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Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)

.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......Hoque Muktar and others........Appellants                           Vs. ARM Mustanesar Billah & others.......Respondents Judgment February 1...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......kurdin and others 66 1C 678; Mrs Maya Devi vs Diwan Chand AIR 1935 Lahore 115; Khan Bahadur Khaleque Newaz Khan Chowdhury and others vs Maulvi Chowdhury Habibuddin Ahmed Siddique 46 CWN 817; Aposh Ali on behalf of Sailendra Nath Chakraborty vs. Amjad Ali Bhuiya 10 DLR Dacca, 248, Lawyers ..

Category: Property Law | Date: | Hits: 69

Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)

....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ...... H. Rahman J. Keramat Ali and others................Petitioners                     Vs. Probhat Chandra Majumder.........Opposite Party Judgment August 21st, 19......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......order of conviction and sentence is set aside. Ed. ..

Category: Criminal Law | Date: | Hits: 66

State Vs. Shiraj Ali, 1972, 1 CLC (AD)

.... of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......orted in: 24 DLR (1972) 69. ......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......LR (1972) 69. ..

Category: Criminal Law | Date: | Hits: 81

Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)

....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ...... Present: K Hossain J Rakhal Chandra Das and ors.............Plaintiffs-Appellants Vs Benecha Khatun and others........Respondents Judgment May 6th, 1970. Cases Refered to- Ali Dewan and another vs. Akram AH Prodania and another 17 DLR 343; 41 CWN 257 (PC); AIR 1948 (PC) 1..

Category: Property Law | Date: | Hits: 82

Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)

....hury J. Tamiza Khatoon and others.........Appellant                      Vs State.................................Respondent Judgment December 11 th, 1970. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..

Category: Criminal Law | Date: | Hits: 76

Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)

....ion of Mr. Farid Ahmed. 14. The next point urged by Mr. Ahmed is to the effect that the rent receiving interest of the plaintiff having been acquired by the government under the East Bengal State Acquisition and Tenancy Act. 1951 before the institution of the suit the plaintiff had no sub......-Appellants                                Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th,...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......under clause 15 of the Letters Patent is granted. Ed. ..

Category: Property Law | Date: | Hits: 67

State Vs. Abdur Rashid, 1972, 1 CLC (AD)

.... prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......ouse of Yasin Sheik. The First Information Report of the case was lodged by PW 1 Rahimuddin Sarkar, a neighbour of Yasin Sheik on the same day at about 4.30 PM which was recorded by PW 6 Mr Murtaza Ali, Sub-Inspector of Police attached to Kaligonj Police Station who was in charge of the thana at ..

Category: Criminal Law | Date: | Hits: 154

Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)

....case of Mafizur Rahman Sarder vs East Pakistan represented by the Collector of Khulna 13 DLR 538 the facts are, that the Revenue Authority started proceedings under section 20(1) of the East Pakistan State Acquisition and Tenancy Act against a person for acquisition of excess lands. In that proceedi......s also Reported in:......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......y under the defendant No. 1 the Province of East Pakistan in which the other defendants namely, defendants 2 to 7, have no title. Originally the suit land was held in under raiyati right by one Baker Ali under Wakf Estate whose Mutawalli was one Shayesta Khan. The Wakf Estate brought a title suit be..

Category: Civil Law | Date: | Hits: 137

Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Phoenix Leasing Ltd and others………………… Appellant Vs. Bangladesh Bank and others…………………&hel......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..

Category: Business or Commercial Law | Date: | Hits: 96

Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)

....neous case No. 5382 of 1998, claiming custody of the victim girl. The appellant was not made a party in the said Miscellaneous Case but upon an application filed by him he was permitted to assist the State lawyer at the time of hearing of the Rule. When the matter came up for hearing, no one appeare......  ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J  A M Mahmudur Rahman J   Bashu Dev Chatterjee………............. Appellant Vs. Umme Salma and others..................... Respondents Judgment March 4, 1999. Resu......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ...... option to produce the victim before the court as and when required for adjudication………………………(19)  Lawyers Involved:  MA Wahhab Miah, Advocate instructed by and Azra Ali, Advocate-on-Record.— For the Appellant (In all cases).  Sharifuddin Chaklader, Advoca..

