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Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)

....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 ......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......s 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)

....cussion above there ap­pears 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......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......(AD) (1988) 272......cussion above there ap­pears 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..

Category: Tenancy Law | Date: | Hits: 106

Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)

....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 ......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...... 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 Co­operative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)

....i ever arises requir­ing 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 ......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 Re­spondent No. 1. A. W. Bhuiyan, Additional Attorney General, in­st......sts.   Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......i ever arises requir­ing 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)

.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dis­missed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......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 Appel­lants. Khondker Ma......as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dis­missed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ..

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)

....to act as a licensee for the unexpired period of the licence that will ex­pire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......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 ......lved: S.S Halder, Senior Advocate, instructed by Ramesh Chandra Maitra, Advocate-on-Record, (In all the three appeals) - For the Appellant. Rafiqur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record (in all the three appeals)- For the Respondent Nos. 1-4. Mainul Hussain......to act as a licensee for the unexpired period of the licence that will ex­pire 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)

....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 ......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...... 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)

.... 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 ......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......s 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)

....ate Commissioner has been right­ly 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 ......€¦(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......arifuddin Chaklader, Advocate-on-Record- For the Respondent No. 1 Not represented - Respondents Nos. 2-5 Civil Petition for Special Leave to Appeal No. 302 of 1986. Judgment: Shahabuddin Ahmed J. - Judgment-debtor (defendant No.4) is the petitioner. She is challenging an order of the Hi......ate Commissioner has been right­ly 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)

.... the fruits of the decree ob­tained by him. For the reasons stated above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......ruits of the decree obtained by him. The appeal is dismissed………………..(13) Cases Referred to- AIR 1955 All. 64; AIR 1972 (Al­lahabad) 418. Lawyers Involved: Khan Saifur Rahman, Advocate,(M. A. Wahhab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Rec...... 418. Lawyers Involved: Khan Saifur Rahman, Advocate,(M. A. Wahhab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellant. Khondker Mahbubuddin Ahmed, Senior Advo­cate, instructed by Ahmed Nurur Reza- Advocate-on-Record - For the Respondent No...... the fruits of the decree ob­tained by him. For the reasons stated above, the appeal is dis­missed 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)

....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. ......under section 436 Cr. P.C..………………(7) Lawyers Involved: Abdul Wadud Bhuiyan, Addi­tional 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......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)

.... 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 ......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......al 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 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 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......l 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)

....ument is produced or giv­en 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 ......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......eral, (B.Hossain, Assistant Attorney General with him), instructed by Md. Sajjadul Huq-Advocate-on-Record. Ex-parte-Respondent No. 2. Criminal Appeal No. 4 of 1987. Judgment: Shahabuddin Ahmed J. - This appeal by special leave has arisen from an order of the High Court Division (Jessore......ument is produced or giv­en 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)

....In view of the discussion above, the appeal is found to be without substance and accordingly dis­missed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......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 ...... 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 dis­missed 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)

....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in con­nection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......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, instruct­ed by Md. Aftab Hossain, Advocate-on-Record, —For the Appellants (In both the ......ase. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in con­nection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..

Category: Criminal Law | Date: | Hits: 61

Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)

....easons stated above, the appeal is dis­missed. 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 ......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...... dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......easons stated above, the appeal is dis­missed. 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)

....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. ...... 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......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 Paki­stan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....of which this appeal has arisen stands abated with ef­fect from 11th September 1982. There will, howev­er, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......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...... to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......of which this appeal has arisen stands abated with ef­fect from 11th September 1982. There will, howev­er, 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)

....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dis­missed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ...... 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......ssed. 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 dis­missed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..

Category: Criminal Law | Date: | Hits: 67