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Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)

....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. ......- HM Saya & Co. Vs. Wazir Ali Industries Ltd, 21 DLR (SC) 50. Lawyers Involved: Dr. Rqfiqur Rahman with Tofailur Rahman, Ad­vocates ‑For the Petitioner. Shafiqul Islam, Advocate ‑ For the Opposite Party Nos.1 and 2. Civil Revision No.380 of 1988. Judgment ......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 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. ......ndlord‑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 Hossain, Advocate-on-Record-For the Respondents. ......, 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. ..

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

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

....dants to 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 th......and others, BLD 1987 (AD) 142; Bangladesh Vs. Abdul Wadud and others, 25 DLR (SC) page 90; 10 DLR (PC) page 1; BLD 1983 (AD) 225. Lawyers Involved: Khondaker Mahbubuddin with SM Nurul Ahmed Advocates ‑ For the Appellant. Nazmul Huda with Sigma Huda, SM Mahbud, Elahi and Mizanur Rahm......a Das and others, BLD 1987 (AD) 142; Bangladesh Vs. Abdul Wadud and others, 25 DLR (SC) page 90; 10 DLR (PC) page 1; BLD 1983 (AD) 225. Lawyers Involved: Khondaker Mahbubuddin with SM Nurul Ahmed Advocates ‑ For the Appellant. Nazmul Huda with Sigma Huda, SM Mahbud, Elahi and Mizanu......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)

.... 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. ......from 1951 his accrual of vested right and limitation cannot be negatived by such amendment, High Court Division correctly rejected prayer for amendment. Lawyers Involved: M Nurullah, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record-For the Appellant. Syed Ishtia......s dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ...... 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. ......an 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 ‑For the State......r of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......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. ......here those very documents are claimed by the informants as forged, may, in the interest of justice, be stayed till the disposal of the civil suit. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. B Hossain, Depu......t 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. ..

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

Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)

....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. ...... Cases Referred to- Abu Taher Mia Vs. Fariduddin Sarker and others, 41 DLR 543; Sk. Abdus Sabur Vs. The Returning Officer and others, 41 DLR (AD) 30. Lawyers Involved: Rabia Bhuiyan, Advocate ‑For the Petitioner. Not represented‑ the Opposite Party. Writ Petition No. ......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. ......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. ...... the baby and the mother-the exercise of discretion in not granting an order of ad‑interim 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. Sajj......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 Respondent No.2 (State). Criminal Appeal No.43 of 1986. ......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

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

....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. ......p;………………..(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 State. Criminal Appeal No. 206 of 19......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. ..

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

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 ......ecution case is perfectly justified and the High Court Division committed error in not confirming the trial courts order………(3 & 4) Lawyers Involved: Maksum-ul-Hakim, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record–For the Appellants. T. H. Khan, ......“ Respondent No. 1. Civil Appeal No.78 of 1989. (From the judgment and order dated 25.4.89 passed by the High Court Division, Dhaka, in FMA No. 224 of 1987). Judgment Shahabuddin Ahmed J. – The question involved in this appeal by special leave is whether the trial Court’s or......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)

.... 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. ......suit amongst the compromising parties, to the exclusion of the opposite party No.1 (defendant No.8). This speaks of suppression, even fraud. Studied in the light of the decisions cited by the learned Advocate for the opposite parties, limitation was not a material point for decision of the Miscellan...... 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. ..

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

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

....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. ......nother Vs. Emperor, AIR 1933 (Cal) 362; Nurul Islam @ Nur Islam Vs. The State, 23 DLR (Dac) 126; Talukder Ab­dul Aziz Vs. The State, 35 DLR 127. Lawyers Involved: S.S. Haider with R.C. Maitra, Advocates—For the Appellant. Mvi. Md. Wahidullah with Firoj Shah and Aminul Islam Mondal, Advo......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. ......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

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

....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. ......; Jahanara Begum alias Joisna Rani Saha and another Vs. The State, 15 DLR (Dhaka) 148, Abbas Bahara and another Vs. Emperor, AIR 1933 Cal. 362. Lawyers Involved: S S Halder with RC Maitra Advocates ‑ For the Petitioner. Wahidullah Mvi. (Md.) with Firoj Shah and Aiminul Islam Monda......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. ......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. ..

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. ...... Case Referred to- Bangladesh Vs. Zahiruddin, 1986 BLD (AD) 180. Lawyers Involved: AY Salehuzzaman, Deputy Attorney‑General ‑For the Petitioner. TH Khan with M A Wahab Miah, Advocates ‑For the Opposite Party. Civil Revision No.977 of 1988. Judgment Fazle Hu......half of the defendant‑petitioners, submits that the causes of delay of 73 days in filing the appeal in the Court of the District Judge have further been explained before this Court by AY Nasiruddin Ahmed. Head Assistant, Revenue Munshikhana, Dhaka Collectorate in his supplementary affidavit dated ...... 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. ..

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

Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)

....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......n adequately any inordinate delay in producing it….…....... (9) Case Referred to- Kanda and others Vs. Waghu 3 DLR (PC) 311. Lawyers Involved: Abdul Momin Talukdar, Advocate ‑ For the Petitioner. MA Sobhan, Advocate ‑ For the Opposite party. Civil Rev......er Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ..

Category: Property Law | Date: 2 Aug, 1989 | Hits: 78

Ziaul Hoque Vs. Election Commis­sion, 1990, 19 CLC (HCD)

.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......er, 17 DLR 744; Farid Miah vs. Amjad Ali and others, 42 DLR (AD) 13; Hazrat Ali Vs. Election Commission and others, 1990 BLD 157. Lawyers Involved: Md. Fazlul Karim with Syed Lutfor Rahman, Advocates ‑For the Petitioner. AKM Mozammel Hoque Bhuiyan with Rabia Bhuiyan and AMMM Rahim, ...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

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

....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. ......ail, Dhaka & another...................Respondent (In both the Petitions) Judgment June 11, 1989. Result: The Rules are made absolute. Lawyers Involved: S.S. Halder, Advocate —For the Petitioner (In both the petitions) Moksudur Rahman, Advocate—For ......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. ......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. ..

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)

....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......uddin 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 Opposite Partie......ts Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred 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: ......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..

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..................Respondent Judgment May 24, 1989. Result: The appeal is allowed. Case Referred to- Ramji Lai Vs. The State, AIR 1951 Rajasthan 33. Lawyers Involved: S.R. Karmaker, Advocate - For the Appellant. A.Q. Raisuddin Ahmed, Advocate - For the State. Criminal Appeal....... Result: The appeal is allowed. Case Referred to- Ramji Lai Vs. The State, AIR 1951 Rajasthan 33. Lawyers Involved: S.R. Karmaker, Advocate - For the Appellant. A.Q. Raisuddin Ahmed, Advocate - For the State. Criminal Appeal No.638 of 1987 along with Suo motu Criminal Revi......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...

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

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

....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. ......ers 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)  Mujib......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. ......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. ..

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