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Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)

....s a fraud on registration. The learned Advocate continued to urge that the 1st appellate Court committed error in fact and law in not holding that the kabala Ext. 2 of 1947 by plaintiffs' predecessor Md. Rawshan Ali Shaikh in favour of his step brothers defendants No.7 Akbar Ali and deceased minor A......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597....... Abul Hossain Molla & others…………..Respondents. Judgment May 7, 1991. Result: The appeal is allowed. Case Referred To- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR page 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate-For the A..

Category: Property Law | Date: | Hits: 122

Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)

....ury ...........Petitioner. Vs. Mohammad Zulfiqar .......... Opposite Party. Judgment May 26, 1991. Result: The Rule is made absolute. Lawyers Involved: Md. Ozair Farooq with Sadiqur Nahar Papri and Md. Serajul Islam, Advocates ‑ For the Petitioner. ......pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ...... Mohammad Zulfiqar .......... Opposite Party. Judgment May 26, 1991. Result: The Rule is made absolute. Lawyers Involved: Md. Ozair Farooq with Sadiqur Nahar Papri and Md. Serajul Islam, Advocates ‑ For the Petitioner. Shahabuddin Faiz. Advocate For the Op..

Category: Election Law | Date: | Hits: 240

Abdul Aziz Vs. State, 1990, 29 CLC (HCD)

....stice in not awarding proper sentence against the Respondents. He has taken me through the judgment of the court below and submits that in view of the deposition of P.W.2, the victim Mohiuddin, P.W.5 Md. Tofazzal Hossain and P.W.6 Md. Habibur Rahman the prosecution has sufficiently proved that Mohud...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ....... No One ‑ For the Respondent. Criminal Appeal No. 49 of 1989. Judgment AM Mahmudur Rahman J.- This is an appeal at the instance of the informant from an order of conviction and sentence passed against the accused‑Respondents Jahangir Alam and Sarwar passed by the Session..

Category: Criminal Law | Date: | Hits: 110

State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)

....y Judgment May 31, 1995. Result: The Death Reference is rejected. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney­ General ‑ For the State. Syed Ziaul Karim with Md. Khurshid Alam Khan, Advocates ‑ For the Condemned Prisoner. Death Reference No. 40 of 1991.......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......May 31, 1995. Result: The Death Reference is rejected. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney­ General ‑ For the State. Syed Ziaul Karim with Md. Khurshid Alam Khan, Advocates ‑ For the Condemned Prisoner. Death Reference No. 40 of 1991. Judgment Qa......essions Case No.42 of 1990 for confirmation of the death sentence passed upon the accused Abul Kalam Azad. The accused has been charged under sections 302/326/324 of the Penal Code for causing murder and grievous hurt as well as simple injury upon one Tofazzal Hossain Nanno Miah together with Sakhaw..

Category: Criminal Law | Date: | Hits: 125

SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)

....s. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......ant Vs. Dr. Md. Golam Nabi and another……………………………………….Respondents Judgment November 3, 1994. Result: The appeal is allowed. Lawyers Involved: TH Khan with Abdul Awal and Amir Hossain Raihan, Advocates - For the Appellant. Akhtar Imam with Sha......ourt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mozammel Hoque J Md. Tafazzul Islam J SA Alim ..................................Appellant Vs. Dr. Md. Golam Nabi and another……………………………………….Respondents Judgment November 3, 199..

Category: Others | Date: | Hits: 139

Abdur Gafur Vs. State, 1995, 24 CLC (HCD)

....er to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.................opposite Party Anower Hossain................Petitioner Vs. State.......................opposite Party Judgment October 31, 1995. Result: Both the Rules are discharged and the orders of stay vacated. Case Referred to- Mohammed Ali Vs. State, 35 DLR (AD) 324. ..

