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Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)

....(1990) 48 ......a 2,500/- towards the respondent's legal expenses…………………(5) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Appellant. Abu Backkar, Advocate-on-Record.—For the Resp......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..

Category: Property Law | Date: | Hits: 38

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

....S.C. 1775; Sheo Swarup and others vs. King Emperor AIR 1934 Privy Council 227; Safdar Ali V. Crown 5 DLR 107; Taleb v. State, 19 DLR (SC) 134; Abdur Rashid V. State, 14 DLR SC 263; Ghulam Mohammad v. Md. Sharif and the State, 21 DLR SC 206; Abdur Rashid Khondkar v. Chandu Master and others, 16 DLR (...... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ....... Moreover evidence of eye-witness have been corroborated by a disinterested witness. So such evidence of eyewitnesses cannot be discarded………………..(47 & 54) Cases Referred to— Nazir Vs. State 14 DLR (SC) 159; Niaz Vs. State 12 DLR (SC) 289; Bhagwan Swarup Vs. State of Maharashtra, ..

Category: Criminal Law | Date: | Hits: 52

Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)

....R (AD) (1990) 30 ......ted stage is not sustainable and the conviction is upheld. Lawyers Involved: Md. Fazlul Karim, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on- Record—For the Appellant. B. Hossain, Deputy Attorney General, instructed by A.W. Malik, Advocate-on-Record—For the Re­sponden......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..

Category: Criminal Law | Date: | Hits: 41

Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)

....llahabad case 1919 Criminal Law Journal Vol. 20, P. 218, Moynes Vs. Cooper, 1956 Law Reports (Vol. 1) Queens Bench Division, page 439. Lawyer Involved: Jamiruddin Sircar, Advocate instructed by Md. Sajjadul Haque, Advocate-on-Record-For the Ap­pellant. B. Hossain, Deputy Attorney-General, ....... Cooper, 1956 Law Reports (Vol. 1) Queens Bench Division, page 439. Lawyer Involved: Jamiruddin Sircar, Advocate instructed by Md. Sajjadul Haque, Advocate-on-Record-For the Ap­pellant. B. Hossain, Deputy Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record- For the Respondent......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......ction 403 of the Penal Code and the sentence is reduced upto the period already undergone……..(5 & 13) Cases Referred to- Allahabad case 1919 Criminal Law Journal Vol. 20, P. 218, Moynes Vs. Cooper, 1956 Law Reports (Vol. 1) Queens Bench Division, page 439. Lawyer Involved: Jamiru..

Category: Criminal Law | Date: | Hits: 44

Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)

....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ..

Category: Criminal Law | Date: | Hits: 44

Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)

....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......o Reported in: 42 DLR (AD) (1990) 20. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..

Category: Property Law | Date: | Hits: 29

Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)

....orted in: 42 DLR (AD) (1990) 13. ...... to— Bhairulal Chunilal Vs. State of Bom­bay, AIR 1954 Bombay 116; Sukedeo Narayan V. Mahadevananda, AIR 1961 Patna 475; Farzand Ali Vs. Province of West Pakistan, PLD 1970 (SC) 98; Md. Mostafa Hossain Vs. Md. Faruque, 40 DLR (AD) 10; University of Mysore Vs. Govinda Rao, AIR 1965 (SC) 491; AI...... result, therefore, the appeal is al­lowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ...... disqualification alleged continued to render the appellant an usurper to the office to entitle him to file a writ petition…….........(15 & 16) Cases Referred to— Bhairulal Chunilal Vs. State of Bom­bay, AIR 1954 Bombay 116; Sukedeo Narayan V. Mahadevananda, AIR 1961 Patna 475; Fa..

Category: Election Law | Date: | Hits: 130

Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)

....ition filed by the state being dismissed upon hearing, there is no scope of hearing fresh leave petition at the instance of the informant. Lawyers Involved: M. A. Matin, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Azizur Rahman Chowdhury, Advocate instr......d by the state being dismissed upon hearing, there is no scope of hearing fresh leave petition at the instance of the informant. Lawyers Involved: M. A. Matin, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Azizur Rahman Chowdhury, Advocate instructed by M......r the petitioner was unaware of the leave petition filed by the Govern­ment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......r the petitioner was unaware of the leave petition filed by the Govern­ment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ..

Category: Criminal Law | Date: | Hits: 41

Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)

....e same parties out of same transaction are pending in two courts in different places suit filed later may be stayed till disposal of the earlier one…………..(3) Lawyers Involved: Abu Nasr Md. Gaziul Hoque, Advocate instructed by Md. Aftab Hossain, Ad­vocate-on-Record- For the Petitioner......in two courts in different places suit filed later may be stayed till disposal of the earlier one…………..(3) Lawyers Involved: Abu Nasr Md. Gaziul Hoque, Advocate instructed by Md. Aftab Hossain, Ad­vocate-on-Record- For the Petitioner. Asrarul Hossain, Senior Advocate instructed by......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..

Category: Procedural Law | Date: | Hits: 110

Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)

....claration. There is apprehension of delay in starting trial of the case for various reasons and on that ground the appellants are granted bail till trial commences. Lawyers Involved: Abu Nasar Md. Gaziul Hoque, Advocate, in­structed by Md. Ozair Farooq, Advocate-on-Record— For the Appellan......d the appellants are granted bail till trial commences. Lawyers Involved: Abu Nasar Md. Gaziul Hoque, Advocate, in­structed by Md. Ozair Farooq, Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-General instruct­ed by Syed Sakhawat Ali, Advocate-on-Record —For Res......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...

