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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. ......petitioner purchased the plot and after obtaining permission and loan from his employer namely, Janata Bank he constructed a two‑storied house and then contracted to sell the said house to Mustaque Hossain Mahmud for an amount of Taka 12 lakhs and after receiving the amount he delivered full posse...... 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

Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)

.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ......b Ali, BCR 1982 AD 87. Lawyers Involved: T.H. Khan, Senior Advocate, (MA Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. Aftab Hossain, Advocate-on-Record-For the Respondent No.1. Ex parte -Respondent Nos.2-42. Civil ......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Ayesha Khatun (Musammat)................................Appellant Vs. Musammat Jahanara Begum & others ................Respondents Judgment April 1..

Category: Property Law | Date: 11 Apr, 1990 | Hits: 47

Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)

.... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ...... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ......me by sale of mortgaged property." Against the judgment and decree of the Commercial Court dated 24.12.86 the plaintiff Bank has prepared this appeal to this Court. 5. Mr. Asrarul Hossain, the learned Advocate appearing for the plaintiff appellant, has contended that the Commerci...... (Civil Appellate Jurisdiction) Present: Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Sonali Bank...............................................................Appellant Vs. M/s Begg & Beg Jute Incorporated Limited & others..............Respondents Jud..

Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79

M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)

....of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ...... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ......ended time as the court may allow...........(24) Cases Referred to- AIR 1955 (Cal) 354; AIR 1956 (Punj) 187; AIR 1974 (Cal) 345; AIR 19‑59 (Cal) 620. Lawyers Involved: Mozammel Hossain with AKM Abdul Hakim, Advocates ‑For the Appellants. Saif Uddin Mahmud with Mahmudul ......vision (Civil Appellate Jurisdiction) Present: Muhammad Sohrab Ali J Md. Badruzzaman J M/s. Rising Sun Traders Ltd.............................................Appellants Vs. Chittagong Port Authority and another..............................Respondents Judgmen..

Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176

Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)

....gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......quiry into the validity of the notice. The landlord‑appellants having abandoned that point cannot be allowed to re-agitate the same in the absence of the respondents. Lawyers Involved: KS Hossain instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Aftab Hossa......l) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Zahura Khatun and others………..........Appellants Vs. Rokeya Khatun and others………...........Respondents Judgment M..

Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124

Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)

....the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......11 and on 7.12.69 sitting in the house of P.W.5 Habibur Rahman at 10 AM he executed a bainapatra to that effect on receipt of Tk. 10,000/‑ as earnest money in presence of Haizuddin, Habibur Rahman, Anwarul Huq, Abdul Mannan and Mosleuddin, This Witness stated that Abdur Rashid P.W.4 was the s......a is another relation of the plaintiff. He stated that 10/11 years before, there was a talk of sale of the suit land by the defendant No.1 to the plaintiff. He, Abdul Hai, Abdus Sattar, Dut Mia, Hossain and others were present in that talk. In cross‑examination he stated that the plaintiff wa......ourt High Court Division (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 199..

Category: Property Law | Date: 15 Mar, 1990 | Hits: 66

Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....a cognizable offence to the police and set the law in motion. Therefore, non‑mention of bench in front of Ansar Ali's shop cannot be said to be embellishment on prosecution case. 10. P.W.2 Md. Nurul Islam stated in his evidence that on the date of occurrence at about 6‑30 PM he was sitt...... of an attack can not be expected from eye witnesses…..................(28) Case Referred to- State Vs. Mokbul Hossain, 37 DLR 157 Lawyers Involved: Fazlul Karim with Kazi Anwar Hossain, Advocates ‑For the Appellants. AKM Shamsul Karim, Assistant Attorney General �......d that the doctor left the country and his attendance can not be procured without an amount of delay or inconvenience which under the circumstances of the case would be unreasonable. State Vs. Mokbul Hossain 37 DLR 157 relied. ...................... (23) Single witness can be the basis of convi......gh Court Division (Criminal Appellate Jurisdiction) Present: Syed Fazle Ahmed J Muhammad Ansar Ali J Ataur Rahman & others ...............................Appellants Vs. The State.......................................................Respondent Judgment ..

Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65

Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)

....tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... in: 43 DLR (AD) (1991) 118. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Zakir Hossain and others…………….........Accused-Appellant Vs. The State and other...........................Respondents Judgment March 12, 1..

Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114

Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)

.... stay was not a judicious and sound exercise of discretion at all. Lawyers Involved: Aminul Huq, Advocate-on-Record-For the Appellant. Jamiruddin Sircar, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent No. 1. B. Hossain, Deputy Attorney‑Ge......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ...... Lawyers Involved: Aminul Huq, Advocate-on-Record-For the Appellant. Jamiruddin Sircar, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent No. 1. B. Hossain, Deputy Attorney‑General instructed by Mr. Zinnur Ahmed, Advocate-on-Record- For the Respo...... Appellate Division (Criminal) Present: M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Azima Begum......................................Appellant Vs. Yusuf Khan (Md) and others ...................Respondents Judgment February 14, 1..

Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58

Anisuzzaman Vs. State, 1990, 19 CLC (HCD)

....ustainable in law………………………..(14) Case Referred to- Tamiz Mia Vs. Govt. of Bangladesh, 33 DLR 207. Lawyers Involved: Md. Serajul Huq with SAM Mahbub Elahi, Advocates‑For the Appellant. SA Hasan AAG‑For the St......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ...... High Court Division (Criminal Appellate Jurisdiction) Present: A M Mahmudur Rahman J Anisuzzaman alias Anis @ Alinur Rahman @ Peara .............................Appellant Vs. The State ...................................................................................

Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86

Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)

.... & 4) Lawyers Involved: Maksum-ul-Hakim, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record–For the Appellants. T. H. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record–For Respondent No. 2. Not represented – Respondent No......ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ...... J MH Rahman J ATM Afzal J Mustafa Kamal J Momin Miah & another…………………………………………………………Plaintiff-Appellants Vs. Moinuddin Hossain & another…………………………….Defendants-Respondents Judgment Dec......Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mustafa Kamal J Momin Miah & another…………………………………………………………Plaintiff-Appellants Vs. Moinuddin Hossain & another…………………………….Defendants-Respondents ..

Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222

Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)

.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ......; 9) Cases Referred to- Abul Khair Mia Vs. Abdul Latif Sarder, 32 DLR 167 (AD); Abdur Rashid & another Vs. Abul Barik and another 35 DLR 163 (AD). Lawyers Involved: Dr. Kamal Hossain with SR Karmakar, Advocates ‑For the Petitioner Nos. 1‑4. Miah Abdul Gafur with Sha...... High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Abdur Rouf J AKM Sadeq J Moynul Hasan and others...................................Petitioners Vs. Nazmul Haq @ Nazmul Hasan and others.............Opposite Parties Judgment Novemb..

Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219

Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)

....l is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......e this Court being Criminal Appeal No.55 of 1989 within time under section 30 of the Special Powers Act, 1974. The matter as regards maintainability of the appeal was heard by a Division Bench (Fazle Hossain Mohammad Habibur Rahman and Mahmudul Amin Chowdhury, JJ) on 20th February, 1989. The above D...... 349. ..

Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153

Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

.... compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......elevant time. 21. A Division Bench of this Court passed an order on 8.1.89 for bringing the detenu before it and in pursuance of that order the girl was produced before the Division Bench (Fazle Hossain Mohammad Habibur Rahman and Mahmudul Amin Chowdhury, JJ) on 21.4.89. Though the detenu was p......ision (Criminal Revisional Jurisdiction) Present: Latifur Rahman J Md. Mozammel Hoque J Manindra Kumar Malakar................................................Petitioner Vs. Secretary, Ministry of Home Affairs & others ................Opposite Parties Judg..

Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104

Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)

.... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......strict Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......n (Civil Revisional Jurisdiction) Present: Fazle Hossain Mohammad Habibur Rahman J Mohammad Ismailuddin Sarker J Circle Officer, Sutrapur.....................Petitioner Vs. Mohammad ...................................Opposite Party Judgment August 9, 19..

Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178

AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)

....d. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......d upon the contemner No.1 Mr. Manjurul Karim, Jailor, Dhaka Central Jail, Dhaka on 6.4.89. In spite of the receipt of the order of release the contemner No.1 and the contemner No.2 Mr. Mosharraf Hossain, Deputy Jailor (Detention Branch), Dhaka Central Jail, Dhaka wilfully and intentionally......aka) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J AK Banik & Khokan Kumar Saha.................Petitioners (In both the petitions) Vs. M. Karim, Jailor, Dhaka Central Jail, Dhaka & another...................Respondent..

Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

.... to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1981 BLD (AD) 107=33 DLR (AD)154. Lawyers Involved: Md. Awlad Ali, Advocate— For Petitioner. Khandker Mahbubuddin Ahmed, Advocate—For ......ice, without lawful authority, a nullity and void ab initio. 16. In the result, the Rule is made absolute without any order as to costs. The judgment and order passed on 29.11.84 by Mr. Md. Anwarul Haque, Subordinate Judge, Narayanganj rejecting the plaint in T.S. No.56 of 1984 under Order......ers Involved: Md. Awlad Ali, Advocate— For Petitioner. Khandker Mahbubuddin Ahmed, Advocate—For Opposite Parties. Civil Revision No.452 of 1986. Judgment Fazle Hossain Mohammad Habibur Rahman J. - This Rule was issued calling upon the opposite party No.1 AKM M......t Division (Civil Revisional Jurisdiction) Present: FHMH Rahman J Mohammad Ismailuddin Sarker J Meher Ali....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment M..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Ananda and others Vs. State, 1989, 18 CLC (HCD)

....not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......n the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......33...

Category: Women and Children | Date: 24 May, 1989 | Hits: 143

Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)

....ur Rouf and others Vs. The State, 38 DLR 197. Lawyers Involved: S. A. Hasan, Assistant Attorney General with Sajjad Ali Chowdhury, Assistant Attorney General—For the State. Md. Shahjahan, Advocate— For the Condemned Prisoner Hazrat Ali (appointed by the State)&n......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......was provided for him and also for two other absconding accused persons. The prosecution examined 15 witnesses including the informant and tendered 4 witnesses, such as P.W.7 Abdul Majid, P.W.8 Delwar Hossain, P.W.10 Nurul Islam, P.W.11 Ayezuddin and out of them P.W.7 was cross examined. The prosecut......l Appellate Jurisdiction) Present: Bimalendu Bikash Roy Choudhury J Habibur Rahman Khan J Hazrat Ali & Abdur Rahman...............Condemned Prisoner & Appellant Vs. The State.........................................Respondent Judgment April 26..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152

Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)

.... defendant No.1 for the agreement for sale. He also denied the suggestion of the contesting defendant that defendant No.1 had no interest in the suit land and he did not execute the bainapatra. P.W.2 Md. Hossain, P.W.3 Abdul Jabbar are all witnesses of bainapatra and they testified that the plaintif......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......endant No.1 for the agreement for sale. He also denied the suggestion of the contesting defendant that defendant No.1 had no interest in the suit land and he did not execute the bainapatra. P.W.2 Md. Hossain, P.W.3 Abdul Jabbar are all witnesses of bainapatra and they testified that the plaintiff ha...... Court Division (Dhaka Bench) (Civil Appellate Jurisdiction) Present: Latifur Rahman J Dalil Uddin Ahmed J Niropoma Ritchel..............................................Appellant Vs. Mohammad Abdul Jalil Mea & others....................................Respondents Judgm..

Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941

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