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Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)

....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......ash;AIR 1922 P.C. 80; Lenhon Vs. Gibson and Howes Ltd. 1919 A.C. 709; Secre­tary of State for India Vs. Chelikani Rama Rao, L.R. 43 LA. 193 and Hem Singh vs. Basant Das, L.R. 63 IA 180. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-Gene­ral with M/S. Ronadhir Sen, De......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..

Category: Property Law | Date: | Hits: 135

Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)

....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......es.......................................... Appellant Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed and others. ………..Respondents Judgment August 18, 1976 Lawyers Involved: Abdul Malek, Advocate instructed by S. M. Huq, Advocate-on-Record—For the App......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..

Category: Tenancy Law | Date: | Hits: 76

Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)

.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......173 & Sher Ali Vs. State (1958) 10 DLR 374 ; Akam Sheikh Vs. Emperor. AIR 1947 Cal. 35; Kalaporla vs. Hyderabad Court, AIR 1953 Hyd. 249; Begu & ors. Vs. King Emperor, AIR 1925 130. Lawyers Involved: T. H. Khan, Advocate with Rabeya Bhuiyan, Advocate, instructed by S. M. Hu...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..

Category: Criminal Law | Date: | Hits: 61

Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)

....ife, on maintaining the conviction the convict under section 302 of the Penal Code.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 115. ......ife, on maintaining the conviction the convict under section 302 of the Penal Code.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 115. ......ife, on maintaining the conviction the convict under section 302 of the Penal Code.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 115. ......ife, on maintaining the conviction the convict under section 302 of the Penal Code.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 115. ..

Category: Criminal Law | Date: | Hits: 74

Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)

.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 113. ......nd thus they committed culpable homicide not amounting to murder under part II of section 304 of the Penal Code. ……………………( 9 & 10) Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record—For the Appellants. ...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 113. ..

Category: Criminal Law | Date: | Hits: 59

Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)

....hat view of the matter, we no merit in this petition and the same is accordingly dismissed   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 112. ......hat view of the matter, we no merit in this petition and the same is accordingly dismissed   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 112. ......th the appropriate forum i.e. the Administrative Appellate Tribunal, writ petition before the High Court Division is not maintainable……………(6)   Lawyers Involved:   B Hossain, Advocate-on-Record—For the Petitioner ......hat view of the matter, we no merit in this petition and the same is accordingly dismissed   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 112. ..

Category: Administrative Law | Date: | Hits: 132

Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)

....for our interference.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......for our interference.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......lso found that illegality has been committed in not calling for the record of the earlier Title Suit No. 21 of 1968 over which the present suit has been filed……..(4)   Lawyers Involved:   Abul Quasem, Advocate-on-Record—For the Petitioner. ......for our interference.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..

Category: Property Law | Date: | Hits: 74

Abdul Khaleque Vs. State, 2001, 30 CLC (AD)

....ble doubt at the trial and appeal.   The petition is therefore dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ......ble doubt at the trial and appeal.   The petition is therefore dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ......losing the death due to poisoning subsequently finding the death caused due to injuries being homicidal in nature, there is no bar in filing a second FIR stating the real cause of death. Lawyers Involved:   Md. Nawab Ali, Advocate-on-Record-For the Petitioner &......ble doubt at the trial and appeal.   The petition is therefore dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ..

Category: Criminal Law | Date: | Hits: 67

Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)

....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 100. ......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 100. ......court can not be considered beyond the law whenever offence on the same transaction falls on different categories as per law triable by separate courts with separate jurisdiction.   Lawyers Involved:    Sk Afzalur Rahman, Advocate instructed by Nawab Ali, Advo......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 100. ..

Category: Criminal Law | Date: | Hits: 65

Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)

....ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ......ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ...... not be delayed to frustrate the process of the election and their such absence shall not render the election process unlawful………(22 & 23)      Lawyers Involved:   Rafique-ul-Huq, Senior Advocate, instructed by Md. Aftab Hos......ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ..

