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Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)

....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......both the appeals) Judgment February 19, 1985. Cases Referred to- PLD 1967 S C. 317, 19DLRS.C. 439 Rajpati Vs. Bashan AIR 1981 (S.C.) 18 Botany vs. Noni Desai AIR 1968 (S.C.) 1444 Attorney General Vs Sillen (1864) 10 H.L.C. 704 Molik Manzoor Elahi vs. Lala Bishamber Das, 16 DLR (SC) 246. ......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..

Category: Criminal Law | Date: | Hits: 42

Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)

.... 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 ...... 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 Hossain, Advocate-on-Record— For the Res­pondent. Criminal Appeal No. 13 of 1985. ...... 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 ...... 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)

....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ....... C. Supreme Court. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record —For the Appellants (In both cases). K.A. Bakr. Attorney-General, (A.W. Bhuiyan, Additional Attorney-General with him) instruc­ted by B. Hossain, Advocate o......(Rev.) Tangail. The Sub-Divisional Officer, Tangail, the Circle Officer (Revenue), Nagarpur, Tangail. The Officer-in-Chairman, Nagarpur, P S. Nagarpur. The Cha­irman, Salimabad Union Parishad, Union Police nation Nagarpur, District Tangail....Opposite parties. ORDER The present petition has b......n (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 1983)...

Category: Property Law | Date: | Hits: 202

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 ......kwal vs. State of U.P., AIR 1984 SC 1374. Lawyers Involved: S R. Pal, Senior Advocate instructed 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......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 ...... regarding these matters. This led to all kinds of pressure upon him by the appellant. On 24th January 1984, District and Sessions Judge, Rangpur forwarded the complain to Registrar, Supreme Court of Bangladesh for placing the matter before a Bench of the High Court Division, Rangpur. The Bench at R..

Category: Criminal Law | Date: | Hits: 49

AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)

.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) Section 29(4) The General Clauses Act, 1896, “District Judge” Interpretation of Statutes District Judge...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......others...........................Respondents Judgment July 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) ..

Category: Election Law | Date: | Hits: 154

Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)

.... about Amir Ali's family and his wives. P.W. 10 (80) was the Secretary of Saheb Bazar Mosque in Rajshahi town and thereafter its Imam and was a friend of Amir Ali and P.W. 11 (70) is a retired Sub-Inspector of Police who was Officer-in-Charge of Rampur-Boalia Police Station in 1952/53 and had p...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......li's family and his wives. P.W. 10 (80) was the Secretary of Saheb Bazar Mosque in Rajshahi town and thereafter its Imam and was a friend of Amir Ali and P.W. 11 (70) is a retired Sub-Inspector of Police who was Officer-in-Charge of Rampur-Boalia Police Station in 1952/53 and had perso­nal kno...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..

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 ......hat there is a mistake in the decree of 1853, occasioned by an accidental omission and that mistake ought to have been corrected as a matter of course." Retort was taken to the provision of General Order of 1843 which provides that any clerical mistake in a decree or any error arising from......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 ..

Category: Property Law | Date: | Hits: 48

Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)

....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......s…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (X of 1897) Section 27 The learned Judges of the High Court Divisi......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)

....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......No.3. In a suit for dissolution of marriage filed at the instance of respondent No.3, her marriage with the appellant was dissolved in June 1982. In May 1984 respondent No. 3 returned with her son to Bangladesh sad went back to Saudi Arabia keeping the boy with her relations, namely, respondent No. ..

Category: Family Law | Date: | Hits: 152

Government of Bang­ladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)

....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 ......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 ......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 ......ent to others who are claiming possession in the suit plot 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 Appella..

