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Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991. ......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......the Appellants. AW Bhuiyan, Additional Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 52 of 1986. (From the judgment and order dated 5th September 1985 passed by the High Court Division, Sylhet Bench in Civil Revision No......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... Lawyers Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......ed an application under section 561A of the Code of Criminal Procedure before the High Court Division, Dhaka for quashing of the aforesaid proceeding. A Division Bench, by the impugned judgment and order dated 21 May 1989, summarily rejected the said application whereupon the appellant came to th...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....ed Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain Advocate-on-Record-For the Appellant. Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Criminal Appeal No. 21 of 1986. (From the Ju...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......have read the draft judgments of brothers ATM Afzal and Latifur Rahman, JJ; I concur with the decision of ATM Afzal, J. ATM Afzal J.- This appeal by leave at the instance of the State is from an order of acquittal under sections 302/109 Penal Code passed in favour of the respondents by the High...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....tral Inland Water Transport Corporation Limited and another......... Defendant-Respondents Judgment March 24 1991. Cases Referred to- Mian Kamal Din Vs. Malik Muhammad Bashir PLD 1952 Lahore 456; Ahsan Ali & others Vs. District Judge and Settlement Commissione......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ...... Appellant. Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Respondents. Civil Appeal No. 67 of 1986. (From the Judgment and order passed by the High Court Division, Chittagong Bench dated 4.11.1985 in Civil Revision No. 241......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....arty's possession in respect of the said industrial plot No. 170 (north). The husband and children of the first party‑appellant are defendants in the said suit and they are under an order of ad‑interim injunction pending hearing of the temporary injunction matter. The said defendants......ossession in respect of the said industrial plot No. 170 (north). The husband and children of the first party‑appellant are defendants in the said suit and they are under an order of ad‑interim injunction pending hearing of the temporary injunction matter. The said defendants filed wr......iddique, Advocate-on-Record-For the Respondent No. 1. Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 2 (State). Criminal Appeal No. 12 of 1991. From the Judgment and order dated 7.3.91 passed by the High Court Division, Dhaka in Criminal Revision No. 265 of 1988). ...... 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)
....any offence of cheating as defined under section 415 of the Penal Code. The High Court Division rightly held that the offence has been clearly disclosed in the petition of complaint. 4. It had also been alleged that the present petition of complaint is a counterblast to an earlier crimin......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......nstructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-Respondents. Criminal Petition for leave to Appeal No. 26 of 1991. (From the Judgment and order dated 24.2.91 passed by the High Court Division, Dhaka in Criminal Revision No. 226 of 1991).......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)
.... 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 (Md), Advocate-on-Record-Fo...... 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. ...... Judgment: Latifur Rahman J.- In this appeal, the accused-appellants have challenged the order of refusal to grant bail in Criminal Appeal No. 173 of 1990 by the learned Single Judge of th...... 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)
.... ......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. ...... Advocate-on-Record (In both the appeals) - For the Appellant Ex parte (In both the appeals) - For the Respondents. Civil Appeal Nos. 19 and 20 of 1990. (From the judgment and order dated 9.2.1989 passed by the High Court Division, Barisal Bench, Barisal in Civil Revision Ca......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)
....b Ali, Advocate-on-Record-For the Respondent Nos. 1-3. Abu Bakkar, Advocate-on-Record-For the Respondent No. 4. Kh. Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent No. 5. Civil Appeal No. 37 of 1988. (From ......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. ......aring further that the property, Holding No. 7 Wiseghat, shall remain as vested property under the management and control of the Government with the Present occupant as lessee/tenant until further orders. The appellants' case in the Writ petition was that they are citizens of Bangladesh having m......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. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
.... ......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. ......(a) 1 to 5(a) VIII, 6, 9 (Ka) - 9 (cha), 11-12, 13(1) to 13(6). Ex parte - Respondent Nos. 7, 8, 10(a) to 10 (c), 14 to 25. Civil Appeal No. 10 of 1985. (From the Judgment and order dated 3.11.83 passed by the High Court Division, Comilla Bench in First Appeal No. 358 of 196......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. ..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
....J 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 represe...... 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. ......r dated 28th October, 1990 passed by the High Court Division, Dhaka in Criminal Revision No. 1126 of 1990.) Judgment Latifur Rahman J.- A witness has filed this leave petition challenging the order of acquittal passed by the High Court Division, Dhaka, in Criminal Revision No. 1126 of 1990 a...... 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)
....ismissed. 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: ......fa Kamal J.- This leave to appeal by the defendant petitioner is from the Revisional judgment of a learned single Judge of the High Court Division, Dhaka making the Rule absolute and setting aside an order of the trial Court cancelling its earlier order dismissing a miscellaneous case under Order IX......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)
.... Ed. ...... under Act X of 1953 was clearly attracted. Sections 10 and 12 of the said Act reads as follows: 10. No Civil Court shall pass an order in any suit or proceeding granting a temporary or interim injunction restraining the Provincial Government from taking possession of any land, bui......gment: ATM Afzal J.- This is a defendant’s appeal by leave and directed against judgment and order dated 6 February, 1986 passed by a Single Judge of the High Court Division, Chittagong Bench,...... 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)
.......................... ...... Plaintiff-Respondents Judgment March 27, 1990. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the R......o. 89 of 1989.) Judgment: ATM Afzal J.- This appeal by leave arises out of a temporary interim order passed by a Single Judge of the High Court Division in revision which has already run...... 1989.) Judgment: ATM Afzal J.- This appeal by leave arises out of a temporary interim order passed by a Single Judge of the High Court Division in revision which has already run out its......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)
....night following 14th Sraban 1388 BS corresponding 30.7.81 the respondent Mofazzal Hossain, at the instigation of his father, Ekabbar Ali, mother, Momena Bibi and uncles, Majibur Rahman Pk., and Mohammad Ali Pk., brutally killed his wife Halima. In that night at about 10.00 PM the accused Ekabbar Ali......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. ......lved: 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 1987. (From the judgment and order dated 17th April, 1985 passed by the High Court Division, Rangpur, which, in Death Reference N......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)
.... Evaluation of evidence in criminal case On a careful consideration of the evidence of eye‑witnesses, it is very difficult to rely upon their evidence in view of the glaring omissions and contradictions in their testimonies in court. The learned Judges of the High Court Division have not cons......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. ......vocate, instructed by Sharifuddin Chakladar, Advocate-on-Record‑For the Appellants. B Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1988. (From the judgment and order dated 5.8.86 passed by the High Court Division, Circuit Bench Barisal in Criminal Appeal No. 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)
....portant 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 ......ls, both being placed under it, under the provisions of Bangladesh Industrial Enterprises (Nationalisation) Order, 1972—P.O. 27 of 1972. A learned Single Judge of the High Court Division, by an order dated 1 April 1986 in Civil Revision No. 106 of 1985, has answered the question in the negat......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)
.... 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 ......correct principles relating to appraisal of evidence has been fallowed or not, whether some material piece of evidence has been overlooked or misappreciated winch could have a profound bearing on the order of acquittal and things like that. Misappreciation of evidence is not ordinarily a ground for ......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)
....f the vital witnesses was not shifted and assessed according to rules of evidence by the trial court and the High Court Division. The circumstance in which the victims sustained fatal injury on his head has remained a mystery. Victim received fatal injury in mysterious circumstance. The prosecution ......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...... remained a mystery. Victim received fatal injury in mysterious circumstance. The prosecution has failed 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 Hossai......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)
....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. Hossain, Assistant Attorney-General, instruct......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......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......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..Category: Criminal Law | Date: | Hits: 53
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