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Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....ved: Dr. Kamal Hossain, Senior Advocate, instructed by Mvi. Wahidullah, Advocate-on-Record- For the Appellant (In Civil Appeal No. 35 of 92). Tareque, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant (In Civil Appeal No. 43 of 92). AW Bhuiyan, Additional......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. ......Civil Appeal No. 64 of 1992). Not represented-Respondent Nos. 5-9 (In Civil Appeal No. 64 of 1992). Civil Appeal Nos. 35, 43, 53, 54, 55, 56, 57, 58, 59 and 64 of 1992 (From the judgment and order dated 6.7.92, 9.7.92, 8.7.92, 9.7.92 and 30.6.92 passed by the High Court Division in Writ Pet......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)
....roceeding 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 ......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 ...... Ahmed, Senior Advocate, instructed by Md. Aftab Hossain Advocate -on-Record-For the Petitioner (In Criminal Petition No. 122 of 1992). Criminal Petition No. 117 of 1992. (From the judgment and order dated 23rd September, 1992 passed by the High Court Division in Criminal Revision No. 657 of 1......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)
....ivision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment January 31st, 1993. ......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 ......innur Ahmed, Advocate-on -Record -For the Respondent No. 1. Miah Abdul Gafur, Advocate-on-Record -For the Respondent No. 2. Civil Appeal No. 25 of 1992. (From the judgment and order dated June 19, 1991 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 34 o......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)
.... TH Khan, Senior Advocate (Mr. AM Wahab Miah, Advocate with him) instructed by Mr. Aftab Hossain, Advocate-on-Record -For the Appellant. MH Khondker, Senior Advocate (Mr. AJ Mohammad Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record -For the Respo......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 ...... (Mr. AJ Mohammad Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record -For the Respondent. Civil Appeal No. 7 of 1990. (From the judgment and order dated 8.8.90 passed by the High Court Division, Dhaka in First Appeal). Judgment: ......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)
....Ahmed and 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 Petiti......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 ......de. The resulting Miscellaneous Case No. 407 of 1980 was also dismissed for default and again an application under Order 9 rule 9 read with section 151 CPC was filed for setting aside the dismissal order in the miscellaneous case. Upon objection raised by the defendant the second Miscellaneous C......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)
....sp; Vs. Momtaz Begum and others...................................Respondents Judgment December 3rd, 1992. Cases Referred to- Shah Muhammad Vs. Huq Nawaz and the State 23 DLR (SC) 14 and Md. Shahabul Huda Vs. Md. Sahafi 36 D......e long subsequent story short, it may be stated that the plaintiff also filed an application for temporary injunction upon filing of the suit on 8.2.80. The trial Court granted an order of ad‑interim injunction against which the respondents preferred Miscellaneous Appeal No. 119 of 1980 whi......Single Judge of the High Court Division set aside that judgment and directed the trial Court to reject the plaint in limini. 3. The plaintiff is the appellant by leave from the judgment and order of the High Court Division dated 12.5.91. 4. The appellant Jobeda Khatun filed the su......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)
.... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J. Giasuddin Bhuiyan (Md)...................Appellant Vs. Chairman, Bangladesh Power Development Board & others................ Respondents Judgment August......further bill, other than those mentioned above, continued with the consumption of electricity upon taking re‑connection of the snapped line through his own mechanic under the cover of the ad interim order of status quo dated 16.7.1987 passed by the learned Senior Assistant Judge, Gazipur i......a in Writ Petition No. 1609 of 1989). Judgment: ATM Afzal J.- This appeal by leave arises from an order dated 10 December, 1989 passed by a Division Bench of the High Court Division, Dhaka summaril...... 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)
....9 of 1991 in the Court of Upazila Magistrate, Patuakhali. Respondent, who filed the complaint, alleged that he is a fish merchant at Terminal Ghat, Patuakhali, whereas the accused appellant is a trader in fish at Chuadanga. Both of them had long‑standing business relationship regarding sal......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 ....... 1889 of 1991). Judgment: Shahabuddin Ahmed CJ.- This appeal by leave calls in question an order of the High Court Division dated 30 October 1991 summarily dismissing the accused-appellant's......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)
....ptee-petitioner was not a co‑sharer in the case holding and the deed of gift was a pre-emptible one. Among other defences the pre-emptee-petitioner contended that the miscellaneous case was bad for non-joinder of parties and that the deed of gift is not a pre‑emptible document. ......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 ...... Mustafa Kamal J.- This petition for leave to appeal by the pre-emptee-petitioner is from the judgment and order of a learned Single Judge of the High Court Division dated 27.4.92 in Civil Revision No. 986......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)
