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Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)

..... Amal Chandra Mondal and another..........................     Respondents Judgment September 1st, 1992 Lawyers Involved: Md. Joynal Abedin, Advocate, instructed by Md. Aftab Hossain Advocate-on-Record- For the Appellant. M Amirul I......resent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Islam Ali Mia alias Md. Islam .....................Appellant Vs. Amal Chandra Mondal and another..........................     Respon......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ..

Category: Criminal Law | Date: | Hits: 43

Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)

.....................Respondents Judgment December 1st, 1992. Cases Referred to- ILR 44 Cal 47 & 19 DLR (SC) 36. Lawyers Involved: Moksum-ul-Hakim, Senior Advocate (Abdul Hamid, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on- Record -For......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)

....20 DLR 18 (1968); SM Nurul Huq Vs. Province of East Pakistan and another, 25 DLR 476. Lawyers Involved: Shahabuddin Ahmad, Deputy Attorney‑General, instructed by Md. Nowab Ali, Advocate-on- record - For the Appellant. Shaheed Alam, Advocate, instructed by Md. Sajjadul...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Latifur Rahman J Government of Bangladesh .............................Appellant. Vs. Shakhipur Islamia High School....................................Respondent Judgm......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..

Category: Property Law | Date: | Hits: 64

Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)

............................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31st, 1991. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Zakir Hos...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shahabuddin ................................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ..

Category: Property Law | Date: | Hits: 49

State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)

....o- Waris Meah Vs. State PLD (1957) SC 157 & Meenakshi Mills Vs. Visvanatha Sastri AIR 1955 (SC) 13. Lawyers Involved: M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-on- Record­-For the Appellant. Serajul Huq, Senior Advocate, instructed by Md. Aftab Ho....... ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ..

Category: Criminal Law | Date: | Hits: 132

AHM Siddique Vs. State, 1993, 22 CLC (AD)

....s Vs. State 15 DLR (SC) 429; Faizur Rahman Sarkar Vs. State, Criminal Appeal No. 9-D of 1969 & Criminal Appeal No. 7 of 1988. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Sharifuddin Chakidar, Advocate-on-Record-For the Appellant. ...... (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J and ATM Afzal J. AHM Siddique ........................Appellant Vs. State ...............................Respondent Judgment August 31st, 1988......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ..

Category: Criminal Law | Date: | Hits: 44

Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)

....ip;….Respondents Judgment July 16, 1073 Case Referred To: S.A. Karim vs. Harendra Chandra Dhupi, 14 DLR, 847. Lawyers Involved: Mia Abdul Gafur, Advocate instructed by S. S. Huda, Advocate-on-Record—For the Appellant. Moinul Huq, ...... Syed A. B. Mahmud Husain J Muhammad Ab­dullah Jabir J Abdul Hamid Kazi…………………………….Appellant Vs. Abdul Jabbar Jamadar and others…………………&......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 50

Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)

....hers………………………………Respondents Judgment July 18, 1973. Lawyers Involved: T. Ali, Senior Advocate instructed by Abdul Matin Khan Chowdhury, Advocate-on-Record— For Appellant. ...... J Begum Asia Rahman………………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others…………………&......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......pellant remained subject to an order to be obtained in a procee­ding for pre-emption initiated by the respondent. 19. The principle enunciated in the case of Lakhi Kanta Patibar Vs Sunil Kumar Patibar and others reported in 17 D L.R, 327 that in order to maintain a claim for pre-empti..

Category: Property Law | Date: | Hits: 60

Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)

.... AC 491 PC; Johnstone Vs. Pedler, (1921) 2 AC 262; Nissan Vs. Attorney-Gene­ral (1970) AC 179; Canada Vs. Attorney-General, AIR 1937 PG 82. Lawyers Involved: Ahmad Sobhan, Senior Advocate with Abdul Malek, Md. Amar Ali, A.Z.M. Khalilullah Md. Fazlul Karim, Md. Ruhul Amin, Advoc...... Present: Sayem CJ  AB Mahmud Husain J  Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another ……………………&......he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ......he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ..

Category: Constitutional Law | Date: | Hits: 716

Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)

....;M Bulteel, Vs R C. Bulteel,  AIR 1938 Md 721 ; Bai Pravabati Vs. Sumatilal, AIR 1954 Bom 546: Mohammad Ali Vs. Mt Sakina Begum, AIR 1944 Lah. 392. Lawyers Involved: Aminul Huq, Advocate-on-Record—For the Appellant. Md. Nurul Huda, Senior Advocate instructed by S.......(Criminal) Present: A M Sayem CJ A B Mahmud Husain J Ahsanuddin Chowdhury J Begum Hamida w/o Abdul Hamid…............................Appellant. Vs. Abdul Hamid………………………&hell......te­nance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......te­nance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ..

