. State of Tamil Nadu AIR 1972 S.C. 66(69); Bhuboni Sahu vs. The King AIR 1949 P.C. 257 (259); H.S. Rathod vs. State of Gujrat AIR 1979 S.C. 1232. Lawyers Involved: B. Hossain, Advocate-on-Record.- For the Appellant. Habib Ahmed, Advocate, instructed by Md. Aftab H...... Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. R......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....iah, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Rafiqul-ul-Huq, Senior Advocate, Moksudur Rahman, Senior Advocate with him instructed by Mohammad Ayub, Advocate-on-Record—For the Respondent Nos. 6 end 7. Not represented&mda...... Khaleque Bains vs. Government of Bangladesh, Civil Appeal No. 21 of 1986. Lawyers Involved: T. H. Khan, Senior Advocate, M. A. Mahbub Miah, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Rafiqul-ul-Huq, Senior Advocate, Moksud...... Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Ayub…………………………..……….Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others……....... A.T.M. Afzal J Md. Ayub…………………………..……….Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others……..Respondent Judgment Novembe..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......ramount Talkies, AJR 1942 Bom. 119. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. Asrarul Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Res...... Present: Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Shafquat Haider & others………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......Mahmudul Islam, Advocate with him) instructed by Kazi Ebadul Huq, Advocate-on-Record—For the Appellant. M. Nurullah, Attorney-General, M.M. Huq, Deputy Attorney-General with him instructed by B. Hossain, Advocate-on-Record—For the Respondents Nos. 1 and 2. T. H. Khan, Senior Advocate, M.R.......vil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sharping Matshajibi Samabaya Samity Ltd.....................Appellant Vs. Bangladesh & others…………………………………………………………….......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......awyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate, Supreme Court with him, instructed by Sajjadul Huq, Advocate on Record—For the Appellants. Asrarul Hossain, Senior Advocate, A. B. M. Khairul Huq Advocate, Supreme Court, with him instructed by Md. N...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J ATM Afzal J Feroza Majid and another……………….... Appellant Vs. Jiban Biman Corporation......................Respondent Result: The appeal is dismis...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....eptember 22, 1986. Cases Referred To- Md. Jabed Ali and others v. Rakhal Chandra Mondal and others, 33 DLR (AD) 309; Khairullah Bhuiyan v. Haji Nurul Alum Chowdhury, 35 DLR (AD) 338; Mohammad Abdur Rouf vs. Ahamuda Khatun 33 DLR (AD) 323; Md. Jebed Ali and others V. Rakhal Chandra ......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ...... MH Rahman J ATM Afzal J Sree Monoranjan Banik and another……………………………….Petitioners Vs. Sree Nitya Ranjan Karmakar & others………………&......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ..Category: Property Law | Date: | Hits: 43
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......hy;trial Development Bank. (1966) 18 DLR (SC) 354; PLD 1966 SC 1938. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate on Record—For the Appellants. A KM. Nazrul lslam, Advocate instructe......J Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha & others…………Respondent ......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....hen he was applying kerosine oil on his leg for relieving pain the appellants, Siraj Miah and Montu Miah, and (even other accused persons, namely. Abdul Malek, Selim Miah, Hussain, Faruk, Mohammadullah alias Chowdhury, Sayed Ahmed and Rafiqullah, trespassed into his dwelling hut by bre......ts fencing and started beating him by fists and blows. When P.W.1 raised alarm the accused persons threatened and compelled him to keep quiet and tit at the southeast corner of the hut. The accused Hossain took away one steel trunk containing Caries, petty-coats, blouses etc. Tk 550/- in cash an......d J M.H. Rahman J A.T.M. Afzal J Siraj Miah & another………………………………Appellants Vs. State & another……………………&helli......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 57
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......ridhar Suar AIR 1976 (SC) 1860; Srimath D. P. Desikar AIR 1936 (P.C.) 183; Atyam Veerraju AIR 1966 (SC) 629. Lawyers Involved: Sheikh Afzalur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Ranadhir Sen, Advocate, instructed by Syed S......nim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Chunnu Mia………………………Appellant Vs. Monindra Lal Roy & others……Respondents Judgment June 29, ......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....); Corea vs. Apuhamy A.I.R. 1914 P.C. 243; Culley vs. D.D. Taylerson 11 A & E 1008(1840). Lawyers Involved: S R, Pal, Senior Advocate, M. H. Khondkar, Senior Advocate & A. J.Mohammad Ali, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appel......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......sp; Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants Vs. Roushan Ara Begum and others……………Respondents ......ld not justify a case of adverse possession. 19. It is not necessary to recapitulate the principle that has been laid down on the law of adverse possession by the highest authority. In Secretary of State for India V. Devendra Lal Khan reported in 61 IA 78=38 C.W.N. 285, the Privy Co..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
.... of West Pakistan, 221 DLR 98 SC—PLD 1970 SC 180; Abdul Rauf Vs. Abdul Hamid 17 DLR 515 SC at p. 519. Lawyers Involved: S. R. Pal, Senior Advocate, M. H. Khondker, Senior Advocate and A. J. Mohammad Ali, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record-For the appe......r Chowdhury, J. 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: 39 DLR (AD) 1. ......ion (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Nur Muhammad & others.....................Appellants Vs. Moulvi Moinuddin Ahmed & others.........Respondents Judgment February 18, 1986. ......…………….(29) Cases Referred to- Ali Jan Vs. Bangladesh 37 DLR (AD) 161; Khondker Ehteshamuddin @ Iqbal 33 DLR (AD) 154; Federation of Pakistan Vs. Saeed Ahmed PLD 1974 (S.C) 151 (168); Secretary of States vs. Mask & Co. 44 CWN 70—AIR 1940 PC 105; Mian Mohammed Latif vs. Province..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....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. ...... Case Referred To- Safdar Ali Vs. Crown, 5 DLR (FC) 107. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 58 of 1983. From the Ju......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. ..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
.... land than the lessor………………….(5) Cases Referred to- Prassanna Moyee vs. Kali Das, (1881) 9 Cal. L.R. 347; 31 DLR 107. Lawyers Involved: M.H. Khandker, Senior Advocate, A. J. Mohammad Ali, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the......mad Ali, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the appellant. T. H. Khan, Senior Advocate, M. A. Wahhab Mia, Advocate with him instructed by Md. Aftab Hossain, Advocate-on- Record— For respondent No. 1. EX-parte- Respondent Nos. 2-5. Civil App......Appellate Division (Civil) Present: F.K.M.A.Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J Waliullah Munshi…………………………... Appellant Vs. Lodu Mia Patwary & others………………..Respondent Judgment January 19, 1986.......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ..Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....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 ......ion 339C Cr.P.C. Lawyers Involved: Rafiqur Rahman, Senior Advocate instructed by Serajur Rahman, Advocate-on-Record—For the Appellant. Habibur Rahman Khan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent Nos. 1-15. A.W. Mollik, Advocate-on-Record—Fo......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 ..Category: Criminal Law | Date: | Hits: 38
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