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Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ontention and the appeal is dismissed………………(2 & 4) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—for the Appellants. B. Hossain, Assistant Attorney-General, instructed by M. Nowab All, Advocate-on-Record—for the Resp......ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......27..Category: Criminal Law | Date: | Hits: 45
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ed as the assailant. Acquittal of the co-accused by the trial court on the plea of alibi will not destroy the dying declaration………….(8) Lawyers Involved: Abdul Hamid, instructed by Md. Aftab Hossain, Advocate-on-Record—for the Appellant. B. Hossain, Advocate-on-Record—For t......assailant. Acquittal of the co-accused by the trial court on the plea of alibi will not destroy the dying declaration………….(8) Lawyers Involved: Abdul Hamid, instructed by Md. Aftab Hossain, Advocate-on-Record—for the Appellant. B. Hossain, Advocate-on-Record—For the Respo......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ourt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abdul Hakim @ Lokman Hakim............Appellant Vs. The State………………………………………………Respondent Judgment Augu..Category: Criminal Law | Date: | Hits: 61
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
.... Moksudur Rahman, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte— For the Respondent N......nd no such rebuttal evidence was adduced. Hence the prayer for remand does not merit consideration. ………….(6 & 8) Lawyers Involved: Moksudur Rahman, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Khondker Mahbubuddin Ahmed, Senior Advocate (M......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Additional Deputy Commissioner, Revenue and Assistant Custodian Vested Property, Chandpur.................... Appellant Vs. Tafurnessa wife of Ali Ahmed Mia and others..............................Respondents Jud..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....ishad was filled up when Abdul Hamid Bhuiyan was elected as Acting Chairman of the said Union Parishad. This Acting Chairman Abdul Hamid Bhuiyan was soon replaced by another acting Chairman namely, Md. Idris on 2.7.86. Then Mr. Abdul Mazid Master the elected Chairman of Gallai (north) Union Parish......FB). Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by MJK. Khan, Advocate-on-Record—For the Appellants (In C.A. No. 1 of 1989). M. Nurullah, Attorney-General with B. Hossain, Deputy Attorney General, instructed by Mr. M. R. Khan, Advocate-on-Record—For the Petitio......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......sed validly and legally because the composition of the Upazila Parishad meeting was not in accordance with law. ………………………(24 & 33) Cases Referred To- Namdeorao Madhavroa Thakre Vs. Dulaji Sitaram Patil 70 Bombay 843 Sukhdeo vs. Arrah Municipality A.I.R. 1956 Pat. 367 Shyampada..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....e in respect of the alleged deed of sale………………………(13 & 14) Lawyers Involved: Mohammad Yeasin, Advocate, instructed by-Abu Backkar, Advocate-on-Record.—For the Appellant. Md. Nurul Huq, Advocate-on-Record.—For Respondent Nos. 1, 2 and 3. B. Hossain, Advocate-on-Re...... Lawyers Involved: Mohammad Yeasin, Advocate, instructed by-Abu Backkar, Advocate-on-Record.—For the Appellant. Md. Nurul Huq, Advocate-on-Record.—For Respondent Nos. 1, 2 and 3. B. Hossain, Advocate-on-Record—For Respondent No. 5. No one for Respondent No. 4 Civil Appeal......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Sona Mia Bepari & ors................Appellants Vs. Jamila Khatun & ors…………………………………........... Respondents Judgment..Category: Property Law | Date: | Hits: 33
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....ay continue on ad-interim bail granted by this division till disposal of criminal appeal pending before the High Court Division. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. M.R. Khan, Advocate-on-Record—For th...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... in: 41 DLR (AD) (1989) 112..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....e appellant. Shahid Alam, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record—For the respondent No. 1. T.H. Khan, Senior Advocate, M.A. Wahab Miah, Advocate with him, instructed by Md. Altab Hossain, Advocate-on-Record—For the respondent No. 2. Civil Appeal No. 6 of 1988 ......t. Shahid Alam, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record—For the respondent No. 1. T.H. Khan, Senior Advocate, M.A. Wahab Miah, Advocate with him, instructed by Md. Altab Hossain, Advocate-on-Record—For the respondent No. 2. Civil Appeal No. 6 of 1988 Judgement......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......89) 109..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......llate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Nuruzzaman Sarkar.........................................Petitioner Vs. Seraj Mia & ors...........................................Respondents Judgment August ..Category: Property Law | Date: | Hits: 75
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....is reluctant to restore and also to relieve the parties from fruitless litigation…………………….(5) Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record— For the Petitioner Md. Afzal Hossain, Advocate-on-Record-For the respondent Nos. 1, 3(f) & 4. Not represented- Respo......nt to restore and also to relieve the parties from fruitless litigation…………………….(5) Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record— For the Petitioner Md. Afzal Hossain, Advocate-on-Record-For the respondent Nos. 1, 3(f) & 4. Not represented- Respondent Nos.......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Sanatannessa Bewa.......................................................Petitioner Vs. Haipatullah Sarker & others.............................................Respondents Judgme..Category: Procedural Law | Date: | Hits: 96
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ...... a certified copy of a judgment dated 31-1-70 in Title Appeal No. 169 of 1965 which arose from Title Suit No. 126 of 1962 in the Court of Subordinate Judge, Noakhali. That suit was filed by one Golam Hossain (who is P.W.2 in the present suit) against one Mukhlesur Rahman and others impleading all th......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......sion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy Commissioner, Revenue, Noakhali & Assistant Custodian of Vested a..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....asya v. Sishuram Deka, AIR 1924 Cal. 792 and Ram Ray Singh v. Rajendra Singh, AIR 1943 All. 247. Lawyers Involved: T.H. Khan, Senior Advocate, (MA. Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. M.A. Jalil, Advocate-on-Record— For......shuram Deka, AIR 1924 Cal. 792 and Ram Ray Singh v. Rajendra Singh, AIR 1943 All. 247. Lawyers Involved: T.H. Khan, Senior Advocate, (MA. Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. M.A. Jalil, Advocate-on-Record— For Responden...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