Category: Family Law | Date: | Hits: 146

Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)

....din Ahmed, Attorney-General assisted by Ismailuddin Sarkar, Assistant Attorney General, Mahmudul Islam, Assistant Attorney General, A. Wadud Bhuiyan, Assistant Attorney General, and Shah Abu Naeem, Advocate Instructed by Abu Backkar, Advocate on record – For the Appellant. Mainul Ho...... A.M. Sayem CJ A.B. Mahmud Hussain J Abdullah Jabir J Solicitor, Government of Bangladesh……………………..Appellant Vs. A.T. Mridha ………………………&hel......e result, therefore, is that both the ap­peals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......e result, therefore, is that both the ap­peals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..

Category: Criminal Law | Date: | Hits: 125

Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)

....ellip;…… Respondent Judgment August 22, 1973. Case Referred To: Leo vs. Adhikari, ILR 37 Cal. 49. Lawyers Involved: Naziruddin Ahmed, Senior Advocate with Syed Mohammad Ali, Advocate (Instructed by A.W. Mian, Advocate-on-Record)—For t......ppointed; and be Collaborators Order was also a  valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......ppointed; and be Collaborators Order was also a  valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......ppointed; and be Collaborators Order was also a  valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 63

A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)

.............................................Petitioners Vs. State....................Respondent Judgment August 22, 1973. Lawyers Involved: Manzoorul Ahsan, Advocate, Supreme Court instructed by A W Mian, Advocate-on-Record —For the Petitioners. ...... Division (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J A.K.M. Fazlul Hoque & others...........................................Petitioners Vs. State....................Respondent Judgment August 22, 1973. Law......isputed. The Collaborators Order was thus promulgated by an Authority com­petent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......isputed. The Collaborators Order was thus promulgated by an Authority com­petent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 53

Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)

....er 5, 1973. Case Referred To: Seafarers Inc. vs. Prov. of E. Pakistan. 20 DLR (SC) 225. Lawyers Involved: S M. Hussain instructed by A. Rab, II, Advocate on-Record—For the Appellant. S. Ishtiaq Ahmed, Addl. Attorney-General i......A.M. Sayem CJ A. B Mahmud Husain J M. A. Jabir J Halcyon Steamship Co., Inc., USA, represented by Hegee & Co. (Pak.) Ltd… Appellant Vs. Province of East Pakistan now Govt. of Bangladesh, re­presented by Collector o......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 110

Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)

.... To: Sate Vs. Mohammad Hossain.25 DLR 207; Md. Ismail vs. State, 21 DLR (SC) 16. Lawyers Involved: Faqueer Shahabuddin Ahmed, Attorney-Ge­neral instructed by Abdur Rab 1, Advocate-on- Record—For Appellant in both the Appeals. Memo-For the Respondents in Cri...... B.  Mahmud Hussain J M. A. Jabir J Superintendent and Remembrancer of Legal Affairs, Govt of Bangladesh...………………..Appellant Vs. Jobed Ali and others……………………&hel...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)

....ellant Vs. Ashraf Ali and others ............Accused-Respondents Judgment January 2nd, 1994. Lawyers Involved: B Hossain, Advocate-on-Record- For the Appellant. Abdul Malek, Senior Advocate, instructed by Sha...... Kamal J Latifur Rahman J State, represented by the Solicitor to the Govern­ment of the People's Republic of Bangladesh ........................Appellant Vs. Ashraf Ali and others ............Accused-Respondents Judgment ......ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ..

Category: Criminal Law | Date: | Hits: 119

Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)

...........Accused-Appellants Vs. State ......................................Respondent Judgment February 10th, 1994. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Appellants. M Sams......resent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J and Latifur Rahman J. Abdus Sattar and others.............Accused-Appellants Vs. State ......................................Respondent Judgment February......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ..

Category: Criminal Law | Date: | Hits: 56

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

....e 22, 1994. Lawyers Involved: Aminul Huq, Attorney‑General, (AF Hasan Ariff, Deputy Attorney-General, and B Hossain, Deputy Attorney - General with him) instructed by Sharifuddin Chaklader, Advocate-on- Record -For the Appellant. AR Yusuf, Senior Advocate, instructed by Md. Nowab Ali, ......preme Court Appellate Division (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 19......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......onsidered as prima facie evidence of citizenship or nationality of its holder. It was held as a good evidence in the Superintendent and Remembrancer of Legal Affairs, Govt. of East Pakistan Vs. Sunil Kumar Das 14 DLR Dhaka 705 and Gour Chandra Saha Vs. The Vice‑Chairman, East Pakistan Enemy Proper..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)

.... Vs. National Bank Limited and others .....................Respondents Judgment July 20, 1993. Result: The petition is dismissed. Lawyer Involved:  Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Petitioner. Shamsul Haq......) 191 ......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ..

Category: Civil Law | Date: | Hits: 139

Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)

....ff-Petitioner Vs. Tobacco Industries Ltd. and others .....................Defendant-Respondents Judgment July 20th, 1993. Lawyers Involved: Shaheed Alam, Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on -Record - For the Petitioner. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J and Latifur Rahman J. Rupali Bank Ltd .....................Plaintiff-Petitioner Vs. Tobacco Industries Ltd. and others .....................Defendant-Respondents Ju......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ..

Category: Banking Law | Date: | Hits: 106