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State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)

....Reported in: 43 DLR (AD) (1991) 92. ......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another........................Respondents Judg......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..

Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104

Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)

....1953 (SC) 886; Parshotam Lal Dhingra Vs. Union of India PLD 1958 (SC) 217; Abdul Majid Sheikh Vs. Mushaffe Ahmed & another 17 DLR (SC) 63; Chairman, Railway Board Vs. Abdul Majid 18 DLR (SC) 532; State of Bombay Vs. FA Abraham AIR 1962 (SC) 794; PLD 1959 (SC) 82; Province of West Pakistan Vs. Ba...... ......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in:  43 DLR (AD) (1991) 144. ......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in:  43 DLR (AD) (1991) 144. ..

Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112

The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)

....1) 83. ......tafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Govern­ment of the People's Republic of Bangladesh ....................................Appellant Vs. Ashraf Ali alias Ashraf & another........................Respondents Judgment ......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ..

Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88

Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)

....ellip;…..Appellant Vs. Niranjan Chowdhury and another ………Respondents Judgment November 1, 1990. Result: The Appeal is dismissed. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII Of 1951), Section 96 Wheth...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Karimunnessa Begum Chowdhurani and others………………..Appellant Vs. Niranjan Chowdhury and another ………Respondents Judgment No......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..

Category: Property Law | Date: 1 Nov, 1990 | Hits: 40

Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)

....can be available only in the course of trial of the suit which is prima facie maintainable. Cases Referred to- Rafiqul Alam vs. Mostafa Kamal and others, 42 DLR (AD) 137, Secretary of State Vs. Mask and Co., 44 CWN 709. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior......sent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Kazi Mobarak Ali .............................................Appellant Vs. Mohammad Yeasin Mazumder and others................Respondent Judgment August ...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60.   ...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60.   ..

Category: Others | Date: 29 Aug, 1990 | Hits: 115

Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)

....cused from being prejudiced in their defence………………………… (4) Cases Referred to- Shamsul Huq @ Shamsul and others Vs. The State, 38 DLR (AD) 75; Abdul Aziz Vs. the State and others, BCR 1987 (AD) 140. Lawyers Involved......t Division (Criminal Appellate Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Sharif (Mohd) .................Complainant‑Appellant Vs. Mohd Obaidur Rahman & others .......................Accused Respondents Judgment ......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ..

Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80

Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)

.... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Wajear Rahman Moral (Md.) .......................Appellant Vs. The State ...............................Respondent Judgment August 20, 1990. Result: ......te Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Wajear Rahman Moral (Md.) .......................Appellant Vs. The State ...............................Respondent Judgment August 20, 1990. ......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ..

Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84

Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)

....991) 420. ......: 43 DLR (1991) 420. ......unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ..

Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99

State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)

.... in: 43 DLR (AD) (1991) 44. ......llate Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J State................................... Appellant Vs. Abdus Sattar and others..........Accused-Respondents Judgment August 9, 1990. ......g a Gamcha on his neck. On seeing this P.W.2 and 3 ran to the house of P.W.1 Abdur Rab and informed him what they had seen. Then P.W.1 along with PWs 2 and 3, Abdul Hai (P.W.11), Salam Sarder (PW 7), Kalam (P.W.9) Fazar, Arab Ali (P.W.4) and others went to the house of Nurul Haque and found the resp......3 of 1979. The respondents were charged under section 302/34 and 201 of the Penal Code and the other accused (since acquitted) were charged only under section 201 Penal Code. 3. One Abdul Hakim Talukder, a residence of village Jainkathi, PS Patuakhali, was alleged to have been murdered by the ..

Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50

Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)

....man J ATM AfzaI J Mustafa Kamal J Abdul Hai Sikder and another…………………………….Appellants Vs. The State ...................................................Respondent Judgment August 1, 1......J MH Rahman J ATM AfzaI J Mustafa Kamal J Abdul Hai Sikder and another…………………………….Appellants Vs. The State ...................................................Respondent Judgment ...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ..

Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91

Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)

....on (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Abul Kashem and others.....................Appellants Vs. The State..........................................Respondent Judgment August 1, 1990. ......pellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Abul Kashem and others.....................Appellants Vs. The State..........................................Respondent Judgment August ......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ..

Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51

Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)

.... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rahman Mondal and others.............Appellants Vs. The State.................................................Respondent Judgment July 23, 1990.......riminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rahman Mondal and others.............Appellants Vs. The State.................................................Respondent Judgment ......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17.   ......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17.   ..

Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52

Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)

....gh Court Division (Criminal Revisional Jurisdiction) Present: MS Ali J Habibur Rahman Khan J Dr. Md. Abdul Baten................................Petitioner Vs. The State..............................................Opposite Party Judgment June 27, 1990.......Court High Court Division (Criminal Revisional Jurisdiction) Present: MS Ali J Habibur Rahman Khan J Dr. Md. Abdul Baten................................Petitioner Vs. The State..............................................Opposite Party Judgment J...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ..

Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110

Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)

.... in the present cases. Cases Referred to- Kaushalya Rani vs. Gopal Singh, AIR 1964 SC 260; Mangu Ram vs. Delhi Municipality, AIR 1976 Supreme Court 105; Mustafa @ Mustafizur Rahman Vs. The State, 1985 BLD 335; Syed Mahmud Alam Vs. Syed Mehdi Hussain, PLD 1970 (Lahore) 6; The Punjab Provin......vil) Present: Shahabuddin Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Ishaque (Md.) and others ………..................Appellants Vs. The Government of Bangladesh………Respondent (In Civil Appeal No.13 of 19...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ..

Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176

Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)

....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ...... ......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......han & others, 34 DLR 345; M/s. Anath Bandhu Guha and Sons Ltd., 7 PLR (Dac) 159; Messrs Anath Bandhu Guha & Sons Ltd, 7 PLR Dacca; Lawyers Involved: Md. Aminul Haque with A. Mannan Talukder, Advocates ‑For the Petitioner. Tofailur Rahman with SR Khoshnabish, Advo­cates ..

Category: Company Law | Date: 17 Jun, 1990 | Hits: 184

Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)

.... Appellate Division (Criminal) Present: Shabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Shahabullah (Md)...................Appellant Vs. The State .................................Respondent Judgment June 13, 1990. Result: ......reme Court Appellate Division (Criminal) Present: Shabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Shahabullah (Md)...................Appellant Vs. The State .................................Respondent Judgment June 13, 1990. ......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ..

Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119

Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)

....sional Jurisdiction) Present: MS Ali J Habibur Rahman Khan J Atiqur Rahman ........................................................Petitioner Vs. AKM Fazlul Hoque, the State.........................................Opposite‑Parties Judgment June 11, 1990. ......rt Division (Criminal Revisional Jurisdiction) Present: MS Ali J Habibur Rahman Khan J Atiqur Rahman ........................................................Petitioner Vs. AKM Fazlul Hoque, the State.........................................Opposite‑Parties ......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ..

Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80

Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)

....spondent's shares, as mentioned above, by transferring the same to his name and to the name of his wife. The Board of Directors, it was alleged, approved this transfer, and with permission of the State Bank of Pakistan the transfer of share to appellant No.2, who was then a British national, was......34. ......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..

Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296

Abdur Rouf Mia Vs. Ministry of Local Government, Rural Develop­ment and Co‑operatives and others, 1990, 19 CLC (HCD)

....poll. In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 43 DLR (1991) 29. ...... Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Abdur Rouf Mia................................Petitioner Vs. The Ministry of Local Government, Rural Develop­ment and Co‑operatives and others .........poll. In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 43 DLR (1991) 29. ......poll. In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 43 DLR (1991) 29. ..

Category: Election Law | Date: 24 May, 1990 | Hits: 101

Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)

....t: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bakul Howlader @ Shamsul Alam.....................Accused-Appellant Vs. The State ..................................Respondent Judgment May 20, 1990. Result: ......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bakul Howlader @ Shamsul Alam.....................Accused-Appellant Vs. The State ..................................Respondent Judgment May 20, 1990. ......bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ..

Category: Criminal Law | Date: 20 May, 1990 | Hits: 100