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Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)

.........................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991. Lawyers Involved: TH Khan, Senior Advocate, (MA Wahhab Miah, Advocate with him) instructed by Abu Backkar, Advocate-on-Record-For the......e Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Samirun Nessa ......................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991....... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 54

Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)

.................. ...................Petitioner Vs. Enamul Huq and another... ...............Respondents Judgment May 2, 1991. Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represe......minal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rahim @ ANM Abdur Rahim ................ ...................Petitioner Vs. Enamul Huq and another... ...............Respondents Judgment May 2, 1991.......it develops into an infectious practice we like to nip this unhealthy trend in the bud.            The petition is dismissed. Ed. ......it develops into an infectious practice we like to nip this unhealthy trend in the bud.            The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 34

Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)

....Appellants Vs. The State....................................................... Respondent Judgment March 17, 1991. Lawyers Involved: Golam Rabbani, Senior Advocate, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellants. Mvi. Wahidulla ......t: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Saimuddin (Md) alias Saimuddin & others .................................Accused-Appellants Vs. The State....................................................... Respondent Judgm...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ..

Category: Criminal Law | Date: | Hits: 37

Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)

.....Appellant Vs. Rajeswar Ghose & others (In both the appeals) ....................Respondents Judgment October 28, 1990. Lawyers Involved: Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record (In both the appeals) - For the Appell...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Ashraf Ali Molla (In both the appeals) ...............Appellant Vs. Rajeswar Ghose & others (In both the appeals) ....................Respondents ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 31

Muzaffar Ali and other Vs. Government of Bangla­desh and another, 1991, 20 CLC (AD)

....llants Vs. Government of Bangla­desh and another........................Respondent Judgment February 27, 1990. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-­Record-For the Appellants. AW Bhu......ision (Writ) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Muzaffar Ali and other..................................................Appellants Vs. Government of Bangla­desh and another........................Respondent Judgm......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ...... Bangladesh having migrated from Murshidabad, India, in 1964, after exchanging their Indian property with the aforesaid premises at 7 Wiseghat Road, Dhaka, which originally belonged to one Akhanda Kumar Bose alias Ajit Kumar Bose. On his death the said property devolved on his son Proddyut Kumar..

Category: Property Law | Date: | Hits: 36

Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)

.... Ali Mia and others............................ Respondents Judgment August 29, 1990. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record-For the Appellant. Bahauddin Ahmed, Advocate instructed by Md. Aftab Hos...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh…………….................Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......in the same. Priyanath Das and others sold the entire pattani howla in 1928 to Fazar Ali and others, predecessors-­in-interest of some plaintiffs and defendant Nos. 2-15. On 20.11.1931 Jatindra Kumar Basu and Basanta Kumar Basu auction purchased the entire pattani howla which was put to sale..

Category: Property Law | Date: | Hits: 28

Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)

.... Latifur Rahman J Fazar Ali alias Manik Chand………Petitioner Vs. Fazar Ali and others...................Respondents Judgment February 6, 1991. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented......petition is dismissed. Ed. ...... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ...... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)

.... Latifur Rahman J Abdul Kader Chowdhury..............Petitioner Vs. Nurul Islam and Others.................Respondents Judgment August 7, 1990. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented......rted in: ......ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 105

Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)

....Satnappa Chetti & ors Vs. Thayyanyaki Ammal, AIR 1942 Mad. 698; Anukul Chandra Chakravarti Chairman, Dhaka Dist. Board, AIR 1928 Cal 485. Lawyers Involved: Md. Mozammel Huq, Senior Advocate instructed by Md. Aftab Hossain, Advocate-Record-For the Appellant TH Khan, Senior ......Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong........................Defendant-Appellant Vs. Most. Sharifjan Bibi and others.......................Plaintiff –Respondents ...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..

Category: Civil Law | Date: | Hits: 99

Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)

.... Abdul Latif Bhuiyan & others....................... ...... Plaintiff-Respondents Judgment March 27, 1990. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Md. Af......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Quazi Nowab Faruque & another......................... Defendant-Appellants Vs. Abdul Latif Bhuiyan & others....................... ...... Plaintiff-Respondents ......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ..

