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Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....wn in respect of that". Shahabuddin and Md. Sharif, JJ. took a contrary view on the evidence of Hakim Ali who was the sole eye witness and were inclined to give benefit of doubt. 21. But on the principle, learned Judges that case did not depart from the well-settled law that the committing Cou......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......, (1970) 22 DLR (SC) 1; Fakira Vs. Emperor, AIR 1937 (PC), 119; Adalot Vs. The Crown, (1956) 8 DLR (FC) 69; Md. Afzal Vs. The Crown, 1970 SC M.R. 204; Ahmi (Ahmad) Vs. The Crown, 1969 SC M.R. 837. Lawyers Involved: Aleem-al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Record - For the..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
.... any dispute that a question of law may be raised at any stage of a proceeding. But if the determination of a question of law is dependent upon prior determination of a question of fact then this principle of law will not be applicable. Whether the land is 'agricultural land or non-agricultural ......owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......Ali J Hafizuddin Ahmed and another……………Appellants Vs. Mahbubul Huq and others…………………Respondents Judgment March 20, 1983. Result: The appeal is allowed. Lawyers Involved: Shaukat Ali Khan, Senior Advocate, Supreme Court, instructed by B. C. Panday, A..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ...... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......n Ahmed J Tahera Begum……………………… Appellant Vs. Farukh Meah……………………… Respondent Judgment November 8, 1982. Result: The appeal is dismissed. Lawyers Involved: Mrs. Rabiya Bhuiya, Advocate (Mozammel Huq Bhuiya, Advocate with her) instruc..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......(In Civil Appeal No.115 of 1981) Vs. Commissioner of Taxes, Chittagong Zone………………Respondent Judgment July 26, 1982. Result: Civil Appeal No. 115 of 1981 is dismissed. Lawyers Involved: Habibul Islam Bhuiyan, Advocate instructed by Md. Sajjadul Huq, Advocate-on-r..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......arik and another..........Respondent Judgment January 12, 1983. Result: The appeal is allowed. Case Referred to- Kassim Ebrahim Saleji Vs. Johurmull Khemka, A.I.R. 1916 Cat. 181. Lawyers Involved: M. G. Rabbani, Advocate, instructed by B.C. Panday, Advocate-on-Record (absent)..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....ourt is to consider in revision whether substantial justice has been done or not. The Supreme Court of India in the case of Amar Chand Agarwalla Vs. Shawi Base and another, AIR 1973 SC 799 stated the principle in the following term: "The jurisdiction of the High Court is to be exercised normally ......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ...... and others…………… Respondents Judgment December 14, 1982. Result: The appeal is dismissed. Case Referred to- Chand Agarwalla Vs. Shawi Base and another, AIR 1973 SC 799. Lawyers Involved: Aminul Huq - For the Appellants. Ahmad Sobhan, Sr. Advocate, Fazlul Karim, A..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....the said defendants in the same right as they had in the riparian lands under the provisions of Section 4 of Alluvion and Diluvion Regulation (Bengal Regulation XI of 1825) and in conformity to the principle laid down by the Judicial Committee in Lopez Vs. Muddan Mohan 13 M.I.A. 567. So no excep......manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......f Bangladesh and others…………………Respondents Judgment March 25, 1976. Result: The appeal is allowed in part. Case Referred to- Lopez Vs. Muddan Mohan, 13 M.I.A. 567. Lawyers Involved: T. Ali, Senior Advocate, with Md. Yahya, Advocate, instructed by A Rab II, Ad..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....f their legislative history. 13. There has been no private legislation creating or defining the right to reformation in situ but it is a right incidental to one's title to a tangible property. The principle underlying this right is that a person's right to any property is not destroyed or affec......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195....... Judgment June 3, 1977. Result: The appeal is allowed. Cases Referred to- Felix Lopez Vs. Muddun Mohan Thakoor, 13 Moor's I. A. 467; Lauri Vs. Renad, (1892) 3 Ch. 402 at page 421. Lawyers Involved: T.H. Khan, Senior Advocate, with Abul Kashem Bhuiyan, Advocate, instructed by B..Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....ot be decided one way or the other as to what could have been the possible result of the election it must be held that the impugned Votes had materially affected the election". Relying on this principle, the High Court Division considered: "It is an accepted principle that secrecy in elect......e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191........Respondents Judgment January 10, 1979. Result: The appeal is allowed. Cases Referred To- 17 DLR (1965) 444; Niaz Ahmed Vs. Azizuddin, (1967) 19 DLR (SC) 388=PLD 1967 (SC) 466. Lawyers Involved: Ahmed Sobhan, Senior Advocate, with Nurul Islam Chowdhury and M. Fazlul Karim, ..Category: Election Law | Date: | Hits: 163
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
