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Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ...... tried by the learned Sessions Judge, Rajbari in Sessions Case No. 7 of 1994 on the allegation of committing murder of one Shahajuddin Bepari of Moharajpur, Police Station Rajbari on 19-7-1993 and for causing disappearance of evidence of the aforesaid offence and were thus charged under sections......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ...... State…………………………….Respondent Judgment April 4th, 2006. Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on..Category: Criminal Law | Date: | Hits: 36
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......March 28, 2006. Result: The appeal is allowed. The High Court Division should exercise its jurisdiction to enlarge the accused on bail after being satisfied that there are reasonable grounds for believing that the accused respondent is not guilty of the offence…………………………......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......n to enlarge the accused on bail after being satisfied that there are reasonable grounds for believing that the accused respondent is not guilty of the offence……………………………(13) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Golam Kibria, Deputy Att..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... the judgment and decree dated June 8, 1997 of the Court of Senior Assistant Judge, Haluaghat, Mymensingh in Other Class Suit No. 53 of 1995 decreeing the same. The suit was filed seeking a decree for specific performance of contract for sale of land. 2. The suit was filed stating, inter ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. .............Appellant vs Shajirannessa Bewa and others........Respondents Judgment November 23, 2005. Lawyers Involved: Kh MS Hasan, Advocate (appeared with the leave of the C..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......ddin Ahmed, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondents. [In CA No. 127 of 2002]. Civil Appeal No. 127 of 2002 with Civil Petition for Leave to Appeal No. 400 of 2003. Judgment &nb...... order by Memo dated 13-6-1985. It further appears that Bangladesh Oil, Gas and Mineral Resources Corporation appointed the petitioner as Senior Manager-in-Charge. By Memo dated 10-11-1986 of Chief Martial Law Administrator's office, the petitioner was retired from Bangladesh Army with direction...... Transmission and Distribution Co Ltd and another 1981 BLD (AD) 61 = 33 DLR (AD) 186; Bangladesh Biman Corporation vs Government of Bangladesh and others, 2000 BLD (AD) 230 = 5 BLC (AD) 169. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Aftab Hossian, Advocate-on-..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....fers to paragraph 324 wherein Shahabuddin Ahmed, J(as he was then) noted the submission of Mr M Amirul Islam which is as follows: "324. Mr Amir-ul-Islam has referred to the Proclamation of Independence dated 10 April 1971 made when the War of Independence began. Thi......brother Md. Tafazzul Islam. 2. Having concurred with their judgments, I would like to add only few words stating to the effect that preparation of Electoral Roll is one of the positive steps for democratic process which will ensure the right of franchise of the people and also help stabili......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ...... Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL and others vs Electoral Registration Officer (1995) 3 SCC 101. Lawyers Involved: TH Khan, Senior Advocate and Khandker Mahbubuddin Ahmed, Senior Advocate, ..Category: Election Law | Date: | Hits: 159
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......der dated 30-4-2001 passed by the High Court Division in Criminal Appeal No. 2180 of 1997. 2. Criminal Appeal No. 43 of 2003 is at the instance of convict appellant Jaber Sheikh against the aforesaid judgment and order. 3. Both the appeals being heard analogously were disposed......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... Amirul Kabir Chowdhury J Aynul Sheikh and others........Petitioners vs State.................................Respondents Judgement July 19, 2005. Lawyers Involved: Md Nawab All, Advocate-on-Record—For the Appellants. Abdur R..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......e (appeared with the leave of the Court), instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Petitioners. Not represented—State-Respondent. Criminal Petition for Leave to Appeal No. 161 of 2005. Judgment: Amirul Kabir Chowdhury J.- AKM Shamsudd......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......abir Chowdhury J AKM Shamsuddin alias Kalam Doctor and other......Petitioners vs State.................................Respondent Judgment June 22nd, 2005. Lawyers Involved: Prabir Haider, Advocate (appeared with the leave of the Court), instructed..