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Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)

....ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......rted in: ......dy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......Abdul Kader Chowdhury..............Petitioner Vs. Nurul Islam and Others.................Respondents Judgment August 7, 1990. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented - Respondent.  ..

Category: Civil Law | Date: | Hits: 105

Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)

.... Ed. ......Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong........................Defendant-Appellant Vs. Most. Sharifjan Bibi and others.......................Plaintiff –Respondents ......he appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ...... Referred to- ALN Satnappa Chetti & ors Vs. Thayyanyaki Ammal, AIR 1942 Mad. 698; Anukul Chandra Chakravarti Chairman, Dhaka Dist. Board, AIR 1928 Cal 485. Lawyers Involved: Md. Mozammel Huq, Senior Advocate instructed by Md. Aftab Hossain, Advocate-Record-For the Appellan..

Category: Civil Law | Date: | Hits: 99

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. ......preme Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Nurul Islam and others......... Accused-Appellants Vs. The State................................Respondent Judgment August 16, 1990. Resu......lowed 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)

....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) ...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur...........Appellants Vs. Md. Sanaullah........................................Respondent Judgment June 13, 1988......ed in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......il) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur...........Appellants Vs. Md. Sanaullah........................................Respondent Judgment June 13, 1988. Ci..

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 ......rt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kashem Ali.……………………………..Appellant Vs. The State & ors.................Respondents Judgment August 11, 1988. Criminal Appe...... In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......re ignoring of certain side-aspects arising out of a piece of evidence. ……….(10) Cases Referred to- Abdur Rashid Khondoker Vs. Chandu Master & ors, 16 DLR (SC) 605. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Abul Quasem, Advocate-on-Record— For the Appellan..

Category: Criminal Law | Date: | Hits: 53

Haruni Fisherman Co­operative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)

....of the year 1391 B.S. The order was communicated to the appellant Socie­ty 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...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Haruni Fisherman Co­operative Society...............Appellant Vs. Md. Ebadut Ali & ors......................................Respondents Judgment April 2......der as to costs.   Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......l) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Haruni Fisherman Co­operative Society...............Appellant Vs. Md. Ebadut Ali & ors......................................Respondents Judgment April 20, 1986..

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)

....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......to act as a licensee for the unexpired period of the licence that will ex­pire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......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 ex­pire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..

Category: Others | Date: | Hits: 103

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

....of 1959-60 and by suppression of notices and sale proclamation managed to pur­chase 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. Miscel­laneous Ca...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Alauddin Sarder and another. .....................Appellants Vs. Surendra Nath Falia and Others.............Respondents Judgment November 23, 1986. ......ial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ...... and void. Though, however, the learned Judge did not set aside the auc­tion sale. 7. Defendant-appellants moved this Court and obtained special leave to appeal on the following terms: "Mr. Md. Nurul Huq, learned Advocate- on-Record has urged that the High Court Division erred in holding..

Category: Property Law | Date: | Hits: 35

Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)

.... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......R (AD) (1988) 256 ......he provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......e dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..

Category: Criminal Law | Date: | Hits: 50

Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)

.... 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ...... DLR (AD) (1988) 246. ......iry 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. ......d Bhuiyan, Addi­tional Attorney-General, B. Hossain, Assistant Attorney-General with him, instructed by M.R. Khan, Advocate-on-Record- For the Appellant. SK Afzalur Rahman, Advocate indtructed by Md. Aftah Hossain, Advocate-on-Record- For the Respondent Nos. 1 & 3. Respondent No. 11- Died..

Category: Criminal Law | Date: | Hits: 75

Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)

.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......l the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ..

Category: Criminal Law | Date: | Hits: 56

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 ......Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Taleb Ali & ors..................Appellants Vs. The State………………………...Respondents Judgment April 20, 1988. Crimina......e. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......d recognise accused Nazrul and Manik only. She said in her evi­dence that two unknown accused who were armed fired two rounds upon her father which pierced through his right chest and abdomen. 5. Md. Wazed Ali (P.W.1) son of the deceased was in the field at that time near the pump machine interv..