Category: Civil Law | Date: | Hits: 91

The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)

............…..Appellant Vs. Mofazzal Hossain Pramanik ..................Respondent Judgment June 27, 1990. Lawyers Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Respondent. Criminal Appeal No. 10 of......ismissed, Ed. ......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..

Category: Criminal Law | Date: | Hits: 49

Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)

....in the judgment resulting in the conviction of the appellants. In view of the above the appellants are entitled to benefit of doubt and they are acquitted. Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Sharifuddin Chakladar, Advocate-on-Record‑For the Appellants. B Hossain......preme Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Nurul Islam and others......... Accused-Appellants Vs. The State................................Respondent Judgment August 16, 1990. Resu......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ..

Category: Criminal Law | Date: | Hits: 51

Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)

....New Dhaka In­dustries Ltd. v. Quamrul Huda, 31 DLR (AD) 234, Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 33 DLR (AD) 321. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (Md. Khalilur Rahman, Advocate with him), instructed by Syed Sakhawat Ali, Advocate-on-Rec...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur...........Appellants Vs. Md. Sanaullah........................................Respondent Judgment June 13, 1988......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..

Category: Employment/Service Law | Date: | Hits: 143

Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)

....de-aspects arising out of a piece of evidence. ……….(10) Cases Referred to- Abdur Rashid Khondoker Vs. Chandu Master & ors, 16 DLR (SC) 605. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Abul Quasem, Advocate-on-Record— For the Appellant. B. Hossain, Advocat......rt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kashem Ali.……………………………..Appellant Vs. The State & ors.................Respondents Judgment August 11, 1988. Criminal Appe......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..

Category: Criminal Law | Date: | Hits: 53

Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)

....d to prove the charge against the accused beyond reasonable doubt. The appeal is allowed and the order of sentence set-aside…………………(9&10) Lawyers Involved: Khondker Mahbub Hossain, Advocate, Supreme Court, instructed by Syed Sakhawat Ali, Advocate-on-Record, — For the Appellants...... DLR (AD) (1988) 291......s set aside and they are acquit­ted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......s set aside and they are acquit­ted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291..

Category: Criminal Law | Date: | Hits: 53

Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)

....IO and charge sheet not yet submitted on conclusion of investigation, the appellant is entitled to remain on bail granted earlier………………………(3) Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Ap­pellant B. Hossai......290......al is allowed. The ap­pellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......also Reported in: 40 DLR (AD) (1988) 290..

Category: Criminal Law | Date: | Hits: 53

Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)

....hers Vs. State of Bihar AIR 1966 S.C. 1742, State of Andhra Pradesh Vs. T. Narayana AIR 1962 S.C. 240, Zamir Qasim and others Vs. Emperor, ILR 1944 All 403. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-General, instructed by M.......AD) (1988) 286 ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..

Category: Criminal Law | Date: | Hits: 55

Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)

....ot identical. For all these reasons prayer for simultaneous trial is not tenable. The appeal is dismissed…(11 & 12) Case Referred to- 13 D.L.R. Dhaka 414. Lawyers Involved: Serajul Huq, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record, — For the Ap­pellants. B.Ho...... (AD) (1988) 282......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282..

Category: Criminal Law | Date: | Hits: 48

Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)

....st and proper. The order is set-aside and the case is remanded to the High Court Division for disposal according to law………………………(5,6) Lawyers Involved: Shaukat Ali Khan, Senior Advocate instructed by A. Baset Majumder, Advocate-on-Record—For the Appellants. B. Hossain, Ad......ourt Appellate Division (Criminal) Present: B. H. Chowdhury J Shahabuddin Ahmed J M.H. Rahman J and A.T.M. Afzal J Saidur Rahman alias Chan Miah & Others.........Appellants Vs. The State…………………………………….Respondents Judgment June 20, 1988...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ..

Category: Criminal Law | Date: | Hits: 97

Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)

....y granted is set-aside. Realisation of fine be stayed till disposal of the appeal and the bail shall continue till then…………………………(4 & 5) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellant. A. W. Bhui...... Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Iqbal alias Salim…………Appellant Vs. The State…………………………..Respondent Judgment August, 1988. Criminal......ill con­tinue on the bail and realisation of the fine will re­main stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......ill con­tinue on the bail and realisation of the fine will re­main stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ..

Category: Criminal Law | Date: | Hits: 56