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Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)

.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ..

Category: Criminal Law | Date: | Hits: 56

Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)

....d recognise accused Nazrul and Manik only. She said in her evidence that two unknown accused who were armed fired two rounds upon her father which pierced through his right chest and abdomen. 5. Md. Wazed Ali (P.W.1) son of the deceased was in the field at that time near the pump machine interv......eading suggestion as to ommission. ………………….(10) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Sajjadul Huq, Advocate-on-Record-For the appellants. J.R. Mudassir Hossain, Deputy Attorney General, instructed by M.R. Khan, Advocate-on- Record-For the Respondent. ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Taleb Ali & ors..................Appellants Vs. The State………………………...Respondents Judgment April 20, 1988. Crimina..

Category: Criminal Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

....dvocate, instructed by Syed Sakhawat Ali,-Advocate-on-Record-For Respondent No. 1(State) A. W. Bhuiyan, Additional Attorney General, (B.Hossain, Assistant Attorney General with him), instructed by Md. Sajjadul Huq-Advocate-on-Record. Ex-parte-Respondent No. 2. Criminal Appeal No. 4 of 1987.......l Singh, AIR 1931, All. 443, Emperor v. Rajappa, AIR 1936 BOM 221, State of Gujrat v. Bhikubhai, AIR 1965 Guj. 70, Bashirul Huq v. West Bengal, AIR 1953 SC 293. Lawyers Involved: Khondkar Mahub Hossain, Advocate, instructed by Syed Sakhawat Ali,-Advocate-on-Record-For Respondent No. 1(State) ......ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......: 40 DLR (AD) (1988) 226 ..

Category: Criminal Law | Date: | Hits: 63

Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)

....In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......ate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J & A.T.M Afzal J Azizur Rahman..........................Appellant Vs. Bhayetullah & anothers.... ..............Respondents Judgment November 11, 1986. C...

Category: Procedural Law | Date: | Hits: 92

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

....62(S.C) 3020., Muhammad Khurshid V. State P.L.D. 1963(S.C) 157, State V. Lalu Mia and another Criminal Appeal No. 16 of 1985. Lawyers Involved: Mozammel Huque Bhuiyan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record, —For the Appellants (In both the cases). Bakhtiar Hossai......20., Muhammad Khurshid V. State P.L.D. 1963(S.C) 157, State V. Lalu Mia and another Criminal Appeal No. 16 of 1985. Lawyers Involved: Mozammel Huque Bhuiyan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record, —For the Appellants (In both the cases). Bakhtiar Hossain, Assista......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......n (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir..

Category: Criminal Law | Date: | Hits: 61

Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)

.... Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Charandwip Bhumihin Krishi Samabaya Samity Ltd. represented by the Chairman, Md. Abdus Samad..........................Appellant Vs. The Deputy Commissioner, Cox's Bazar ......eel that there has been any arbitrary exercise of discretion. Thus the appeal is dismissed…………..(9 & 13) Lawyers Referred to: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. T. H. Khan, Senior Advocate, S.C. Das, Advocate w......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......dhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Charandwip Bhumihin Krishi Samabaya Samity Ltd. represented by the Chairman, Md. Abdus Samad..........................Appellant Vs. The Deputy Commissioner, Cox's Bazar & ors..........Respondents Judgment March 27, 1..

Category: Property Law | Date: | Hits: 45

M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

....he High Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J M. A. Hai Md. Wazed Ali Miah & Md. Moslem.................Appellants Vs. Trading Corporation of Bang......r. Anant R. Deshpande, AIR 1973 SC 171, Amarjit Kaur v. Pritam Singh and others, AIR 1974 SC 2068, 32 DLR (AD) 65. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, (Md. Fazlul Haque and Ajmalul Hossain, Advocates with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appe......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......te Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J M. A. Hai Md. Wazed Ali Miah & Md. Moslem.................Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) ..

Category: Employment/Service Law | Date: | Hits: 112

The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......invalid. Thus judgments of the courts below are set-aside and the suit out of which this appeal has arisen stands abated with effect from 18/09/1982………(8, 9 & 11) Lawyers Involved: B. Hossain, Advocate-on-Record- For the Appellant M.H. Khondker, Senior Advocate instructed by A. Ba......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......e Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J The Province of East Pakistan (Now Bangladesh)............Appellant Vs. Shamser Ali Khan & others... ..................................Respondents Judgment ..

Category: Property Law | Date: | Hits: 63

Bandez Ali Vs. The State, 1988, 17 CLC (AD)

.... also Reported in : 40 DLR (AD) (1988) 200 ......�………(6,7) Lawyers Involved: Syed Muhammad Hussain, Senior Advocate, (A.N.M. Gaziul Hoque, Advocate with him), instructed by Md. Ozair Farroque, Advocate-on-Record- For the Appellant. B. Hossain, Advocate-on-Record- For the Respondent. Criminal Appeal No. 43 of 1984. (From the jud......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......200 ..

Category: Criminal Law | Date: | Hits: 67

Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)

.... AIR 1923 (P.C.) 128. Lawyers Involved: Golam Rabbani, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record.- For the Petitioner. Mozzammal Huq, Bhuiyan, Advocate instructed by Md. Aftab Hossain, Advocatc-on-Record. -- For Respondents No. 1-50. Not Represented. - For Respon......AD) (1988) 196 ......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......r remedy e.g. by instituting a suit in the competent court, the writ petition was inappropriate. The appeal is dismissed……………..(6,7 & 13) Cases Referred to- Shahjahan Sheikh and others Vs. The Sessions Judge, Pirojpur (Criminal Appeal Nos. 48 and 49 of 1985) 38 DLR (AD) 246, Malkarjun..