Category: Criminal Law | Date: | Hits: 32

Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)

.........Appellant Vs. Bhayetullah & anothers.... ..............Respondents Judgment November 11, 1986. C.A. 129 of 1983 The Bengal Tenancy Act, 1885 (VIII of 1885), section 26F The Bangladesh Land Holding Limitation Order, 1972 (P.O. No. 98 of 1972), Article 3 The State Acquisi......ate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J & A.T.M Afzal J Azizur Rahman..........................Appellant Vs. Bhayetullah & anothers.... ..............Respondents Judgment November 11, 1986. C.......any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......In view of the discussion above, the appeal is found to be without substance and accordingly dis­missed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ..

Category: Procedural Law | Date: | Hits: 92

M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

....esent: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J M. A. Hai Md. Wazed Ali Miah & Md. Moslem.................Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) Judgment August 18, 198......te Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J M. A. Hai Md. Wazed Ali Miah & Md. Moslem.................Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) ...... This Case is also Reported in: 40 DLR (AD) (1988) 206. ......he High Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J M. A. Hai Md. Wazed Ali Miah & Md. Moslem.................Appellants Vs. Trading Corporation of Bang..

Category: Employment/Service Law | Date: | Hits: 112

The Province of East Paki­stan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....in : 40 DLR (AD) (1988) 202. ......e Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J The Province of East Paki­stan (Now Bangladesh)............Appellant Vs. Shamser Ali Khan & others... ..................................Respondents Judgment ...... no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......of which this appeal has arisen stands abated with ef­fect from 11th September 1982. There will, howev­er, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..

Category: Property Law | Date: | Hits: 63

Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)

....t vs. Abdur Rahman Munshi and others ............Respondent. Judgment March 17, 1986. The Code of Criminal procedure (V of 1898), sections 439(4) and 439A(2) The Constitution of Bangladesh, 1972 (as amended), Article 102 No second revision lies in view of the law in Sections ......r remedy e.g. by instituting a suit in the competent court, the writ petition was inappropriate. The appeal is dismissed……………..(6,7 & 13) Cases Referred to- Shahjahan Sheikh and others Vs. The Sessions Judge, Pirojpur (Criminal Appeal Nos. 48 and 49 of 1985) 38 DLR (AD) 246, Malkarjun...... No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ...... AIR 1923 (P.C.) 128. Lawyers Involved: Golam Rabbani, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record.- For the Pe­titioner. Mozzammal Huq, Bhuiyan, Advocate instructed by Md. Aftab Hossain, Advocatc-on-Record. -- For Respondents No. 1-50. Not Represented. - For Respon..

Category: Constitutional Law | Date: | Hits: 174

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

.... Case is also Reported in: 40 DLR (AD) (1988) 189 ......late Division (Civil) Present: F. K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 2....... There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..

Category: Property Law | Date: | Hits: 47

Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)

....hatun & others..................Appellants Vs. Nur Ahmed Majumder & others..................Respondents Judgment July 1, 1987. Result: The appeal is allowed. The Constitution of Bangladesh, 1972. Articles 103(3) & 104. The lower appellate court and the learned Judge of the Hi......resent: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M Afzal J. Nur Ahmed Majumder, be­ing dead his heirs: Hafiza Khatun & others..................Appellants Vs. Nur Ahmed Majumder & others..................Respondents Judgment July 1, 1987. Res......t aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......operly reversed…….(13) Lawyers Involved: M.H. Khondker, Senior Advocate, (AJ Mahammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellants. Md. Nurul Haq, Advocate-on-Record - For the Respondents No. 1 and 2. Ex Parte- Respondent Nos. 3-..

Category: Property Law | Date: | Hits: 43

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....the local Awami League, has been involved in political and social works for a long time, was elected member of the Provincial Assembly in 1970 and of the Constit­uent Assembly after the emergence of Bangladesh, For his personal safety he needed a firearm and ob­tained a license for a revolver from......vision (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Sk. Ali Ahmed.....................................................Appellant Vs. The Secretary Ministry of Home Affairs, Govt. of the People's Republic of Ban­gladesh and ot......ct. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal ef­fect. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ..

Category: Criminal Law | Date: | Hits: 88

Moulana Mokhter Ah­med Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)

....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M.H.Rah­man J A.T.M. Afzal J Moulana Mokhter Ah­med...........................................Appellant Vs. Mohammadul Mokhter Usmani & others.........................Respondents Judgment March ......y, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..

Category: Election Law | Date: | Hits: 106