Category: Criminal Law | Date: | Hits: 71

Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)

....nbsp;    Bimalendu Bikash Roy Choudhury J Ashok Kumar Karmaker………………………….. Appellant Vs. State……………….. Respondent Judgment March 4, 1999.......p;      Bimalendu Bikash Roy Choudhury J Ashok Kumar Karmaker………………………….. Appellant Vs. State……………….. Respondent Judgment March ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..

Category: Criminal Law | Date: | Hits: 75

Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)

....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......nbsp;: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. Th......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......l CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. The Local Government (UP)..

Category: Election Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)

....ll be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for not entertaining the suits…….(13 & 14) Cases Referred to- Secretary of State vs Mask & Company, AIR 1940 PC 105; Abdur Rouf and others vs Abdul Hamid, 17 DLR (SC) 515;......CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent ...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...

Category: Property Law | Date: | Hits: 77

Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)

.... Ptresent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Azizul Hoque (Md) …………….………….Petitioner Vs. State……….……………… Respondent Judgment December 7, 1998. The Penal Code, 186......minal) Ptresent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Azizul Hoque (Md) …………….………….Petitioner Vs. State……….……………… Respondent Judgment December 7, 1998. The Penal C......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......t approval of the concerned magistrate” as a public servant have been proved and so the learned Judge ought not to have acquitted him of that charge……….(8) Lawyers Involved: Md. Marfat Ali, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner Not repres..

Category: Anti-Corruption Laws | Date: | Hits: 73

Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)

....e High Court Division and obtained a Rule Nisi and an order restraining the respondents from collecting tolls. The said Rule is pending for disposal. The petitioner further stated that neither the State Acquisition and Tenancy Act 1951 nor the Local Government (Zilla Parishad) Act 1988 provides ...... A M Mahmudur Rahman J    Nasiruddin (Md)…….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……&......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......tated that a re-tender notice was given on 11-4-95 by respondent No. 2 inviting tenders of some other similar ghat including the present ghat for the year 1402 BS and against that order one Shahed Ali moved in Writ Petition No.1236 of 1995 before the High Court Division and obtained a Rule Nisi ..

Category: Constitutional Law | Date: | Hits: 126

Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)

.... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 171. ...... Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Moulana Delwar Hossain Saydee ……………………….Petitioner Vs. Sudhangshu Shekhar Halder and others………………&h...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 171. ......) of the Code of Civil Procedure…….(9)  Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Abdur Razzak, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Amirul Islam, Senior Advocate instruc..

Category: Election Law | Date: | Hits: 117

Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)

....her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......p;…………………………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respo......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......within the competence of the Administrative Tribunal to entertain the grievance of the petitioner.…(9)  Lawyers Involved: Shafique Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Petitioner. AKM Nazrul Islam, Advocate, instructed ..

Category: Employment/Service Law | Date: | Hits: 63

Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)

....er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ......bsp;           AMM Rahman J Commissioner of Customs, Mongla Customs House and others…………Petitioners Vs. SARC Enterprise……………………&hellip......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ......stoms vs Giasuddin Chowdhury 50 DLR (AD) 129. Lawyers Involved: B Hossain, Advocate-on-Record— For the Petitioners. MA Wahhab Meah, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record —For the Respondent. Civil Petition for Leave to Appeal No. ..

Category: Business or Commercial Law | Date: | Hits: 155

Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)

....re hereby ratified and confirmed and are declared to have been validly made, done or taken in the public interest……..(12)  Cases Referred to- Chandra Mohan vs. the State of Uttar Pradesh, AIR 1966 (SC) 1987; The State of Assam vs. Ranga Mohammad, AIR 1967 (SC) 90...... Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman, Advocate and others………………..R...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ..

Category: Employment/Service Law | Date: | Hits: 72

Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)

....;        Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …… Appellants Vs. State another ………………………….Resp......p;          Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …… Appellants Vs. State another ………………………...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......t. The order of filing a petition of complaint by the complainant is liable to be quashed…………………(8)  Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Appellants. Shafiuddin Ahmed, Deputy Attorney-Gener..

Category: Criminal Law | Date: | Hits: 69