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Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)

....ers .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney­ General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (In Civil Appeal No. 22 of 1991) M ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......t By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......preme Court Appellate Division (Civil) Present: H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh....................Appellant. Vs. Anis and Co. and others....................Respondents (In Civil Appeal No. 22 of 1991) Abu Taleb alia..

Category: Business or Commercial Law | Date: | Hits: 130

Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)

.... M Nurullah, Senior Advocate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate‑on‑Record ‑ For the Appellant (in both the appeals). Alimuzzaman Chowdhury, Advocate, instructed by Md. Aftab Hossain Advocate‑on‑Record ‑ For Respondent No.1 (In Civil Appeal No. 52 of 1989) ......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......late Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazaruddin ..... Pre‑emptor‑Appellant. (In both the appeals) Vs. Maijuddin and others…. Pre‑emptee’s ‑Respondents (In Civil Appeal No. 52 of 1989). Md Serajuddin an..

Category: Property Law | Date: | Hits: 70

Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)

.......................Accused‑Appellants. Vs. State ....... .............................................Respondent Judgment July 9, 1991 Lawyer Involved: Md. Aftab Hossain, Advocate‑on‑Record-For the Appellants. B. Hossain, Deputy At......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......inst the appellants is set aside. They may now be released from their respective bail bonds. Ed. ...... Ed. ..

Category: Criminal Law | Date: | Hits: 60

Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)

....l Misc. Case No. 44 of 1987 under section 561A Cr PC in the High Court Division, Dhaka on 12.4.87 for quashing the proceeding under section 145 Cr PC A rule was issued upon the appellant's father, Md. Ali Akbar who, however, died on 15 April, 1989 during the pendency of the Rule. As already noti...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......ed judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......n J ATM Afzal J Mustafa Kamal J Aminul Islam…………………..First Party Complainant‑Appellant Vs. Mujibur Rahman and others.............. Second Party‑Respondents Judgment July 24, 1991 ..

Category: Criminal Law | Date: | Hits: 53

Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)

.... TH Khan, Sr. Advocate, (MA Wahab Miah Advocate with him), instructed by Sharifuddin Chaklader, Advocate‑on‑Record ‑ For the Appellant SC Das Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent No. 1 Not Represe......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ...... impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......urt Appellate Division (Civil) MH Rahman J ATM Afzal J Mustafa Kamal J Abdul Wahab .....................................Appellant Vs. Ali Ahmed and another .......................Respondents Judgment July 9, 1991 Cases Ref..

Category: Procedural Law | Date: | Hits: 110

Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)

...................................Condemned prisoners‑Appellants Vs. The State .....................Respondent Judgment August 6, 1991 Lawyers Involved: Md. Abdus Sobhan, Advocate, instructed by Md. Ataul Haque, Advocate‑on‑Record ‑ F......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ....... Ed. ..

Category: Criminal Law | Date: | Hits: 69

Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)

....d others Vs. Daud Khan and others PLD 1957 (WP) Pesh. 85 & Hakim Khan vs. Aurangzeb and others PLD 1975 (Lah) 1170. Lawyers Involved: Syed Mudassir Hossain Advocate, instructed by Md. Aftab Hossain Advocate‑on‑Record – For the Appellant Mohammad Ayub, A......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ...... Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Fazar Ali....................Plaintiff‑Petitioner Vs. Sikandar Ali ....................Defendant‑Respondent Judgment June 12, 1991 ..

Category: Property Law | Date: | Hits: 56

Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)

....p; Ed. ......sp;                               Ed. ......p;         Ed. ...... ..

Category: Procedural Law | Date: | Hits: 122

Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)

....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......rt from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pubali Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991.  Cases Referred to- ..

