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Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

....ed to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred to- Shaheda Masood Vohra Vs. The State and others, BCR 1987 HCD page 251; Dr. Nurul Islam Vs. Bangladesh, Ministry of Health and Population Control aid others, 33 DLR (AD) page 201. ......44. ..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184

Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)

....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......CD) (1994) 57. ..

Category: Property Law | Date: 30 Jan, 1991 | Hits: 2

Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

.... for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......n supplied to the petitioner or any other Directors and the Registrar of Joint Stock Company. For the business of the company the said Managing Director had taken loan of about Tk. 30,00,000/‑ from Islami Bank respondent No. 15 but cannot repay the aforesaid debt even by installment as agreed upon......ourt High Court Division (Original Civil Jurisdiction) Present: Md. Mozammel Hoque J Md. Ismail Siddique.......................................................Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment ..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

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

.... 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 Judgment ......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. ...... 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 Judgment December 12,......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..

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

Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)

.... misappreciation of the evidence on record. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Sand Advocate-on-Record-For the Appellant. Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent No. 1. Ex parte - Respondent Nos. 2 &a......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82.   ......rt acted beyond it's jurisdiction in setting aside the concurrent finding of fact, when there is no misreading and misappreciation of the evidence on record. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Sand Advocate-on-Record-For the Appellant. Shaheed Alam, Advoca......vil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment..

Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107

Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)

....al and others, PLD 1960 (Dacca) 3 = 11 DLR 347; Hupen Majhi 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 Appel......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. ......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..

Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106

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

....l, Advocate‑ For the State. Criminal Appeal No. 210 of 1989. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and order of conviction and sentence passed by Mr. Md. Abdul Hannan, Assistant Sessions Judge and Special Tribunal, Narayanganj in Special Tribunal Cas......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. ......nd sentence passed by Mr. Md. Abdul Hannan, Assistant Sessions Judge and Special Tribunal, Narayanganj in Special Tribunal Case No. 1 of 1987. 2. The prosecution case as given by informant Mahibul Islam constable No. 605 at Tan Bazar Police out‑post is that on 8.10.86 he along with constable No......: 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)

....rtnership 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...... 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 ...... When the suit properties are not partnership 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. ......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 ..

Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121

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

.... Noora Vs. State, PLD 1973 (SC) 4691. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellant. Mainul Hosein, Advocate, Joinal Abedin, Advocate, with him instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents Nos. 1 and 3-4. Ex‑parte ‑ Respo......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. ......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. ..

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

Official Liquidator, East Bengal Commercial Bank Ltd. Vs. Mrs. Jahura Khatun & others, 1990, 19 CLC (HCD)

....e rest. But there shall not be any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 558. ......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 558. ......others...................................................Defendants-Opposite Parties. Judgment July 23, 1990. Lawyers Involved: Habibur Rahman, Advocate ‑ For the Plaintiff. Mahmudul Islam, Advocate ‑ For the Defendant No. 3. TH Khan with MA Wahab Mia, Advocates ‑ For the Def...... High Court Division (Original Civil Jurisdiction) Present: Md. Mozammel Hoque J Official Liquidator, East Bengal Commercial Bank Ltd. (In Liquidation)…......Plaintiff Petitioner Vs. Mrs. Jahura Khatun & others...................................................Defendants-..

Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158

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

....ecide the 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‑Genera......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.   ......the appellate court below to decide the 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 Hos......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 ..

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

Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)

....he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......he Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......h Court Division (Civil Revisional Jurisdiction) Present: AKM Amirul Islam Chowdhury J Muhammad Ansar Ali J Bijoy Kumar Basak.................................Petitioner Vs. Narendra Nath Datta & others............Opposite Party Judgment July 11. 1990..

