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Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)

....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......Cases Referred to- Allahabad case 1919 Criminal Law Journal Vol. 20, P. 218, Moynes Vs. Cooper, 1956 Law Reports (Vol. 1) Queens Bench Division, page 439. Lawyer Involved: Jamiruddin Sircar, Advocate instructed by Md. Sajjadul Haque, Advocate-on-Record-For the Ap­pellant. B. Hossain, De......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..

Category: Criminal Law | Date: | Hits: 44

Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)

....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ...... for former trial for possession of unauthorized arms, even if the offence of robbery alleged to have been committed by the said arms………..(5 & 7) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, Gour Gopal Saha, Advocate (with him), instructed by Abdul Baset Majumder, Advocate-on-Reco...... The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ..

Category: Criminal Law | Date: | Hits: 44

Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)

....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......ith the land under proposed settlement, he was not entitled to an order of injunction to maintain his alleged possession……………….(7 & 8) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by A. Baset Majumder, Advocate-on-Record-For the Appellant. Kazi Ebadul Hoqu......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..

Category: Property Law | Date: | Hits: 29

Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)

....s including respondents 6-8 (defendants 7-9) who are said to have attained ma­jority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......of the observance of rule 3 of Order 32 of the Code which will have no practical bearing on the adjudication of the matter. …………………(6 & 7) Lawyers Involved: S. R. Pal, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record.—For the Appellants Exparte.â......s including respondents 6-8 (defendants 7-9) who are said to have attained ma­jority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......s including respondents 6-8 (defendants 7-9) who are said to have attained ma­jority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..

Category: Property Law | Date: | Hits: 85

Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)

.... result, therefore, the appeal is al­lowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......istan, PLD 1970 (SC) 98; Md. Mostafa Hossain Vs. Md. Faruque, 40 DLR (AD) 10; University of Mysore Vs. Govinda Rao, AIR 1965 (SC) 491; AIR 1959, Bombay 2. Lawyers Involved: A.W. Bhuiyan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Dr. Kamal Hossai......y 2. Lawyers Involved: A.W. Bhuiyan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Dr. Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record-For the Respondent No. 1. Respondent Nos. 2—9- Not represented. ...... result, therefore, the appeal is al­lowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..

Category: Election Law | Date: | Hits: 130

Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)

....r the petitioner was unaware of the leave petition filed by the Govern­ment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......rticle 103 Leave petition filed by the state being dismissed upon hearing, there is no scope of hearing fresh leave petition at the instance of the informant. Lawyers Involved: M. A. Matin, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Azizur Rahman Ch......ition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......r the petitioner was unaware of the leave petition filed by the Govern­ment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ..

Category: Criminal Law | Date: | Hits: 41

Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)

....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ...... of same transaction are pending in two courts in different places suit filed later may be stayed till disposal of the earlier one…………..(3) Lawyers Involved: Abu Nasr Md. Gaziul Hoque, Advocate instructed by Md. Aftab Hossain, Ad­vocate-on-Record- For the Petitioner. Asrarul Hossa......r Order XXI, rule-1) Civil Miscellaneous Case No. 1 of 1986. (Transfer) (Arising from Money Suit No. 7 of 1984 pend­ing in the Court of Subordinate Judge, Jessore.) Judgment Shahabuddin Ahmed J.- This rule was is­sued calling upon the respondent to show clause why Money Suit No. 7 of ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..

Category: Procedural Law | Date: | Hits: 110

Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)

....sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......s apprehension of delay in starting trial of the case for various reasons and on that ground the appellants are granted bail till trial commences. Lawyers Involved: Abu Nasar Md. Gaziul Hoque, Advocate, in­structed by Md. Ozair Farooq, Advocate-on-Record— For the Appellant. B. Hossain, ......ial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...

Category: Criminal Law | Date: | Hits: 63

Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)

....s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ...... State, 1988 BLD (AD) 157; (1989) 41 DLR (AD) 129, Abul Farah Vs. Mozammel Huq, 27 DLR 260; Shah Muhammad Vs. Haq Nawaz, 23 DLR (SC) 14. Lawyers Involved: Md. Fazlul Karim with Abdul Malek, Sr. Advocates, instructed by Sharifuddin Chaklader, Advocate-on-Record.—For the Appellants. B. Hoss......the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..

Category: Criminal Law | Date: | Hits: 105

Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)

....t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......d Tenancy Act, disentitling the petitioner to get pre-emption for defect of party in the case pointed out at the earliest opportunity……………(6) Lawyers Involved: M. H. Khondkar, Senior Advocate (A. J. Mohammad Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-R......sed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..

Category: Property Law | Date: | Hits: 36

Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)

....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......hers…..….....Respondents Judgment March 16, 1978. Case Referred to- Bakshu Mian Vs. Govt. of Bangladesh, (1978) 30 DLR (SC) 228. Lawyers Involved: Khondker Mahbuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Record - For the Appellant. B.B. Roy Chowdhury, A...... and others…..….....Respondents Judgment March 16, 1978. Case Referred to- Bakshu Mian Vs. Govt. of Bangladesh, (1978) 30 DLR (SC) 228. Lawyers Involved: Khondker Mahbuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Record - For the Appellant. B.B. Roy Chowd......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..

