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Siraj Miah Vs. Bangladesh and ano­ther, 1980, 9 CLC (AD)

....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to conti­nue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......and the proceeding are to conti­nue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......ce of the offence suo moto or upon receipt of a complaint other than a Police report by a competent officer or in the course of hearing of a revisional application. Lawyers Involved: Abdul Wadud Khandker, Advocate with Habibul Islam Bhuiyan, Advocate instructed by S.M. Huq, Advocate-on-Recordâ€......AD) (1980) 35 ..

Category: Criminal Law | Date: | Hits: 60

Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)

....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......dul Wadud Khondker, Advocate, with Habibul Islam Bhuiyan, Advocate, instructed by S. M. Haq, Advocate on-Record—For the Appel­lant. Abdus Sobhan, Additional Attorney-General, instructed by M.R, Khan, Advocate-on-Record — For the Respondents. Criminal Appeal No. 29 of 1978. (From the ......) (1980) 33 ..

Category: Criminal Law | Date: | Hits: 63

Abul Khair Miah be­ing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)

....vision is set aside and the impugned order of the Enemy Property authority is de­clared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ...... is de­clared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......65, to establish that the property is enemy property. Having failed to discharge the burden of proof of declaring the property as Enemy Property, was without Jurisdiction. Lawyers Involved: M.H. Khandker, Senior Advocate, ins­tructed by B.C. Panday, Advocate-on Record —For the Appellants. ......) Present: Kemaluddin Hossain C.J.  Ruhul Islam, J J. K M. Subhan, J. Badrul Haider Chowdhury, J. Abul Khair Miah be­ing dead his heirs: Abul Kashem and ors. …..Appellants. Vs. Bangladesh and others……………………………………….Respondents Judgment ..

Category: Property Law | Date: | Hits: 58

Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)

....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......ll continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......Bengal v. S.N. Basak, AIR 1963 SC 447; Uttar Pradesh v. Md. Naim, AIR 1964 SC. 703 at 705; Ratilal Bhanji Mithan Vs. Asstt. Collector of Customs, AIR 1967 SC 1639 at 1641; Golam Mohammad Vs. Mozammel Khan, (1967) 19 DLR SC 439 and Govern­ment Vs. A.T. Mridha (1974)26 DLR (AD) 17 at pp 21, 25; AIR 1......te Division (Criminal) Present: Kemaluddin Hossain, CJ. F.K.M.A.  Munim, J. Ruhul Islam, J. K. M. Subhan, J. Bangladesh..........................................Appellant Vs. Shahjahan Siraj @ Sirajul Islam..................Respondent Judgment Aug. 22, 1978. ..

Category: Criminal Law | Date: | Hits: 66

Coal Controller, Govern­ment of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)

....petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......ddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Coal Controller, Govern­ment of Bangladesh........................Petitioner Vs. Ventura Industries Ltd.....................Respondent Judgment August 19,..

Category: Others | Date: | Hits: 90

Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)

....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......Maharaj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-Record–For the Appel......e Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Sublian J. Yusuf .............................Appellant Vs. Mofzal Ahmed Sowdagar............................Respondent Judgment Marc..

Category: Others | Date: | Hits: 119

Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)

....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......3) 175 ......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J. Mofazzal Hossain Mollah and others .........................Accused-Appellants Vs. State ..........................Respondent Judgment May 10th, 1993 ..

Category: Criminal Law | Date: | Hits: 44

Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)

...................Appellant      Vs. Nur Mohammad and others................Respondent Judgment June 15th, 1978. Cases Referred to- Nawab Humayun Begum Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94; Sunder Singh Vs. Managing Committee, 19...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......    Vs. Nur Mohammad and others................Respondent Judgment June 15th, 1978. Cases Referred to- Nawab Humayun Begum Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94; Sunder Singh Vs. Managing Committee, 1938 AIR (PC) 73 & Deo Kuer Vs. She...... Division (Civil) Present: Fazle Munim J Ruhul Islam J KM Subhan J. Jogendra Kumar Dutta ........................Appellant      Vs. Nur Mohammad and others................Respondent Judgment June 15th, 197..