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. ......gladesh, 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. AIR 1963, S.C. 1811 Dr. S. L. Agarwal Vs. The General Manager, Hindustan Steel Ltd, AIR I970 SC 1150, and Ranju Kumar Chatterjee Vs. Union of Indi......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. ......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. ...... 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. ......er was assaulted and she was sought to be abducted by Nurul Islam's party, whereupon a counter-case was also started. 4. The prosecution examined 9 witnesses including the Post Mortem doctor and 2 Police personnel and rendered 11 witnesses. No wit­ness was examined by the defence. On consi­dera...... 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

Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)

....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, how­ever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, how­ever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, how­ever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ...... Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..

Category: Banking Law | Date: | Hits: 121

Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)

.... 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....... 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.......rly section 4 which simply provides that the Special Judge shall have jurisdiction to take cognizance of any offence upon a complaint of facts constituting such offence or upon a report in writing by Police-officer. The learn­ed Single fudge is of the view that when this Special Judge has got power...... 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. ......d: K Z Alam, Advocate instructed by Md. Aftab Hossain. Advocate-on-Record—For the Appellants. Syed Sakhawat Ali, Advocate-on-Record— For the Respondent. A.W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Re­cord. —Amicus curiae. Criminal Appeal No 1......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. ......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. ..

Category: Criminal Law | Date: | Hits: 59

M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)

....dgment of the High Court Divi­sion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......litical pressure exten­ded by respondent No. 2 no legal relief could be obtained by him. However, on 13th January 1975 a formal legal notice was served on the Deputy Commissioner, Chittagong and the General Manager, Burmah Eastern Ltd. With the request to restore the filling station to the appellan......dgment of the High Court Divi­sion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ...... & Sons, dea­ler Burma Eastern Limited, Dhaka Trunk Road, Chittagong is as follows: "Dear Sir, Sub: Our filling station at Dhaka Trunk Road. In view of the fact that the Govern­ment of Bangladesh have declared you an enemy of the State and sealed all your properties, we are arranging ..

Category: Business or Commercial Law | Date: | Hits: 118

Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)

....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......ynal and others vs Md. Rustam Ali Mia and others, Bangladesh Case Reports 1984 AD 19. Lawyers Involved: Aminul Huq, Advocate-on-Record-For the Appellants. M. Moazzem Hassain, Deputy Attorney General, instructed by Zinnur Ahmed, Advocate-on- Record—For Respondent No.1 Md. Aftab Hassain,......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......Appeal on compromise and acquits the accused……..(5) Cases Referred to- Bhim Singh and others vs. State of U.P. A.I.R. 1974 (SC) 1744; Md. Joynal and others vs Md. Rustam Ali Mia and others, Bangladesh Case Reports 1984 AD 19. Lawyers Involved: Aminul Huq, Advocate-on-Record-For the A..

Category: Criminal Law | Date: | Hits: 53

Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)

.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..

Category: Company Law | Date: | Hits: 195

Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)

....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ...... passed by the High Court Division, Chittagong Bench, in Criminal Revision Case No. 203 of 1983. 2. Complainant is the appellant. On 19.10.79 complainant petitioner lodged an F.I.R. to Fatickchari Police Station, stating inter alia, that they have various litigations with the respondents and appr...... of quashment is set aside and the trial of Sessions Case no. 407 of 1982 is now to proceed. ………..(14) Cases Referred to- Abdul Quader Chow­dhury and other Vs. The State, 28 DLR (AD) 38; Bangladesh vs. Tan Kheng Hock 31 DLR (AD) 69; Abdus Salam Master alias Salam and another vs. The Sta..

Category: Criminal Law | Date: | Hits: 105

Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)

....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Go­vernment. So the appeals abated. In the circumstances these appeals abate. Ed. ......eal No. 17-D of 1970. Lawyers involved: M.H. Khondkar, Senior Advocate, instructed by S.S. Hoda, Advocate-on-Record For the appellants. Syed Ishtiaq Ahmed, Additional Attorney-General with Mahmudul Islam, Assistant Att­orney- General, instructed by A.W. Mallik, Advocate-......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Go­vernment. So the appeals abated. In the circumstances these appeals abate. Ed. ......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Go­vernment. So the appeals abated. In the circumstances these appeals abate. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 81