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Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....al is dismissed…………………(9,11,12) Cases Referred to- 59 C.W.N. 1082; 11 DLR (PC) 143; 9 DLR 601; 13 DLR 101; 11 DLR (PC) 143. Lawyers Involved: Siddique Ahmed Chowdhury, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. T. H. Khan, Se......e Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ahmed Meah...............................Appellant Vs. Ejahar Meah & Ors.... .............Respondents Judgment July 15, 1986. Civil Appeal......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....ra Nath Roy V. Midnapore Zemindary Co. Ltd. 70 C.L.J 218; Chowdhri Gur Narayan and Ors. Vs. Sheo Lai Singh and ors. 23 C.W.N. 521 (P.C) =461.A. 1. Lawyers Involved: Syed Ishtiaque Ahmed, Senior Advocate, (Rokonuddin Mahamud, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Recor...... the pleadings and amount to making out a new case…………………(12) Cases Referred to- Kumar Narendra Nath Roy V. Midnapore Zemindary Co. Ltd. 70 C.L.J 218; Chowdhri Gur Narayan and Ors. Vs. Sheo Lai Singh and ors. 23 C.W.N. 521 (P.C) =461.A. 1. Lawyers Involved: Syed Ishtiaque Ah......cussion above there apÂpears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......cessity, is confirmed. The contention of non-service of notice under section 106, T.P. ACT is beyond the pleadings and amount to making out a new case…………………(12) Cases Referred to- Kumar Narendra Nath Roy V. Midnapore Zemindary Co. Ltd. 70 C.L.J 218; Chowdhri Gur Narayan and Ors. ..Category: Tenancy Law | Date: | Hits: 106
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....r including review of the order of any election officer without hearing of any contesting party. The petition is dismissed………………….(3 & 4) Lawyers Involved: Dr. Kamal Hosain, Senior Advocate, instructed by Abul Quasem, Advocate-on-Record- For the Petitioner. Moinul Huq, Advocate......1988) 270 ......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ..Category: Election Law | Date: | Hits: 126
Haruni Fisherman CoÂoperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....vernment and there is no violation of principle of natural justice and no question of estoppel. Hence the appeal is dismissed……………..……(10, 11 & 13) Lawyers Involved: Aftab Hossain, Advocate-on-Record-For the ReÂspondent No. 1. A. W. Bhuiyan, Additional Attorney General, inÂst...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Haruni Fisherman CoÂoperative Society...............Appellant Vs. Md. Ebadut Ali & ors......................................Respondents Judgment April 2......i ever arises requirÂing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs.  Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......i ever arises requirÂing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs.  Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
....nts already filed and exhibited and the evidence adduced sufficiently proves the case of the respondent. Hence the appeal is dismissed……………..(10) Lawyers Involved: S M. Hussain, Senior Advocate, instructed by Md. Aftab Hussain, Advocate-on-Record - For the AppelÂlants. Khondker Ma......pellate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Bhupati Ranjan Shome & ors..........................Appellants Vs. Afizuddin Sheikh & ors..................................Respondents Judgment January 2...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is disÂmissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......land of subordinate Khatian Nos.2-25,27-28 and 36 of Mouza Hemchapur. His case is that '50 acre out of '90 acre of land of Plot No.333 belonged to Ananda Chandra Majumder who sold the same to Krishna Kumar Dey, Kamini Kumar Dey, Jamini Kumar Dey and Nalani Kumar Dey. Krishna Kumar died without any i..Category: Property Law | Date: | Hits: 29
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....iled to point out any violation of any statutory rule or breach of any statutory obligation or ill-motive on the part of the authority canceling the license. Lawyers Involved: S.S Halder, Senior Advocate, instructed by Ramesh Chandra Maitra, Advocate-on-Record, (In all the three appeals) - For ......to act as a licensee for the unexpired period of the licence that will exÂpire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......to act as a licensee for the unexpired period of the licence that will exÂpire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......to act as a licensee for the unexpired period of the licence that will exÂpire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....tion has well-expired. This suit is not maintainable. The appeal is allowed and judgement of the trial court dismissing the suit, restored…........(14,15,16,17) Lawyers Involved: Md Nurul Huq, Advocate-on-Record - For the Appellants. S.S. Halder, Senior Advocate, instructed by Ramesh Chand...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Alauddin Sarder and another. .....................Appellants Vs. Surendra Nath Falia and Others.............Respondents Judgment November 23, 1986. ......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....sed persons. So, there was no miscarriage of justice even though provisions of section 367 of Cr.P.C has not been complied with. The appeal is dismissed……….(4) Lawyers Involved: Aminul Huq,Advocate-on-Record— For the Appellant. Respondent No.1—Dead. Shantiranjan Karmakar, Advoc......R (AD) (1988) 256 ...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..Category: Criminal Law | Date: | Hits: 50