Category: Criminal Law | Date: | Hits: 112

Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)

....olute. Cases Referred to- Nazir Ahmed Vs. Rabibgr Rahman Miah and others, 7 DLR 192; 21 DLA (SC) 46; 15 CLJ Page 339; 28 DLR (AD) 127; 25 DLR 96. Lawyers Involved: A J Mohammad Ali with Md. Alauddin Biswas, Advocates ‑ For the Petitioners. Azizur Rahman Chowdhury, Advocate ‑ For......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117....... he was buried in the suit land and as such all the pious Muslims show honour and respects to the Holy Dargah Sharif. The descendants of Hazrat Shah Mostafa (RM) constructed Mosque, Madrasha, Musafir Khana etc. The descendants of Hazrat Shah Mostafa have been managing the Holy Dargah Sharif. Syed Ab......Syed Khalilullah Malek others.................Opposite Parties Judgment November 20, 1995. Result: The Rule is made absolute. Cases Referred to- Nazir Ahmed Vs. Rabibgr Rahman Miah and others, 7 DLR 192; 21 DLA (SC) 46; 15 CLJ Page 339; 28 DLR (AD) 127; 25 DLR 96. Lawyers Invo..

Category: Trust/Waqf Law | Date: | Hits: 181

Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)

....ctions 409/109 of Penal Code read with section 5(2) of Pension of Corruption Act, 1947. 2. The case was heard at length for several days before the Division Bench comprising of Naimuddin Ahmed and Md. Ruhul Amin, JJ. Naimuddin Ahmed, J after examining the summary, FIR, 161 statement and the charg......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......‑Party Judgment May 9, 1995. Result: The Rule is discharged. Cases Referred to- Jyoti Prokash Mitter Vs. Hon’ble Mr. Justice HK Bose, the Chief Justice the High Court, Calcutta and another, 1965 (SC) 961; State of Rajasthan and others Vs. Union of India, 1977 (SC) 1361; SP Gup..

Category: Criminal Law | Date: | Hits: 111

Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)

...., Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533........ Radhakanta Sarkar and others .....................Opposite Parties. Judgment July 29, 1992. Result: The Rule is made absolute. Cases Referred to- Abdul Hai Khan & others Vs. State, BLD 1988 (AD) 195; Nur Mohammad Vs. Kalimuddin Ahmed, BCR 1987 (AD) 152......in: 44 DLR (HCD) (1992) 533...

Category: Criminal Law | Date: | Hits: 142

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....¦â€¦â€¦.Petitioner Vs. Bahar Uddin & others.....................................Respondents Judgment March 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & others, ......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ...... Judge lie to the High Court Division even if the sentence passed is impri­sonment for a term of five years or less. 13. A Division Bench of the Comilla Bench (A.T.M. Afzal J & Sultan Hossain Khan J) had an occasion to notice both the decisions reported in 35 DLR 362 and 36 DLR 93 in the cas......h 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & others, 36 DLR 93; Abu Taher and others Vs. Mst. Razia Be­gum, 37 DLR 18; 36 DLR 93; Abdul Latif & others Vs. Nurjahan Begum..

Category: Criminal Law | Date: | Hits: 158

Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)

....servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......s follows. The respondents instituted the aforesaid O.C. Suit No.73 of 1976 against the appellants for spe­cific performance of contract in the Court of Subordinate Judge, Pabna, who by his judgment and decree dated 30.9.77, was pleased to decree the suit on contest with costs. The appellants prefe..

Category: Property Law | Date: | Hits: 140

MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)

................Petitioners Vs. Abdul Malek & others..............................Opposite Party Judgment January 11, 1989. Result: The Rule is discharged. Cases Referred to- Md. Fakirullah Mia Mutwalli Vs. Bimalendra Nath Maitra, 12 DLR 704; 12 DLR 704; Md. Salih Sahib Vs. ......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ....... Civil Revision No.11 of 1986. Judgment AM Mahmudur Rah­man J.- The petitioner obtained this Rule against an or­der of amendment of the plaint, acceptance of valua­tion put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for..

Category: Procedural Law | Date: | Hits: 133

Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)

....ry law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......ute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 86; Kazi Md. Wahidun Nabi Vs. Abdus Satter @ Monaya and ors., 36 DLR 200. Lawyers Involved: Enayet Peer Khan with Md. Mostafa, Md. Abdur Rahim Khan, Advocates - For the petitioner. M. Shamsul Alam, Dep......tate…………………………..............Opposite Party Judgment March 7, 1988. Result: The Rule is made absolute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 86; Kazi Md. Wahidun Nabi Vs. Abdus Satter @ Monaya and ors., 36 DLR 200. Lawy..

