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Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... Agni Kumar Das vs. Mantazuddin AIR 1928 (Cal) 610 & Gaetano Colaco vs. Joao Rodrigaes AIR 1966 Goa 36. Lawyers Involved: Aminul Haque, Advocate instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Appellant. Abdur Rashid, Advocate, inst...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......l J: This appeal by leave at the instance of the first party‑appellant arises out of a proceeding under section 145 of the Code of Criminal Procedure and is directed against the judgment and order dated 27 June, 1989 passed by a Division Bench of the High Court Division, Dhaka making the R...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
.... Sukumer Sen & others Vs. Guranga Bejoy & others 1989 BLD (AD) 162. Lawyers Involved: TH Khan, Sr. Advocate, (MA Wahab Miah Advocate with him), instructed by Sharifuddin Chaklader, Advocate‑on‑Record ‑ For the Appellant SC Das Advocate, instructed b......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ...... by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent No. 1 Not Represented ‑ Respondent No. 2 Civil Appeal No. 1 of 1988 (From the judgment and order dated 2nd September, 1987 passed by the High Court Division Sessions at Chittagong in Civil O......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 110
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....he three accused persons and forwarded them to the Upazila Magistrate, Bamna who recorded their confessional statement under section 164 of the Code of Criminal Procedure. These accused appellants made confessional statements before PW 9 Shushil Kumar Roy, Upazila Magistrate, Bamna implicating t......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......te‑on‑Record ‑ For the Appellants. B Hossain, Advocate‑on‑Record ‑ For the Respondent. Criminal Appeal No. 1 of 1991 (From the Judgment and order dated 28th May, 1990 passed by the High Court Division, Barisal Session, in Death Reference ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....and others PLD 1975 (Lah) 1170. Lawyers Involved: Syed Mudassir Hossain Advocate, instructed by Md. Aftab Hossain Advocate‑on‑Record – For the Appellant Mohammad Ayub, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No.54 of 1......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......nding of fact without assigning any reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....bsp; Ed. ......sp; Ed. ......09; For respondent Nos. 1 (f) to 1 (h). Not Represented ‑ Respondent Nos. 1 (a) to 1 (e), 1 (f) to 1(j) & 2 to 22. Civil Appeal No. 70 of 1986 (From the Judgment and order dated 5.8.86 passed by the High Court Division, Circuit Bench Chittagong in First Appeal No.......sp; Ed. ..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....li Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991. Cases Referred to- Radha Kissen Chamria and others Vs. Durga Prosad Chamria AIR 1940 PC 167 & Commissioner of Income......f 1985. 2. As there are several conflicting decisions of the High Court Division, leave was granted to settle the question whether under the IRO the Labour Court has got the power to grant an ad‑interim order for stay of the operation of an order, impugned before it. At the time of the hearing ......b Hossain, Advocate‑on‑Record ‑For the Respondent No, 2. Ex parte‑ Respondent No. 1. Syed Amirul Islam, Advocate- Amicus Curie. Civil Appeal No. 27 of 1987. (From the judgment and order dated 10th July, 1986 passed by the High Court Division, Dhaka in Writ Petition No. 547 of 198......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
....ioner of Income Tax Punjab, AIR 1956 (SC) 367; Banwarilal Bhoid Vs. Neelkantham AIR 1965‑Orissa 102, Jagat Jamani Dibi Vs. Jyotsna Basu AIR 1978 Calcutta 392 and Surinder Kaur Vs. Mohinder Bahadur Singh AIR 1978 HP 27. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advoc......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......Aftab Hossain, Advocate‑on‑Record ‑ For the Respondent No.1. Ex‑parte‑ Respondent Nos. 2 & 3. Civil Appeal No.9 of 1986 (From the Judgment and order dated 19th November, 1985 passed by the High Court Division, Dhaka in Civil Revision No.773 o......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others……&hel......In Government of Bangladesh Vs. Ahmed Nazir, 27 DLR (AD) 41 it was held that the High Court has got power wider than the one under section 491 of the Code of Criminal Procedure and can grant an ad interim bail in a pending writ proceeding. In Kh. Ehteshamuddin Ahmed, Vs. Bangladesh, 33 DLR (AD) ......eneral, (Sharifuddin Chaklader, Assistant Attorney‑General, with him) instructed by AW Mallik, Advocate‑on‑Record. Civil Appeal No. 25 of 1991 (From the judgment and order dated 6th March, 1991 passed by the High Court Division, Dhaka in Writ Petition No. 136 of 1......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
.... The petition is dismissed. Ed. ......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......m the pond as the heirs of the CS recorded tenant while the Government claim it as khas land. However, the petition for condonation of delay in filing the appeal was rejected by the District Judge by order dated 21.8.88 from which a revision, CR No. 977 of 1988, was taken by the defendants with succ......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ..Category: Limitation Law | Date: | Hits: 185
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....nbsp; Muhammad Ramjan Sawdagar vs. AHM Fazlul Huq 15 DLR 99; Md. Wasiq Khan Vs. Md. Sadiq Khan 33 DLR 35; Jaha......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......Advocate‑on‑Record ‑ For the Petitioners. Not represented ‑ For Respondents. Civil Petition for Leave to Appeal No. 103 of 1991 (From the Judgment and order dated 26.7.90 passed by the High Court Division, Dhaka in First Miscellaneous Appeal No. 34 o......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 99
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
