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Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J and Latifur Rahman J. Farid Miah ......................................Appellant Vs. Kutubuddin, being dead, his heirs: Shanu Begum and others .................... Responde......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ...... MH Khandker, Senior Advocate, (AJ Mohammad Ali, Advocate, with him), instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent ..Category: Property Law | Date: | Hits: 80
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
....h Kumar Sadhu and another ..................Respondents Judgment May 9th, 1993. Cases Referred to- Abdul Awal Chowdhury Vs. Md. Waliullah 12 DLR 520; Md. Anwar Ali Vs. State & Nezamuddin 30 DLR 327. Lawyers Involved: MA Wahhab Miah, Advocate, instr......ellip;…Appellant Vs Shantosh Kumar Sadhu and another ..................Respondents Judgment May 9th, 1993. Cases Referred to- Abdul Awal Chowdhury Vs. Md. Waliullah 12 DLR 520; Md. Anwar Ali Vs. State & Nezamuddin 30 DLR 327. Lawyers ...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....ellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- Lajpat R......ourt Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ate Division (Civil) Shahabuddin Ahmed CJ ATM AfzaI J Mustafa Kamal J and Latifur Rahman J. Moni Begum and others......................Appellants Vs. Rajdhani Unnayan Kartripakha and others ...........................Respondents J......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......r to review an order made by the High Court in its writ jurisdiction will be available to it under the said section 114, if that section is otherwise applicable. 10. In the case of Khademul Islam Chowdhury Vs. Bangladesh, 33 DLR (AD) 111, a judgment passed on review by the High Court Divi..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......bsp; Badrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury and another...................Appellants Vs. Ali Hossain (Md) & ors...................Respondents Judgment Novembe......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......p; Ruhul Islam J Badrul Haider Chowdhury..Category: Civil Law | Date: | Hits: 134
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......maluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Raider Chowdhury J Shahabuddin Ahmed J. Suchitra Kumar Das .............................Appellant Vs. Sree Indu Bhushan Sarker...................Respondent Judgment January 12......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ...... This case is also reported in: 46 DLR (AD) (1994) 144 ..Category: Property Law | Date: | Hits: 70
Mahbub and others Vs. State, 1994, 23 CLC (AD)
.... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mahbub and others ................Accused-Petitioners Vs. State .................... Respondent Judgment March 10th, 1994. Lawyers Invo...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mahbub and others ................Accused-Petitioners Vs. State .................... Respondent Judgment March 10th, 1994. La...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ..Category: Criminal Law | Date: | Hits: 55
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......resent: Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J. Rekha Datta and others.........................Appellants Vs. Chittagong Urban Co-operative Bank Ltd ..................Respondent ...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
.... Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (SQ 1552 (1553); Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and othe......vision (Civil) Present: MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Post Office High School, represented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994.......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....t. 14. In the case of Khandaker Ehteshamuddin Ahmed Ca) Iqbal reported in 33 DLR (AD) 154 this court expressed agreement with the view taken by the Supreme Court of Pakistan in the case of State Vs. Zia-ur‑Rahman PLD 1973 (SC) 49 and Federation of Pakistan Vs. Saeed Ahmed PLD 1974 ......ry.....................Accused-Appellant [Criminal Appeal No. 4 of 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ...............thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
.... with regard to law of limitation. 10. I would rather refer to FA Khan Vs. Government of Pakistan 16 DLR (SC) 405. The question arose whether the starting point for the limitation for a suit by a State servant to challenge the legality of his order of removal from service should be the date of t......D) (1994) 113. ......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ...... ATM AfzaI J Mustafa Kamal J Latifur Rahman J. Zahirul Islam and Abul Kalam Azad ……………..petitioners (In CP Nos. 251, 318/93). Vs. National Bank Limited and others ....................Respondents (In both the petitions)......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J. Zahirul Islam and Abul Kalam Azad ……………..petitioners (In CP Nos. 251, 318..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....limala Vs. Abnaduta Jena, AIR 1988 (SC) 1520; Secretary, Irrigation Department V GC Roy, AIR 1992 (SC) 723; Jena's case (AIR, 1988); Jugal Kishore Sharma Vs. Vijayendra Sharma, AIR 1993, (SC) 864; State of Orissa Vs. Lalchand Kapani, AIR 1993, (SC) 2464 and State of Orissa Vs. BN Agarwalla, AIR ......Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ...........ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......ly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ...... of Sher Ali (Md) and other Vs. State, 23 CLC (AD) from our Database]. Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Mohammad Golam Rabbani J Mafizuddin and others.....................Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....esent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, Mymensingh and another….Respondents Ju......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, Mymensingh and another….Respondent......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ...... a passing reference to the Privy Council's decision reported in 1945 AIR PC 18, in order to see whether our earlier decisions were correct. 7. In the first case of the 45 DLR (AD) 9 Amirul Islam Vs. Mujibur Rahman the question was whether in spite of the bar to second revision the High C..Category: Criminal Law | Date: | Hits: 98
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......sion (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Kalu Mondal ..............Appellant Vs. Begum Fazilatun Nessa..............Respondent Naushad Ali .... Appellant V......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ...... This case is also reported in: 46 DLR (AD) (1994) 53 ..Category: Property Law | Date: | Hits: 79
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ...... Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Ramani Marak and another …………Appellants Vs. Jamini Marak and others................Respondents Judgment ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......e is also reported in: 46 DLR (AD) (1994) 51 ..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation represented by its Chairman and others............Appellants Vs. Mofizur Rahman and another………………..Respondents Judgment October 28, 1993....... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ...... Indian Appeals (1891-92) Vol. XIX page 203, Cairncross Vs. Lorimer (1860) 3 Macq 829; Ambu Nair Vs. kelu Nair MR 1933 PC Page 167 & Smith Vs. Baker 8 CP 350. Lawyers Involved: AKM Nazrul Islam, Advocate (MA Tariq, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Recor..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....nted by the Secretary, Ministry of Defence, Old High Court Building, Dhaka .................... Respondent Judgment November 23rd, 1993. Cases Referred to- Venkata Rao Vs. Secretary of State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (S......also Reported in: 46 DLR (AD) (1994) 43....... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......(SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 RLD (AD) 96. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Syed Amirul Islam & ABM Khairul Huq, Advocates with him), instructed by Mvi. Md. Wahidullah, Advocate-on-R..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ...... Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Shilpa Rin Sangstha ……………..Petitioner [In both the cases] Vs. Haque Brothers (Carbide) Ltd. …………..Respondent [In both the ......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......s (Carbide) Ltd. …………..Respondent [In both the cases] Judgment August 5, 1993. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Tofazzal Islam, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Petition..Category: Banking Law | Date: | Hits: 125
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