Category: Labour and Industrial Law | Date: | Hits: 103

Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)

....s heard and dismissed on 25th August, 1984. 2. Respondent No.1 filed a revisional application, Civil Revision No.773 of 1984, before the High Court Division. On 30th July, 1985 on his prayer Md. Altaf Hossain, J. of the High Court Division allowed the revisional application to go out of t......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......sposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ....... Mela Ram & Sons Vs. Commissioner of Income Tax Punjab, AIR 1956 (SC) 367; Banwarilal Bhoid Vs. Neelkantham AIR 1965‑Orissa 102, Jagat Jamani Dibi Vs. Jyotsna Basu AIR 1978 Calcutta 392 and Surinder Kaur Vs. Mohinder Bahadur Singh AIR 1978 HP 27. Lawyers Involved: Khondka..

Category: Property Law | Date: | Hits: 64

Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)

....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ...... Latifur Rahman J                 Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents       &n..

Category: Constitutional Law | Date: | Hits: 365

Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)

.... (Revenue) Dhaka and others ..........…Defendants‑Respondents Judgment October 30, 1991 Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah Advocate, with him) instructed by Md. Aftab‑Hossain, Advocate‑on ‑Record ‑ For the Petitioners. B Hossain, Deputy Attorneyâ......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......l". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Ali & others…………………………………………..Plaintiff‑Petitioners. Vs. Circle Officer, (Revenue) Dhaka and others ..........…Defendants‑Respondents Judgment October 30, 1991 Lawyers Invol..

Category: Limitation Law | Date: | Hits: 185

MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)

....sp;                       Muhammad Ramjan Sawdagar vs. AHM Fazlul Huq 15 DLR 99; Md. Wasiq Khan Vs. Md. Sadiq Khan 33 DLR 35; Jaharunnessa Vs. Safed Ali Bepary and others 36 DLR 25......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ...... Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......smissed. Ed. ..

Category: Procedural Law | Date: | Hits: 99

Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)

....case and submitted final report on 9.3.82. Subsequent thereto the case was reopened on the prayer of the Inspector of Criminal investigation Department, Camp Jessore. During investigation on 2.9.82 Md. Ejahar Ali, a non‑appealing accused, made a confessional statement before PW 12 SM Jahru......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......et the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......Ed. ..

Category: Criminal Law | Date: | Hits: 68

Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)

....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......nterfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ...... Ed. ..

Category: Property Law | Date: | Hits: 50

Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)

..............................................Respondent Judgment April 2, 1991. Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate ‑ on ‑Record‑ For the Appellants, Md. Nowab A......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......e meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ...... Ed. ..

Category: Criminal Law | Date: | Hits: 60

Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)

....1918 (PC) 102; SM Bindubashini Chanda Vs. Al haj Jahanara Begum, 1982 BCR (AD) 181. Lawyers Involved: S R Paul, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on‑Record. Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondents. Khondkar Mahbubuddin Ahmed, ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......d without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......1. ..

Category: Tenancy Law | Date: | Hits: 97

Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)

....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......................Appellant.                       Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Ho..

Category: Others | Date: | Hits: 142

BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)

....idullah, Advocates instructed by S. S. Hoda, Advocate-on-Record— For the Appellant.  S. R. Pal, Senior Advocate (on 4. 5. 76) with A. K. M. Shafiqur Rahman, Advocate instructed by Md. M. R. Khan, Advocate-on-Record—For Respondent No. 2. Ex-parte—Respondent No......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ...... Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N. 405. Lawyers Involved: T. H. Khan, Senior Advocate with Mahbubur Rahman, A. N. M. Shahidullah, Advocates instructed by S. S. Hoda, Advocate-on-Record— For the...... The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May 5, 1976. Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N. 405. Lawyers Involved: T. H. Khan, Senior Advocate with Mahbubu..

Category: Labour and Industrial Law | Date: | Hits: 144

Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)

....pellant Division (Civil) Present: Ahsanuddin Choudhury, J.  Kemaluddin Hossain, J.   Fazle Munim, J.       Md. Amirul Islam........... Appellant          ......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......rul Islam........... Appellant                Vs. The Hon'ble Judges of the High Court Division (Sc) of Bangladesh and Govt. of Bangladesh …… ….Respondents Judgment   &nbs..

Category: Others | Date: | Hits: 157