.... M.H. Khandker Senior Advocate (A.J. Mohammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. Sk. Afzalur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For respondent Nos. 1 (a) to 1(h) & 2-5. Civil Appeal No......handker Senior Advocate (A.J. Mohammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. Sk. Afzalur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For respondent Nos. 1 (a) to 1(h) & 2-5. Civil Appeal No. 127 of 1......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ...... ..Category: Property Law | Date: | Hits: 36
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....ions of fact were disputed. The judgement and order of the High Court Division is set-aside and the writ is recalled……….(5) Lawyers Involved: Nurullah, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocates-on-Record—For the Appellant. Ishtiaq Ahmed, Senior Advocate (Mahmudul......Nurullah, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocates-on-Record—For the Appellant. Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 10. Respondent Nos. 1-9— Not Represented. ......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......9) 87 ..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... Vs. Shahid Mia & Others..............Respondents (In Civil Appeal No. 29 of 1988) Halimuddin…………………………………….Appellant (In Civil Appeal No. 2 of 1989) Vs. Md. Shamsuddin & others..................Respondents (In Civil Appeal No. 2 of 1989) Md. Sham...... H Rahman J ATM Afzal J A.F.M. Shah Alam...........Appellant (In Civil Appeal No. 40 of 1988) Vs. Mujibul Huq & Others………Respondents (In Civil Appeal No. 40 of 1988) Mozammel Hossain Khan..........Appellant (In Civil Appeal No. 38 of 1988) Vs. The Returning Officer &am......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......ppellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M H Rahman J ATM Afzal J A.F.M. Shah Alam...........Appellant (In Civil Appeal No. 40 of 1988) Vs. Mujibul Huq & Others………Respondents (In Civil Appeal No. 40 of 1988) Mozammel Hos..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....Pakistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on- Record. — For the Appellant. Mvi. Md. Wahidullah, Advocate-on-Record. — For Respondent No. 1. Not represented—Respondent Nos. 2......th-West Frontier Province V. Suraj Narain Anand 751. A. 342; Pakistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on- Record. — For the Appellant. Mvi. Md. Wahidullah, Advocate-on-Record. —......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Executive Engineer, Public Health, Barisal Division, Barisal………………….Appellant Vs. Mohammad Ali & ors.............. Respondents Judgment February 15, 1989. The ..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
....……….(14) Lawyers Involved: S.R. Paul, Senior Advocate, instructed by Kazi Ebadul Huq Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondents. Civil Appeal No. 59 of 1986 Judg......d upon earlier, till the shop is shifted…….…………….(14) Lawyers Involved: S.R. Paul, Senior Advocate, instructed by Kazi Ebadul Huq Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ....... ..Category: Others | Date: | Hits: 125
....te (Fida M. Kamal, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the Appellant.
T. H. Khan, Senior Advocate (M.A. Wahab Miah, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 9
M. Nurullah, Attorney General (H....... Kamal, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the Appellant.
T. H. Khan, Senior Advocate (M.A. Wahab Miah, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 9
M. Nurullah, Attorney General (Hasan Arif,......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......ourt
Appellate Division
(Civil)
Present:
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
MH Rahman J
ATM Afzal J
Sheikh Abdus Sabur................................Appellant
Vs.
Returning Officer, District Education Officer-in-charge, Gopalganj & others.....Responden..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....……(10&11) Cases Referred to- Amar Chandra Saha vs. Ajit Kumar Das, 33 DLR (AD) 37. Lawyers Involved: T. H. Khan, Senior Advocate, Lutfur Rahman Mondal, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant Khandker Mahbubuddin Ahmed, Senior Advo......body including the plaintiff’s predecessors. He denied having paid any rent at all to the heirs of late Mr. Zakir Hussain. The plaintiffs having acquired good title from the heirs of late Mr. Zakir Hossain have stepped into the shoes of the landlord and in view of the findings made by the trial co......does not arise at all because the defendant's case is that he was never a tenant under anybody including the plaintiff’s predecessors. He denied having paid any rent at all to the heirs of late Mr. Zakir Hussain. The plaintiffs having acquired good title from the heirs of late Mr. Zakir Hossain ha......rt Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Shambhu Nath Saha...............................Appellant Vs. Alfazuddin Ahmed & ors..........................Respondents Judgment May 4, 1988. Th..Category: Others | Date: | Hits: 96
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....(Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh Sericulture Board & another……………………….Appellants Vs. Md. Fazlur Rahman Akunjee & another……………………………Respondents Judgment ......he principle of exercise of discretion must be performed upon correct judicial principles, which has been violated and the appeal is allowed……………………(9) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record— For the Appellants. Mahbubur Rahman, Advocate instructed by S......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh Sericulture Board & another……………………….Appellants Vs. Md. Fazlur Rahman Akunjee & another……………………………Respondents Judgme..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......oid ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haroon Moten...........................................Appellant Vs. Mahaluxmi Bank Ltd. & ors.........................Respondents Judgment June 25, 1980...Category: Banking Law | Date: | Hits: 103
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