Category: Criminal Law | Date: | Hits: 63

Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)

....Shah Vs. The King Emperor AIR 1945 (PC) 118; Mamand and others Vs. The Emperor AIR 1946 (PC) 45; Mst. Hamida Bano Vs. Ashiq Hossain 15 DLR (SC) 65; AIR 1946 PC 45; AIR 1945 PC 118; AIR 1935 (SC) 216; Md. Abdur Rahim Mondal Vs. The State 29 DLR (SC) 246 (249); AIR 1946 PC 45; Samiruddin Ahmed Vs. Sta......R 1945 PC 118; Pandurang Vs. State of Hydera­bad AIR 1955 (SC) 216; Mahbub Shah Vs. The King Emperor AIR 1945 (PC) 118; Mamand and others Vs. The Emperor AIR 1946 (PC) 45; Mst. Hamida Bano Vs. Ashiq Hossain 15 DLR (SC) 65; AIR 1946 PC 45; AIR 1945 PC 118; AIR 1935 (SC) 216; Md. Abdur Rahim Mondal V......s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors............................Appellants Vs. The State.................................Respondents Judgment December 6, 1988. Re..

Category: Criminal Law | Date: | Hits: 105

Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)

....nvolved: M. H. Khondkar, Senior Advocate (A. J. Mohammad Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. Awlad Ali, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record— For Respondent No. 1. Ex-parte.—Respondent Nos. 2—24.......Mr. M.H. Khondkar, learned Counsel for the appellants, was prompt to pinpoint this omission and contended that the application for pre-emption was liable to dismissal for defect of parties. Mr. Awlad Hossain, learned Counsel for the respondents, in his attempt to defend the order of the learned Sing......t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..

Category: Property Law | Date: | Hits: 36

Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)

....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......(AD) (1979) 135. ..

Category: Criminal Law | Date: | Hits: 43

Managing Com­mittee N.M.C. Model High School & ors. Vs. Obaidur Rahman Chowdhury & others, 1978, 7 CLC (AD)

....ismissed. Cases Referred To- Charan Das Vs. Amir Khan, AIR 1921 PC 50; Keramat Ali Vs. Muhammad Younus Haji, PLD 1963 (SC) 191=15 DLR (SC) 120; Golam Hafez Meah Vs. Khadem Ali Meah 29 DLR 311; Md. Zahoor Ali Khan's case 11 MIA 468. Lawyers Involved: T.H. Khan, Senior Advocate, with Fo...... of the Courts below. The appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 133.......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 133.......33...

Category: Property Law | Date: | Hits: 36

Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)

....n (Civil) Present: Syed ABM Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossajn J Debesh Chandra Bhattarcharya J Government of Bangladesh………….Appellant Vs. Md. Ismail Hossain………….Respondent Judgment April 20, 1977. Cases Referred To- ......l) Present: Syed ABM Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossajn J Debesh Chandra Bhattarcharya J Government of Bangladesh………….Appellant Vs. Md. Ismail Hossain………….Respondent Judgment April 20, 1977. Cases Referred To- Chairman,......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127....... Division (Civil) Present: Syed ABM Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossajn J Debesh Chandra Bhattarcharya J Government of Bangladesh………….Appellant Vs. Md. Ismail Hossain………….Respondent Judgment April 20, 1977. Cases Referre..

Category: Employment/Service Law | Date: | Hits: 66

Unimarine S. A. Pa­nama Vs. Bangladesh, 1977, 6 CLC (AD)

....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......is Case is also Reported in: 31 DLR (AD) (1979) 112. ......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......ain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Unimarine S. A. Pa­nama through Local Agent Bengal Shipping Line Limited and another…………Appellants Vs. Bangladesh...........Respondent Judgment August 15, 1977. Cases Referred To- ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 217

Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)

....34, while the appellant and the said Khan Brothers were the recorded co-sharer tenants in the holding, the co-sharer Khan Brothers sold their share by a registered kabala dated 3.12.66 to a stranger, Md. Khalilur Rahman, Respondent No.4, for consideration of Taka 6,000.00. The appellant was served w......ional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... 31 DLR (AD) (1979) 123...

Category: Property Law | Date: | Hits: 33

Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)

....es Referred to- Muhammad Meherali Mondal Vs. Muhammad Karim Ali Sarkar (1965) 17 DLR 365; Abdur Rahman Vs. Baser Ali (1969) 21 DLR 99. Lawyers Involved: M.A. Rouf, Advocate, instructed by Md. Giasuddin Bhuiyan, Advocate-on-Record - For the Appellant. Not Represented – the Responden......arance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... 118. ..

Category: Property Law | Date: | Hits: 34

P.W.V. Rowe Vs. Chairman Lab­our Court, Chittagong, 1977, 6 CLC (AD)

....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the peti­tion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......issed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the peti­tion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......sion (Civil) Present: Syed ABM Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Battacharya J Fazle Munim J P.W.V. Rowe...............Petitioner Vs. Chairman Lab­our Court, Chittagong…………...Respondents Judgment January 14, 1..

Category: Labour and Industrial Law | Date: | Hits: 77

Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)

....1979) 109. ...... be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......R (AD) (1979) 109. ..

Category: Property Law | Date: | Hits: 32