Category: Property Law | Date: 11 Jul, 1990 | Hits: 67

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

.... 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. ......hers, 33 DLR 88; Khalilur Rahman Vs. State, 41 DLR 385; Mokhdoont Hossain Vs. Dr. Wahed Ali, PLD 1961 (Karachi) 432. Lawyers Involved: Aminul Huq with Md. Nizamul Huq, Farid Ahmed and Nurul Islam Sujan, Advocates ‑ For the Petitioner. Abu Syed Ahmed, Advocate ‑ For the Opposite Pa......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..

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

Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)

.... re-poll. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Rabeya Bhuiyan, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Petitioner. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-11. ......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ...... Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rah­man J Abdur Rouf Miah ...........................Petitioner Vs. Fazlur Rahman and others..............Respondents Judgment June 27, 1990. ..

Category: Election Law | Date: 27 Jun, 1990 | Hits: 139

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

....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. ...... 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. ......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..

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

AKM Hedayetul Islam Vs. Executive Vice Chairman, Bangladesh Agricultural Re­search Council and another, 1990, 19 CLC (HCD)

.... from him by serving a questionnaire on him. He replied to these queries and questions and thereafter a proceeding was drawn up against him charging him with misconduct on various grounds and one Mr. Md. Walled Hossain was appointed as Enquiry Officer to enquire into the charges against him. He show......reby set aside and those of the learned Munsif are restored although not on the same grounds. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 44. ....... Ed. This Case is also Reported in: 43 DLR (1991) 44. ......d in: 43 DLR (1991) 44. ..

Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74

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

....s. State 37 DLR 278; Muhammad Zaheer Nadeem Vs. State, PLD 1960 (SC) 51; Som Prakash Vs. State of Delhi, AIR 1974 (SC) 989. Lawyers Involved: Mahbubur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. B Hossain, Deputy Attorney‑General,......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. ......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. ..

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

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

....asad vs. Official Assignee of Calcutta, 52 CWN 342. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, M. Nurullah, Senior Advocate, (Mahmudul Islam, Advocate with him), instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants (In Civil Appeal Nos.39 to 41 of 1986). ......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. ......har Ali, 52 CWN 64; Hurdutrai Jogodish Prasad vs. Official Assignee of Calcutta, 52 CWN 342. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, M. Nurullah, Senior Advocate, (Mahmudul Islam, Advocate with him), instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants (In......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)

.... 42 DLR (AD) 49. Lawyers Involved: Rabia Bhuiyan with AMMM Rahim, Advocates- For the Petitioner. Suranjit Sen Gupta with Subrata Chowdhury, Advocates ‑For the Respondent No.10. Md. Fazlul Karim, Advocate‑For the Respon­dent No.11. Writ Petition No.849 of 1990. ......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. ......others, 19 DLR (SC) 516; Nazir Ahmed Vs. Bangladesh Election Commission, 41 DLR (AD) 87=1989 BLD (AD) 103; Hazrat Ali Vs. Election Commission and others, 1990 BLD 157; Abdul Hamid Khan Vs. Miah Nurul Islam and others, 42 DLR (AD) 49. Lawyers Involved: Rabia Bhuiyan with AMMM Rahim, Advoca...... 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 .....

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

Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)

.... cannot be said to be without any basis nor the said proceeding can be held to be liable to be quashed…................ (9-13) Lawyers Involved: Abdul Malek with Zamiruddin Ahmed and Md. Serajul Islam Khan, Advocates‑For the Petitioner. Md. Enamul Huq, Advocate ‑For the Sta...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ......aid to be without any basis nor the said proceeding can be held to be liable to be quashed…................ (9-13) Lawyers Involved: Abdul Malek with Zamiruddin Ahmed and Md. Serajul Islam Khan, Advocates‑For the Petitioner. Md. Enamul Huq, Advocate ‑For the State. Cri...... High Court Division (Criminal Revisional Jurisdiction) Present: Amin‑ur Rahman Khan J Habibur Rahman Khan J Aga Kohinoor Alam .........................Petitioner Vs. The State and another.....................Opposite Parties Judgment May 13, 1990...

Category: Criminal Law | Date: 13 May, 1990 | Hits: 73