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Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)

.... Case is also Reported in: 40 DLR (AD) (1988) 69 ......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......l is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......40 DLR (AD) (1988) 69 ..

Category: Criminal Law | Date: | Hits: 46

Mozher Sawdagar Vs. M. Zahirul Alam, General Manager, BD Shipping Corporation & others, 1988, 17 CLC (AD)

....LD, 263 =37 DLR (AD) 117, R.D. Shetty vs. International Airport Authority, AIR 1979 (SC) 1628. Lawyers Involved: Rafiqul Huq, Senior Advocate, (M. Fazlul Haque, Advocate with him) instructed by Md. Aftab Hossain, Advocate on Record. - For the Appellant. S.R.Pal, Senior Advocate, (Roushan Al...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29. ...... Ed. This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mozher Sawdagar ................Appellant vs. M.Zahirul Alam, General Manager, Bangladesh Shipping Corporation and others…....Respondents Judgment August 24, 1987. Words and Phrases Inchoate right..

Category: Business or Commercial Law | Date: | Hits: 95

Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)

....¦â€¦..(14 & 15) Cases Referred to- Shahbaz vs. Crown P.L.D. 1956 (F.C.) 46, Lt. Col. G. L. Bhattacharya V. The State and 2 others P.L.D. 1964 (SC) 503, Himayatullah Farukhi P.L.D. 1969 (SC) 407, Md. Shoib vs. Govt. of Bangladesh 27 DLR 315, Md. Hemayetullah in 21 DLR (SC) 236 = PLD 1969 (SC) 40......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......rder as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………â..

Category: Property Law | Date: | Hits: 49

Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)

.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......der as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......t Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Senior Manager, M/s. Dosta Textile Mills Ltd., Ranirhat, Feni and others. .......Appellants Vs. Sudhansu Bikash Nath ...............................Respond..

Category: Labour and Industrial Law | Date: | Hits: 122

Jamal and others Vs. The State, 1987, 16 CLC (AD)

.... Musa Sarkar was alleged to be the prime mover, the main man among the accused. He hails from Char Kajla which is to the adjacent west of Char Khojapur wherefrom the main man of the complainant party Md. Sohrab (P.W.1) hails. Musa Sarkar, admittedly an influential person, has houses at two other pla......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ...... other accused appeared on the river bank and ordered the miscreants to take Jamshed and Mobarak to the other side of the river and to conceal their bodies after killing them. Jashim, Ajimuddin, Gazi Rahman and Akkas Ali (P.W. 6, 8-10) upon receiving information about the predicament of Jamshed and ......d. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..

Category: Criminal Law | Date: | Hits: 55

Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)

....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ...... Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ...... Reported in: 40 DLR (AD) (1988) 36 ..

Category: Tenancy Law | Date: | Hits: 95

Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)

.... Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......d in: 40 DLR (AD) (1988) 23. ..

Category: Property Law | Date: | Hits: 47

Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)

....tta AIR 1980 Cal. 184, Nitindra Nath Roy Chowdhury vs. Subhas Ch. Kar 85 CWN 915. Lawyers Involved: Khondker Mahbub Uddin Ahmad, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record- For the Appellants. Ex parte- The Respondents. Civil Ap......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......sed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ...... 40 DLR (AD) (1988) 20 ..

Category: Civil Law | Date: | Hits: 94

Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)

....ported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ...... Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Mostafa Hossain ............................Appellant Vs. Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result: The appeal is dismiss..

Category: Election Law | Date: | Hits: 132

The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)

....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ...... Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......ate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The State....................................Appellant Vs. Tayeb Ali and others…………………...Respondents Judgment March 31, 1987. Result: The conv..

Category: Criminal Law | Date: | Hits: 62

Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)

....his Case is also Reported in: 40 DLR (AD) (1988) 1......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......Vs. Mst. Asia Khatun Chowdhury..........Respondent Judgment March 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this c..

Category: Property Law | Date: | Hits: 52

Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)

....hellip;……Respondents Judgment  March 19, 1987. Lawyers Involved: T. H. Khan, Senior Advocate, (Abu Taher Chowdhury, Advocate, with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Syed Ishtiaq Ahmed, Senior Ad......nfortunate it may seem though that the decision in the case turned on two mar­ginal votes only. 18. The appeal is accordingly, dismis­sed without any order as to cost. Ed. ...... without any order as to cost. Ed. ......m) instructed by Sharfuddin Chaklader, Advocate-on-Record-For the Respondent No. 1. Ex-parte—Respondent Nos. 2-13. Civil Appeal No. 65 of 1986.  (From the judgment and order dated 25-8-86 passed by the High Court Division, Circuit Bench, Chittagong, in Civil Revi..

