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Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....resent suit is not maintainable without a prayer for partition. Lawyers Involved: N H Khandkar, Advocate-on-Record-For the Appellant. SR Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. Ex parte-Respondent Nos.2‑10. Ci......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......ppellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J Tayeb Ali................................Appellant Vs. Abdul Khaleque and others.... Respondents Judgment November 27, 1990. Res......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....ished evidence given by other witnesses who got no grudge or enmity whatever with the accused. Case Referred to- Golam Mohammad Vs. Sharif, 21 DLR (SC) 206. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellant. Sirajul Huq, Senior Advocate, instructed by Sha......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. ......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. ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ali Bank and others, 37 DLR (AD) 42; Government of Bangladesh Vs. Mirza Shahab Ispahani 40 DLR (AD) 177. Lawyers Involved: T H Khan with MA Wahab Mia, Advocates - For the Petitioners. Delwar Hossain, AAG with Hosne Ara Ahsan, Advocates ‑ For the Respondents. Writ Petition No.381 of 199......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......D) (1993) 12.......another..................Respondents Judgment November 5, 1990. Cases Referred to- M/s. Gannysons Ltd. and another Vs. Sonali Bank and others, 37 DLR (AD) 42; Government of Bangladesh Vs. Mirza Shahab Ispahani 40 DLR (AD) 177. Lawyers Involved: T H Khan with MA Wahab Mia, Advocates..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
.... tact the original holding or holdings. Cases Referred to- Salimuddin Mondal Vs. Mohitosh Biswas, 14 DLR 796, Baba Huq Vs. Laljan, 8 DLR 362, Makhan Lal Vs. Reazuddin Sepai 13 DLR 323, Diam Hossain Vs. Haran Das, 13 MR, 283, Mosammat Asimon Nessa vs. Md. Akbar Ali Sheikh and others, 19 DLR......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. ...... 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. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
....ndkar Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him), instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant. Abu Sayed Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-3. Dead. substitution exempted vide...... 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. ......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. ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....ER 763. Lawyers Involved: M Nurullah, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Appellant. Dr. M Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No.1. SR Pal, Senior Advocate, instructed by Ata......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Agrani Bank .............................................Appellant Vs. Bangladesh Tyres Ltd and others..............Respondents Judgment August 29, 1990......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....s order dated 11 May 1983, held all the appellants guilty under s. 148 of the Penal Code and sentenced them each to RI for six months. In addition, two of the appellants namely, Abdus Salam and Ahmed Hossain, were held guilty under s. 326 of the Penal Code and sentenced to RI for 3 years and fine of......ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ...... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J A Gafur alias Haji Abdul Gafur & others.................Appellants Vs. Jogesh Chandra Roy and another.............................Respondents Judgment ......ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
.... Vs. Munshi A Khair 32 DLR (AD) 96; 17 DLR, Dhaka 643; Mohendra Nath Vs. Susila; 12 DLR 745 and 16 DLR (SC) 386. Lawyers Involved: Md. Faziul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. TH Khan, Senior Advocate, instructed by Miah Ab......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Anwara Begum and others............Defendants-Appellants Vs. Shahanewaz and another............... Plaintiff-Respondents Judgment August 22, 1......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....ntence is commuted to one of life imprisonment. Case Referred to- Sheikh Minted Vs. The State 3, BSCR 417. Lawyers Involved: MA Wahab Miah, Advocate-For the Appellant. B Hossain, Advocate-on-Record - For the Respondents. Jail Appeal No. 1 of 1990. (From the ......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. ......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. ..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....eaded not guilty to the charges. 5. The defence case as appears from the trend of cross‑examination of the PW 3 Narayan Chandra and the deposition of PW 4 Md. Akhteruzzaman and PW 5 AM Shakhawat Hossain is that the accused is a rickshaw puller. 6. The learned Assistant Sessions Judge on cons......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. ......: 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
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
....properties the bar of section 69(2) of the Partnership Act is not attracted. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam, Advocate with him instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. SR Pal, Senior Advocate instructed by Aminul Hu...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......ppellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Mahbubul Alam Chowdhury and others............Appellants Vs. Chaman Ara Begum and others…………..................Respondents ...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....iminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Nannu Gazi....................................Appellant Vs. Awlad Hossain & others...................Respondents Judgment August 14, 1990. Result......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......vision (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Nannu Gazi....................................Appellant Vs. Awlad Hossain & others...................Respondents Judgment August 14, 1......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....title which is not permissible in law. The appellants may file an application for analogous hearing of Title Suit No. 7 of 1969 with the present suit, if they so desire. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellants. MG Rabbani, Senior Advocate, instructed by Sham......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......abuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J Golam Kader being dead his heirs; Nurun Nahar Begum and others..................... Added-Defendant-Appellants Vs. Abdul Khaleque Choukder and others ......................Plaintiff-Respondents Judgmen......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....e order of acquittal and convert the same into an order of conviction agreeing with the trial court. Case Referred to- Noora Vs. State, PLD 1973 (SC) 4691. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellant. Mainul Hosein, Advocate, Joinal Abedin, Advocat......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported 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. ......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation........................... Appellants (In all the appeals) Vs. Shahid Hossain Bhuiyan (Md) & others..................Respondents (In Civil Appeal No. 33 of 1990) ...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ...... Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation........................... Appellants (In all the appeals) Vs. Shahid Hossain Bhuiyan (Md) & others..................Respondents (In Civil Appeal No. ...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
....s not completed within 90 days, further investigation shall be stopped and the accused, if in custody, shall be released. Lawyers Involved: Joynul Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Not Represented-Respondents. Criminal App...... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Kazi Abdul Jalil.............................Appellant. Vs. Jashim Munshi and another ………..Respondent Judgment August...... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....urt to rectify share register, it is well‑settled that a suit is not barred thereby, especially when detailed evidence is to be taken to settle issue of fact. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record-For the Appellant...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ......Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Afruz Miah (Md.) and another..................... Defendant-Appellants Vs. Alhaj Md. Siraj Miah being dead his legal heirs: Karimunnessa and others ... Plaintiff-Res...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
....is full, complete and self contained, stands fully corroborated by circumstances and medical evidence on record and remains unshaken by cross examination. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by M Nowab Ali, Advocate-on–Record for the Appellants. ...... 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. ......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. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....eviews if they are made over or transferred to him by the Sessions Judge. Case Referred to- Nurul Huda Vs. Bahar Uddin & ors, 41 DLR 395. Lawyers Involved: Khandakar Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appella......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. ......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. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....appeal on the basis of evidence on record. The order of remand for retrial will cause prejudice to the accused appellants. Lawyers Involved: Amirul Islam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. B Hossain, Deputy Attorney‑General, instruc......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. ......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 ......o prove its case. In the face of such evidence on record, the order of re-trial merely furnishes an opportunity to the prosecution to plug the holes of the prosecution case and to fill up the lacuna. Mir Amirul Islam submits that re‑trial under such circumstances will only add to the harassment, d..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
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