....d 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 ......rd - For the Appellant. Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-record - For the Respondent. Civil Appeal No. 62 of 1985. (From the judgment and order dated 24th June 1984, passed by the High Court Division, Dhaka Bench, in SMA No. 16 of 1972).......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 ...... 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 ....... Nowab Ali, Advocate-on-Record-For the Respondent No. 1. Not Represented ‑Respondent No. 2. Civil Petition for leave to appeal No. 121 of 1990. (From the judgment and order dated 27.2.90 passed by the High Court Division, Dhaka in Civil Revision No. 575 of 1987). ...... 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)
....e delivered by my learned brother Afzal, J. I agree that acquittal of the respondent by the Appellate Court is highly improper and that this appeal by the State should be allowed. 1, however, like to add a few words in connection with the respondents contention that the trial was vitiated by mis‑j......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. ......on- Record-For the Appellant. Serajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-For the Respondent. Criminal Appeal No. 19 of 1990 (From the judgment and order dated 10.11.88 passed by the High Court Division, Dhaka, in Criminal Appeal No. 558 of 1987). ......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)
....ppeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......effect that the appellant "shall pay the entire fine of Taka 9,00,000.00 (nine lacs) within six months from date, failing which the order of set aside. Payment of the fine is also stayed till interim bail shall stand automatically cancelled without any further reference." ......rd-For the Appellant. B Hossain, Assistant Attorney General, instructed by M Nawab Ali, Advocate-on-Record - For the Respondent. Criminal Appeal No. 9 of 1988. (From the order dated 23.2.88 passed by the High Court Division, Dhaka, in Criminal Appeal No. 54 of 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 ..Category: Criminal Law | Date: | Hits: 44
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....ase 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. ......pellant. Moinul Huq, Advocate, instructed by S, M Huq, Advocate-on-Record—For the respondent No. 1. Civil Appeal No. 40-D of 1970. (On appeal from the judgment and order of the erstwhile High Court of East Pakistan dated 19-4-67 in Civil Revision No. 704 of 1962)......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)
....ion, was granted under 26F of the Bengal Tenancy Act, and not under section 96 of the East Bengal State Acquisition and Tenancy Act. 2. The pre-emptor, respondent No. 1 in this appeal had described his application as being under section 26F of the Bengal Tenancy Act. This application......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. ......ppellant. Jane Alam, Advocate, instructed by S.M, Huq, Advocate-on-Record—for Respondent. Civil Appeal No. 78-D of 1968, (On appeal from the judgment and order of the erstwhile High Court of East Pakistan dated 14-2-67 in Civil Revision Case No. 811 of ......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)
.... Sayem CJ AB Mahmud Husain J Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another …………………………R......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......ker, Mahmudul Islam, A W. Bhuiyan, Asstt. Attorney General, instructed by A. Rab, I. Advocate-on-Record—For the Respondents. Civil Appeal No 23 of 1974. (From the judgment and order of the High Court Division dited20-5-74 passed in Writ Petition No, 559 of 1974). Judg......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)
....ip;………….Respondent Judgment April 24, 1974. Cases Referred To: Mst. Sughra Regum vs. Mia Md Din, (1957)9DLR (WP) 37; Kent Vs Kent. ATR 1926 Mad. 59: Tubi Das Vs Sm Soroju Devi. AIR 1933 Cal 406 ;M Bulteel, Vs R C. Bulteel, AIR 1938 ......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. ......or the Appellant. Md. Nurul Huda, Senior Advocate instructed by S.S. Huda, Advocate-on-Record—For the Respondent. Criminal Appeal No. S-D of 1971. From the judgment and order of Dacca High Court dated 3t-10 69 passed in Criminal Revision No. 813 of 1968. Judgme......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)
..... ......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. ...... S. M. Huq, Advocate-on-Record—For the Respondents. Criminal Appeal No. 11 of 1973, with Petition for Special Leave to Appeal No. 58 of 1973. (On appeal from the judgment and order dated 31st May, 1973 passed by the High Court Division of this Court in Criminal Revision Cas......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)
....spondent 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 the petitioners. No......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. ......dvocate-on-Record)—For the petitioners. Not represented—For the Respondent. Petition for Special Leave to Appeal Nos. 47 & 48 of 1973 (Against the judgment and orders of the High Court Division dated the 9th July, 1973 in Criminal Revision Nos. 238 & 240......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)
....em CJ.-This petition for special leave to appeal is by two accused persons currently facing charges before a special Magistrate at Mymenshingh under President's Order No. 8 of 1972. i.e., the Bangladesh Collaborators (Special Tribunal Order, 1972 (hereinafter referred to as the Collaborator......ed by the Proclamation on the President designated by it was not intended to extend to changing the system of Government or to the making of a constitutional piece of legislation, even of an interim nature. It will, however, be seen that in addition to conferring on the President al......Record —For the Petitioners. None—For the Respondents. Petition for Special Leave to Appeal No. 45 of 1973. (Against the judgment and order of the High Court Division dated the 2nd July, 1973 in Criminal Revision No. 230 of 1973) ......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