Category: Criminal Law | Date: | Hits: 43

Managing Com­mittee N.M.C. Model High School & ors. Vs. Obaidur Rahman Chowdhury & others, 1978, 7 CLC (AD)

....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 133.......at Ali Vs. Muhammad Younus Haji, PLD 1963 (SC) 191=15 DLR (SC) 120; Golam Hafez Meah Vs. Khadem Ali Meah 29 DLR 311; Md. Zahoor Ali Khan's case 11 MIA 468. Lawyers Involved: T.H. Khan, Senior Advocate, with Formanullah Khan, Advocate, instructed by A. Backhar, Advocate-on-record - For the Ap......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 133.......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 133...

Category: Property Law | Date: | Hits: 36

Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)

....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......adesh Government & others, AIR 1957 SC 886. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney-General, instructed by B.C. Panday, Advocate-on-Record - For the Appellant. M.G. Rabbani, Advocate, instructed by B. Hossain, Advoca......Vs. Md. Ismail Hossain………….Respondent Judgment April 20, 1977. Cases Referred To- Chairman, Railway Board Vs. Abdul Majid, DLR 1966 SC 532; Abdul Majid Sheikh Vs. Mushaffe Ahmed & another, DLR 1965 SC 63; Parshotam Lal Dhingra v. Union of India, PLD 1958 SC (India) 21......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...

Category: Employment/Service Law | Date: | Hits: 66

Unimarine S. A. Pa­nama Vs. Bangladesh, 1977, 6 CLC (AD)

....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ...... Judgment August 15, 1977. Cases Referred To- Shamsul Hada Vs. Mozammel Huq (1975) 27 DLR 256; Premraj Vs. Maneck Gazi, AIR, 1971 Calcutta 156. Lawyers Involved: S.R. Pal, Senior Advocate, with M. Maiqfizullah and Nurul Islam, Advocates instructed by A. Rab-II, Advocate-on-Recor......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 217

Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)

.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123........ The Hindu Religions Endowments Board, Madras, 53 CWN (PC) 458; Ramjan Khan @ Ramjan Ali Khan Vs. Obaidul Huq Chowdhury & others, 28 DLR (AD) 57. Lawyers Involved: M.H. Khandokar, Senior Advocate, instruc­ted by S.M. Huq, Advocate-on-Record - For the Appellant. S.R. Pal, Senior Adv...... Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123...

Category: Property Law | Date: | Hits: 33

Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)

.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......ppeal is allowed. Cases Referred to- Muhammad Meherali Mondal Vs. Muhammad Karim Ali Sarkar (1965) 17 DLR 365; Abdur Rahman Vs. Baser Ali (1969) 21 DLR 99. Lawyers Involved: M.A. Rouf, Advocate, instructed by Md. Giasuddin Bhuiyan, Advocate-on-Record - For the Appellant. Not Repre...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ..

Category: Property Law | Date: | Hits: 34

P.W.V. Rowe Vs. Chairman Lab­our Court, Chittagong, 1977, 6 CLC (AD)

....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the peti­tion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......¦â€¦...Respondents Judgment January 14, 1977. Case Referred To- National Engineering Industries Ltd. Vs. Hamman, AIR 1968 (SC) 33. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with A.Y. Salehuzzaman, Advocate, instruct by M. R. Khan, Advocate-on-Record - For the pe......tagong…………...Respondents Judgment January 14, 1977. Case Referred To- National Engineering Industries Ltd. Vs. Hamman, AIR 1968 (SC) 33. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with A.Y. Salehuzzaman, Advocate, instruct by M. R. Khan, Advocate-on-Recor......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the peti­tion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..

Category: Labour and Industrial Law | Date: | Hits: 77

Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)

.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ...... Debaranjan Sen & others................Appellants Vs. Md. Abdus Sabur and others………………Respondents Judgment April 16, 1978. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A. Rab—II, Advocate-on-Record - For the Appellants (In both the appeals). ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..

Category: Property Law | Date: | Hits: 32

Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)

....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......State...........Appellant Vs. Fagu Matbar & others…………..Respondent (In Criminal Ap­peal No. 9 of 1977) Judgment March 22, 1978. Lawyers Involved: Shafiqur Rahman, Advocate, instructed by A. Backkar, Advocate-on-Record - For the Appellant (In Criminal Appeal No.8 ......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...

Category: Criminal Law | Date: | Hits: 39

Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)

....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......Harendra Chandra Dhupi (1962) 14 DLR 847; 17 DLR 618; 19 DLR 659; 21 DLR 647; 22 DLR 64; 26 DLR 93; 21 DLR (AD) 5; 38 CWN 288; 38 CWN 654; 43 CWN 200. Lawyers Involved: M. H. Khondker, Senior Advocate with Shafiqur Rahman, Advocate, Instructed by A. Backkar, Advocate-on-Record - For the Appe......; Brojendra Chandra Saha Vs. Debendra Chandra Saha (1965) 17 DLR 618; Mosammat Asimon Nessa Vs. Md. Akbar Ali Sheikh (1967) 19 DLR 639; Ruhul Amin Mestory Vs. Fazar Banu (1969) 21 DLR 647; Serajuddin Ahmed Vs. Sadar Ali (1970) 22 DLR 64; Tamijuddin Ahmed Vs. Guljan Bibi (1974) 26 DLR 93; Motilal Sik......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..

Category: Property Law | Date: | Hits: 32