Category: Criminal Law | Date: | Hits: 120

Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)

....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......abibar Rahman Vs. Election Tribunal, 1981 BLD 298; Management Board, A.R. Howlader Jute Mills Ltd. Vs. Chairman, 1st Labour Court, (1976) 28 DLR 368; 38 DLR 435; 1981 BLD 298. Lawyers Involved: Khandker Mahbub Hossain with Syed Ziaul Karim, Advocates - For the Petitioner. Hemayetuddin Ahmed...... & others.............................Opposite Parties Judgment January 16, 1989. Result: The Rule is made absolute. Cases Referred to- Hosne Zaman Sarker Vs. Election Tribunal and others, BCR 1986 (HC) 141; 38 DLR 435(1986); 38 DLR 435; Sk. Tabibar Rahman Vs. Election Tribuna..

Category: Election Law | Date: | Hits: 252

Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)

....ril 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Referred to- Suraj Pal Vs. State of Uttar Pradesh, AIR 1955 (SC) 419; Md. Anwar and another Vs. The State, PLD 1956 440; Lachhman Singh Vs. The State, AIR 1952 (SC) 167; ......Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ...... Qazi Shafi Uddin J Shawai @ Mohammad Hussain & others.........Appellants Vs. State........................Respondents Judgment April 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Referred to- Suraj Pa..

Category: Criminal Law | Date: | Hits: 128

Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)

....te. The Rule Nisi in Writ Petition No.1634 of 1988 is made absolute. Case Referred to- Bangladesh and others Vs. Marium Khatun and others, Civil Appeal No.8 of 1972. Lawyers Involved: Md. Hannan with M. Khaled Ahmed, Advo­cates - For the Petitioners (In Writ Petition No. 425 of 1985......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......t the aforesaid 5.80 acres of land of the aforesaid Khatian originally be­longed to Syed Ashraf Ali, the father of respondent No.4, and Syed Ashraf Ali gifted the same to his wife Syeda Aktarunnessa Khanam in lieu of her dow­er. The said property was sold in auction for arrears of rent and was pur......mal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Sec­retary, Ministry of Land Admin­istration and Land Reforms and others..................................Respondents (In Wr..

Category: Property Law | Date: | Hits: 129

Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

..........................................Petitioner Vs. Bangladesh & another.............................................................Respondents (Writ Petition No. 442 of 1985) With Md. Ilu Miah....................................................................Petitioner Vs. ......they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......ute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorney-General with A.F. Hasan Arif and M. Safiullah - For the Respondent No.2 (In all the Writ Petitions). Writ Petition No. 442 of ..

Category: Property Law | Date: | Hits: 145

Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)

....d others……………………………Appellants Vs. State…………………………Respondent Judgment March 7, 1988. Result: The appeal is allowed. Cases Referred to- Md. Abdur Rah­man Mondal Vs. State, 29 DLR (SC) 246; PLD. 1950 Lahore (FB) 288; 5 DLR (FC) 207; 9 D......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349....... is also Reported in: 41 DLR (HCD) (1989) 349.......DLR (HCD) (1989) 349...

Category: Criminal Law | Date: | Hits: 101

Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....ourt High Court Division (Civil Appellate Jurisdiction) Present: Mozammel Hoque J Abdul Karim J Additional Deputy Commi­ssioner (Revenue) Dhaka………………Appellant Vs. Md. Mostafa Ali Mridha and others…………………Respondents Judgment July 22, 1993. R......nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ......nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ......sion (Civil Appellate Jurisdiction) Present: Mozammel Hoque J Abdul Karim J Additional Deputy Commi­ssioner (Revenue) Dhaka………………Appellant Vs. Md. Mostafa Ali Mridha and others…………………Respondents Judgment July 22, 1993. Result: The appeal is..

Category: Property Law | Date: | Hits: 134

State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)

....he brother-in-law of deceased Sikim Ali. P.W.4 Lalita Bibi is daughter of deceased Sikim Ali, P.W.5 Md .Mosa had litigations with the accused party and he is the son of informant Golam Mostafa. P.W.6 Md. Kadratullah had criminal litigations with accused Khalilur Rahman. P.W.8 Md. Rahamat Ali had cri......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment March 15, 1995. Result: The reference is rejected. The Criminal Appeal No.654 of 1992 is dismissed. The Jail Appeal No.749 of 1992 and Jail Appeal No.1761 of 1992 are dismissed. Cases Referred to- Woolmington Vs. Director of..

Category: Criminal Law | Date: | Hits: 139