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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
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....985) 38 DLR (AD) 246, Malkarjun Vs. Narahari and another, 25 (Bom) 337 P.C., Raja Indrajit Pratap BaÂhadur Sahi Vs. Amar Singh and others, AIR 1923 (P.C.) 128. Lawyers Involved: Golam Rabbani, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record.- For the PeÂtitioner. Mozzamma......r remedy e.g. by instituting a suit in the competent court, the writ petition was inappropriate. The appeal is dismissed……………..(6,7 & 13) Cases Referred to- Shahjahan Sheikh and others Vs. The Sessions Judge, Pirojpur (Criminal Appeal Nos. 48 and 49 of 1985) 38 DLR (AD) 246, Malkarjun......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
.... Motaleb Hossain and others, 36 DLR (AD) 248=1985 BLD (AD) 59 and Khurshed Anwar v. Jamil Akhter, 1982 BLD (AD) 83. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior AdÂvocate, (Aminul Haq, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. A.J. M......e Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Md. Insan Ali.................................Appellant Vs. Mir Abdus Salam............................Respondent Judgment August 16, 1987. Res......trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......ial Court is found to have illegally set aside the ex parte decree……………..(6 & 7) Cases Referred to- Deputy ComÂmissioner, Sylhet V. Israil Ali and others, 1981 BSCR, 222, Santosh Kumar Chakraborty and others v. Motaleb Hossain and others, 36 DLR (AD) 248=1985 BLD (AD) 59 and Khu..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....h law and the government is entitled to the rent for the present and future……………….(12 & 13) Lawyers Involved: A.W. Bhuiyan, Additional Attorney-General, inÂstructed by B. Hossain, Advocate-on-Record.-For the Appellant. T. H. Khan, Senior Advocate, (M. A. Whab Miah, Advocate wi......late Division (Civil) Present: F. K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 2...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ortant finding of the trial court, which seems to be correct, that defendants 4-6 are not the heirs of Samad Ali has not been properly reversed…….(13) Lawyers Involved: M.H. Khondker, Senior Advocate, (AJ Mahammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Reco......resent: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M Afzal J. Nur Ahmed Majumder, beÂing dead his heirs: Hafiza Khatun & others..................Appellants Vs. Nur Ahmed Majumder & others..................Respondents Judgment July 1, 1987. Res......ithout any order as to cost. The judgment and deÂcree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......ithout any order as to cost. The judgment and deÂcree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ..Category: Property Law | Date: | Hits: 43
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....en though it is unfortunate that the decision in the case turned on two marginal votes only, there is no scope of interference………………..…(16 & 17) Lawyers Involved: T.H. Khan, Senior Advocate, (Abu Taher Chowdhury, Advocate with him) instructed by Mr. Aftab-Advocate-on-Record-For th......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J M.H.RahÂman J A.T.M. Afzal J Moulana Mokhter AhÂmed...........................................Appellant Vs. Mohammadul Mokhter Usmani & others.........................Respondents Judgment March ......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....ah v. Fervando and others, 1967 (2) The All England Law Reports 152(07). Lawyers Involved: M. Nurullah, Attorney-General (Hasan Arif, Deputy Attorney General with him) instructed by B. Hossain, Advocate-on-Record—For the Appellant. S. R. Pal. Senior Advocate (Zakir Ahmed, Advocate with hi...... M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural DevelÂopment and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal & others..............................Respondents Judgment August 31, 198......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....v. Banwarilal A.I.R. 1960 Cal. 467; Kshirode Chunder v. Sharada Prosad, 12 Cal LJ 525; Pran Krishna v. Keshab Chandra, 22 Cal. CWN 515; (AIR) 1919 Cal. 1055. Lawyers Involved: S. R. Pal, Senior Advocate, instructed by Kazi Ebadul Huq, Advocate-on-Record-For the Appellant. Md. Fazlul Karim, ......eme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Sree Jugal Kishori Sarker .....................Appeal Vs. Azizur Rahman & others............................Respondents Judgment November 2,......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......ering into the dwelling house of undivided Hindu family……………………(8 & 11) Cases Referred to- Subal Chandra Modak V. Gostha Behari Das, 60 CWN 829; Boto Krishna Gose v. Akshoy Kumar ghose (54 C.W.N 660); Nilkamal. V. Kamakshya Charan A.I.R. 1928 Cal. 539; Damodar v. Banwarila..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
....nearthly hour of the night. Offence under section 302/34, 302/109 not being put against accused appellant No. 2-4, they are acquitted………..(7 & 8) Lawyers Involved: Serajul Huq, Senior Advocate, (A.T.M. Kamrul Islam, Advocate with him) inÂstructed by Syed Sakhawat Ali, Advocatc-on-Re...... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......so Reported in: 40 DLR (AD) (1988) 147. ..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
.... others vs. Midnapore Zemindary Company Limited and Six Others [1904] 31 LA. 75, Syed Ali and others v. Sarjon Ali and others 18 C.W.N. 735. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him), instructed by Syed Sakhawat Ali, Advocate- on- Record- ......n (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J M.H. Rahman J A.T.M. Afzal J Moniruddin Sarker being dead his heirs: Fazlul Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgm......s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113