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Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)

....…………(9,11,12) Cases Referred to- 59 C.W.N. 1082; 11 DLR (PC) 143; 9 DLR 601; 13 DLR 101; 11 DLR (PC) 143. Lawyers Involved: Siddique Ahmed Chowdhury, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. T. H. Khan, Senior Advocate, (M. A. Wa......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......d. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......re deciding the question of limitation. The applications being clearly time-barred, the courts were not obliged to consider the case on merit whether there were irregularities in conducting the sales and the holdings were sold at a low price. The appeal is dismissed…………………(9,11,12) C..

Category: Property Law | Date: | Hits: 24

Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)

....ri Gur Narayan and Ors. Vs. Sheo Lai Singh and ors. 23 C.W.N. 521 (P.C) =461.A. 1. Lawyers Involved: Syed Ishtiaque Ahmed, Senior Advocate, (Rokonuddin Mahamud, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. M. H. Khander, Senior Advocate, AJ. Maha......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272...... Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......nt: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kutubuddin Ahmed..................................Appellant Vs Hasna Banu and anr.............................Respondents Judgment June 17, 1986. Civil Appeal No. 27..

Category: Tenancy Law | Date: | Hits: 106

Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)

....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......o interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......nwaruddin Ahmed & ors.........Respondents Judgment July 4, 1988 Civil Petition For Special Leave to Appeal No. 102 of 1988 The Union Parishads (Election) Rules, 1983, Rule 70 Practice and Procedure A suit and the writ petition on same subject matter filed on the same day before the..

Category: Election Law | Date: | Hits: 126

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

....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......i ever arises requiring 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 ....... This Case is also Reported in: 40 DLR (AD) (1988) 266 ...... conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the appellants during hearing of the matter before the Minister in spite of clear kno..

Category: Property Law | Date: | Hits: 34

Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)

....hibited and the evidence adduced sufficiently proves the case of the respondent. Hence the appeal is dismissed……………..(10) Lawyers Involved: S M. Hussain, Senior Advocate, instructed by Md. Aftab Hussain, Advocate-on-Record - For the Appellants. Khondker Mahbubuddin Ahmed, Senior ...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......d. This Case is also Reported in: 40 DLR (AD) (1988) 264 ...........................Appellants Vs. Afizuddin Sheikh & ors..................................Respondents Judgment January 27, 1986. Civil Appeal No. 82 of 1984 The State Acquisition and Tenancy Act (XXVIII of 1951), Section 96 Un-exhibited documents considered by the High Court D..

Category: Property Law | Date: | Hits: 29

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 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 ......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 ......his Case is also Reported in: 40 DLR (AD) (1988) 262 ...... DLR (AD) (1988) 262 ..

Category: Others | Date: | Hits: 103

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

.... 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......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 ....... This Case is also Reported in: 40 DLR (AD) (1988) 257 ...... (1988) 257 ..

Category: Property Law | Date: | Hits: 35

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

....e dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ...... 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 ...... Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......me Court Appellate Division (Criminal) Present: Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Nurul Huda…………………………..Appellant Vs. Bhashanu Sardar and ors..........Respondents Judgment May 8, 1988. Criminal Appeal No. 30 of 1983 The Co..

Category: Criminal Law | Date: | Hits: 50

Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)

....ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......l Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. M. Afzal J Tahmina Khatun alias Tahmina Khanam, Defendant No. 4..................Petitioner Vs. Begum Nurun Nahar and ors.............................Respondents Judgment April 1, 1987. Civil Petition for..

Category: Property Law | Date: | Hits: 32

Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)

.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ...... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......of the fruits of the decree obtained by him. The appeal is dismissed………………..(13) Cases Referred to- AIR 1955 All. 64; AIR 1972 (Allahabad) 418. Lawyers Involved: Khan Saifur Rahman, Advocate,(M. A. Wahhab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocat......rder XXXIX, rule 1 No injunction can be granted to a person against: whom a decree has been passed under section 9 of the Specific Relief Act restraining the decree-holder from executing the decree and if an injunction is granted purpose of the suit under section 9 will be frustrated. No injunctio..

