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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 ...... in Matter No. 13 of 1986.) Judgment: Fazle Muim CJ.-This appeal arises from, Matter No. 13 of 1985 and was decided by the Company Judge of the High Court Division, Dhaka (Mr. Justice Sultan Hossain Khan) on 20th November 1985. 2. On 17th April 1985 respondents filled an application unde...... 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 ..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 ......han, Senior Advocate (M. A. Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For Respondent Nos. 1, 2 and 5. Ex-parte—for Respondent Nos. 3 and ......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 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....agong in First Appeal No. 17(c) of 1982.) Judgment Fazle Munim J.-This appeal arises from First Appeal No. 17(c) of 1982 decided by a Bench of the High Court Division, Chittagong (Mr. Justice Mohammad Habibur Rahman and Mr. Justice Syed Mohammad Ali) on 1st April, 1984. 2. Plaintiff is th......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 &......h issue was framed during trial…………………..(19) Cases Referred to- Bhagwan Singh vs. Ujagar Singh, AIR 1928 PC 20; Chunder Dhutt Misser Vs. Bhagwat Narain Thakur (1898-99) 3 CWN 207; Secretary, Ministry of Industries Vs. Saleh Ahmed(1981) BLD 91 AD; Planters (Bangladesh) Ltd. Vs. ..Category: Criminal Law | Date: | Hits: 88
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....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 ......yers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Petitioners (In both the case). M. A. Wahhab Miah, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents (In both the cases). Criminal Petitions for Spe......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 ..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. ......ecounting had been made to the Presiding Officer who is alone empowered 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 2......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. ..Category: Election Law | Date: | Hits: 140
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....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......e impugned order.………..(10) Case Referred to- Shah Wall V. Ghulam Din, (1967) 19 DLR (SC) 143. Lawyers Involved: Miah Abdul Gufur, Advocate-on-Record—For the Appellant. Md. Aftab Hossain, Advocate-on-Record— for Respondent Nos. 1—3. Ex-parte- Respondents No. 4—32. C......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..Category: Property Law | Date: | Hits: 51
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....hat in the facts of the case the old provisions do not apply and the trial without assessors was valid, be has referred to and relied upon the decision of the Supreme Court of Pakistan in the case of Mohammad Alam Vs. The State reported in (1967) 19 DLR (SC) 242. 7. Mr. Ahmed has replied that the......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 Bhuiyan, Additional Attorney General, B Ho......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 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....th 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 Civil Appeal No. 164 of 1983). Civil A......en Ali J Abdul Mannaf Khan and others……..Appellants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal No. 163 of 1983). Golam Hossain Khan…………………….Respondent (In Civil Appeal No. 164 of 1983) Judgment Aug......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......Roy Chowdhury vs. Kristo Chandra Sana Sardar, AIR 1920 Cal 255 at p. 256; Rex v. Marsden (1765) 3 Burr. 1812; Hammenton, Earl of Dysart, 1916 AC 57; Dr. Nurul lslam vs. Bangladesh, 1981 BLD 140 (AD); Secretary of State vs. Tameside, (1976) 3 All E.R, 665; Batuk vs. Surat Municipality, AIR 1953, Bom...Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......e absence of any contract is adjustable against the rent…….(15) Cases Referred to- Shamsuddin Ahmed vs. Mohd. Hassan and others (1979), 31 D.L.R (AD) 155; Mst. Esarunnessa Bibi vs. Md. Amir Hossain reported in 38 D.L.R. (AD) 1. Lawyers Involved: M H Khondker, Senior Advocate, A. J.......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....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 ......nstructed by Kazi Ebadul Huq, Advocate-on-Record—For the Appellant. A.W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record— For the Respondent No. 1. B. Hossain, Advocate-on-Record—For the Respondent No. 2. Criminal Appeal No. 3 of 1985. From th......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 ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.............................Respondents Abul Bari……………………...Appeallant (In Civil Appeal No. 53 of 1985) Vs. Shahjahan Chowdhury and others…………………….Respondents Mohammad Hossain Mi Sarker Appellant (In Civil Appeal No. 54 of 1985) Vs. Mohammad Mobarak Ali...... 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam Azad ………………..Appellant (In Civil Appeal No. 52 of 1985) Vs. Nur Hossain Howlader and others...........................................Respondents Abul Bari……...... 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......Hanif Ltd. (1955)7 DLR 287; IDBP (Bangladesh) Vs. M/s. Master Industries, 1974, 26 DLR 157; Muhammad Hosain Munir Vs. Sikandar, PLD 1974 SC 139; The Murree Brewery Co. Ltd Vs. Pakistan through the Secretary to Govt. of Pakistan, Works Division and 2 others, PLD 1972 SC 27; K. K. Shrivastava V Bh..