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Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)

....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......pondents Judgment June 6, 1991. Result: The appeal is allowed. Case Referred to- Nasiruddin Vs. Sayadur Rahman, AIR 1914 (Cal) 527; Dokari Joddar Vs. Nilmani, AIR 191 (Cal) 983. Lawyers Involved: SS Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate‑on......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 93

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

....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. ......f 1991) Abu Taleb alias Tyeb and anothers............Appellants Vs. Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wah......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. ..

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

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

....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. ...... Md Serajuddin and others...... Pre‑emptees‑Respondents (In Civil Appeal No. 53 of 1989) Judgment January 6, 1992. Case Referred to- Govinda Marotisa vs. Ismail AIR 1950 Nag 22. Lawyers Involved: M Nurullah, Senior Advocate, Supreme Court, instructed by Sharifuddin Chaklader......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. ..

Category: Property Law | Date: | Hits: 70

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

....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. ......Mannan and others .........................Accused‑Appellants. Vs. State ....... .............................................Respondent Judgment July 9, 1991 Lawyer Involved: Md. Aftab Hossain, Advocate‑on‑Record-For the Appellants. ......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. ..

Category: Criminal Law | Date: | Hits: 60

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

.... 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 ......9;Respondents Judgment July 24, 1991 Cases referred To: Agni Kumar Das vs. Mantazuddin AIR 1928 (Cal) 610 & Gaetano Colaco vs. Joao Rodrigaes AIR 1966 Goa 36. Lawyers Involved: Aminul Haque, Advocate instructed by Sharifuddin Chaklader, Advocate‑...... 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 ..

Category: Criminal Law | Date: | Hits: 53

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

....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. ......t Ali and others ......................................Condemned prisoners‑Appellants Vs. The State .....................Respondent Judgment August 6, 1991 Lawyers Involved: Md. Abdus Sobhan, Advocate, instructed by Md. Ataul Haque, Advocate‑......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. ..

Category: Criminal Law | Date: | Hits: 69

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

....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. ......others Vs. Sarfaraz Khan and others PLD 1956 SC (Pak) 309; Aurangzeb and 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&#......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. ..

Category: Property Law | Date: | Hits: 56

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

....sp; Ed. ...... Ekram Mia Chowdhury (Plaintiff in the suit) being dead his heirs; Mahmuda Khatun & others...………. Plaintiff‑Respondents Judgment March 19, 1991 Lawyers Involved: M Nurullah, Senior Advocate instructed by B Hossain, Advocate‑onR......sp; 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. ...... 13, 1991. Cases Referred to- Radha Kissen Chamria and others Vs. Durga Prosad Chamria AIR 1940 PC 167 & Commissioner of Income tax Vs. Vadilal Lallu Bhai AIR 1973 (SC) 1016. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Khalilur Rahman, Advocate with him) instruct......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. ..

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

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

....y been withdrawn the writ petition had become infructuous; and that the detenu is now in custody as a convict, serving out a sentence of seven years rigorous imprisonment upon conviction by Special Martial Law Court No. 1 in Tangail PS Case No. 15(4)76 and GR No. 385(2)76 under MLR No. 11/9 of th......tate of Hyderabad, AIR (38) 1951 SC 217; BR Rao vs. State of Orissa AIR 1971 (SC) 2197; Bonomally Gupta ILR 1917 (Vol 54) Calcutta 723; Nazir Ahmed vs. King Emperor AIR 1936 PC 253. Lawyers Involved: Amirul Islam, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advoc......urth Schedule inserted there by the Constitution (Fifth Amendment) Act 1979 (Act I of 1979) and it is still in force under section 6(a) of the General Clauses Act, 1897, made applicable to the said Proclamations and the Martial Law Regulations and Martial Law Orders promulgated during the Martial..

Category: Constitutional Law | Date: | Hits: 365

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

....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. ......��……………………………………..Plaintiff‑Petitioners. Vs. Circle Officer, (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. ......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. ..

Category: Limitation Law | Date: | Hits: 185

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

....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. ......llip;……………………………………..Respondent Judgment March 28, 1991 Lawyers Involved: Khondker Mahbub Hossain, Senior Advocate, instructed by M Nowab Ali Advoc......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. ..

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. ......ti Guha and others..........................Appellants Vs. Brajendra Lal Dhar and others……....................Respondents Judgment January 16, 1991. Lawyers Involved Azizur Rahman Chowdhury, Advocate instructed by Miah A. Gafur, AdvocateR......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. ..

Category: Property Law | Date: | Hits: 50

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

....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. ......51 Bom. 127; Usha Rani Devi Vs. The Research Industries Ltd., 50 CWN, 461; Harihar Banerji Vs. Ramshasi Roy, AIR 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�......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. ..

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. ......ne 8, 1976. Cases Referred to: Golam Hossain Sherazee Vs. Province of East Pakistan (1966) 18 DLR 52 PLD 1967 Dacca; Khawaja Maynuddin Vs. Province of East Pakistan 21 DLR 886. Lawyers Involved: K. A, Bakr, Attorney General with Abdul Wadud Bhuiyan, Assistant Attorney-......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. ..

Category: Others | Date: | Hits: 142

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

....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. ......tagong & 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 Mahbubur Rahman, A. N. M. Shahidullah, Ad......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. ..

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)

....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. ......p;.Respondents Judgment June 2, 1976. Lawyers Involved: Mustafa Kamal, Advocate, instructed by S, S. Hoda, Advocate-on-Record&mdas......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. ..

Category: Others | Date: | Hits: 157

FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)

....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......atajagdobey Vs. H. C. Bhari, P.L.D. 1957 (S.C.) (India) 160; Syed Ahmad Vs. The State, 1958, 10 D. L. R. (S. C.) 12 PLD 1958 (S.C.) 27; Baijnath Vs. State of M.P. in A.I.R. 1966, 220. Lawyers Involved: Amirul Huq, Advocate-on-Record—For the Appellant. A. T. M. Af......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 66

Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)

....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ...... Shera Vs. The Crown (6 D.L.R. (F.C.) 80), State of Andh. Pra. Vs. T. Narayana (AIR 1962) SC. 240, Lakhan Mahto Vs. State of Bihar (AIR 1966, SC. 1742); Shera Vs. The Crown (6 BLR (FC) 80). Lawyers Involved: S.R, Pal, Senior Advocate, Supreme Court, instructed by Mohd. A. Aziz, Adv......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)

....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ...... 146); Empress of India Vs. Ajudhia (2 Allahabad (644), In re-Natesa Mudaliar, A.I.R. 1945 Madras, 330. Sital Vs. Emperor AIR 1942 Oudh. 214. Reg. Vs. Tukay Bin Tamana, I.L.R. 1 Bombay 214. Lawyers Involved: Md. Behatar Ali, Advocate-on-Record—For the Appellant. M......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 74

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