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Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)

....DLR 360; Sangkar Roy Abashaheb Pawar Vs. LV Jadhav, 1983 CrLJ 269; (LV Jadhav Vs. Sangkar Abashahab Power, AIR 1983 (SC) 1219=1983 Criminal Law Journal 1501. Lawyers Involved: Syed Ziaul Karim, Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record -For......ourt Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......rred to follow the case reported in 40 DLR 360. 16. We find that the decision reported in 40 DLR 360 has also been followed by a learned Single Judge of the High Court Division in the case of Ajit Kumar Pramanik Vs. Bokul Rani Pramanik 46 DLR 290. 17. But it has to be remembered that the defin..

Category: Criminal Law | Date: | Hits: 69

Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)

....adesh 42 DLR (AD) 100. Lawyers Involved: AW Bhuiyan, Additional Attorney‑General, (Sharifuddin Chaklader, Assistant Attorney‑ General, with him), instructed by AW Mallick, Advocate‑on‑Record ‑ For the Appellant. Abdur Rashid Gazi, Advocate, Supr......ivision (Civil) Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh ……………. Appellant Vs. Luxmi Bibi and others..... Respondents Judgment April 28th, 1994. ......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..

Category: Procedural Law | Date: | Hits: 104

Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)

........Appellants Vs. Rajdhani Unnayan Kartripakha and others ...........................Respondents Judgment March 31st, 1994. Lawyers Involved: Awlad Ali, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Syed Ishti......ate Division (Civil) Shahabuddin Ahmed CJ ATM AfzaI J Mustafa Kamal J and Latifur Rahman J. Moni Begum and others......................Appellants Vs. Rajdhani Unnayan Kartripakha and others ...........................Respondents J......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..

Category: Procedural Law | Date: | Hits: 102

Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)

....her...................Appellants Vs. Ali Hossain (Md) & ors...................Respondents Judgment November 26th, 1980. Lawyers Involved: SR Pal, Sr. Advocate, with BN Chowdhury, Advocate, instructed by A Rab II, Advocate-on- Record- For the Appella......bsp; Badrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury and another...................Appellants Vs. Ali Hossain (Md) & ors...................Respondents Judgment Novembe......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......p; Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury and another...................Appellants Vs. Ali Hossain (Md) & ..

Category: Civil Law | Date: | Hits: 134

Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)

....bsp; Lawyers Involved: Md. Khalilur Rahman, Advocate, instructed by MR Khan, Advocate-on-Record - For the Appellant (in CP No. 71 of 1979). ......le Mills Ltd. has no legs to stand upon because these very circumstances were discussed and thrashed out in the conference that was held on 21.6.77. 8. In Central London Property Trust Ltd. Vs. High Trees House Ltd. (1947) 1 KB 130 Denning, J considered the effect of an arrangement made b......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..

Category: Constitutional Law | Date: | Hits: 157

Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)

....y of Bangladesh.......................Appellant VS. Kazi Abdur Rouf and others ……………….Respondents Judgment February 16, 1994. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by Miah Abdul Gafur, Advocate-on-Record-For the Appellant. Dr. Rafiqur Rahman......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..

Category: Property Law | Date: | Hits: 86

Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)

..... Havas Khan 21 DLR (SC) 39; Muhammad Nurul Islam alias Nurul Vs. Anath Ram Sarma 17 DLR 261; Civil Reference No. 1 of 17 DLR 415. Lawyers Involved: SS Halder with AY Mashihuzzaman, Advocates, instructed by Aminul Huq, Advocate-on-Record - For the Appellant. BB Roy Chowdhur......maluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Raider Chowdhury J Shahabuddin Ahmed J. Suchitra Kumar Das .............................Appellant Vs. Sree Indu Bhushan Sarker...................Respondent Judgment January 12......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......llate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Raider Chowdhury J Shahabuddin Ahmed J. Suchitra Kumar Das .............................Appellant Vs. Sree Indu Bhushan Sarker.........

Category: Property Law | Date: | Hits: 70

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

....d others ................Accused-Petitioners Vs. State .................... Respondent Judgment March 10th, 1994. Lawyers Involved: Alimuzzaman Chowdhury, Advocate instructed by Md. Nawab Ali, Advocate-on-Record -For the Petitioners. Not Rep...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mahbub and others ................Accused-Petitioners Vs. State .................... Respondent Judgment March 10th, 1994. La...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ..

Category: Criminal Law | Date: | Hits: 55

Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)

....; Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd, 1994. Lawyers Involved: Abu Nesr Md. Gaziul Haque, Senior Advocate, instructed by Md. Ozair Farooq, Advocate-on- Record -For the Appellant. Rokunuddin......bsp; Mustafa Kamal J Latifur Rahman J. Abdul Mannan alias Manu........ ..................... Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd,......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..

Category: Election Law | Date: | Hits: 136

Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)

.... Referred to- Mst. Siraj Fatima Vs. Mahmood Ali AIR 1932 (All) 293; Iftekhar Hussain Vs. Beant Singh AIR 1946 (Lah) 233. Lawyers Involved: Ahmed Sobhan, Sr. Advocate, instructed by Aminul Huq, Advocate-on-Record - For the Appellants. BB Roy C......resent: Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J. Rekha Datta and others.........................Appellants Vs. Chittagong Urban Co-operative Bank Ltd ..................Respondent ...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..

