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Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din Vs. State, 1987, 16 CLC (AD)

....Rahman J ATM Afzal J Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din...................Appellant Vs. The State....................................................... Respondent Judgment November 8, 1987. Result: The appeal is al­lowed. The Specific Relief Act, 18......­lowed. The impugned orders of conviction and sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..

Category: Criminal Law | Date: | Hits: 59

Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)

....drul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Abdul Gufur and others.......................... Appellant Vs. The State and another...........................Respondents Judgment November 1, 1987. The Code of Civil Procedure, 1908 (V of 1908), section 96(1) (3) ......ned judgement does not suffer from any infirmity. At this stage we need not en­quire into the merit of the case. The appeal is dis­missed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127..

Category: Criminal Law | Date: | Hits: 45

Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)

.... Shahabuddin Ahmed J M.H. Rah­man J A.T.M. Afzal J Abdul Hakim @ Lokman Hakim............Appellant Vs. The State………………………………………………Respondent Judgment Augusts, 1987.   The Evidence Act, 1872 (1 of 1872) Section 32 There is no eye ......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126..

Category: Criminal Law | Date: | Hits: 61

ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)

....­missioner, Revenue and Assistant Custodian Vested Property, Chandpur.................... Appellant Vs. Tafurnessa wife of Ali Ah­med Mia and others..............................Respondents Judgment December 11, 1988. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 ......aying the appeal has become of mere aca­demic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..

Category: Property Law | Date: | Hits: 56

Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)

.... Vs Monirul Huq and others………………Re­spondents (In Civil Appeal No. 1 of 1989). And Monirul Huq and others.............................. Respondents(In C.P. No. 310 of 1988) Judgment Februarys, 1989. The Local Government (Upazila Parishad and Upazila Administration Re......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..

Category: Election Law | Date: | Hits: 128

Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)

....hahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Sona Mia Bepari & ors................Appellants Vs. Jamila Khatun & ors…………………………………........... Respondents Judgment September 1, 1987. Remand The appellant bringing the suit challenging the deed of ......vidence in respect of the alleged sale of .02-1/2 deci­mals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..

Category: Property Law | Date: | Hits: 33

S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)

.... (Criminal) Present: Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J S.M. Shahjahan Ali Tara.............Appellant Vs. State........................................Respondent Judgment May 9, 1988. The Code of Criminal Procedure, 1898 (V of 1898), section 498 Where t...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..

Category: Criminal Law | Date: | Hits: 53

Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)

.... J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Iqbal @ Salim..................................Appellant Vs. State................................................Respondent Judgment August 7, 1988. The Code of Criminal Procedure, 1898 (V of 1898), section 426 The ......lant will contin­ue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ..

Category: Criminal Law | Date: | Hits: 53

Abdul Jalil Vs. Bangladesh House Buil­ding Finance Corporation & another, 1989, 18 CLC (AD)

....Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abdul Jalil.................Petitioner Vs. Bangladesh House Buil­ding Finance Corp. & anr........Respondents Judgment August 21, 1988. Compensation The entire balance amount of loan having been paid in......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..

Category: Property Law | Date: | Hits: 30

Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)

....n Ahmed J M.H. Rahman J A.T.M. Afzal J Nuruzzaman Sarkar.........................................Petitioner Vs. Seraj Mia & ors...........................................Respondents Judgment August 10, 1988. The Specific Relief Act, 1877 (1 of 1877), Section 42 The plainti......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..

Category: Property Law | Date: | Hits: 75

Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)

.... A.T.M. Afzal J Sanatannessa Bewa.......................................................Petitioner Vs. Haipatullah Sarker & others.............................................Respondents Judgment July 21, 1987. The Code of Civil Procedure, 1908 (v of 1908), section 104 Before ex......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105..

Category: Procedural Law | Date: | Hits: 96

Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)

.... Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Soleman Miah & ors..................Appellants Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors............Respondents Judgment November 8, 1988 The Code of Civil Procedure, 1908 (v of 1908), Order XXI, Rule 29 ......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..

Category: Civil Law | Date: | Hits: 106

Hazi Waziullah Vs. Additional Deputy Com­missioner, Revenue, Noakhali, 1989, 18 CLC (AD)

....als) Vs. The Additional Deputy Com­missioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others…………….. Respondents (In both the appeals) Judgment February 14, 1989. Result: Both the appeals are allowed. The Evidence Act, 1872......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..

Category: Procedural Law | Date: | Hits: 146

Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)

....on (Civil) Present: Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Moharram Ali & another...................Appellants Vs. Mohammad Madhu Mia & others........Respondents Judgment: December 4, 1988. The Specific Relief Act, 1877 (I of 1877), section 56 A co-shar...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..

Category: Others | Date: | Hits: 106

Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)

....dhury J Shahabuddin Ahmed J M.H. Rahman J Abdul Matin & others.................................Appellants Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Ors.........Respondents Judgment November 16, 1988. Result: The appeal is dismissed. The Easements Act, 1882 (V......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..

Category: Property Law | Date: | Hits: 36

Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)

.... Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Nazir Ahmed………………Appellant Vs. Bangladesh Election Commission & ors.........Respondents Judgment December 14, 1988. Election dispute The learned judges of the High Court Division ......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ..

Category: Election Law | Date: | Hits: 110

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

.............................. Appellant (In Civil Appeal No. 17 of 1989) Vs. Shamsul Alam & others.............................................. Respondents (In Civil Appeal No. 17 of 1989) Judgment February 19, 1989. Result: All the Appeals are allowed. The Local Government (Un......rting with these cases, we would like to put on record our appreciation for the valuable as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..

Category: Election Law | Date: | Hits: 165

Executive Engineer, Pub­lic Health, Barisal Divi­sion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....hmed J M.H. Rahman J A.T.M. Afzal J Executive Engineer, Pub­lic Health, Barisal Divi­sion, Barisal………………….Appellant Vs. Mohammad Ali & ors.............. Respondents Judgment February 15, 1989.   The Limitation Act, 1908 (IX of 1908), Article 120 The C......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..

Category: Employment/Service Law | Date: | Hits: 103

Gopal Chandra Shah Vs. The Deputy Commission­er, Sunamganj & another, 1989, 18 CLC (AD)

....Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Gopal Chandra Shah..................Appellant Vs. The Deputy Commission­er, Sunamganj & anr.....Respondents Judgment January 11, 1989 The Bengal Excise Act, 1909 (V of 1909), section 2(5) The Genera...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..

Category: Others | Date: | Hits: 125

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....H Rah­man J ATM Afzal J Sheikh Abdus Sabur................................Appellant Vs. Returning Officer, District Education Officer-in-charge, Gopalganj & others.....Respondents Judgment September 1, 1988. Result: The appeal fails. The Constitution of the People’......the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ..

Category: Election Law | Date: | Hits: 212