.... assign its reasons so that when the order is called in question, the higher Court may be in position to see that there has been application of mind by the Court concerned and that it is aware of the principles involved in the exercise of its discretion. 19. In this connection, reliance may be m......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......judgment and order passed by the High Court Division affirming the judgment and order passed by the learned District Judge is set aside and the order of trial Court allowing amendment is restored. Lawyers Involved: Shaheed Alam, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....said to be pending and accordingly, a proceeding cannot be quashed unless cognizance in respect thereof has been taken and process issued…………” 21. We are in respectful agreement with the principles enunciated in 60 DLR (AD) 1 that a proceeding cannot be quashed unless cognizance is take......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......R (AD) 69; N Mahmud Vs. M Ahmed, 36 DLR (AD) 14: 1984 BLD (AD) 97; SM Hashem, 48 DLR (AD) 87; Kazi Forhad Hossain Vs. Mostafa Sarwar, 2007 BLD (AD) 47; Abdul Motaleb Vs. Iman Ali, 42 DLR (AD) 123. Lawyers Involved: Khair Ezaz Masood, Advocate with Kazi Md. Joynal Abedin, Advocates - For the Ac..Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......551; Habib Vs. State, 52 DLR 105; SM Hashem Vs. State, 1995 BLD (AD) 115 = 48 DLR (AD) 87; State Vs. Lailun Nahar Ekram, 15 BLT (AD) 185 = 62 DLR (AD) 283; Nazrul lslam Vs. State, 13 MLR (AD) 185. Lawyers Involved: AM Mahbub Uddin, Advocate - For the Petitioner. W Aziz Khan, Advocate - For ..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......Referred to- Mohsena Khatun Vs. Habib Knitting Mills, 1997 BLD (AD) 47; Hussain Ahmed Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Habibullah Vs. Sher Ali Khan, 57 DLR (AD) 55; 6 DLR (AD) 97. Lawyers Involved: Md. Oziullah, Advocate - For the Petitioner. Abdul Kalam Chowdhury, Advocate..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......tion 138 of the Negotiable Instruments Act, 1881 (The NI Act) stating that, the, complainant is an established businessman of rod and cement. The accused petitioner is the proprietor of Messrs Global International and used to purchase rod and cement from the complainant and in the course of business......0, 2009. Result: The Rule is discharged. Cases Referred to- Zahid Hossain Vs. State, 61 DLR 386; Stalion Shox (Pvt.) Vs. Auto Teisions (Pvt.) Ltd. (1994) 79, Company Cases 809 (Delhi). Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate - For the Petitioner. SM Shahjahan, with..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
.... Station. 37. He stated in his cross-examination that accused Azimuddin told him that he purchased the seized rice. 38. These are all the evidence adduced by the prosecution. 39. Fundamental principle of Criminal Jurisdiction is that onus of proving everything essential to the establishment......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......ult: Criminal Appeal Nos.3282 of 2001 and Criminal Appeal 3604 of 2001 are allowed and Criminal Appeal No.3698 of 2001 is dismissed. Cases Referred to- Ustar Ali Vs. State, 3 BLC (AD) 53. Lawyers Involved: Aminul Huq Helal with Momtaz Uddin Fakir and Kalipada Mridha, Advocates - For t..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
.... remain silent all through. But nothing adverse therefrom can be presumed against him. Whether his pleas are established or not and whether he leads evidence or not that is not material. The cardinal principle of criminal justice that the accused shall be presumed to be innocent until his guilt is p......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......llowed. Cases Referred to- Abdul Gafur Vs. State, 1992 BLD (AD) 90; Annadi alias Ayenuddin Vs. State, 6 BLC 310; Shah Alam Vs. State, 42 DLR (AD) 31; Mahiruddin Vs. State, 1986 BLD (AD) 318. Lawyers Involved: JBM Hassan with NA Chisty, Advocates - For the Appellants. Rabiul Ahsan Habi..Category: Criminal Law | Date: | Hits: 66
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...................................Respondents Judgment May 31, 2010. Result: This appeal is allowed and the order of injunction granted earlier at the time of issuance of rule is by vacated. Lawyers Involved: Jamiruddin Sirker with AHM Mushfiqur Rahman, Advocates-For the Appellants. A..Category: Property Law | Date: | Hits: 78
....n purchase."
The next case on which reliance has been placed is Gannysons Ltd Vs. Sonali Bank and others, 36 DLR (AD) 146 Although the said case was decided in civil appellate jurisdiction but the principle laid down there was that under the provision of Article 14 of President's Order 16 of 1972......udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......-
Bangladesh represented by the Secretary, Ministry of Public Works and Urban Development Vs. Md Suruzzamal and others, 48 DLR (AD) 1; Gannysons Ltd Vs. Sonali Bank and others, 36 DLR (AD) 146.
Lawyers Involved:
AKM Nazrul Islam with MA Rashid and Md. Mainul Islam, Advocates ‑ For the Pet..
Category: Property Law | Date: | Hits: 173
Hanif Shaikh (Md) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ......nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ...... Shaikh (Md) ........................Petitioner Vs. Government of Bangladesh and others ..................Respondents Judgment May 26, 2004. Result: The Rule is made absolute. Lawyers Involved: MI Forooqui with Ruhul Quddus and Abdul Mannan kha, Advocates ‑ For the Petit..Category: Information Technology Law | Date: | Hits: 282
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......lam Chowdhury J Afzal Hossain Ahmed J Ruhul Amin Kha. .........Petitioner Vs. State ....................Respondent Judgment July 10, 2004. Result: The appeal is allowed. Lawyers Involved: Golam Abbas Chowdhury ‑ For the Accused Appellant. Md. Rabiul Karim, Assis..Category: Criminal Law | Date: | Hits: 64
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