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Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)

....t disposed of. In case of the relevant suit being not disposed of for any reason the execution case shall proceed in accordance with law…………………(8) Lawyers Involved: Mahmudul Islam, Advocate instructed by Kazi Ebadul Hoque, Advocate-on-Record— For the appellants. Ex parte—......reme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Soleman Miah & ors..................Appellants Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors............Respondents Judgment No......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..

Category: Civil Law | Date: | Hits: 106

Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)

....v. Palakdhari Singh (1889) All. 1, F.B., Abdullah and others V. Abdul Karim and others, 20 DLR SC 205, Nani Bai V. Gita Bai, AIR 1958 SC 70. Lawyers Involved: S.R. Pal and M.H. Khondkar, Senior Advocates instructed by Miah Abdul Gafur, Advocate-on-Record— For the-appellants (In both the appe......sion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy Commissioner, Revenue, Noakhali & Assistant Custodian of Vested a......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......h the Notice for surrendering it was illegal and void. 3. The suit land originally belonged to one Shashi Bhusan Mujumder, on whose death in or about the year 1943, his six sons including Hemendra Kumar Majumder inherited it along with other properties of Shashi Bhusan. After the death of Shash..

Category: Procedural Law | Date: | Hits: 146

Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)

....a Bibi, 5 DLR 39; Kumudini v. Rashik, 11 CWN 517; Kameswari Dasya v. Sishuram Deka, AIR 1924 Cal. 792 and Ram Ray Singh v. Rajendra Singh, AIR 1943 All. 247. Lawyers Involved: T.H. Khan, Senior Advocate, (MA. Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record�...... 41 DLR (AD) (1989) 92 ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..

Category: Others | Date: | Hits: 106

Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)

....Devi vs. Mahendra Narain Singh AIR 1981 Patna 133 and Harisadhan De vs. Radhika Prosad AIR 1938 Cal. 202, State of Bihar vs. Subodh Gopal AIR 1968 SC 281. Lawyers Involved: M.H. Khandker Senior Advocate (A.J. Mohammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Rec...... ......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..

Category: Property Law | Date: | Hits: 36

Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)

.... event of the fact that questions of fact were disputed. The judgement and order of the High Court Division is set-aside and the writ is recalled……….(5) Lawyers Involved: Nurullah, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocates-on-Record—For the Appellant. Ishtiaq Ahm......9) 87 ......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ..

Category: Election Law | Date: | Hits: 110

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

....r Singh Gill and another Vs. The Chief Election Commissioner A.I.R. 1978 (SC) 851, Akbar Ali vs. Raziur Rahman Khawaja and others 18 D.L.R. (SC) 426. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record—For the appellant (In Civil Ap......ppellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M H Rahman J ATM Afzal J A.F.M. Shah Alam...........Appellant (In Civil Appeal No. 40 of 1988) Vs. Mujibul Huq & Others………Respondents (In Civil Appeal No. 40 of 1988) Mozammel Hos......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..

Category: Election Law | Date: | Hits: 165

Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....rontier Province V. Suraj Narain Anand 751. A. 342; Pakistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on- Record. — For the Appellant. Mvi. Md. Wahidullah, Advocate-on-Record. — For Resp...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Executive Engineer, Public Health, Barisal Division, Barisal………………….Appellant Vs. Mohammad Ali & ors.............. Respondents Judgment February 15, 1989. The ......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..

Category: Employment/Service Law | Date: | Hits: 103

Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)

.... permitted to continue his business in the present shop in the restricted manner as agreed upon earlier, till the shop is shifted…….…………….(14) Lawyers Involved: S.R. Paul, Senior Advocate, instructed by Kazi Ebadul Huq Advocate-on-Record— For the Appellant. B. Hossain, As....... ...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..

Category: Others | Date: | Hits: 125

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....Co. Vs. Parrish, (1936) 300 U.S. 379 at page 400; AIR 1955 SC 166; R.K. Garg Vs. Union of India AIR 1951 SC 2138. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Fida M. Kamal, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the Appellant. ......ourt Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sheikh Abdus Sabur................................Appellant Vs. Returning Officer, District Education Officer-in-charge, Gopalganj & others.....Responden......the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ......ses Referred to- AIR 1971 SC 530 (564); Southern Rly Co. V. Greane, 216 U.S. 400; Smt. Indira Gandhi V. Raj Narayan, AIR 1975; State of West Bengal v. Anowar Ali Sarkar, AIR 1952, SC 75; Dhirendra Kumar Vs. Government of West Bengal, AIR 1954, SC 424; Panduranga Rao vs. Andhra Pradesh Public Serv..

Category: Election Law | Date: | Hits: 212

Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)

....tenant from the suit premises. Thus the appeal is dismissed…………(10&11) Cases Referred to- Amar Chandra Saha vs. Ajit Kumar Das, 33 DLR (AD) 37. Lawyers Involved: T. H. Khan, Senior Advocate, Lutfur Rahman Mondal, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Reco......rt Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Shambhu Nath Saha...............................Appellant Vs. Alfazuddin Ahmed & ors..........................Respondents Judgment May 4, 1988. Th......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27...... tenant under the plaintiff the defendant cannot evade ejectment as a tenant from the suit premises. Thus the appeal is dismissed…………(10&11) Cases Referred to- Amar Chandra Saha vs. Ajit Kumar Das, 33 DLR (AD) 37. Lawyers Involved: T. H. Khan, Senior Advocate, Lutfur Rahman Mondal..