Category: Constitutional Law | Date: | Hits: 174

Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

....rted in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ...... aside the ex parte decree……………..(6 & 7) Cases Referred to- Deputy Commissioner, Sylhet V. Israil Ali and others, 1981 BSCR, 222, Santosh Kumar Chakraborty and others v. Motaleb Hossain and others, 36 DLR (AD) 248=1985 BLD (AD) 59 and Khurshed Anwar v. Jamil Akhter, 1982 BLD (A......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......e Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Insan Ali.................................Appellant Vs. Mir Abdus Salam............................Respondent Judgment August 16, 1987. Res..

Category: Procedural Law | Date: | Hits: 89

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......dance with law and the government is entitled to the rent for the present and future……………….(12 & 13) Lawyers Involved: A.W. Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record.-For the Appellant. T. H. Khan, Senior Advocate, (M. A. Whab Miah, Ad...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......late Division (Civil) Present: F. K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 2..

Category: Property Law | Date: | Hits: 47

Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)

....operly reversed…….(13) Lawyers Involved: M.H. Khondker, Senior Advocate, (AJ Mahammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellants. Md. Nurul Haq, Advocate-on-Record - For the Respondents No. 1 and 2. Ex Parte- Respondent Nos. 3-......ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......resent: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M Afzal J. Nur Ahmed Majumder, being dead his heirs: Hafiza Khatun & others..................Appellants Vs. Nur Ahmed Majumder & others..................Respondents Judgment July 1, 1987. Res..

Category: Property Law | Date: | Hits: 43

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....��B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ......) 1 722. Lawyers Involved: S.S. Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record-For the Appellants, A.W.Bhuiyan, Additional-Attorney-General instructed by B. Hossain, Advocate-on-Record- For the Respondents. Criminal Appeal No. 5 of 1987 Converted to Civi......of no legal effect…………………….(17, 18, 19 & 24) Cases Referred to- Godha Singh Jabra Singh vs. District Magistrate, Farozepur (AIR 1956 Panjab 33); The University of Dhaka vs. Zakir Ahmed, PLD 1965 SC 90 = 16 DLR (SC) 1 722. Lawyers Involved: S.S. Halder, Senior Advocat......vision (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sk. Ali Ahmed.....................................................Appellant Vs. The Secretary Ministry of Home Affairs, Govt. of the People's Republic of Bangladesh and ot..

Category: Criminal Law | Date: | Hits: 88

Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)

....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Moulana Mokhter Ahmed...........................................Appellant Vs. Mohammadul Mokhter Usmani & others.........................Respondents Judgment March ..

Category: Election Law | Date: | Hits: 106

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

....ahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal & others..............................Respondents Judgment August 31, 1987. T...... Durayappah v. Fervando and others, 1967 (2) The All England Law Reports 152(07). Lawyers Involved: M. Nurullah, Attorney-General (Hasan Arif, Deputy Attorney General with him) instructed by B. Hossain, Advocate-on-Record—For the Appellant. S. R. Pal. Senior Advocate (Zakir Ahmed, Advocat....... Lawyers Involved: M. Nurullah, Attorney-General (Hasan Arif, Deputy Attorney General with him) instructed by B. Hossain, Advocate-on-Record—For the Appellant. S. R. Pal. Senior Advocate (Zakir Ahmed, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Resp...... M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal & others..............................Respondents Judgment August 31, 198..

Category: Election Law | Date: | Hits: 118

Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)

.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......………..(7 & 8) Lawyers Involved: Serajul Huq, Senior Advocate, (A.T.M. Kamrul Islam, Advocate with him) instructed by Syed Sakhawat Ali, Advocatc-on-Record - For the Appellants. B. Hossain, Assistant Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record -For the Respo...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ..

Category: Criminal Law | Date: | Hits: 80

Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)

....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......ble……………………(15 & 16) Cases Referred to- Barindra Chandra Das and others V. Mvi. Mahbubul Quadir and others 7 DLR 464; Gopal Krishna Sil v. Abdul Samad Chowdhury 34 CLJ 319; Abul Hossain v. Sadai Gobind Deb 42 CWN 1102 = ILR 63 Cal. 851; Saladurjaman Chowdhury v. Oajuddin AIR 19......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......n (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Moniruddin Sarker being dead his heirs: Fazlul Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgm..

Category: Civil Law | Date: | Hits: 113

Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)

....on of the death sentence………………(18) Case Referred to- Nausher Ali Sarder Vs. The State, 39 DLR (AD) 194. Lawyers Involved: Mahbubey Alam, Advocate Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Appellant. B. Hossain, Advocate-on-Record — For ......o- Nausher Ali Sarder Vs. The State, 39 DLR (AD) 194. Lawyers Involved: Mahbubey Alam, Advocate Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Appellant. B. Hossain, Advocate-on-Record — For the Respondent. Criminal Appeal No. 15 of 1987. (From the ......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......rt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Dipok Kumar Sarker ..........................Appellant Vs. The State.............................................Respondent Judgment November 8, ..

Category: Criminal Law | Date: | Hits: 61

Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)

....�………(7) Cases Referred to- 32 DLR 187, Mondodari vs. Kshitendra S.A. No. 2256 of 1931. Lawyers Involved: S. R. Pal, Senior Advocate, (Ranadhir Sen, Advocate with him) instructed by Md. Shamsul Huq Siddique, Advocate-on-Record. — For the Appellant. Khondker Mahbubuddin Ahmed, ......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......dhury J Shahabuddin Ahmed J M.H. Rahman J Karatala Lakshmi Bihar represented by Dharmadarshi Bikshu being dead Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors...................Respondent Judgment November 11, 1987...

Category: Property Law | Date: | Hits: 32

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