Category: Property Law | Date: | Hits: 130

Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)

.... to- 26 DLR 205; 9 DLR 217; Golam Hafiz Mia Vs, Khadem Ali Miah, 29 DLR (SC) 311; 41 DLR 190; Narsingh Prasad Paul Vs. Still Products Ltd. AIR 1953 (Cal) 15. Lawyers Involved: SR Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants in both the Appea......spondents [in both the Appeals] Judgment August 5th, 1993. Cases Referred to- 26 DLR 205; 9 DLR 217; Golam Hafiz Mia Vs, Khadem Ali Miah, 29 DLR (SC) 311; 41 DLR 190; Narsingh Prasad Paul Vs. Still Products Ltd. AIR 1953 (Cal) 15. Lawyers Involved: SR Pal, Senior Advocate, instruct......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..

Category: Tenancy Law | Date: | Hits: 81

Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)

....IR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (SQ 1552 (1553); Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others 44 DLR (AD) 267-270. Lawyers Involved: M Nurullah, Senior Advocate, instructed by Md. Aftab Hossain, Advocate -on-Record - For the Appellant. Dr. Rafiqur R......vision (Civil) Present: MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Post Office High School, represented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994.......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..

Category: Employment/Service Law | Date: | Hits: 101

Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)

....3 DLR (AD) 104; 33 DLR (1981) 233 & 358; 33 DLR (AD) 154; PLD 1973 (SC) 49; PLD 1974 (SC) 151; PLD 1989 (SC) 26 & 32 DLR (AD) 110. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellant. [In Civil Appeal No. 5......ry.....................Accused-Appellant [Criminal Appeal No. 4 of 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ...............thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..

Category: Constitutional Law | Date: | Hits: 174

Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)

....ance. ……………………(29) Cases Referred to- Pradhip Das alias Shambhu and others Vs. Kajal Das Sarma and others 44 DLR (AD) 1; 32 DLR (AD)171. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Appellant. Nurul Huq, Senior Advocate (Khairul Haque, Advocate with ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Aziz .....................................Defendant-Appellant Vs. Abdul Majid………................. Respondent Judgment April 4, 1994. The......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..

Category: Tenancy Law | Date: | Hits: 87

AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)

....��………………..(13 & 14) Cases referred to- Kadir Bux Vs. Province of Sind 1982 SCMR 593, FA Khan Vs. Government of Pakistan 16 DLR (SC) 405. Lawyers Involved: AJ Mohammad Ali, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Appellant. AY Salehuzz......D) (1994) 113. ......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..

Category: Administrative Law | Date: | Hits: 129

Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)

..... National Bank Limited and others ....................Respondents (In both the petitions) Judgment February 9th, 1994. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Md. Ozair Farooq, Advocate-on-Record (In both the petitions) - For the Peti...... ATM AfzaI J Mustafa Kamal J Latifur Rahman J. Zahirul Islam and Abul Kalam Azad ……………..petitioners (In CP Nos. 251, 318/93). Vs. National Bank Limited and others ....................Respondents (In both the petitions)......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ..

Category: Civil Law | Date: | Hits: 122

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

....) BLD (AD) Page 109; Chamsey Bhara Co. Vs. Jibraj Ballo Co. Ltd. (1923) AIR, PC 66; Addams Vs. Great North of Scotland RY. (198 1) AC 31. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mohamad Hossain, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-F......Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ...........ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..

Category: Business or Commercial Law | Date: | Hits: 98

Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)

..........Respondents Judgment July, 4th 1993. Cases Referred to- 27 DLR 594; 38 DLR 401. Lawyers Involved: AK Badrul Haq, Advocate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate-on-Record -For the Peti......med CJ M H Rahman J ATM Afzal J Mustafa. Kamal J Latifur Rahman J. Syed A Jalil .........................Petitioner Vs. Mahbub Alam (Babul) and others ........................Respondents Ju...... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ...... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ..

Category: Election Law | Date: | Hits: 119

Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)

.... Vs. Ataur Rahman Chowdhury and others .............................Respondents Judgment January 16th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Petitioners. Main...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Borhanuzzaman and others .................Petitioners Vs. Ataur Rahman Chowdhury and others .............................Respondents Judgme...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ..

Category: Others | Date: | Hits: 89

Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)

.... Rahmania Trading Co. Vs. Eagle Star Insurance Co. Ltd. PLD 1960 (SC) (Pak) 202 & Bhola Nath Vs. Empire of India Life Assr. Co. AIR 1948 Lah. 56. Lawyers Involved: Asrarul Hussain, Senior Advocate Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate-on-Record -For the Petitioner....... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Khondaker Mahtabuddin Ahmed, Managing Director....... Petitioner-Defendant Vs. Matin Tea and Trading Company .................. .....Respondent-Plaintiff Judgment ......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ..

Category: Procedural Law | Date: | Hits: 91

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