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Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......bsp; Amirul Kabir Chowdhury J.- At the instance of the convict appellants (1) Majid Sheikh alias Majid, (2) Reza Mollah alias Reza, (3) Manik Sarder, (4) Haider Ali alias Saider Ali, (5) Saken Saeder, (6) Pathar Ali and (7) Jinnah Sarder this appeal arises out......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Majid Sheikh alias Majid and others... ............Appellants vs State……………..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
....oner Vs. Amirun Nahar and others.................Respondents Judgment March 5, 2006. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. ASM Khalequzzaman, Advocate-on...... Vs. Amirun Nahar and others.................Respondents Judgment March 5, 2006. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. ASM Khalequzzaman, Advocate-on-Record&md...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Abdul Kashem............................Petitioner Vs. Amirun Nahar and others.................Respondents Judgment March 5, 2006. Lawyers Invo..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nuary 11, 1999 passed by the High Court Division in Civil Order No.1451 of 1999). Judgment: Md. Ruhul Amin J. - This is a plaintiff's appeal by leave against the order dated January 11, 1999 ......t of Taka 5,000. Ed. ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... Present: Md Ruhul Amin J MM Ruhul Amin J Ali Akbar (Md)...............................Appellant vs Shajirannessa Bewa and others........Respondents Judgment &..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... ......p; Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. ......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ...... Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. C..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......al Research Institute……………Respondents Judgment February 2nd, 2003 Lawyers Involved: Matiur Rahman, Advocate, instructed by Mrs Azra Ali, Advocate-on-Record—For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record&md...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... Judgment: Md Ruhul Amin J.-This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. ..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....ach, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......d that at the time of hearing the leave petition, the petition, so far as it relates to convict Aynul Sheikh, was not pressed and was thus dismissed. 7. In support of the Appeal Mr Md Nawab Ali, learned Advocate-on-Record, submits, inter alia, that there is no cogent evidence against ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... Ed. ..Category: Criminal Law | Date: | Hits: 42
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....1 Federation of Pak vs. Tamijuddin Khan; 7 DLR (FC); 9 DLR (SC) 177, 178; 18 DLR (SC) 69; 32 DLR (AD) 233 Bangladesh vs. Hazi Abdul Gani; 17 DLR (SC) 384 Shamsuddin vs. Capt.Gauhar 1 Ayub; 35 DLR 362 Md. Mustafa Mandal Vs. State; 41 DLR 395 Nurul Huda vs. Baharuddin; 26 DLR (SC) 17; 34 DLR (AD) 110 ...... C.M.P. Case No.1 of 1986; 1950 (S.C.R.) 88 (120, 198); 1899 A.C. 580; (1584) 76 ER 637; 37 Commonwealth Law Reports Clyde Sugining vs. Cowburn; 1910 (AC) 444; B.C.R. (1984) A.D. 29 Joynal vs. Rustom Ali; (1839) 9 AD & E.I. Page 86, Stockdale vs. Hansard; (1971) Blackburn vs. Attorney-General; M......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......al J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the SecreÂtary, Ministry of Law and Justice, Bangladesh SecreÂtariat,Ramna,Dhaka & Others ……… Respondents (In Civil Appea..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....venge. The informant found one pair of plastic sandal in the room of his parents which belonged to accused Dablu. The informant raised alarm whereupon neighbour Professor Waned Anwarul Kader (P.W.1), Md. Hashem Air (P.W. 14), Md. Khizir Ahmed (P.W.5) and Professor Harun-or-Rashid (P.W. 13) and many ......€¦â€¦â€¦(31,32,33) Cases Referred to- Sarwan Singh Rattan Singh vs. State of Punjab, A.I.R. 1957(SC) 637; Abdul Majid Vs. Govt. of East Pakistan, 16 DLR (SC) 127. Lawyers Involved: Julmat Ali Khan, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. ...... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: The appeal is alÂlowed and the judgment and order of the High Court Division is set aside. Conviction and sentence of acÂ..Category: Criminal Law | Date: | Hits: 159
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....as not available to the appellants since from complainant party they had no reasonable apprehension either of imminent death or of grievous hurts………………….(10 & 12) Lawyers Involved: Md. Abdul Malek, Senior Advocate, instructed by Md. Sajjadul Hug, Advocate-on-Record — For the App...... Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......d.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......olic Smoke Ball Co. (1892) 2 QB 84, Gauga Ram V. Nath Singh A.I.R. 1924 P.C.183. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Shaheed Alam, Advocate with him), instructed by Syed Sakhawat Ali, Advocate-on-Record— For the Appellant T.H.Khan, Senior Advocate (S.C. Das and M.A. Wahhab ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......t: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Bangladesh House BuildÂing Finance Corporation....................Appellant Vs. Abdul Mannan, Advocate and others……...............................Respondents Judgment January 11, 1989. Resul..Category: Property Law | Date: | Hits: 41
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....sh, AIR 1962 (Cal) 597. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, instructed by Syed Sakhawat Ali, AdÂvocate-on-Record — For the Appellant. Rafiq-ul-Huq, Senior Advocate, (Md. Fazlul Huq, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record — For t...... benefit of s. 18(5) of the Ordinance……….(11) Cases Referred to- Prafullah Kumar Chakraborty v. Anil Prosad Chowdhury, 33 DLR (AD) 55., Abu Leyes v. Anwara Khalun, 29 DLR, SC 13 and Ramjan Ali v. Hedayatullah, 31 DLR (AD) 183, Bashirullah v. East Pakistan, PLD 1962 (Dhaka), 127 and Sm. La...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......man J A.T.M. Afzal J Maria Keshi D'Rozario…………………………….......................... Appellant Vs. Hassan Movies Ltd., repÂresented by its Managing Director, 12 Banga Bandhu Avenue, P.S. Ramna, District Dhaka…………………………Respondent Judgment Nove..Category: Property Law | Date: | Hits: 45
Samiruddin Ahmed alias Samir Mia alias Md. SamirudÂdin Vs. State, 1987, 16 CLC (AD)