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....€¦(2) To ascertain value of the part of the judgment-debtor's building so as to compensate him at plaintiffs' cost falls outside the power of the Executing Court and as such the order appointing an Advocate Commissioner has been rightly set aside by the High Court Division. The petition is dismiss......vil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J M. H. Rahman J A.T.M. M. Afzal J Tahmina Khatun alias Tahmina Khanam, DefenÂdant No. 4..................Petitioner Vs. Begum Nurun Nahar and ors.............................Respondents Judgment April 1, 19......ate Commissioner has been rightÂly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ate Commissioner has been rightÂly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....ruits of the decree obtained by him. The appeal is dismissed………………..(13) Cases Referred to- AIR 1955 All. 64; AIR 1972 (AlÂlahabad) 418. Lawyers Involved: Khan Saifur Rahman, Advocate,(M. A. Wahhab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Rec......) 251 ...... the fruits of the decree obÂtained by him. For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ...... the fruits of the decree obÂtained by him. For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....under section 436 Cr. P.C..………………(7) Lawyers Involved: Abdul Wadud Bhuiyan, AddiÂtional Attorney-General, B. Hossain, Assistant Attorney-General with him, instructed by M.R. Khan, Advocate-on-Record- For the Appellant. SK Afzalur Rahman, Advocate indtructed by Md. Aftah Hossai...... DLR (AD) (1988) 246. ......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
....him the opportunity to take his B.A. Examination. The appeal is allowed and the appellants bail is confirmed till disposal of the appeal………………(8) Lawyers Involved: T. H. Khan, Senior Advocate, (Abdul Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Rec...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e in the present case. The defence cannot get any benefit by making some weird, vague and misleading suggestion as to ommission. ………………….(10) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Sajjadul Huq, Advocate-on-Record-For the appellants. J.R. Mudassir Hossai......Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Taleb Ali & ors..................Appellants Vs. The State………………………...Respondents Judgment April 20, 1988. Crimina......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....AIR 1931, All. 443, Emperor v. Rajappa, AIR 1936 BOM 221, State of Gujrat v. Bhikubhai, AIR 1965 Guj. 70, Bashirul Huq v. West Bengal, AIR 1953 SC 293. Lawyers Involved: Khondkar Mahub Hossain, Advocate, instructed by Syed Sakhawat Ali,-Advocate-on-Record-For Respondent No. 1(State) A. W. B......: 40 DLR (AD) (1988) 226 ......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....d to raise an issue before the appellate division for the first time. The appeal is without substance mad hence dismissed. Case referred to- 52 C.W.N. 64. Lawyers Involved: Mohammad Ayub, Advocate-on-Record. - For the Appellants. Not represented- the Respondents. C.A. 129 of 1983 ......ate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J & A.T.M Afzal J Azizur Rahman..........................Appellant Vs. Bhayetullah & anothers.... ..............Respondents Judgment November 11, 1986. C.......In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....afar Ali V State P.I.D. 1962(S.C) 3020., Muhammad Khurshid V. State P.L.D. 1963(S.C) 157, State V. Lalu Mia and another Criminal Appeal No. 16 of 1985. Lawyers Involved: Mozammel Huque Bhuiyan, Advocate, instructÂed by Md. Aftab Hossain, Advocate-on-Record, —For the Appellants (In both the ......n (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ontext an occurrence took place at about 8-30 P.M. on 20.9.79 in Chatiantola Bazar, P.S. Bagharpara which was a hat day. P.W.2 Mominul Huq was taking tea in the sweetmeat-cum-tea shop of P.W.8 Nirmal Kumar Sur alias Adhar Sur. Close to Nirmal's shop to the south was the grocery shop of Munshi Efaz H..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....he order, this Division does not feel that there has been any arbitrary exercise of discretion. Thus the appeal is dismissed…………..(9 & 13) Lawyers Referred to: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. T. H. Khan, Sen......dhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Charandwip Bhumihin Krishi Samabaya Samity Ltd. represented by the Chairman, Md. Abdus Samad..........................Appellant Vs. The Deputy CommisÂsioner, Cox's Bazar & ors..........Respondents Judgment March 27, 1......easons stated above, the appeal is disÂmissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......easons stated above, the appeal is disÂmissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
.... 1941 FC 5, M/s. M. Laxmi & Co. v. Dr. Anant R. Deshpande, AIR 1973 SC 171, Amarjit Kaur v. Pritam Singh and others, AIR 1974 SC 2068, 32 DLR (AD) 65. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, (Md. Fazlul Haque and Ajmalul Hossain, Advocates with him) instructed by Sharifuddin Chakl......te Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J M. A. Hai Md. Wazed Ali Miah & Md. Moslem.................Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) ......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....Thus judgments of the courts below are set-aside and the suit out of which this appeal has arisen stands abated with effect from 18/09/1982………(8, 9 & 11) Lawyers Involved: B. Hossain, Advocate-on-Record- For the Appellant M.H. Khondker, Senior Advocate instructed by A. Baset Majum......e Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J The Province of East PakiÂstan (Now Bangladesh)............Appellant Vs. Shamser Ali Khan & others... ..................................Respondents Judgment ......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
.... the conviction is altered under section 304 part 1 from section 302 of the Penal Code and the sentence is reduced accordingly……………(6,7) Lawyers Involved: Syed Muhammad Hussain, Senior Advocate, (A.N.M. Gaziul Hoque, Advocate with him), instructed by Md. Ozair Farroque, Advocate-on-Re......200 ......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is disÂmissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is disÂmissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..Category: Criminal Law | Date: | Hits: 67
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