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Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
.... 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. Aftab H......ppellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Rahima Khatun (Mst) & others.............Appellants Vs. Daily Rani Dasi..............................Respondent Judgment July 17, 1990......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. ......he suit land and other attendant circumstances admit of an inference that the tenancy was of a permanent tenure and not a tenant-at-will. Cases Referred to- Prodyut Sen Gupta Vs. Nagendra Kumar Chy. 52 CWN 72; A Casperz Vs. Kader Nath Sharbadhikari ILR 28 Cal 738; Afzal-Un-Nessa Vs. Abdu..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....t 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-Record-...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Idris Ali Bhuiyan ...........................Petitioner Vs. Enamul Haque and another....................Respondents Judgment July 17, 1990. ......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....dge can even suo moto exercise this power in the interest of justice......... (10) Cases Referred to- AIR 1963 (Pat) 353; PLD 1955 PC 185. Lawyers Involved: Lutfur Rahman Mondal, Advocate ‑ For the Petitioner. Abdur Rahman Biswas, Advocate ‑ For Opposite Party No. 1. ......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......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. ......lso Reported in: 43 DLR (1991) 68. ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....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 Party No.2. ......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...... 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. ...... 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. ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....d 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-Record...... 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. ......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. ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....s. Mrs. Nadera Rahman, 37 DLR (AD) 184; Aflabuddin Vs. Sajad Ali, 1986 BLD 235; Serajuddin and others Vs. Ahmed Fazlur 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 Mahbub......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...... 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. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
.... one of the charges i.e. charge No. 3, hardly constituted an offence warranting a penalty………………......(13)
Lawyers Involved:
Lutfar Rahman Majumdar, Advocate ‑For the Petitioner.
Sayyid Shahid Hossain, Advocate ‑ For the Opposite Parties.
......d in: 43 DLR (1991) 44.
......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.
......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.
..
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)
....s 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. (In both...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Dr. Naimur Rahman and another.................Appellants (In Civil Appeal No. 58 of 1984) Vs. Shahbazpur Tea Co. Ltd and another..........Respondents (In Civil Appeal No. 58 of 1984) ......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. ......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
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....others, 34 DLR 345; M/s. Anath Bandhu Guha and Sons Ltd., 7 PLR (Dac) 159; Messrs Anath Bandhu Guha & Sons Ltd, 7 PLR Dacca; Lawyers Involved: Md. Aminul Haque with A. Mannan Talukder, Advocates ‑For the Petitioner. Tofailur Rahman with SR Khoshnabish, Advocates - For the ...... ......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
.... 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 Hossain, De......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. ......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. ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....) 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. Criminal Revision Case No.112 of 1982. Judgment MS Ali J. ......rt Division (Criminal Revisional Jurisdiction) Present: MS Ali J Habibur Rahman Khan J Atiqur Rahman ........................................................Petitioner Vs. AKM Fazlul Hoque, the State.........................................Opposite‑Parties ......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. ......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. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....posed 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-on-Rec...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Abdul Mannan and others...................Appellants Vs. Akram Ali and others....................Respondents Judgment June 6, 1990. ......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. ......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
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....sourie Tramway Co. 60 IA 13 PC; Asmat Ali Vs. Mozahar 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. Sajja......34. ......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. ......dinate delay is left to be determined by the Court on consideration of facts and circumstances of a particular case. Cases Referred to- Thiru John Vs. Subramanyan, AIR 1977 SC 1724; Ramji Kumar Vs. Chouduri Nar Pal Sing, 34 IA‑27; Nur Mohd. Mallik Vs. Sudhir K. Biswas, 17 DLR 15 AIR 19..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....is based on good reasoning. Cases Referred to- Province of East Pakistan vs. Nakul Das Mridha & another, 20 DLR (Dhaka) 769, 32 DLR (AD) 170. Lawyers Involved: MA Wahhab Miah, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Habib Ahm......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. ......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
....LD (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, Advocates- For the Petitioner.
Suranjit Sen Gupta with Subrata Chowdhury, Advocates ‑For the ...... 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 .........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.
......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.
..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
....r Singh Kullah Singh Vs. Managing Committee 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 R......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. ......ellip;…(7) Cases Referred to- Petherpermal Chetty Vs. Muniandy Servai, 35 (Cal) 551 (PC); Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 39 DLR (AD) 46; Halimunnissa Vs. Hemendra Kumar Roy Chowdhury & others, 12 DLR 448; Sundar Singh Kullah Singh Vs. Managing Committee Sunda..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....ence 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. B Hossain, ......) 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. ......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
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....an & others Vs. Matiar Rahman, 20 DLR 434; Abdus Sattar Howlader Vs. the State & Vs. Kashem Ali, 15 DLR 30; 33 DLR 101; 28 DLR 103. Lawyers Involved: Abu Sayed Ahmed with Alaluddin, Advocates-For the Petitioners. Shareef Ahmed, Advocate‑ For the State. Criminal Rev......1991) 40. ......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
....thout 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. Criminal Revisi...... 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. ...... 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)
....es Referred to- Abdur Rahman vs. Maklis Ali, 31 DLR (AD) 118; Lebu Mia vs. Ganesh Chandra, 34 DLR (AD) 220, Aftab Ali vs. Wahab 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......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. ...... 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
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