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Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)

.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......ortunity to take his B.A. Examination. The appeal is allowed and the appellants bail is confirmed till disposal of the appeal………………(8) Lawyers Involved: T. H. Khan, Senior Advocate, (Abdul Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record- For th...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ..

Category: Criminal Law | Date: | Hits: 56

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

....dvocate, instructed by Syed Sakhawat Ali,-Advocate-on-Record-For Respondent No. 1(State) A. W. Bhuiyan, Additional Attorney General, (B.Hossain, Assistant Attorney General with him), instructed by Md. Sajjadul Huq-Advocate-on-Record. Ex-parte-Respondent No. 2. Criminal Appeal No. 4 of 1987.......rrect Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......: 40 DLR (AD) (1988) 226 ..

Category: Criminal Law | Date: | Hits: 63

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

....62(S.C) 3020., Muhammad Khurshid V. State P.L.D. 1963(S.C) 157, State V. Lalu Mia and another Criminal Appeal No. 16 of 1985. Lawyers Involved: Mozammel Huque Bhuiyan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record, —For the Appellants (In both the cases). Bakhtiar Hossai......to attack Mominul Huq and on his direction the bomb was thrown. Then Mostafa threw the bomb or the order of Ibrahim which killed Efaz. P.W. 2, Momin, P.W. 3 Ishaque Molla, P.W. 4 Abul Hossain, P.W. 5 Abdul Gani, P.W. 7 Panchu Molla, P.W. 10 Amir Hossain and P.W. 1.2 Rehanuddin were the eye witnesses......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......n (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir..

Category: Criminal Law | Date: | Hits: 61

Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)

.... Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Charandwip Bhumihin Krishi Samabaya Samity Ltd. represented by the Chairman, Md. Abdus Samad..........................Appellant Vs. The Deputy Commissioner, Cox's Bazar ......cate-on-Record, For respondent No. 5. Civil Appeal No. 92 of 1985. Judgment: Fazle Munim CJ. - This appeal arises from the order of a Bench of the High Courts Division, Dhaka (Mr. Justice Abdul Matin Khan Chowdhury and Mr. Justice Latifur Rahman) passed in Writ-Petition No. 307 of 1985 o......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......dhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Charandwip Bhumihin Krishi Samabaya Samity Ltd. represented by the Chairman, Md. Abdus Samad..........................Appellant Vs. The Deputy Commissioner, Cox's Bazar & ors..........Respondents Judgment March 27, 1..

Category: Property Law | Date: | Hits: 45

M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

....he High Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J M. A. Hai Md. Wazed Ali Miah & Md. Moslem.................Appellants Vs. Trading Corporation of Bang......nvolved in these appeals they have been heard together and will be disposed of by this judgment. 2. In Civil Appeal No. 10 of 1987, which arises out of Writ Petition No. 83 of 1985, the appellant, Abdul Hai, is Senior Executive of the Bangladesh Trading Corporation, briefly the Corporation, esta�......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......te Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J M. A. Hai Md. Wazed Ali Miah & Md. Moslem.................Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) ..

Category: Employment/Service Law | Date: | Hits: 112

The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......ision, Dhaka in First Appeal No. 22 of 1970.) Judgment Fazle Munim CJ.- This appeal arises from a judgment of the High Court Division, Dhaka passed in First Appeal No.22 of 1970 (Mr. Justice Abdul Wadud Chowdhury and Mr. Justice MH Rahman) on 3rd May 1983. 2. Plaintiff-respondents filed ......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......e Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J The Province of East Pakistan (Now Bangladesh)............Appellant Vs. Shamser Ali Khan & others... ..................................Respondents Judgment ..

Category: Property Law | Date: | Hits: 63

Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)

....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......custom from lime immemorial nor reasonable……………………(15 & 16) Cases Referred to- Barindra Chandra Das and others V. Mvi. Mahbubul Quadir and others 7 DLR 464; Gopal Krishna Sil v. Abdul Samad Chowdhury 34 CLJ 319; Abul Hossain v. Sadai Gobind Deb 42 CWN 1102 = ILR 63 Cal. 851; Sa......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......n (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Moniruddin Sarker being dead his heirs: Fazlul Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgm..

Category: Civil Law | Date: | Hits: 113

Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)

....R 1967 S.C. 341 (343); Mohammed Seraj V. Adibar Rahma Sheikh and others, AIR 1968 Cal 550; Marianski V. Cairns (1852) 1 Macq 212. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record. - For the Appellants. Jamiruddin Sircer, Advocate, instr......ase is also Reported in: 40 DLR (AD) (1988) 114 ......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......l) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Abdul Kader Khan being dead his heirs All Akbor Khan & Ors.....................Appellants Vs. Basek Khan being dead his heirs Shazu Bia & Ors..... ............................Respondents ..

Category: Property Law | Date: | Hits: 36

The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)

....or against any evidence judtifying interference………………………(5 & 6) Lawyers Involved: B. Hossain, Advocate-on-Record. - For the Appellant. Mainul Husain, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.— For the Respondents. Criminal Appeal No. 10 of 1985. ......of 1983 with Criminal Appeal No. 27 of 1983.) Judgment: Shahabuddin Ahmed J. - This is an appeal against acquittal filed by the State. Accused-respondents No.1 to 4, respectively Abdur Rashid, Abdul Barek Mirdha, Mobarak Ali and Mohammad Hafez Mirdha, were convicted by the Additional Sessio......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ...... (AD) (1988) 106 ..

Category: Criminal Law | Date: | Hits: 45

Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)

....ate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment Marc......aving been disbelieved by the courts below concurrently shall not be reopened in the fresh trial…………………..(11 & 12) Lawyers Involved: T. H. Khan, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record. - For the Appellants. Rafiqur Rahman, Senior Advocate, instructe......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment ..