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......Involved: Mahmudul Islam, Senior Advocate, instructed by Md Aftab Hossnin, Advocate-on-Record—For the Petitioner. Not represented—Respondent No. 3. Civil Petition for Leave to Appeal No. 42 of 2002. Judgment: &nb...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......mp; Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md Aftab Hossnin, Advocate-..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....upreme Court is focussed in the Constitution. 14. The learned Counsel submitted that in 1982 the Martial Law was proclaimed and then the concept of 'permanent benches' was devised by MarÂtial Law Proclamation but when the Constitution was restored on 10th November, 1986 it became obÂvious, that......ned Amendment has resulted in unrecognizable repugnancies to all other exÂisting provisions of the Constitution related to it rendering the High Court Division virÂtually unworkable in its original form, and as such, it is void. The impugned Amendment will go off the Constitution and the old Artic......risdiction of this court, the learned counsel submitted that only one indivisible character of the Supreme Court is focussed in the Constitution. 14. The learned Counsel submitted that in 1982 the Martial Law was proclaimed and then the concept of 'permanent benches' was devised by MarÂtial Law ...... Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the SecreÂtary, Ministry of Law and Justice, Bangladesh SecreÂtariat,Ramna,Dhaka & Others ……… Respondents (In Civil A..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......ms of linking up accused with the crime, namely, the sandal was not at all put to the accused as a circumstance appearing in the case against him in his examination under section 342 Cr.P.C. It is for the prosecution to prove the case and not for the defence and when considering the oral evidence...... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......d the accused be acquitted ………(31,32,33) Cases Referred to- Sarwan Singh Rattan Singh vs. State of Punjab, A.I.R. 1957(SC) 637; Abdul Majid Vs. Govt. of East Pakistan, 16 DLR (SC) 127. Lawyers Involved: Julmat Ali Khan, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Rec..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....he suit they may do so and it will be disposed of in accorÂdance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......Sen and others................. Respondents Judgment November 2, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, a......he suit they may do so and it will be disposed of in accorÂdance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......uit or abandon its claim in the suit. If the plaintiffs are still willing to proceed with the suit they may do so and it will be disposed of in accordance with law…………………..5 & 6) Lawyers Involved: Jamiruddin Sircar, Advocate, instructed by Mvi. Wahidullah, Advocate-on-Record ..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and othÂers Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......nce of the appellants under sections 302/34 and 364 of the Penal Code. They were conÂvicted by the Additional Sessions Judge, Noakhali, by an order dated 4 May 1983 and sentenced to transÂportation for life. They preferred an appeal but it was dismissed by the High Court Division by an order dated......en them when Monoranjan did not vote for his chairmanship. He has, however, admitted the defence suggestion that about a year before this incident Monoranjan had lodged a complaint against him to the Martial Law Authority for misappropriation of relief fund. He has also admitted that he deposed agai......ble than the prosecution as it fits in human nature and as such the appellants are entitled to be acquitted as a matter of right in the facts and circumstances of the case………………(9 & 12) Lawyers Involved: S.S. Haider, Senior Advocate instructed by Ranesh Chandra Maitra, Advocate-on-R..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147...... in question an order of the High Court Division, dated 4 August 1985, confirming in appeal, an order of the Additional Sessions Judge, Mymensingh, dated 14 March 1983, by which the five appellants before us were convicted under section 302, read with section 149 of the Penal Code and sentenced to t......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......ate defence of life was not available to the appellants since from complainant party they had no reasonable apprehension either of imminent death or of grievous hurts………………….(10 & 12) Lawyers Involved: Md. Abdul Malek, Senior Advocate, instructed by Md. Sajjadul Hug, Advocate-on-R..Category: Criminal Law | Date: | Hits: 49