Category: Civil Law | Date: | Hits: 112

Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)

....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......l is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......ision (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J. Inu Mia and others .........................Appellants Vs. Mokhlesur Rahman and others.........................Respondents Judgment ..

Category: Property Law | Date: | Hits: 54

Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)

....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......t January 22, 1992. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, S K Shaha, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. Asrarul Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......ion (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Fazal J Mustafa Kamal J Latifur Rahman J Haji Nurul Alam @ Haji Nurul Alam Sawdagar.....................Appellant Vs. Al‑Haj Abdus Sobhan Sawdagar Wakf Estate and another ....................Respondents Ju..

Category: Property Law | Date: | Hits: 66

Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)

....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ....... Case Referred to- Bangladesh Vs. Jaferuddin, 1986 BLD (AD) 180. Lawyers Involved: TH Khan, Senior Advocate (MA Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate­-on-Record - For the Petitioner. Not represented - The Respondents. ......her...............................Respondents Judgment May 25, 1992. Case Referred to- Bangladesh Vs. Jaferuddin, 1986 BLD (AD) 180. Lawyers Involved: TH Khan, Senior Advocate (MA Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Suruzzamal ..................................Petitioner Vs. Bangladesh represented by Secretary, Ministry of Public Works and Urban Development and ..

Category: Property Law | Date: | Hits: 101

State Vs. Zahir and ors., 1993, 22 CLC (AD)

....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ...... this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......nbsp;                    Abdus Sobhan, with Additional Attorney-Gene­ral, instructed by MR. Khan, Advocate-on- Record­-For the Appellant. Khondker Mahbubuddin Ahmed, Advocate inst...... Ruhul Islam J Badrul Haider Chowdhury J. State............................Appellant                 Vs. Zahir and ors ..............Respondents Judgment November 27th, 1980. ..

Category: Criminal Law | Date: | Hits: 48

Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)

....n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J, Mustafa Kamal J Latifur Rahman J. Abu Yousuf .......................Petitioner Vs. Bangladesh and others .........................Respondents Judgment Augus..

Category: Business or Commercial Law | Date: | Hits: 104

Kalu and another Vs. State, 1993, 22 CLC (AD)

.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......l is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ...... Shahabuddin Ahmed J. Kalu and another........ .....Appellants                      Vs. State ..................................Respondent Judgment July 21st, ..

Category: Criminal Law | Date: | Hits: 58

Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)

....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......rpetrated atrocities upon the local people for which Ekhlasuddin had earned many enemies. The informant party and the accused persons are bitterly and inimically disposed towards each other. Golam Hossain and Belayet, father and maternal uncle respectively of appellant Nawabul Alam were murdered...... 6(six) accused persons as they were not implicated by the eye‑witnesses with the killing of the deceased persons and hence acquitted them. The learned Judges further found that accused Dulu Khan, Intu Khan and Quddus who were convicted by the Sessions Judge, were seriously prejudiced as t...... (Criminal) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nowabul Alam and others……………….Appellants Vs. State………….Respondent Judgment April 13th, 199..

Category: Criminal Law | Date: | Hits: 60

New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)

....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......gineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16, 1993. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record-For the Petitioner......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ...... ..

Category: Banking Law | Date: | Hits: 142

Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)

.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......vil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Re..

Category: Property Law | Date: | Hits: 63

Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)

....nted in connection with any other case.               Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......r 19th, 1992. Lawyers Involved: Abdul Malek, Sr. Advocate, (Zamiruddin Ahmed, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik Advocate-on-Record-For the Respondent. ......nted in connection with any other case.               Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdus Sobahan Howlader and ors………………….Appellants Vs. State   ................................Respondents Judgment Novembe..

Category: Criminal Law | Date: | Hits: 40

Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)

.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman Golchera Khatun being dead her heirs: Akhter Hossain and others (in all the Appeals) ............. Appellant Vs. Sayera Khatoon......... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman Golchera Khatun being dead her heirs: Akhter Hossain and others (in all the Appeals) ............. Appellant Vs. Sayera Khatoon...............................Respondent Judgment December..

Category: Property Law | Date: | Hits: 72

State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)

....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......esent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J. State ……………..Appellant Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan…………......Respondent Judgment ...... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J. State ……………..Appellant Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan…………......Respon..

Category: Criminal Law | Date: | Hits: 41