.... she and her husband were sleeping on the open verandah in his north bhiti hut along with their minor son Bipon. She woke up at about 1 AM on hearing cry of her husband who shouted stating that he had been given blow by sharp cutting weapon. On the same night the first wife of the deceased PW 5 R......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......ts. B Hossain, Deputy Attorney General, instructed by Md Wahidullah, Advocate‑on‑Record -For the Respondent. Criminal Appeal No. 13 of 1989 (From the Judgment and order dated 26th January, 1987 passed by the High Court Division, Jessore Sessions, Jessore in Deat......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....ers Involved Azizur Rahman Chowdhury, Advocate instructed by Miah A. Gafur, Advocate‑on‑Record ‑ For the Appellants. SC Das, Advocate instructed by Sharifuddin Chaklader, Advocate‑on ‑Record ‑For Respondent No. 1. Civil Appeal No. 31 of 198......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......Appellants. SC Das, Advocate instructed by Sharifuddin Chaklader, Advocate‑on ‑Record ‑For Respondent No. 1. Civil Appeal No. 31 of 1986 (From the Judgment and order dated 14.1.85 passed by the High Court Division, Chittagong Bench in the Civil Revision No. ......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll be relevant for disposal of this appeal is that, appellant No. 1 lodged a First Information Report with Jagannathpur Police Station stating, inter alia, that on 6.10.89 after Magrib prayer a Milad and Waz Mahifil was held in his house and at that time he heard a sound from the eastern corner ......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......209; on ‑Record‑ For the Appellants, Md. Nowab Ali, Advocate‑on‑Record ‑For the Respondent. Criminal Appeal No. 7 of 1991. (From the judgment and order dated 31st October, 1990 passed by the High Court Division, Dhaka in Criminal Miscellaneous C......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....eported in: 44 DLR (AD) 1. ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ...... Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondents. Khondkar Mahbubuddin Ahmed, Senior Advocate ‑ Amicus Curiae. Civil Appeal No. 33 of 1988 (From the judgment and order dated 10.5.1988 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revis......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....er as to costs. Ed. ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......treating the properties belonging to three families of the heirs of three sons of the Wakif. 2. The Province of East Pakistan (now Bangladesh) contested the suit asserting that the impugned order of the Revenue Officer under section 20 of the Act is well founded in law and binding upon th......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
.... Appellate Division (Civil) Present: Syed A. B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Fazle Munim, J. The Bangladesh Jatiya Matshajibi Samabaya Samity Ltd……...Appellant. Vs. The Chai......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......ate instructed by Md. M. R. Khan, Advocate-on-Record—For Respondent No. 2. Ex-parte—Respondent No. 1. Civil Appeal NO. 8 of 1975. (On appeal from the judgment and order dated 28th March, 1974 passed by the High Court Division in Petition No. 252 of 1973). ......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
..... Amirul Islam........... Appellant Vs. The Hon'ble Judges of the High Court Division (Sc) of Bangladesh and Govt. of Bangladesh …… ….Respondents Judgment &nbs......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......ents. K. A. Bakir, Attorney-General instructed by B. C. Panday, Advocate-on-Record—U/O XLV, Rule 1, 5. C (A.D) Rules. Civil Appeal No. 9 of 1974. (From the judgment and order dated 16-7-49 passed by the erstwhile High Court of East Pakistan in Criminal Revision No. 51......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
.... Judgment May 3, 1976. Cases referred to: H. H. B. Gill Vs. The King, A.I.R. 1948 (P. C.) 128; Matajagdobey Vs. H. C. Bhari, P.L.D. 1957 (S.C.) (India) 160; Syed Ahmad Vs. The State, 1958, 10 D. L. R. (S. C.) 12 PLD 1958 (S.C.) 27; Baijnath Vs. State of M.P. in A......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......nant having failed to obtain any sanction from the Government for starting prosecution, the Sub-Divisional Magistrate dismissed the case under section 203, Cr. P. C on 28. 4. 1969. Against the said order of the Magistrate the Sessions Judge was moved under Section-435 read with Section 436, Cr.P......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ucted by B.C. Panday, Advocate-on-Record— For the Respondent. Criminal appeal No. 3 of 1975. (From the judgment and order dated 24-7-1972 passed by the erstwhile High Court of Bangladesh in Criminal Appeal No. 581 of 1966). Judgment: Ahsanuddin Chowdhury, J.—T......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......he appellant. A.T.M. Afzal, Deputy Attorney-General, instructed by B.C. Panday, Advocate-on-Record— For the Respondent. Criminal appeal No. 3 of 1975. (From the judgment and order dated 24-7-1972 passed by the erstwhile High Court of Bangladesh in Criminal Appeal No. 581 o......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....Narayanganj Municipality, (2) The Narayanganj Municipal Committee, (3) The Commissioner, Dacca Division and Controlling Authority of Municipal Committees and (4) Government of East Pakistan (now Bangladesh) in the Fourth Court of the Munsif, Narayanganj for permanent injunction restraining them from......f, Narayanganj for permanent injunction restraining them from holding the meeting of the Municipal Committee fixed on the 10th December, 1966 for electing a Vice-Chairman. In that suit an order of ad interim injunction was passed on 9th December, 1966 against the Chairman, Municipal Committee and Co...... (In all the appeals). Not represented.—For the respondent No. 1 (In Criminal Appeals Nos. 6-D & 8-D of 1971). Criminal Appeal Nos. 6-D, 7-D, and 8-D of 1971. (From the judgment and order dated 15-4-68 passed by the erstwhile High Court of East Pakistan in Criminal Miscellaneous Ca......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
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