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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......epting evidence of PW 4 Mobarak and others. The evidence on does not justify the order of conviction under section 302/109 and 148 Penal Code…………(15 & 16) Lawyers Involved: Shaukat Ali, Senior Advocate instructed by A. Baset Majumder, Advocate-on-Record.- For the Appellant. B. ......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. ......d. This Case is also Reported in: 40 DLR (AD) (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 ......ppellants' claim to evict her from the suit premises on the ground of some technical objection…………(7 & 8) Lawyers Involved: A.T.M. Kamrul Islam, Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record-For the appellants (In both appeals). Ex-Parte- For Respondent Nos. 1-7 (......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 ...... Reported in: 40 DLR (AD) (1988) 36 ..

Category: Tenancy Law | Date: | Hits: 95

Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)

.... Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......is Case is also Reported in: 40 DLR (AD) (1988) 23. ......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......d in: 40 DLR (AD) (1988) 23. ..

Category: Property Law | Date: | Hits: 47

Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)

....tta AIR 1980 Cal. 184, Nitindra Nath Roy Chowdhury vs. Subhas Ch. Kar 85 CWN 915. Lawyers Involved: Khondker Mahbub Uddin Ahmad, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record- For the Appellants. Ex parte- The Respondents. Civil Ap......��.(13 & 14) Cases Referred to- Narasimha V. Sengodi AIR 1955 Mysore 79, Padam Sen and another V. State of U.P. AIR 1961 (SC) 218, Institution of Engineers V. Bishu Pada AIR 1978 Cal. 296, Amjad Ali V. All Hossain Johar and another, 15 C.W.N. 353, Ram Charan and others V. Murli and others AIR 1......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ...... 40 DLR (AD) (1988) 20 ..

Category: Civil Law | Date: | Hits: 94

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

....ported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ...... Cases Referred to- Dr. Kamal Hossain v. Mohammad Sirajul Islam, 21 DLR (SC) 23, Darley v. The Queen, 12 Cl & F. 537, King v. Spyer and The King v. Cassel, 1 KB (1916) Vol.1, p. 595, Farzand Ali v. Province of West Pakistan, PLD 1970 SC 98, Laliteshwer Prasad vs. Bateshwar Prashad, AIR 1966....... 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. ......ion (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: The appeal is dismiss..

Category: Election Law | Date: | Hits: 132

The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)

....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......pellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The State....................................Appellant Vs. Tayeb Ali and others…………………...Respondents Judgment March 31, 1987. Result: The ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......ate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The State....................................Appellant Vs. Tayeb Ali and others…………………...Respondents Judgment March 31, 1987. Result: The conv..

Category: Criminal Law | Date: | Hits: 62

Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)

....his Case is also Reported in: 40 DLR (AD) (1988) 1......correct in dismissing the suit…………………..(19 & 20) Cases Referred to- M/s. M.A. Hoque & Co. Vs. Zakir Hossain 1984 BLD 298, Prafullah Kumar Chakrabarty's case, 1981 BCR(AD)41, Ramjan Ali Mistry's case, 31 DLR(AD) 183, M/s. Binning & Co. Vs. M/s. Nasirabad Properties Ltd. 1986 BLD (A......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......Vs. Mst. Asia Khatun Chowdhury..........Respondent Judgment March 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this c..

Category: Property Law | Date: | Hits: 52

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…………………………......am Basiruddin @ Abul Kalam Azad & another……………………Respondents Judgment April 5, 1987. Cases Referred to- Erfan Ali vs. Joynal Abedin Mia, 1983 BLD (AD) 342=DLR 35 (AD) 216. Lawyers Involved: Rafiq...... 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. ......f 1978.) Judgment: A.T.M. Afzal J.- This is a defendant's appeal following leave and arising out of judgment dated 2nd August 1983 passed by a Single Judge of the High Court Divisi..

Category: Property Law | Date: | Hits: 44

Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)

....;…Respondents Judgment September 2, 1985. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Md. Sajjadul Hoque, Advocate-on-Record—for the Appellants. Rafiqur Rahman, Senior Adv......leka Khatun & anr……………………………………………….Appellants Vs. Abid Ali & others.…………………………&he......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......ucted by Serajur Rahman, Advocate-on-Record— For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Appeal No. 36 of 1985. (From the Judgment and Order dated 21. 1. 85 passed by the High Court Division, Comilla in Civil Revision No. 114 of ..

Category: Property Law | Date: | Hits: 48

Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)

....H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......ry and another, 33 I.A. 60; Gopal Das vs. Sri Thakurji, AIR 1943 (PC) 83 (86); Reg vs. Hodges (1838); 28 DLR (1976) 437; AIR 1928 (Cab 705; Mohd. Cherag vs. Dullay Khan PLD 1954 (Dhaka) 134; Ihtesham Ali vs. Jamna Prasad and others 48 I.A 365= AIR 1928 (P.C) 56; 32 DLR (AD) 29. Lawyers Involved:......H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment February 20, 1986. Result: The Appea..

Category: Procedural Law | Date: | Hits: 115

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. ......hellip;………………Respondents Judgment 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 D......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. ......Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M H Rahman J A. T. M. Afzal J Sudhir Chandra Sil & anr…………………………&..