Category: Election Law | Date: | Hits: 110

Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)

....Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J    Md. Naimuddin Sardar…………………………...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......the first appellate court restored. Ed. ......f 1978.) Judgment:                   A.T.M. Afzal J.- This is a defendant's appeal following leave and arising out of judgment dated 2nd August 1983 passed by a Single Judge of the High Court Divisi..

Category: Property Law | Date: | Hits: 44

Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)

....;…Respondents Judgment September 2, 1985. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Ad­vocate, Mahbubey Alam, Advocate with him, ins­tructed by Md. Sajjadul Hoque, Advocate-on-Record—for the Appellants. Rafiqur Rahman, Senior Adv......d above, the appeal is allowed, judgment of the High Court Divi­sion is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......lved: Khondker Mahbubuddin Ahmed, Senior Ad­vocate, Mahbubey Alam, Advocate with him, ins­tructed by Md. Sajjadul Hoque, Advocate-on-Record—for the Appellants. Rafiqur Rahman, Senior Advocate instruc­ted by Serajur Rahman, Advocate-on-Record— For the Respon......uc­ted by Serajur Rahman, Advocate-on-Record— For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Appeal No. 36 of 1985. (From the Judgment and Order dated 21. 1. 85 passed by the High Court Division, Comilla in Civil Revision No. 114 of ..

Category: Property Law | Date: | Hits: 48

Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)

....H Rahman J. Order of the Court By a majority decision the appeal is dismis­sed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......H Rahman J. Order of the Court By a majority decision the appeal is dismis­sed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......Haider Chow­dhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment February 20, 1986. Result: The Appea..

Category: Procedural Law | Date: | Hits: 115

Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)

....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......p;…………………………………Respondents Judgment March 31, 1987. Cases Referred to- Altafur Rahman vs. Tamijur Rahman, 30 DLR (SC) 236. Erfan Ali vs. Joynal Abedin, 35 DLR (AD) 216. Sk. Ab&sh......Court Appellate Division (Civil) Present: Badrul Haider Chow­dhury J Shahabuddin Ahmed J M H Rah­man J A. T. M. Afzal J Sudhir Chandra Sil & anr…………………………&..

Category: Property Law | Date: | Hits: 50

Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)

....as and others…………Respondents Judgment June 10, 1987. Lawyers Involved: Syed Sakhawat Ali, Advocate-on-Record— For the Appellant. Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Abdul Malek, Senior......t below are set aside and that of the trial Court is rest­ored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......There will be no order as to costs. Ed. ...... A. T. M Afzal J Kalitara Biswas………………………………….Appellant. Vs. Mrinal Kanti Biswas and others…………Respondents Judgment June 10, 1987. L..

Category: Property Law | Date: | Hits: 32

Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)

....Appellant. Miah Abdul Gafur, Advocate-on-Record-For the Respondent No. 1. S.S. Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record—For the Respondent No. 2. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 3. Ex-parte-For the Respondent Nos. 4â......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ...... determined under the schedule. Ed. This Case is also Reported in: ......1963 SC 1561; State of Punjab vs. Sukdev Sarup Gupta, AIR 1970 SC 1641; Em­peror v. Rayangouda Lingangouda Patil (AIR (31) 1944 Bombay 259); Messrs. Kohinoor Mercantile Corporation vs. Hazera Khatun and another (14 DLR 47); 14 DLR 47= PLD 1963 Dhaka 238; AIR 1955 All, 353; (1941) 2 K.B. 89. Law..

Category: Procedural Law | Date: | Hits: 124

Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)

....c of Bangladesh, repre­sented by the Deputy Commissioner, Pabna…………………………………Appellant Vs. Md. Kobad Ali and others…. ……………………&h......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ...... accordance with law. No costs Ed. ......h, repre­sented by the Deputy Commissioner, Pabna…………………………………Appellant Vs. Md. Kobad Ali and others…. ………………………Responde..

Category: Procedural Law | Date: | Hits: 102

Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)

....M. H. Rahman J A.T. M. Afzal J. Amin Scales Limited and another……………………..Appellants (In both the appeals) Vs. Md. Yakub……………………………&he......her proce­eding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......wever any order as to costs. Ed. ...... Appellate Division (Civil) Present: Badrul Haider Chow­dhury J Shahabuddin Ahmed J M. H. Rahman J A.T. M. Afzal J. Amin Scales Limited and another……………………..Appellants (In both th..

Category: Business or Commercial Law | Date: | Hits: 76