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A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....e the accused under section 342 vitiates conviction if such omission prejudices the accused in leading defence. Section 537 of Cr. Pc cannot cure such omission. Lawyers Involved: KZ Alam, Advocate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Appe...... (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. ......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)
....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 Appellants. TH Khan, Seni...... 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. ......er 41 rule 20 of the Code of Civil Procedure, but the same cannot be done suo motu by the Court itself without any application by the appealing defendants themselves. Cases Referred to- Joy Kumar Datta and others Vs. Sitanath Datta, 4 DLR 400; Shah Muhammad and others Vs. Muhammad Bakhsh r..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....s Referred to- Shamsul Huq @ Shamsul and others Vs. The State, 38 DLR (AD) 75; Abdul Aziz Vs. the State and others, BCR 1987 (AD) 140. Lawyers Involved: AKM Harunor Rashid Chowdhury, Advocate- For the Appellant. Not represented ‑ the Respondent. Criminal Appeal No.34 of ......t Division (Criminal Appellate Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Sharif (Mohd) .................Complainant‑Appellant Vs. Mohd Obaidur Rahman & others .......................Accused Respondents Judgment ......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....hes of others – Hence death sentence 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 Ap......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. ......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
MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)
.... another……………...Respondents Judgment August 16, 1990. Result: The petition is dismissed. Lawyers Involved: Md. Khalilur Rahman, Advocate, instructed by Sharifuddin Chaklader, Advocate-on- Record-For the Petitioner. Md.......on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....¦â€¦â€¦â€¦..Respondent. Judgment August 15, 1990. 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, Adv......: 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. ......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)
....uot; 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-Record-For ......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 ...... 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)
....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 Ali, Adv......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. ......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)
....ch 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 Shamsul Huq S......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. ......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)
....f 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, Advocate, with h......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. ......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
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....ixed. 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. Dr. Ra...... Present: Shahabuddin Ahmed CJ A T M Afzal J Mustafa Kamal J Keramat Ali Bhuiyan being dead his heirs, Shahida Khanam & another ...........Defendant-Petitioners Vs. Ramizuddin Ahmed Bhuiyan............................................................Plaint......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. ......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
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
....s been excluded in the Rule Itself. The appointing authorities have has also the power to reinstate a terminated employee on the merit of his individual case. Lawyers Involved: Akhtar lmam, Advocate (appeared with the leave of the Court) instructed by Sharifuddin Chaklader, Advocate-on-Rec...... 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. ...... 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)
....hat if the pending investigation is 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 Represent...... 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. ...... 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)
....hare 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. Mainul ......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. ...... 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)
....e 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 Hossain, D......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. ...... 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)
....re 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. B Hos......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. ......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
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....Case Referred to- Sukhdev Singh Vs. Hon'ble CJ S Teja Singh and the Hon'ble Judges of the Pepsu High Court at Patiala, AIR 1954 Supreme Court 186. Lawyers Involved: MG Bhuiyan, Advocate-on-Record - For the Appellants. Mahbubey Alam, Advocate instructed by Md. Sajjadul Huq......eme Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J Latifur Rahman J Badsha Mia and others............................Appellants Vs. Abdul Latif Majumder and others ............Respondent Judgment July 30, 1990. ......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....itioner
Vs.
Mrs. Jahura Khatun & 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 ......
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-......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.
......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.
..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....ellate 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 Hossain, D......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 ......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. ......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. ..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
.... 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-on-Recor......nt: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Attor Mia and another............................................Appellants Vs. Mst. Mahmuda Khaton Chowdhury and others...........Respondents Judgment July 22......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. ......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
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