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Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......kanta Sarkar 44 DLR 533; Nur Ahmed vs Kalimuddin Ahmed 1987 BCR (AD) 152; Chitta Ranjan Das alias Chitta Ranjan Sinha vs Shashi Mohan Das 56 DLR 276 and Abul Hossain (Md) vs State 55 DLR (AD) 125. Lawyers Involved: Subrata Saha, Advocate (appeared with the leave of the Court) instructed by Suf......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......ar Ali vs State 1998 BLD (AD) 43 = 3 BLC (AD) 53; Joygun Bibi vs State 12 DLR (SC) 156; Maqbool Hossain vs State 12 DLR (SC) 217 and Kashmira Singh vs State of Madhya Pradesh 1952 SCR (India) 526. Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Mia V. Wahab Ali, BCR 1982 AD 87; Jainullah and another Vs. Anu Miah and others, 9 DLR 258, Abdur Rahman V. Baser Ali, 21 DLR 599; Mr. Hossain, Mir Abdul Ali V. Md. Rafiqul Islam, 40 DLR (AD) 75. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120....... page 170; Australasia Bank Ltd. Vs. Messrs H.S. Mahmood Hassan Akbar and others PLD 1983 Karachi page 431; Thummala Rama Rao and others Vs. Chodagam Venkatesware Rao and others AIR 1963 A.P. 154. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate and Khondker Mahbubuddin Ahmed, Senior Advo......lt, therefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ...... the defendant tarnished the image of the cinema hall by supplying bad food to its customers and the plaintiff needed the tenanted premises for the benefit of the company…………..(8 & 11) Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior AdvoÂcate, instructed by Md. Aftab Hossain......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... person is disqualified for holding office of the Chairman………………..(15 & 17) Cases Referred to — 40 DLR (AD) 10; Sheikh Abdus Sabur Vs. ReturnÂing Officer, 41 DLR (AD) 30. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advoc......erefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..Category: Election Law | Date: | Hits: 124
Comilla Electric SupÂply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......tric Supply Corporation Ltd. V. CIT (West Bengal) (1951) XIX ITR, 406; LiquidaÂtors of Pursa Ltd. V. Commr. of Income Tax AIR 1954 SC 253; I. T. Comm. V. ExÂpress News Paper Ltd. AIR 1956 SC 33. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Recordâ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......t and that concludes the matter………………(15 & 16) Cases Referred to— Seth Manakchand, AIR 1944 Privy Council 46; AIR 1924 Madras 102; AIR 1931 Madras 650; AIR 1940 Madras 29. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-o......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Abdul Mannan TalukÂder Vs. BD House BuilÂding Finance CorporaÂtion and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......V. Minister of Pensions and NaÂtional Insurance, 1968 (1) All. E. R. 433 (439-440); Wilkinson Vs. BankÂing Corporation (1948) 1 K.B. 721 (224); Md. Mafizuddin Vs. AbÂdul Hakim, 33 DLR (AD) 305. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-o......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..Category: Labour and Industrial Law | Date: | Hits: 111
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... this convicÂtion cannot be sustained. In the result, the appeal is allowed. The orÂder of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......ing the order into evidence simply a statement in the charge sheet that some sort of sanction was received it can not be said that the alleged sanction order is valid and proper and it is enough. Lawyers Involved: Md. Joynal Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Reco...... this convicÂtion cannot be sustained. In the result, the appeal is allowed. The orÂder of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ..Category: Anti-Corruption Laws | Date: | Hits: 125
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......ion to dispose of the application of the respondent who missed the bus due to ……………….and it is well known delay not only defeats justice but in some cases it defeats rights also. Lawyers Involved: S.S. Haldar, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
.... simply rejecting the plaintiffs' representation. They then submitted a representation on 12.3.82 to the then PresiÂdent of Bangladesh. Subsequently they made a representation on 4.6.82 to the Chief Martial Law Administrator and submitted all relevant papers. They received a communication in Januar......IR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. GovÂernment of Bangladesh, 1984 BLD (AD) 283. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Adv......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......n when court of Settlement was not constituted High Court Division was not justified to decline jurisdiction after three years on the ground of alternative remedy……………………..(11-14) Lawyers Involved: H. R. Sharif, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ...... case is made out for injunction far less a question of mandatory injunction. The obligation referred to in this section means a legal obligation and not a moral obligation………………..(7) Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior AdvoÂcate (Mahbubey Alam, Advocate with him......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ...... takes preventive, remedial and curative measures. Prayer for injunction was rightly rejected……………….(16) Cases Referred to- AIR 1988 (SC) 2211; AIR 1987 (SC) 359; AIR 1988 IIP 4. Lawyers Involved: Dr. Kamal Hossain, Senior Counsel, instructed by Miah Abdul Gafur, Advocate-on-......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil ApÂpeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......C. 696; Ormond Investment Co. V. Betts [1928] A.C. 143; A.K.M. Ruhul Amin Vs. District Judge and Appellate Election TriÂbunal, Bhola and others, 38 DLR (AD) 172; Payne V. Bradley [1962] A.C. 343. Lawyers Involved: Shah Md. Sharif, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil ApÂpeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..Category: Election Law | Date: | Hits: 125
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned AdvoÂcate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......Order IX, rule 13 of the Code of Civil Procedure learned Assistant Judge cannot restore the suit in exercise of inherent power under section 151 of the Code………………………(5 & 6). Lawyers Involved: T. H. Khan, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record ......the submission made by the learned AdvoÂcate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74...Category: Procedural Law | Date: | Hits: 88
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..............Appellant Vs A.N.M. Serajul Haque beÂing dead his heirs: Jahibul Hoque and others..................Respondents Judgment March 2, 1989. Result: The appeal is allowed. The Laws (Continuance in Force) Order, 1958, Article 6(5)(b) The High Court Division was in error in ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......al) 457; Veeraswami Reddy Vs. Kanakammal AIR 1961(Mad)198; Muthia Chettiar & ors. Vs. V.E.S. Shanmugham Chettiar & another, AIR 1969(SC) 552; ILR 8 Bom 561; ILR 4 All. 530; 7 DLR (FC) 170. Lawyers Involved: Maksudur Rahman, Senior Advocate, instructed by B. Hossain, Advocate-on-Recordâ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is disÂmissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......nt petition, even if admitted do not constitute any offence or the proceeding is barred by any law. Where disputed facts are involved evidence will be necessary to determine the issue………(4) Lawyers Involved: K.S. Hossain, Advocate inÂstructed by Sharifuddin Chaklader, Advocate-on-Recor......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is disÂmissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ..Category: Criminal Law | Date: | Hits: 39
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