Category: Others | Date: | Hits: 96

Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)

....f exercise of discretion must be performed upon correct judicial principles, which has been violated and the appeal is allowed……………………(9) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record— For the Appellants. Mahbubur Rahman, Advocate instructed by Sharifuddin Cha......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh Sericulture Board & another……………………….Appellants Vs. Md. Fazlur Rahman Akunjee & another……………………………Respondents Judgme......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..

Category: Employment/Service Law | Date: | Hits: 89

Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)

....r and Official Liquidator, Pass Bank Ltd. Vs. Nabadwip Chandra Fodder, 27 DLR (AD) 133; AIR 1936 A11.858, 15-IC 551 and LLR 39 Mad, 645; 9 DLR 1. Lawyers involved: Hamidul Huq Chowdhury, Senior Advocate (Abdus Subhan and B. Hossain Advocates with him) — For the Appellants. K.A. Bakar, S......Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haroon Moten...........................................Appellant Vs. Mahaluxmi Bank Ltd. & ors.........................Respondents Judgment June 25, 1980.......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..

Category: Banking Law | Date: | Hits: 103

Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)

..... The impugned Judgment is thus not sustainable in law…………(6 & 9) Case Referred to- Erfan Ali V. Joynal Abdein Mia, 1983 BLD (AD) 342. Lawyers Involved: Rafiqur Rahman, Senior Advocate instructed by Serajur Rahman, Advocate-on-Record—For the Appellant. Abdul Hamid, Advoc......e Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Naimuddin Sarder alias Naimuddin Sarder..................Appellant Vs. Md. Abdul Kalam Biswas alias Md. Abul Kalam Nasiruddin alias Abul Kalam Azad & another......... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..

Category: Property Law | Date: | Hits: 46

Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)

....ausing bodily injury that resulted in death of the victim. Hence he is guilty of an offence under section 304 Part 1 of the Penal Code.………….(9) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by A. Basel Majumder, Advocate-on-Record, —For the Appellant. Syed J. R. M......ourt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Lal Miah alias Lalu........................Appellant Vs. The State...................................Respondent Judgment September 2, 1987 Th......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ..

Category: Criminal Law | Date: | Hits: 53

Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)

.... persons may be joined as defendant claiming relief against all……………………….(15) Lawyers involved: B. N. Chowdhury, Advocate, Jane Alam, Senior Advocate Shaheed Alam, Advocate with him, instructed by Zinnur Ahmed, A......hury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Railway ........................................................Appellant Vs. M/s. Chartering and Shipbroking Corporation. .............Respondents Jud......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..

Category: Civil Law | Date: | Hits: 89

Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)

....en for the purpose of appeal it shall be deemed to be a court of Session under the Criminal Procedure………….(12) Lawyers involved: Khalilur Rahman, Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant. Ex-pa......Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Maqbul Hossain & ors...................................................................... Appellants Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd. ...............Respondent......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ..

Category: Labour and Industrial Law | Date: | Hits: 98

Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)

....e case and the document is exempt from registration……….(7) Case Referred to- Hemendra Kumari vs. Middnapur Zamindary, A.I.R.1919 P.C. 79. Lawyers involved: M. H. Khondker, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellants. Md. Yasi...... Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jonab Ali Sarder & ors………………….Appellants. Vs. Taser Ali Fakir & another.................................Respondents Judgment Augus......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......early shows that the entire dags were subject-matter of the compromise. Therefore clause 6 covers the case and the document is exempt from registration……….(7) Case Referred to- Hemendra Kumari vs. Middnapur Zamindary, A.I.R.1919 P.C. 79. Lawyers involved: M. H. Khondker, Senior ..

Category: Property Law | Date: | Hits: 49

Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)

....ng vs. Munshi Ali Hussain (1954) 6 DLR 641. Lawyers involved: A.W. Bhuiyan, Additional Attorney General (B. Hossain, Assistant Attorney General with him) instructed by A. W. Mian, Advocate-on-Record- For the appellant. Shahabuddin Ahmed, Advocate-on-Record— For the......ATM Masud J Syed Md. Mohsen Ali J Govt. of Bangladesh represented by the Director of Movement & Storage Department of Food ........................ Appellant. Vs. Jalaluddin Ahmed ...............................................Respondent. J......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..

Category: Civil Law | Date: | Hits: 111

Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)

....vs. Suresh Chandra Roy, 34 CLJ 364; Jogesh Chandra Das vs. Farida Hasan (1983) BLD 225 (AD); Gomathinayagam Pillai vs. Palahiswami. AIR (1967) SC 868. Lawyers Involved: M.H Khondker, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the appellants. B.N. Ch......il) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhry ATM Masud J Syed Md. Mohsen Ali J Ram Chandra Das & others. ...................................Appellants Vs. Md. Khalilur Rahman & another........................ Respondents Judgment Fe......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ..

Category: Civil Law | Date: | Hits: 109

M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)

....favour of the appellant company. This Court, therefore, disallow the interest outstanding for the period during the pendency of the suit……(69) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmul Islam and Shaheed Alam, Advocates with him instructed by Syed Sakhawat Ali, Advocat......ivil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. M. M. Ispahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. ...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......ll realisation is matter of discretion of the Court. This also find support from the opinions expressed by the Judicial Committee of the Privy Council in the case of Bipradas Pal Chowdhury Vs. Kamini Kumar Lahiri, AIR 1922 PC 43 and Lala Hakim Rai Vs. Lala Ganga Ram, AIR 1942 PC 61. 67. On behal..

Category: Civil Law | Date: | Hits: 110

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