Category: Property Law | Date: | Hits: 34

M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)

....tion to waive such default, amount to waiver so as to entitle him to the protection against the consequence of default, that is, eviction…………(13) Cases Referred to- Ramjan Ali Mistry V. Md. Hedayetullh,(1979) 31 DLR 183 AD Profulla Kumar Chakraborty V. Anil Proshad Chowdhury, (1981) 33......tullah, (1979) 31 DLR 183 AD, Profulla Kumar V. Anil Proshad, (l981)33 DLR 55 AD, Selwyn V. Garfit 38 Ch. D. 273 (1888) Bowen, Ram Chunder Banka V. Rawatmull reported in 19 C.W.N. 1172, Easin Khan V. Abdul Wahab Sikdar reported in C.W.N. 10, Jahandar Baksh Mallik V. Ram Lal Hazrah reported in 37 Cal......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......l) Present: F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J M/s Binning & Co.(Bangladesh) Ltd………………….Appellant Vs. M/s Nasirabad Properties Ltd…………………………..Respondent Judgment Februa..

Category: Tenancy Law | Date: | Hits: 109

Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)

....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......eral and B. Hossain, Assistant Attorney-General with him) instructed by M. R. Khan, Advocate-on-Record (absent)- For the Appellants (In both appeals) S. R. Pal, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record.-For the Respondent (In both appeals) Civil Appeal Nos. 107 & 108......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M.Afzal J Bangladesh and others ..................Appellants (In both appeals) Vs. Dhaka Lodge Welfare Society...........Respondent (In both appeals) Judgment June 22nd ..

Category: Property Law | Date: | Hits: 39

Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)

....s Case is also Reported in: 40 DLR (AD) (1988) 83. ......se is also Reported in: 40 DLR (AD) (1988) 83. ......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ...... Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Abdul Majid Sarkar ...............Appellant Vs. The State………………………….Respondent Judgment June 17, 1987 The Penal ..

Category: Criminal Law | Date: | Hits: 52

Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)

....llate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mir Abdul Ali.......................................... Appellant Vs. Md. Rafiqul Islam…………………………………………Respondent Judgment July 7, 1......d in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149....... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mir Abdul Ali.......................................... Appellant Vs. Md. Rafiqul Islam…………………………………………Respondent Judgment J..

Category: Property Law | Date: | Hits: 118

Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)

.... Case is also Reported in: 40 DLR (AD) (1988) 69 ...... evidences at their disposal: whether such evidence can be relied upon is a matter which will be considered by the trial Court……………………….(11) Cases Referred to- Farruk Ahmed vs. Abdul Kader 38 DLR (AD) 18, Abdus Salam Master 36 DLR (AD) 58, Moslem Sharif vs. State, Criminal App......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......ppellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Shamsuddin alias Lambu and ors………………Appellants Vs. The State and others ..................................Respondents Judgment July 5th 1..

Category: Criminal Law | Date: | Hits: 46

Jamal and others Vs. The State, 1987, 16 CLC (AD)

.... Musa Sarkar was alleged to be the prime mover, the main man among the accused. He hails from Char Kajla which is to the adjacent west of Char Khojapur wherefrom the main man of the complainant party Md. Sohrab (P.W.1) hails. Musa Sarkar, admittedly an influential person, has houses at two other pla......al criminal court around 4 P.M. and met Sohrab and Mahtab and Saimuddin (brother of Jamshed) there. Sohrab said that he had already filed a case before the S.D.O. over the incident through his Muktar Abdul Gani (P.W.12). Sohrab and his relations could not go to the thana for fear of the accused duri......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ...... (1988) 38. ..

Category: Criminal Law | Date: | Hits: 55

Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)

....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......These appeals arise from Civil Revision Nos. 352 and 353 of 1975 decided by a Single Judge of the High Court Division, Comilla (A.T.M. Afzal, J.) on 12th February, 1984. 2. Plaintiffs' predecessor Abdul Aziz Bepari instituted S.C.C. Suit No.1 of 1973 in the court of Small Causes Court Judge-cum-M......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin J M.H. Rahman J Tajabunnessa and others ...........................Appellants (In both the appeals.) Vs. Mrs. Nazma Begum and others.................. Respondents (In both appeals.) Judgment J..

Category: Tenancy Law | Date: | Hits: 95

Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)

....ported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......Hossain, Advocate, (Joynal Abedin, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record (absent) - For Respondent No. 1. B. Hossain, Advocate-on-Record - For Respondent No.2. Abdul Wadud Bhuiyan, Additional Attorney General. -Amicus curiae. Civil appeal No. 3 of 1987. ....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ...... Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Mostafa Hossain ............................Appellant Vs. Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result..

Category: Election Law | Date: | Hits: 132

Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)

....Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Md. Naimuddin Sardar…………………………......n Sardar……………………………………………………Appellant Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam Basiruddin @ Abul Kalam Azad & another……&hell...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... Md. Naimuddin Sardar……………………………………………………Appellant Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam Basiruddin @ Abul Kalam Azad & another&helli..

Category: Property Law | Date: | Hits: 44

Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)

....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......dgment March 31, 1987. Cases Referred to- Altafur Rahman vs. Tamijur Rahman, 30 DLR (SC) 236. Erfan Ali vs. Joynal Abedin, 35 DLR (AD) 216. Sk. Abdul Latif and another vs. Abdul Malek Kazi, 38 DLR (AD) 22. Nafar Chandra Pal vs. Sukur Sk., AIR 1918 (PC) 92. Lawyer......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......handra Sil & anr…………………………………………………….Appellants Vs. Harimohan Das & ors……………………&h..

Category: Property Law | Date: | Hits: 50

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