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Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....4) 48. ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Tabibur Rahman Mollah...................................Appellant Vs. Md. Sayedur Rahman &...... Judgment September 12, 1983. The Non-Agricultural Tenancy Act, 1949 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continuo..Category: Property Law | Date: | Hits: 39
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....." ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......lant. A.W. Bhuiyan, Additional Attorney-General, instructed by A.W. Mallik, Advocate-on-Record—For the respondents. Civil Appeal No. 83 of 1982. (From the Judgment and Order dated March 12, 1981 passed by the High Court Division in First Appeal No. 128 of 1973.) ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....sp; (Criminal) Present: FKMA Munir CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nasiruddin Mahmud & others........................ Appellants&nb......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled to a decision and adjudication of the dispute and such adjudication is to be performed in accordance with the laws..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....resent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Hakim............................................…&hell......any costs. 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: 36 DLR (AD) (1984) 5. ......ruddin Vs Elahi Baksha, AIR 1935 Cal. 644; Kartar Singh Vs Zorawar Singh, AIR 1 29 Lal 121; Bijoy Krishna Vs Mantazuddin (1969) 21 DLR 631. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellant. ......J Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant Vs. Goleda Begum and others………..............................Respondents Judgment ..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....me Court Appellant Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......dhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad Daily Paper and others................….Respondents Judgment June 29, 1983. The C..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....D (AD) 29. ...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... Vs. Hari Mohan Shil & others………………………Respondents (In Civil Appeal No.103 of 1982) & Sufi Golam Mahiuddin………………………Appellants Vs. Hafizur Rahman Munshi & others………………………Respondents (In Civil Appel No. 123 of 1982) ...... The State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908), section 115 (1) Jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litig..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....at he heard that a telephone call was made to the Police Station but he could not say as to who made the call. He also stated that soon after the occurrences there were 30/3 5 people including PW 7 Md. Riazuddin Miah, PW 8 Dr. Habibur Rahman and others. He denied the defence suggestion that in c...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......esser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... Ali Advocate-on-Record-For the Appellant. B Hossain, Advocate-on-Record - For the Respondent. Criminal Appeal No. 8 of 1991 with Jail Petition No. 1 of 1991. (From the Judgment and order dated 22.8.1990 passed by the High Court Division, Rangpur Session, in Death Reference No..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....in Ahmed 36 DLR (AD) 191. Lawyers Involved: Aminul Huq, Advocate, instructed by Sharif Uddin Chaklader, Advocate-on-Record-For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Appeal No. 86 of 1989. (From the ......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......e suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......ance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....oned plan for rebuilding the house, passed in 1978. The suit was filed in 1980. He stated that he needed the house for himself and his family members for residence. The plaintiff’s son PW It Md. Alamgir stated that he was doing business at Dhaka staying at the residence of his sister. They......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......e enforced through Court. Ed. ..Category: Property Law | Date: | Hits: 26
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....Khan Saifur Rahman, Advocate (MA Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Criminal Appeal No. 8 of 1989. ......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......ions Judge. Ed. ..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... Attorney‑General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants (In all the appeals). Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent (In all the appeals). Civil Appeal No...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......ith costs. Ed. ..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
..............Appellant. Vs. Mongla Barman and others .............................. Respondents Judgment November 21, 1990. Lawyers Involved: Jamiruddin Sircar, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellant. Abdul Hamid, Advocate, instructed by M No......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......d. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......llate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafizuddin Ahmed...............Appellant. Vs. Mongla Barman and others .............................. Respondents Judgment November 21, 1990. Lawyers I..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....urt. Ed. ......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......uit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Razzaq (Md) @ Md. Raja Miah..................... Appellant Vs. Ansar Ali and another............................................... Respondents Judgment April..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....tifur Rahman J Chairman, Bangladesh Council of Scientific & Industrial Research (BCSIR) Dhanmondi, Dhaka & other.................Appellants Vs. Abdul Khaleque, S/o late Md. Akram Hossain Talukdar, 26/6, Block-A, Khilgaon, PS Motijheel, Dhaka‑ 12.......................its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......e‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......afiqur Rahman, Senior Advocate, (Matiur Rahman, Advocate with him), instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 92 of 1990, (From the judgment and order dated 11 th June, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 52 o..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....g dead her heirs: Ankurornessa alias Tahurunnessa and others..............Respondents Judgment December 17, 1990. Lawyers Involved: M Shahed Alam, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants. ANM Gaziul Huq, Advocate instructe......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ...... was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ...... without costs. Ed. ..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....cted by AW Mallik, Advocate-on-Record-For the Appellant (In Criminal Appeal No. 9 of 1987). AB Majumder, Advocate-on-Record-For the Petitioners (In Criminal Petition No. 30 of 1986). Md. Fazlul Karim, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respond......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ...... (Criminal) Present: MHR Rahman J Mustafa Kamal J Latifur Rahman J State………………..Appellant Vs. Shafique and others…........... Respondents Khokan and another........Accused-Petitioners ..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991. Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney-Gene......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ...... opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ...... appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....ropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......he Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....am was a naughty boy and that he used to go out by taking money from his house. He also denied the defence suggestion that the accused persons were at Jessore at the time of occurrence. 54. PW 2 Md. Salim, a student of Class VIII of Bhanga High School testified that on the day of occurrence whe...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......hasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State………....................Appellant Vs. Khasru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment November 8, 1990. Result: The ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
.... Lawyers Involved: SR Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record–For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Respondents. Civil Appeal No. 67 of 1986. ......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......t Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Modern Shipping Agencies………..........Plaintiff-Appellant Vs. Central Inland Water Transport Corporation Limited and another......... Defendant-Respondents Judg..Category: Procedural Law | Date: | Hits: 104