Category: Tenancy Law | Date: | Hits: 114

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

....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......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. ......aint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......t Vs. Yakub Sardar & others..............Respondents Judgment May 9, 1988. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 436, 439 and 439A That the police have submitted charge-sheet cannot be a ground for dismissing the compla..

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 ......aid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......��………………Respondent Judgment March 15, 1988. Criminal Appeal No. 18 of 1987 The Code of Criminla Procedure, 1898 (V of 1898), section 497 Bail to an examinee In the facts and circumstances of the case particularly having regard to the good academic background and future ..

Category: Criminal Law | Date: | Hits: 56

Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)

....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......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 ...... dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......peal No. 6 of 1986 The Evidence Act, 1872 (I of 1872), section 137 If the defence wanted to show that such a statement was not made before the Investigating Officer it must be put to the witness and the Investigating Officer in actually the same terms in which it is recorded in the examination-..

Category: Criminal Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

....dvocate, instructed by Syed Sakhawat Ali,-Advocate-on-Record-For Respondent No. 1(State) A. W. Bhuiyan, Additional Attorney General, (B.Hossain, Assistant Attorney General with him), instructed by Md. Sajjadul Huq-Advocate-on-Record. Ex-parte-Respondent No. 2. Criminal Appeal No. 4 of 1987.......ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ...... Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ...... The state & anr…...................Respondents Judgment April 10, 1988. Criminal Appeal No. 4 of 1987 The Code of Criminal Procedure, 1898 (V of 1898), sections 193 (1) (c), 476, 561A and 195(1) (c) If the language of the statute is capable of two or more constructions or if the li..

Category: Criminal Law | Date: | Hits: 63

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

....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 ......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 ...... This Case is also Reported in : 40 DLR (AD) (1988) 224 ......nt 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 Acquisition and Ten..

Category: Procedural Law | Date: | Hits: 92

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

....62(S.C) 3020., Muhammad Khurshid V. State P.L.D. 1963(S.C) 157, State V. Lalu Mia and another Criminal Appeal No. 16 of 1985. Lawyers Involved: Mozammel Huque Bhuiyan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record, —For the Appellants (In both the cases). Bakhtiar Hossai......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......his Case is also Reported in : 40 DLR (AD) (1988) 216 ......ry J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir..................................Appellant Vs. The State.............

Category: Criminal Law | Date: | Hits: 61

Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)

.... Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Charandwip Bhumihin Krishi Samabaya Samity Ltd. represented by the Chairman, Md. Abdus Samad..........................Appellant Vs. The Deputy Commissioner, Cox's Bazar ......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......d. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......n : 40 DLR (AD) (1988) 213 ..

Category: Property Law | Date: | Hits: 45

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

....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......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......ed in: 40 DLR (AD) (1988) 206. ...... Moslem.................Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) Judgment August 18, 1987. Result: Appeals No. 10 and 11 of 1987 are dismissed with observations. Appeal No. 12 of 1987 is allowed. The Constitut..

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

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

....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. ......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. ......70.) Judgment Fazle Munim CJ.- This appeal arises from a judgment of the High Court Division, Dhaka passed in First Appeal No.22 of 1970 (Mr. Justice Abdul Wadud Chowdhury and Mr. Justice MH Rahman) on 3rd May 1983. 2. Plaintiff-respondents filed a suit being Other Class Suit No.1 of 196......hers... ..................................Respondents Judgment July 24, 1985. Result: The appeal is allowed. The Attia Forest (Protection) Ordinance, 1982 (XXXIII of 1982), sections 3 and 4(2) The section did not provide anything about the suits already disposed of and even then i..

Category: Property Law | Date: | Hits: 63

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

.... 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......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ...... This Case is also Reported in: 40 DLR (AD) (1988) 196 ......im CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Haji Golam Hossain…………………………………….Appellant vs. Abdur Rahman Munshi and others ............Respondent. Judgment March 17, 1986. The Code of Criminal procedure..

Category: Constitutional Law | Date: | Hits: 174

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