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Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
.... Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricultural Development Corporation................................Appellant ...... Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricultural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Resp...... expire before filing of the case, the suit must fail. Lawyers Involved: A. Hasib, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. Abdul Jalil, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......nim CJ Badrul Haider Chowdhury J Sahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdus Salam Master alias Salam and another…………...........Appellants Vs. The State..............................Respondent Judgment May 23, 1983. Result: ...... amendments made in the Code of Criminal Procedure………………..(12) Cases Referred to- Pramatha Nath v Saroj Ranjan, AIR 1962 SC, 876; Falak Sher and others vs. State, 19 DLR (SC) 426; Abdul Hossain Sana v. Swalal Agarwala, 14 DLR SC 96; Queen Empress v. Dolegobind Das, 28 ILR Cal. 22...... 1958, SC 97; Vadilal Panchal V. Dattairaya Dulaji, AIR 1960 SC 1113; Pramatha Nath v. Saroj Ranjan, AIR 1962 SC 876. Lawyers Involved: T. H. Khan, Senior Advocate (Jamiruddin Sircar and M.A. Wahab Miah, Advocates with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the App..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Badruddin Khan…………....................Appellant Vs. Bangladesh & another…………...........…....Respondents ......Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Badruddin Khan…………....................Appellant Vs. Bangladesh & another…………...........…....Respond......same time it cannot be denied that in normal circumstances he would know about the contract and payment of consideration, as he was in confidence of both the parties from before." P.W. 4 Abdul Halim also stoutly denied the defence suggestion that the Bainapatra was collusive and ante-d......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ...... Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Syed Md. Mohsen Ali J Md. Shahabul Huda...................................Appellant Vs. Md. Shafi………...........................Respondent ......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......during the pendency of such proceeding……………….(13) Lawyers Involved: T. H. Khan, Senior Advocate, (Alimuzzaman Chowdhury and M. A. Wahab Miah, Advocates with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For t..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Tofazzal Hossain Shaikh................................ Appellant Vs. Mir Md. Akand & ors……….........................Respondents Judgment Octobe......h Court Division by the complainant when the State does not prefer any appeal against the order of acquittal, even in "cases initiated on police report………………(10) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the App...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order 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) 38. ......howdhury J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Syed Md. Mohsen Ali J Abdul Karim Meah..................................Appellant Vs. Arch Bishop, Christian Missionaries and another.......................Respondents...... Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Syed Md. Mohsen Ali J Abdul Karim Meah..................................Appellant Vs. Arch Bishop, Chri......The impugned order 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) 38. ..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....dhury J S. Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Saleh Ahmed Joarder................................. Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. The Ap...... FKMA Munim CJ B H Chowdhury J S. Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Saleh Ahmed Joarder................................. Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment ...... Cases Referred to- Government of Bangladesh Vs Md. Ismail Hossain, 31 DLR (AD) 127; Mohammad Siraj Vs Pakistan, PLD 1967 Dacca 820; Mokhtar Ahmed Vs. Mohammad Hossain, PLD 1955 (Sind) 70; Abdul Majid Sk. Vs Mushafee Ahmed 17 DLR (SC) 63 = PLD 1965, SC. 208; Golam Sarwar Vs Pakistan, PLD......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." ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....872) L.R. 4 P.C. 419 A.I.R. 1951 Calcutta, A.I.R. 1965, (SC) at page 1433; Akamuddin Ahmed Vs. The State, 27 DLR (AD) 175(177); Abdul Quader Chowdhury Vs The State, 28 DLR (AD) page 39; Government of Bangladesh Vs A.T. Mrida. 26 D.L.R.(SC) 17; Abdul Quader Chowdhury V. The State, 28 DLR (AD) 39.&nbs......howdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nasiruddin Mahmud & others........................ Appellants Vs. Momtazuddin Ahmed & another...................... Respondents Judgment&nbs......und that the prosecution under section 420 of the Penal Code cannot be maintained, the question that calls for determination is whether the instant proceedings is liable to be quashed. In the case of Abdul Quader Chowdhury Vs. the State, 28 DLR (AD) 39, the Appellate Division of the Supreme Court du......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. ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....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. ...... Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant Vs. Goleda Begum and others………..............................Res......im CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant ......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. ..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....t 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. Sangbad Daily Paper ......J Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad Daily Paper and others................….Respondents Judgment ......