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Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... 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 ......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 ......thout 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)
....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. ......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......te, 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)
....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. ......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......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)
....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. ......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...... 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)
....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. ......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...... 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)
.... 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. ......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......ase 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)
.... 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. ......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...... 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)
.... 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. ......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 ...... 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)
.... 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. ......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......n 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)
....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. ......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...... 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)
....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. ......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...... 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
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....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 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...... 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)
....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. ...... 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......osal 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
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....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. ...... 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......out any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ......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)
....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. ......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-...... 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)
....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. ......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. ......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. ......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. ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... 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. ......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. ......in Sheikh and others, 33 DLR 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...... 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)
....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. ......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......is 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)
.... 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. ......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......hers, AIR 1966 Kerala 212 (SB); Bangladesh Vs. Moslem Mia, 31 DLR (AD) 45; Syed Amir Hossain Vs. 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, Advoca...... 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