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

....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. ...... Cases Referred to- 31 DLR 174, 33 DLR 203, 35 DLR 127. Lawyers Involved: MA Wahab Miah with Ashrafuddin Ahmed, Momtajuddin Fakir, Advocates – For the Appellant. Ghazi Abdul Mannan, Assistant Attorney General with JK Paul, Advocate‑ For the State. Criminal Appeal No. 210 of 19..

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)

....ntion" to the hilt. 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-Reco...... 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)

....papers in support of alibi is not sufficient. The papers should be produced in evidence by witness who must face cross examination on the papers produced. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellant. M Nowab A......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)

.... 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 Shamsul Huq Siddique, Advocate-on-Record-For the Respondent Nos.1 and......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

Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)

.... date fixed. Cases Referred to- Allahdino VS. Fakir Mohammad & another 21 DLR (SC) 382; Swire Mellor VS. Swire, (1885) Ch. D. 239. Lawyers Involved: Shamsul Huq Chowdhury, Senior Advocate, instructed by Shamsul Hoque Siddique, Advocate-on-Record-For the Petitioners. ......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ..

Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108

Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)

....ctify 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 Appellants. ...... 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)

....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. B Hos...... 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)

.... 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 Appellants. ...... August 1, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Sections 290 & 31 (4) Power of the court to pass higher sentences An Assistant Sessions Judge under the proviso to sub‑section (3) of section 9 CrPC has the limited po..

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

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

....uments and papers in the safe custody of Kotwali Police Station, Mymensingh. On 28th March, 1956 the order of liquidation was passed by his Lordship Mr. Justice Hamoodur Rahman and Mr. Shehabullah, a Senior advocate of this court, was appointed as Official Liquidator. Mr. Shehabullah looked after th......No. 2 Haji Md. Suruzzaman and Master Golam Muksud purchased the land from Motilal. These are the documentary evidence which are marked Exts. in this case. 11. The plaintiff examined Md. Abdul Hai, Assistant Director, Bangladesh Bank, Registration Unit, Mymensingh as PW 1. He has stated that the b..

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

Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)

..... Bhanu Guha & another 1986 BLD (AD) 135; Abdul Awal Khan Vs. Md. Sadu Mia & ors, 1986 BLD (AD) 156, Proboth Ranjan Shome Md. Easin, 1080 BSCR 457. Lawyers Involved: M H Khandker, Senior Advocate (AJ Mohammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-o......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..

Category: Property Law | Date: 22 Jul, 1990 | Hits: 43

Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)

....erz Vs. Kader Nath Sharbadhikari ILR 28 Cal 738; Afzal-Un-Nessa Vs. Abdul Karim ILR 47 Cal 1 (PC); Naba Kumar Debi Vs. Behari Lal Sen, ILR 34 Cal 902 (PC). Lawyers Involved: M H Khandker, Senior Advocate, Lutfar Rahman Mondal & A J Mohammad Ali, Advocates with him, instructed by Md. ......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55.   ..

Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115

Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)

....the suit was barred by limitation to justify review of the same. Case Referred to- Sow Chandra Kanta & another Vs. Sheik Habib AIR 1975 SC 1500. Lawyers Involved: MH Khandkar, Senior Advocate, (Abdus Salam Khan, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-......ATM Afzal J.- Facts material for answering the point raised in these two review petitions are as follows: 2. The petitioner as plaintiff instituted Title Suit No. 589 of 1983 in the 1st Court of Assistant Judge, Dhaka impleading the respondents as the defendants, inter alia, (a) For a decr..

Category: Property Law | Date: 17 Jul, 1990 | Hits: 30

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. ......se No.121 of 1984 under Section 24 of the Code of Civil Procedure transferring OC Suit No.111 of 1981 from the Court of the learned Subordinate Judge, Rajshahi to the Court of the learned Munsif (Now Assistant Judge), Sadar, Rajshahi for expeditious disposal. 2. The facts relevant for the dispo..

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

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

....directed recounting without hearing both the parties. But when election was not held in a free and fair manner Election Commission can direct re-poll. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Rabeya Bhuiyan, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on......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. ..

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

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

....azlur Rahman and another, 1986 BLD 258. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record-For the Appellants (In Civil Appeal Nos. 13 and 14 of 1990). Khondkar Mahbubuddin Ahmed, Senior Advocate (SS Halder, Senior Advocate with him), instructed by Ranesh Chandra Maitra Advocate-...... 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

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

....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. ......e Suit No.389 of 1983. 2. The facts leading to the revisional application are that the present petitioner as plaintiff instituted Title Suit No.389 of 1983 in the 1st Court of Munsif, Dhaka, now Assistant Judge, Dhaka, praying for declaration that the order of his removal from service by the op..

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

Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)

....g causes of action. Cases Referred to- Amin Scales Ltd. & another vs. Md. Yakub, 1987 BLD (AD) 259; Suleka Works Ltd. AIR 1965 (Cal) 98. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on­- Record-For the Appellants. (......erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ..

Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124

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

....ate, 27 DLR 268; Abdul Jabbar Vs. 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 Hoss......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)

....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. ...... and another Vs. The State, 36 DLR (AD) 58; 28 DLR (AD) 38; 27 DLR (AD) 29. Lawyers Involved: Abdul Malek with Jamiruddin Ahmad, Advo­cates‑For the Petitioner. AKM Shamsul Karim, Assistant Attorney­ General with Shareef Ahmad and Md. Nawab Ali, Advocates‑For the State. ..

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

Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)

.... be disposed on merit by the High Court Division itself on the basis of the evidence already on record without sending the case on remand of the trial Court. Lawyers Involved: MH Khondkar, Senior Advocate, (AJ Mohammad Ali, Advocate, with him) instructed by Sharifuddin Chaklader, Advocate......reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ..

Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107