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. ..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... 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. ......J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Ashwini Kumar Karmaker being dead his heirs: Sree Radha Raman Karmaker & others………………………Appellants Vs. Hari Mohan Shil & others………………………Respondents (In Civil Appeal No.103 of...... Masem Ali Biswas, 6 DLR 589; Singhuram Panja Vs Ambica Charan Shantra, 45 CWN, 658; Md. Swaleh V. Messers. United Grain and Fodaer Agencies 16 DLR (SC) 155. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record- For the Appellants (In Civil Appeal No.103 of 1982). Asrarul Hos...... 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. ..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... 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. ......e Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Quddus ...............................Appellant Vs. The State.........................................Respondent Judgment June ......il petition are dismissed. Ed. ...... 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. ..Category: Criminal Law | Date: | Hits: 58
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....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. ......esent: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chand (Md) Miah Sawdagar, being dead his heirs: Firoza Begum and others .........Appellants Vs. SMA Rahman .................................................Respondent Judgment ......il Revision No. 619 of 1984 discharged the Rule by his judgment and order dated 10.7.85. 3. The suit premises is a pucca one-storied building at Municipal holding No. 62, Hajee Abdul Majid Lane, PS Sutrapur, District Dhaka consisting of four rooms. The defendant-respondent is......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. ..Category: Property Law | Date: | Hits: 26
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....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. ......vision (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jatin Chandra Sit and others............Accused-Appellants Vs. The State.....................Respondent Judgment January 2, 1991. ......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. ......ers............Accused-Appellants Vs. The State.....................Respondent Judgment January 2, 1991. Lawyers Involved: Khan Saifur Rahman, Advocate (MA Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appe..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....dismissed with costs. Ed. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh and others ................................Appellants (In all the appeals) Vs. KM Shafi Ltd. .......................................Respondents (In all the appeals) ......ts (In all the appeals) Vs. KM Shafi Ltd. .......................................Respondents (In all the appeals) Judgment August 1, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General (AY Salehuzzaman, Deputy Attorney‑General wi...... 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. ..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....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. ......Supreme Court Appellate 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 2................................. 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 Nowab Ali, Advocate-on-Record-For Respondent No. 1. Ex-par......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. ..Category: Property Law | Date: | Hits: 31
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....issed with costs. Ed. ......l J Mustafa Kamal J Latifur 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 Motijhe......Mustafa Kamal J Latifur 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&#......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. ..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....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. ...... Division (Civil) Present: NIH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Safia Khatun and others......................Appellants. Vs. Amena Khatun being dead her heirs: Ankurornessa alias Tahurunnessa and others................. authorises him to make binding admissions before the Court in the course of his conduct of the case. 13. The Privy Council, however, holds in the case of Shewnandan Prasad Singh Vs. Hakim Abdul Fatah Mahammad Reza, AIR 1935 (PC) 119 (121) a contrary view as follows: "Th......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. ..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....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. ...... Appellate Division (Criminal) Present: MHR Rahman J Mustafa Kamal J Latifur Rahman J State………………..Appellant Vs. Shafique and others…........... Respondents Khokan and another........Acc......n for Leave to Appeal No. 30 of 1996. 8. Leave was granted primarily to consider whether, the High Court Division was justified in acquitting the respondents in view of the evidence of PW 10 Abdul Mannan who deposed that he saw a person being slaughtered in the house of acquitted accused ......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. ..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....sent: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991...... (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgme......f the plaint, that 14 annas 8 gondas and 2 karas and 2 1cranti share of the suit land belonged to one Ram Proshad Chakraborty and the remaining 1 anna 1 gonda 1 kara and 1 kranti share belonged to Abdul Wazid and 5 others in khas maliki right. From Khatian No. 675, filed by the plaintiffs and ma......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. ..Category: Property Law | Date: | Hits: 25
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