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......issue. It is linked up with the bank rate- and the borrower in his executed mortgage deed clearly stipulated that he will pay the rate of interest at bank rate less 3% which is concessional rate only for the multi-storied building. The issue is clinched here. There is no scope for advancing any argu......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......e is no scope for advancing any argument on supposed notions………(21) Cases Referred to- Carlill vs. Carbolic Smoke Ball Co. (1892) 2 QB 84, Gauga Ram V. Nath Singh A.I.R. 1924 P.C.183. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Shaheed Alam, Advocate with him), instructed b..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of BanÂgladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......, section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear finding that the plaintiff’s right was never recognised as re......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ...... is upon the government to consider granting of settlement of such land with sympathy to such persons……………..…(5 & 7) Case Referred To- A. Mannan vs. Kulada Ranjan 31 DLR (AD) 195. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advo..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......1988. The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 2 (18), 18(5) and 19 The Transfer of Property Act, 1882 (IV of 1882), Section 111 (g) & 116 There is no provision of law for determining the tenancy on the ground of the tenant becoming undesirable unless the tenant comes...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......d others v. Rafiqueullah Khan, 18 DLR 107, Khodeja Begum v. Sagarmal Agarwalla, 1987 BLD (AD) 147, Adhinath v. Krishna Chandra, 47 CWN 127, Nandalal Das v. Monmotha Nath Ghosh, AIR 1962 (Cal) 597. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, instructed by Syed Sakhawat Ali, AdÂvo..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......hairman, Dhaka Improvement Trust, D.I.T. Building, Dhaka & others.......Respondents Judgment November 20, 1988. Principle of natural justice A.C.Rs had been considered without previously informing the appellant of the adverse remarks against which he could make a representation. A little ......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131...... not known to what extent the bad ground influenced the forming of the decision……………………….(13 & 14) Cases Referred to- Ashok Kumar Yadav vs. State of Haryana, AIR 1987 SC 454 Lawyers Involved: Maksum-ul-Hakim, Senior Advocate, (Sk. Afzalur Rahman, Advocate with him) instr..Category: Employment/Service Law | Date: | Hits: 89
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere acaÂdemic 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......ur Rahman could not argue, how the evidence as it is, has rebutted the presumption. The defendants got ample opportunity at the trial stage and no such rebuttal evidence was adduced. Hence the prayer for remand does not merit consideration. ………….(6 & 8) Lawyers Involved: Moksudur R......aying the appeal has become of mere acaÂdemic 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......e presumption. The defendants got ample opportunity at the trial stage and 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-Recordâ..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....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 ......310 of 1988). Not represented— Respondent Nos. 2-13 (In C. A. No. 1 of 1989). Not represented— Respondent No. 1 (In C.P. No. 310 of 1988). Civil Appeal No. 1 of 1989 with Civil Petition for Special Leave to Appeal No. 310 of 1988. (From the Judgement and order dated 22.11.88 passed ......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 ......ulaji Sitaram Patil 70 Bombay 843 Sukhdeo vs. Arrah Municipality A.I.R. 1956 Pat. 367 Shyampada vs. Abani Mohan A.I.R. 1957 Cal. 420 Mangla Prasad Vs. District MagisÂtrate A.I.R. 1971 All 77(FB). Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, inÂstructed by MJK. Khan, Advocate-on-Re..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 deciÂmals 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...... and the appellant disowning such document and such contention of purchase and denial thereof not being confronted during trial, the appeal is allowed in part and the case remanded to the trial court for re-hearing upon allowing the parties to adduce further evidence in respect of the alleged deed o......vidence in respect of the alleged sale of .02-1/2 deciÂmals 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......lowed in part and the case remanded to the trial court for re-hearing upon allowing the parties to adduce further evidence in respect of the alleged deed of sale………………………(13 & 14) Lawyers Involved: Mohammad Yeasin, Advocate, instructed by-Abu Backkar, Advocate-on-Record.—For..Category: Property Law | Date: | Hits: 33
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