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Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... corresponding CS plot number. It was further stated in the written statement that the first party‑appellant obtained an ex parte decree in respect of the case land against the Government of Bangladesh in Title Suit No. 208 of 1984 from the 1st Court of Subordinate Judge, Dhaka and the Gov..Category: Criminal Law | Date: | Hits: 54
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ..Category: Criminal Law | Date: | Hits: 37
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ...... 3, against whom the appellant did not pray for any relief. 2. On 6th April, 1982 defendant Nos. 2 and 3 filed two applications for setting aside the ex partee decrees under Article 3 of the Bangladesh (Legal Proceedings) Order, 1972 (PO No. 12 of 1972). By separate orders Dated 30th April..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of BanglaÂdesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......bruary 27, 1990. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent Nos. 1-3. Abu Bakk......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ...... property under the management and control of the Government with the Present occupant as lessee/tenant until further orders. The appellants' case in the Writ petition was that they are citizens of Bangladesh having migrated from Murshidabad, India, in 1964, after exchanging their Indian property..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......ppellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment August 29, 1990. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record-For the Appellant. Bahauddin Ahmed, Ad......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ...... Ed. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... 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. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J AT Afzal J Latifur Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong...................... 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. ...... Ed. ..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....hana to lodge the FIR, but the police officer refused to record the same on the plea that the informant did not see anyone to kill Halima and that an UD case had 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 Ha..............................................…..Appellant Vs. Mofazzal Hossain Pramanik ..................Respondent Judgment June 27, 1990. Lawyers Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Responde......out 10.00 PM the accused Ekabbar Ali went to Halima's parents' house and informed them that their daughter was seriously ill. In the following morning the accused Majibur Rahman Pk., went to Shibganj Police Station and informed the police that Halima and tier husband had a quarrel in the afternoon o......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. ..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. ......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. ..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....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 ......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 ......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 ......ishatnagar, Tongi, District Gazipur...........Appellants Vs. Md. Sanaullah........................................Respondent Judgment June 13, 1988. Civil Appeal No. 66 of 1986 The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972) Articles 5(a) ..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......tor Abdul Momin Chowdhury (P.W.3) held post-mortem examination of the deceased and found as many as 15 incised wounds on his person, three of which were on the head. After completion of investigation Police subÂmitted charge-sheet and eventually the respondents were put on trial in the First Court ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitÂted 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......¦â€¦â€¦â€¦(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, instructÂed by Nowab Ali, Advocate-on-Record, — For the Respondent. Criminal Appeal N...... other accused had been found not guilty and acquitted in appeal. . 3. The prosecution case started on a First inforÂmation report lodged by the informant. P.W.1. Mohiuddin, on 1.7.77 in Abhoynag Police Station. It related to two incidents that took place on the previÂous day, 30.6.77, in villa......s set aside and they are acquitÂted 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..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....al is allowed. The apÂpellant 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......earlier………………………(3) Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the ApÂpellant B. Hossain, Assistant Attorney-General, inÂstructed by M. Nowab Ali, Advocate-on-Record—For the Respondent. Criminal Appeal N......o.9 dated 24.2.1987. It is alleged in the F.I.R. that on 24.2.87 at about 5.15 P.M. some persons, not named in the F.I.R., being armed with rifles, hand-grenades and other weapons attacked Guradaspur Police Station and after overpowering the police on duty looted away some arms and ammunition from t......al is allowed. The apÂpellant 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..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....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 ......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-General, instructed by M. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 1...... were then taken to Gaffargaon Thana Health Complex for treatment but he breathed his last there at about 5 P.M. on the same day. Shah Rezaur Rahman (P.W.1), brother-in-law of Fakir, lodged FI.R. and Police upon investigation submitted charge-sheet. 5. At the trial common charges under sections 3......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 ..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......he dead body of Nur Mohammad could not be recovered. The information of Amir Hussain gave rise to Tongibari P.S. Case No. 7(5)85 under Section 302/149/148/147/325/307/109/201 of the Penal Code. 5. Police upon investigation submitted charge-sheet in both the cases. Tongibari P.S. case No. 6 dated ......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..Category: Criminal Law | Date: | Hits: 48
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill conÂtinue on the bail and realisation of the fine will reÂmain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......……………………(4 & 5) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellant. A. W. Bhuiyan, Additional Attorney-General, inÂstructed by A. W. Mallik, Advocate-on-Record, — For the Respondent. Criminal Appea......ill conÂtinue on the bail and realisation of the fine will reÂmain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......ill conÂtinue on the bail and realisation of the fine will reÂmain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ..Category: Criminal Law | Date: | Hits: 56
Haruni Fisherman CoÂoperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requirÂing 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 ...... estoppel. Hence the appeal is dismissed……………..……(10, 11 & 13) Lawyers Involved: Aftab Hossain, Advocate-on-Record-For the ReÂspondent No. 1. A. W. Bhuiyan, Additional Attorney General, inÂstructed by Syed Sakhawat Ali, Advocate-on- Record— For Respondent No. 2. Not repr......i ever arises requirÂing 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 ......of the year 1391 B.S. The order was communicated to the appellant SocieÂty by the Ministry's letter dated 28th September 1985. The letter is as follows: "Government of the People's Republic of Bangladesh, Ministry of Land Administration and Land Reforms Section-VII Memo No. VII-Habi-13/85..Category: Property Law | Date: | Hits: 34
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 exÂpire 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 exÂpire 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 exÂpire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......s Chairman, B. I. W. T. A. & ors...............................Respondents (in all the three appeals) Judgment May 18, 1986. Civil Appeal Nos. 10, 11 & 12 of 1986 The Constitution of Bangladesh, 1972, Article 102 Contractual right, based on the licence, is not amenable to the writ..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....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 ......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 ......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 ......of 1959-60 and by suppression of notices and sale proclamation managed to purÂchase the land in the name of the Government5. Some of the certificate debtors were already dead. After the emergence of Bangladesh plaintiffs filed objection before Circle Officer (Revenue), Madaripur. MiscelÂlaneous Ca..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ...... view of law, the only course for the Sessions Judge was to direct further enquiry under section 436 Cr. P.C..………………(7) Lawyers Involved: Abdul Wadud Bhuiyan, AddiÂtional Attorney-General, B. Hossain, Assistant Attorney-General with him, instructed by M.R. Khan, Advocate-on-Recor......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ...... 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......mmission. ………………….(10) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Sajjadul Huq, Advocate-on-Record-For the appellants. J.R. Mudassir Hossain, Deputy Attorney General, instructed by M.R. Khan, Advocate-on- Record-For the Respondent. Criminal Appeal No. 6 o......ng the accused including the apÂpellants. Wazed Ali and others present in the house during the night not only heard the names of the acÂcused from the deceased but also from Ayesha and Anjuman Ara. Police upon usual investigation subÂmitted chargesheet and the trial took place as aforeÂsaid. ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32