....D) 157. ......t. In any case the appellant could not be legally convicted for the alleged offence of criminal trespass. The appeal is allowed………………..(11 & 12) Lawyers Involved: A.J. Mohammad Ali, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. B. Hos......Âlowed. The impugned orders of conviction and senÂtence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......4 An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-supposes the appellant's possession of the case holding and so long the order of the Civil Court was there and determination of the question of possession w..Category: Criminal Law | Date: | Hits: 59
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ed as the assailant. Acquittal of the co-accused by the trial court on the plea of alibi will not destroy the dying declaration………….(8)  Lawyers Involved: Abdul Hamid, instructed by Md. Aftab Hossain, Advocate-on-Record—for the Appellant. B. Hossain, Advocate-on-Record—For t......n appeal the High Court Division changed the conviction to one under sections 394 and 304 Part I, but maintained the sentence. 2. The prosecution case in brief is that on 3rd September, 1979 Nowab Ali, an Ansar, was on duty at post No.1 in Joypurhat Electric Supply Centre. He had a rifle with fiv......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126...... Act, 1872 (1 of 1872) Section 32 There is no eye witness to the occurrence but the evidence adduced by the PW 1 who rushed to the victim immediately after the occurrence appears to be trust worthy and convincing. Moreover, in the dying declaration appellant was mentioned as the assailant. Acquitt..Category: Criminal Law | Date: | Hits: 61
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
.... Moksudur Rahman, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Khondker Mahbubuddin Ahmed, Senior AdvoÂcate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte— For the Respondent N......buddin Ahmed J MH Rahman J ATM Afzal J Additional Deputy ComÂmissioner, Revenue and Assistant Custodian Vested Property, Chandpur.................... Appellant Vs. Tafurnessa wife of Ali AhÂmed Mia and others..............................Respondents Judgment December 11, 1988......aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124...... (1989) 124..Category: Property Law | Date: | Hits: 56
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....e in respect of the alleged deed of sale………………………(13 & 14) Lawyers Involved: Mohammad Yeasin, Advocate, instructed by-Abu Backkar, Advocate-on-Record.—For the AppelÂlant. Md. Nurul Huq, Advocate-on-Record.—For ReÂspondent Nos. 1, 2 and 3. B. Hossain, Advocate-on-Re......vidence in respect of the alleged sale of .02-1/2 deciÂmals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......vidence in respect of the alleged sale of .02-1/2 deciÂmals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113...... A.T.M. Afzal J Sona Mia Bepari & ors................Appellants Vs. Jamila Khatun & ors…………………………………........... Respondents Judgment September 1, 1987. Remand The appellant bringing the suit challenging the deed of gift revealing lateron that the appell..Category: Property Law | Date: | Hits: 33
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....ay continue on ad-interim bail granted by this division till disposal of criminal appeal pending before the High Court Division. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. M.R. Khan, Advocate-on-Record—For th......a. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......he Code of Criminal Procedure, 1898 (V of 1898), section 498 Where there is hardly any chance of abscondence in a case under section 420 of the Penal Code read with section 5(2) of Act II of 1947, and where the order of sentence under the provision is under challenge on appeal the accused appella..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House BuilÂding Finance Corporation & another, 1989, 18 CLC (AD)
....e appellant. Shahid Alam, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record—For the respondent No. 1. T.H. Khan, Senior Advocate, M.A. Wahab Miah, Advocate with him, instructed by Md. Altab Hossain, Advocate-on-Record—For the respondent No. 2. Civil Appeal No. 6 of 1988 ......nths, in default the auction purchaser is entitled to interest on the amount at the rate 9% till realisation……………(9 & 10) Lawyers Involve M.H. Khondker, Senior Advocate, A. F. Mohammad Ali, Advocate with him, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the appellant.......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......Vs. Bangladesh House BuilÂding Finance Corp. & anr........Respondents Judgment August 21, 1988. Compensation The entire balance amount of loan having been paid in full by the appellant and no outstanding claim remain with HBFC and such payment being made with concurrence of this court..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......ever seek remedy by way of partition in an appropriate forum. ………………..(6) Lawyers Involved: T.H. Khan, Senior Advocate, M.A. Wahab Mia, Advocate with him, instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant. Kh. Mahbubuddin Ahmed, Senior Advocate, Mahbubey Ala......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ............................Respondents Judgment August 10, 1988. The Specific Relief Act, 1877 (1 of 1877), Section 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plainti..Category: Property Law | Date: | Hits: 75
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......ppellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J M.H. Rahman J A.T.M. Afzal J Soleman Miah & ors..................Appellants Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors............Respondents Judgment November 8, 1988 ......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104...... of execution of the decree has been properly reÂfused under Order 21, rule 29 of the aforesaid Code. 3. Briefly the facts of the case are that the reÂspondent No. 1 Ishaque Ali, since deceased, and subÂstituted by his heirs, brought Title Suit No. 34 of 1962 in the court of Munsif, Sylhet for..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......). Moksudur Rahman, Senior Advocate instructed by A.W. Malik, Advocate-on-Record—For the Respondents Nos. 1-4 (In both the appeals). Ranadhir Sen, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record —For the respondent No. 5. Ex-parte— Respondents Nos. 6, 7, 8(1) to 8......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ...... Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy ComÂmissioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others…………….. Respondents (In both the appeals) Judgmen..Category: Procedural Law | Date: | Hits: 146
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