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Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......769, 32 DLR (AD) 170. Lawyers Involved: MA Wahhab Miah, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Habib Ahmed, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 to 10. Ex parte -Respondent Nos. 2 to 9(a......il) Present: Shahabuddin Ahmed CJ ME Rahman J Mustafa Kamal J Latifur Rahman J Siddik Ali being dead his heirs: Afia Rahman and others...................Appellants Vs. Nurun Nessa Khatun and others .................................Respondents Judgment ......defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
Category: Election Law | Date: 24 May, 1990 | Hits: 101
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ......ttee Sundar Singh & others, 42 CWN 930 (PC); Shamsul Ali Shah Vs. Syed Hassan Shah & others, 16 DLR (SC) 330. Lawyers Involved: Abdus Sattar, Advocate‑For the Petitioner. SM Hossain, Advocate‑For the Opposite Party No.1. Civil Revision No.201 of 1987. Judgment ......1991) 52. ....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....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. ......ng with the evidence against him. Moreover state has not produced any new material to justify cancellation of bail of the appellant..........(7) Lawyers Involved: Serajul Haq with Dr. Kamal Hossain, Senior Advocates, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. ......) 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. ..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
....J.- By an application under section 561A of the Code of Criminal Procedure the accused petitioner Aga Kohinoor Alam obtained this Rule to quash the proceeding of GR Case No. 60 of 1987 arising out of Mohammadpur PS Case No. 10(5)87 under sections 419/467/471/409 of the Penal Code read with section 5......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....... 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. ..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. ......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...... 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. ..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....s Involved: SS Haider with Ranesh Chandra Maitra, Advocates‑For the Petitioner. Not represented‑the Respondents. Writ Petition No.427 of 1990. Judgment Fazle Hussain Mohammad Habibur Rahman, J. - This Rule Nisi was issued under Article 102 of the Constitution a......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ...... Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J MA Razzaque .......................................................................................Petitioner Vs. The Bangladesh Election Commission, Sher‑e‑Bangla Nagar and Others........Respondents ......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
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. ......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...... 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. ..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)
.... 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...... 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. ..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....aw. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgm......e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
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. ......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......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. ..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....o execute and register the kabala on receipt of' the balance consideration money but the defendant No.1 did not show any interest to do so. Thereafter the plaintiff approached his relation Al-haj Mohammad Ali, Advocate, to take legal steps in the matter and made over the bainapatra and the recei......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......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....ashini in 1984. He inducted defendant No. 1 as a monthly tenant in the whole of the suit land. Gul Muhammad possessed the suit property through this defendant and on expiry of 12 years from 1984, Gul Mohammad became owner of the suit property by adverse possession before 1962. The plaintiff's au...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......nt: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rabban (Md) .......................................................Appellant Vs. Aminul Hoque Sowdagar and another..........................Respondent Judgment Ma...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......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 ......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ..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. ...... 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......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. ..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....y, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......ad Abdur Rouf J Badrul Islam Chowdhury J Abdul Momen Bhuiyan…………………………………….Petitioner Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment Mar......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....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......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. ..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....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 ......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 ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....hout, 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...... 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. ..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ourt 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 Division ......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. ......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. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153