Category: Property Law | Date: | Hits: 50

Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)

....as and others…………Respondents Judgment June 10, 1987. Lawyers Involved: Syed Sakhawat Ali, Advocate-on-Record— For the Appellant. Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Abdul Malek, Senior......;….Appellant. Vs. Mrinal Kanti Biswas and others…………Respondents Judgment June 10, 1987. Lawyers Involved: Syed Sakhawat Ali, Advocate-on-Record— For the Appellant. Md. Aftab Hossain, Advocate-on-Record&mda......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ...... A. T. M Afzal J Kalitara Biswas………………………………….Appellant. Vs. Mrinal Kanti Biswas and others…………Respondents Judgment June 10, 1987. L..

Category: Property Law | Date: | Hits: 32

Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)

....Appellant. Miah Abdul Gafur, Advocate-on-Record-For the Respondent No. 1. S.S. Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record—For the Respondent No. 2. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 3. Ex-parte-For the Respondent Nos. 4�...... vs. Hazera Khatun and another (14 DLR 47); 14 DLR 47= PLD 1963 Dhaka 238; AIR 1955 All, 353; (1941) 2 K.B. 89. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For the Appellant. Miah Abdul Gafur, Advocate-on-Record-For the Respon......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......1963 SC 1561; State of Punjab vs. Sukdev Sarup Gupta, AIR 1970 SC 1641; Emperor v. Rayangouda Lingangouda Patil (AIR (31) 1944 Bombay 259); Messrs. Kohinoor Mercantile Corporation vs. Hazera Khatun and another (14 DLR 47); 14 DLR 47= PLD 1963 Dhaka 238; AIR 1955 All, 353; (1941) 2 K.B. 89. Law..

Category: Procedural Law | Date: | Hits: 124

Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)

....c of Bangladesh, represented by the Deputy Commissioner, Pabna…………………………………Appellant Vs. Md. Kobad Ali and others…. ……………………&h......adesh, represented by the Deputy Commissioner, Pabna…………………………………Appellant Vs. Md. Kobad Ali and others…. ………………………Resp......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......h, represented by the Deputy Commissioner, Pabna…………………………………Appellant Vs. Md. Kobad Ali and others…. ………………………Responde..

Category: Procedural Law | Date: | Hits: 102

Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)

.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H Rahman J A .T. M. Afzal J Nausher Ali Sarder & others………………….Appellants Vs...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent, Criminal Appeal No. 29 of 1986 (From the Judgment and order dated 11.2. 86 passed by the High Court Division, Circuit Bench, Jessore, in Death Refer..

Category: Criminal Law | Date: | Hits: 62

Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)

....t. A. Y. Salehuzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the Respondent No. 1. A. W. Bhuiyan, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on -Record—For the Amicus Curiae. Ex parte—For the R......; Fazle Munim CJ.- This appeal arises from First Appeal No. 28 of 1970 decided by a Bench of the High Court Division, Chittagong (Mohammad Habibur Rahman and Syed Mohammad Ali, JJ.) on 4th March 1984. Facts are: One Umesh Chandra Chowdhury, predecessor-in-int...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......hman J A.T.M. Afzal J Priyatosh Talukdar…………………………..Appellant Vs Assistant Custodian, Vested and Non-Resident Property, Chittagong and others .............................Respondents ..

Category: Property Law | Date: | Hits: 70

Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)

....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ...... Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. Cases Referred to-......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......sent: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. Cases Referred to- ..

Category: Employment/Service Law | Date: | Hits: 97

State Vs. Lalu Miah and another, 1986, 15 CLC (AD)

....e King AIR 1949 P.C. 257 (259); H.S. Rathod vs. State of Gujrat AIR 1979 S.C. 1232. Lawyers Involved: B. Hossain, Advocate-on-Record.- For the Appellant. Habib Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Criminal Appeal No. 16 of 1985. (...... the conviction and sentence of both the appellants and acquitted them of the charges under section 302, 201 and 202 B.P.C. 2. The prosecution case was that on 30th April, 1976 deceased Ashraf Ali married Hafsa Khatun, P.W. 3. She was the widow of Ashab Uddin Master. After the death of Ashabu......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......ision (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The App..

Category: Criminal Law | Date: | Hits: 124

Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)

.... Appellate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Ayub…………………………..…&h...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... Mohammad Ayub, Advocate-on-Record—For the Respondent Nos. 6 end 7. Not represented—For the Respondent Nos. 1 to 5. Civil Appeal No. 56 of 1986. (From the Judgment and Order dated 28-8-86 passed by the High Court Division, Dhaka in Writ Petition No. 288 of 1..

Category: Property Law | Date: | Hits: 31

Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)

.... Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. Asrarul Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No. 38 o......eneral Cleaners Ltd. RPC Vol. 62-63 p. 39; K.M. Multani v. Paramount Talkies, AJR 1942 Bom. 119. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. Asrarul Hossain, Senior Advocate instruct......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......buddin Ahmed J M. H. Rahman J A.T.M. Afzal J Shafquat Haider & others………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Case..

Category: Intellectual Property Law | Date: | Hits: 239

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