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Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)

.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ...... Cases Referred to- Abdul Khaleque and others Vs. State 12 DLR (SC) 165; 19 DLR (SC) 259 & Rameshwar Vs. State of Rajasthan 1952 SCR 377. Lawyers Involved: Abdus Sobhan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. M Shamsul A......entification the appellants were arrested. According to the learned Judge, this was sufficient corroboration of the allegation of P.W. 4 Salma Begum that she was raped by the appellants. Naimuddin Ahmed J found corroboration of the statement of the victim woman from the evidence of P.W.s 2 and ......uhul Amin are public witnesses and they are also witnesses in the seizure list and the other witnesses are the victim woman herself, four police personnel and a Medical Officer P.W. 8 Dr. AKM Ayub Ullah who examined the victim woman. 6. In this case, the material evidence being only of th..

Category: Criminal Law | Date: | Hits: 66

Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)

....ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ...... Government of the People's Republic of Bangladesh and others..............................Respondents Judgment March 31, 1993. Lawyers Involved: Abdul Matin Khasru, Advocate (appeared with leave of the Court), instructed by Md. Nawab Ali, Advocate-on-Record -For t......he petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ..

Category: Constitutional Law | Date: | Hits: 150

Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)

....s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ......ohrab Ali Dewan Vs. Chairman, Second Labour Court 1978 BSCR 477 and SN Quddus Vs. Chairman, Labour Court, 33 DLR (AD) 12.   Lawyers Involved: Rafique‑ul Huq, Senior Advocate (Mr. Khalilur Rahman, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ..

Category: Labour and Industrial Law | Date: | Hits: 100

Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)

....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ...... AFM Shah Alam Vs. Mujibul Huq and others 41 DLR (AD) 68; Abdur Rab Mia Vs. Fazlur Rahman 43 DLR (AD) 23, AC Jose Vs. Sivan Pillai AIR 1984 SC 921. Lawyes Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Mvi. Wahidullah, Advocate-on­-Record- For the Appellant (In Civil Appeal No......, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ..

Category: Election Law | Date: | Hits: 117

Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)

....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......bdul Wadud Khan .... Petitioner [Criminal Petition No. 122 of 1992] Vs. State…………. Respondent [In all Petitions] Judgment November 26, 1992. Lawyers Involved: Moudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Peti­tioner (in Criminal Peti......] Abdul Wadud Khan .... Petitioner [Criminal Petition No. 122 of 1992] Vs. State…………. Respondent [In all Petitions] Judgment November 26, 1992. Lawyers Involved: Moudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Peti­tioner (in Crimin......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..

Category: Anti-Corruption Laws | Date: | Hits: 302

Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)

....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......Nayan Udasi Nanak  Shahi AIR 1933 Allahabad 49 (J); Mohd. Fazlur Rahman Vs. Custodian of Evacuee Property AIR 1956 (FB) Hyderabad, 91. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Serajuddin Ahmed, Advocate-on- Record - For the Appellant. AW Bhuiya......Akhara, Choto Nayan Udasi Nanak  Shahi AIR 1933 Allahabad 49 (J); Mohd. Fazlur Rahman Vs. Custodian of Evacuee Property AIR 1956 (FB) Hyderabad, 91. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Serajuddin Ahmed, Advocate-on- Record - For the Appellant. ......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..

Category: Administrative Law | Date: | Hits: 125

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......e CJ remarked in Seing Mating VEA Chettyar Firm, 14 ILR (Rangoon) 87 (91); Mammunhi Vs Kunhibi AIR 1961 Kerala 147; AIR 1961 Kerala 147. Lawyers Involved: TH Khan, Senior Advocate (Mr. AM Wahab Miah, Advocate with him) instructed by Mr. Aftab Hossain, Advocate-on-Record......at is meant by the expression "bonafide title or claim of title" as used by Sir Barnes Peacock in this connection." 28. In Premji Jivan Bhate Vs. Haji Cassum Juma Ahmed, ILR 20 Bom. 298. it was held that the rule in Ramsden Vs. Dyson is subject, in India, to the......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..

Category: Property Law | Date: | Hits: 80

Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)

....h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......others………….... Defendants-Respondents Judgment July 7, 1991. Case Referred to- PLD 1953 (Dhaka) 183. Lawyers Involved: AK Badrul Huq, Advocate at present instructed by Md. Aftab Hussain, Advocate-on-Record - For the Petitioner. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Alhaj Mokter Hussain Talukder ..................................Plaintiff-Petitioner Vs. Ainuddin Ahmed and others………….... Defendants-Respondents Judgment July......h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ..

Category: Property Law | Date: | Hits: 63

Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)

....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ...... 960, Brojendra Kumar Sengupta Vs. Jiten­dra Chandra Sen AIR 1960 Assam III & Begum Vs. Seth Dooli Chand (1909) 2 IC 266. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Meah Abdul Gafur, Advocate - on-Record -For the Appellant. Nurul Hu......ut any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ..

Category: Property Law | Date: | Hits: 81

Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)

.... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ......Vs. Chairman, Bangladesh Power Development Board & others................ Respondents Judgment August 31st, 1992. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Lutifor Rahman Majumdar, Advocate with him) instructed by Md. Aftab Hossain, Advocate......out any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..

Category: Criminal Law | Date: | Hits: 71

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

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

....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 .......................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......e 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)

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

.... 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 ..............................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......, 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)

....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. ......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......er 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)

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

....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. ......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, ......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)

....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. ......hers………………………………Respondents Judgment July 18, 1973. Lawyers Involved: T. Ali, Senior Advocate instructed by Abdul Matin Khan Chowdhury, Advocate-on-Record— For Appellant. ......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. ......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. ..

Category: Property Law | Date: | Hits: 60

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

....he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ...... 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......hief Justice was of the opinion that this would lead to the absurd conclusion that the jurisdiction of the Supreme Court was subject to control by the High Court. In his supporting judgment Sajjad Ahmed Jan, J added that the grant of a certificate of fitness for appeal was judicial function, whi......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)

....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. ......;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.......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