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....m the acknowledger in his acknowledgement if he can give an account of himself; for one he can do so in his own power contrary to the case of a child who cannot account for himself. (A Digest of Mohammadan Law—Baillie P 405). 15. Amir Ali acknowledges Khorshed Alam as his son and Khorshed......the only eldest son of late Amir Ali Mia who was the Mutwalli of Salamat Mia Wakf Estate at Rajshahi and eligible for the Mutwalliship of the Wakf Estate in terms of the Waqfnama. 4. One Salamat Hossain created a Wakf deed dated 1.7.30 and the Wakif was the first Mutwalli. After his death Amir ......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...... case, but the remaining witnesses are found to be independent and disinterested persons having no grudge or enmity with the defendant whatsoever. Of them P.W. 4, aged about 79 years, is a retired Secretary of Rajshahi District Board, claiming to be acquainted with late Amir Ali, having occasi..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....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 ...... 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......harlal and another, 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 Ja..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....ed: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Mr. Md. Aftab Hossain, Advocate-on-Record— For the Appellants. M. H. Khondker, Senior Advocate (A. J. Mohammad Ali, Advocate with him) instructed by Mr. Sharifuddin Chaklader, Advocate-on-Record—For...... SC 1742; Radha Krishna Jogani vs. Dwarka Das Agarawalla, (1984)36253 (AD). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Mr. Md. Aftab Hossain, Advocate-on-Record— For the Appellants. M. H. Khondker, Senior Advocate (A. J. Mohamma......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...... not a mere irregularity 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 Ju..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
.... 3. Defendant No.1, (respondent No. 1) son of Kala Miah, contested the suit denying the appellant's title altogether and setting up a rival claim of title himself on the basis of purchase from one Mohammadullah. He contended that the original owner, Gagan Ali, did not sell the premises to the a......te, page 384 L.R. 6 Chi; J. M. Singh v. Baldeo Singh. 49 I. A. 299; Currimbhoy & Co. vs. Greet, AIR 1933 (PC) 29; Abdus Satter vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record- For the Appellant. ......7......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....olved: B. Hossain, Advocate-on-Record—For the Appellant. M. A. Rouf, Advocate (N. K. Saha, Advocate with him) instructed by M. Nowab Ali, Advocate- on-Record—For the Respondent Nos. 1. Mohammad Ayub, Advocate on Record —For the Respondent Nos. 2—4. Ex-parte-For the Respondent N......lot through lease from the government, the suit plot covering a large area besides the parties claim. Cases Referred to- M.H. Khanddkar Vs. Bangladesh 30 DLR (S.C) 1. Lawyers Involved: B. Hossain, Advocate-on-Record—For the Appellant. M. A. Rouf, Advocate (N. K. Saha, Advocate with ......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 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....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. ......l 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; Gould Vs. Minister of National Insurance, All E. R. 1951 Vol. (1) p. 368. A......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. ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... 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. ......n fails to discharge that burden, the accused is entitled to acquittal, even if the defence fails to establish its version. Lawyers Involved: Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. B. Hossain, Advocate-on-Record—For the Responde......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. ..Category: Criminal Law | Date: | Hits: 60
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....s directed to be sold in auction for realisation of some government dues. On 12-3-1964 a public auction was held for the purpose and three brothers namely, Abdul Ghani Akhan, Korban Ali Akhan and Nur Mohammad Akhan purchased it by offering the highest bid. To represent them in the biddings, they had......ved: Serajul Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For Appellant (in Criminal Appeal No. 25 of 1985). Mahbubey Alam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant (in Criminal Appeal No. 54 of 1985). B. Hossain, ......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...Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......AIR 1940 Cal. 232; Ma Si. Muthuveeran Chettiar Vs Mottayan Chettiar, AIR 1942 Mad 283; Raghubir Singh vs. Emperor, AIR 1931 Oudh 81. Lawyers Involved: K Z Alam, Advocate instructed by Md. Aftab Hossain. Advocate-on-Record—For the Appellants. Syed Sakhawat Ali, Advocate-on-Record— For th......Court Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Delwar Ali Khan & another……………………....Appellants Vs. Sajedul Haque……………………………………….Respondent Judgment July 9, ......ions of the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972), the Press became an abandoned property. Appellant Nos. 1 and 2 are the Chairman and Secretary respectively of the Shafiq Press Karmachari O-Sramik Bahumukhi Samabay Samity Ltd. This Co..Category: Criminal Law | Date: | Hits: 59