Category: Election Law | Date: | Hits: 124

Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)

.... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... take necessary action to conduct the company’s affairs in the manner prescribed in the articles of association, committed no illegality by passing the order……(9)   Lawyers Involved:   AFM Hasan Arif, Advocate, instructed by Sharifuddin Chakiade...... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ..

Category: Business or Commercial Law | Date: | Hits: 95

Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)

....ence.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......ence.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......tion of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference.    Lawyers Involved:   MA Jalil, Advocate, instructed by Md Nawab Au, Advocate-on-R......ence.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ..

Category: Procedural Law | Date: | Hits: 82

Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)

.... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ...... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ......nbsp; Cases Referred to-   Bangalore Medical Trust vs. BS Muddappa AIR 1991 (SC) 1902; Giasuddin vs. Dhaka Municipal Corporation 1997 BLD 577.   Lawyers Involved:   Mahmudul Islam, Senior Advocate, (KM Saifuddin, Advocate...... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)

....issued in the said Writ Petition stands discharged.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 77.   ......issued in the said Writ Petition stands discharged.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 77.   ......fore the order of confiscating the goods in the absence of the show-cause notice under the section could not make the order of confiscation as illegal……(9)     Lawyers Involved:   Mahbubey Alam, Additional Attorney-General, instructed by Su......issued in the said Writ Petition stands discharged.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 77.   ..

Category: Business or Commercial Law | Date: | Hits: 99

Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)

.... appeal. Accordingly, it is dismissed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 74.   ...... appeal. Accordingly, it is dismissed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 74.   ......ame cannot be allowed to introduce a new case which was not necessary to resolve the real dispute between the parties………………(8-10)    Lawyers Involved:   Md. Hannan, Senior Advocate, instructed by Md. Nawab Ali, Ad...... appeal. Accordingly, it is dismissed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 74.   ..

Category: Property Law | Date: | Hits: 58

Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)

....this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 70.   ......this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 70.   ......   Cases Referred to-   Dr. Nurul Islam vs. Bangladesh and others 33 DLR (AD) 201; Attorney-General vs. Times Newspapers Ltd & another (1991) 2 All England Law Reports 398.   Lawyers Involved:   Dr. M Zahir Senior Advo......this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 70.   ..

Category: Business or Commercial Law | Date: | Hits: 131

Abdul Alim Vs. State and others, 2001, 30 CLC (AD)

....party.   The Petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 64. ......party.   The Petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 64. ......could not be any proceeding under section 145 of the Code of Criminal Procedure in respect of the same property…………………(4)    Lawyers Involved:   Mujibur Rahman, Senior Advocate, instructed by Md. Nawab Ali......party.   The Petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 64. ..

Category: Criminal Law | Date: | Hits: 62

Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)

.... suit.   In the result the appeal is allowed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 63. ...... suit.   In the result the appeal is allowed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 63. ...... requirement is always with landlord but he is under legal obligation to prove that he needs the premises for such requirement……………(11)    Lawyers Involved:   SS Halder Senior Advocate, instructed by Md. Aftab Hossain, ...... suit.   In the result the appeal is allowed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 63. ..

Category: Property Law | Date: | Hits: 69

Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)

....gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62.   ......gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62.   ......ding as to whether those disclose a cause of action and while deciding an application for rejection of the plaint the court must not travel beyond the averments made in the plaint.............(7) Lawyers Involved: Shafique Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Recor......gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62.   ..

Category: Civil Law | Date: | Hits: 105

Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)

.... of the Civil Revision No. 1900 of 1991 before the High Court Division.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 56. ...... of the Civil Revision No. 1900 of 1991 before the High Court Division.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 56. ......claration of title the revision arising from the decision of the appellate decree is required to be disposed of on merit………………(6)    Lawyers Involved:   Md. Nawab Ali, Advocate-on-Record—For the Appellant....... of the Civil Revision No. 1900 of 1991 before the High Court Division.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 56. ..

Category: Property Law | Date: | Hits: 46