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Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ...........................Appellant Vs Miah Nurul Islam and others............................Respondents Judgment March 13, 1989. Result: The appeal is allowed. The Constitution of Bangladesh 1972, Article 102 Disputed question of fact being involved in the case, the High Court......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ..Category: Election Law | Date: | Hits: 115
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....e medical certificate, to appear before the Court and prove the medical certificate. On the same day i.e. 13.9.1983 another application was filed for time on the ground that Dr. Saiful Islam, a Government employee, had net been granted leave by his employer and hence he could not come to depos......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......(1990) 48 ..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....acquittal. In all 11 (eleven) persons including the appellants were on trial on the aforesaid charge before the Additional Sessions Judge, 1st Court, Chittagong and all of them were acquitted. Then Government took an appeal, No.1 of 1985 under section 417(1) of the Code of Criminal Procedure aga...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ....... Moreover evidence of eye-witness have been corroborated by a disinterested witness. So such evidence of eyewitnesses cannot be discarded………………..(47 & 54) Cases Referred to— Nazir Vs. State 14 DLR (SC) 159; Niaz Vs. State 12 DLR (SC) 289; Bhagwan Swarup Vs. State of Maharashtra, ......S.C. 1775; Sheo Swarup and others vs. King Emperor AIR 1934 Privy Council 227; Safdar Ali V. Crown 5 DLR 107; Taleb v. State, 19 DLR (SC) 134; Abdur Rashid V. State, 14 DLR SC 263; Ghulam Mohammad v. Md. Sharif and the State, 21 DLR SC 206; Abdur Rashid Khondkar v. Chandu Master and others, 16 DLR (..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....this appeal by special leave the only question for consideration is whether the appellant's trial by the Divisional Special Judge, Rajshahi, was vitiated in the alleged absence of any sanction by the Government under section 6 of the Criminal Law Amendment Act, 1958. 2. The appellant was Jute Ext......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......R (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....e First Appellate Court. 2. Material facts of the case are that the plaintiff-appellant took settlement of 2.73 acres of land in several plots of S.A. Khatian No. 162 of Mouza Haybatpur from the Government in P.S. Case No. 889 of 1965-66. The order of settlement was, however, cancelled on 10.......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... the Returning Officer has been done without lawful authority and is of no legal effect and declaring further that the appellant is disqualified within the meaning of section 7 (2) (g) of the Local Government (Union Parishads) Ordinance, 1983 (hereafter referred to as the Ordinance) and as such ........Appellant Vs Amjad Ali (Md.) alias Mazu Mia and Others...............................Respondents Judgment April 2, 1989. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The election of a candidate could not be challenged under Article 1...... disqualification alleged continued to render the appellant an usurper to the office to entitle him to file a writ petition…….........(15 & 16) Cases Referred to— Bhairulal Chunilal Vs. State of Bombay, AIR 1954 Bombay 116; Sukedeo Narayan V. Mahadevananda, AIR 1961 Patna 475; Fa......orted in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....r the petitioner was unaware of the leave petition filed by the Government and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......etitioner Vs Arman Ali and Others...........................Respondents Judgment July 28, 1987. Result: The petition is dismissed. The Constitution of the People's Republic of Bangladesh, 1972, Article 103 Leave petition filed by the state being dismissed upon hearing, the......r the petitioner was unaware of the leave petition filed by the Government and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......ition filed by the state being dismissed upon hearing, there is no scope of hearing fresh leave petition at the instance of the informant. Lawyers Involved: M. A. Matin, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Azizur Rahman Chowdhury, Advocate instr..Category: Criminal Law | Date: | Hits: 41
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......r. Vs M/s. Raj Textile Mills Ltd............................................Plaintiff-Respondent. Judgment December 13, 1988. Result: The Rule is discharged. The Constitution of Bangladesh, 1972, Article 104 This case is for transfer of the suit at Dhaka from Jessore on grou......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......e same parties out of same transaction are pending in two courts in different places suit filed later may be stayed till disposal of the earlier one…………..(3) Lawyers Involved: Abu Nasr Md. Gaziul Hoque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner..Category: Procedural Law | Date: | Hits: 110
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....shu Mia. 7. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the appellant has tried to argue that the Magistrate ought to have looked into the various processes by which the decision of the Government was arrived at. We think that, that is not the function of the Magistrate. The Magistrate......uhul Islam J Sikandar Ali Sikdar………………Appellant Vs. State and others…..….....Respondents Judgment March 16, 1978. Case Referred to- Bakshu Mian Vs. Govt. of Bangladesh, (1978) 30 DLR (SC) 228. Lawyers Involved: Khondker Mahbuddin Ahmed, Advocate, in......(AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....31 DLR (AD) (1979) 127.......979) 127....... Division (Civil) Present: Syed ABM Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossajn J Debesh Chandra Bhattarcharya J Government of Bangladesh………….Appellant Vs. Md. Ismail Hossain………….Respondent Judgment April 20, 1977. Cases Referre......n (Civil) Present: Syed ABM Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossajn J Debesh Chandra Bhattarcharya J Government of Bangladesh………….Appellant Vs. Md. Ismail Hossain………….Respondent Judgment April 20, 1977. Cases Referred To- ..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....elling reasons calling for an action under this rule, apart from other question of jurisdiction. 9. If I turn to facts as have transpired from the materials on record, I find that the Respondent, Government of Bangladesh entered into a contract of carriage of wheat from foreign countries to Ba...... Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Unimarine S. A. Panama through Local Agent Bengal Shipping Line Limited and another…………Appellants Vs. Bangladesh...........Respondent Judgment August 15, 1977. Cases Referred To- Shamsul......ain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Unimarine S. A. Panama through Local Agent Bengal Shipping Line Limited and another…………Appellants Vs. Bangladesh...........Respondent Judgment August 15, 1977. Cases Referred To- ......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....ng certain pucca constructions, and on payment of rents along with his co-sharer tenants to the landlord and thereafter to the Government after the acquisition of the rent-receiving interest by the Government. Preparation of record of rights was started under the provisions of the East Bengal St...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... 31 DLR (AD) (1979) 123.......34, while the appellant and the said Khan Brothers were the recorded co-sharer tenants in the holding, the co-sharer Khan Brothers sold their share by a registered kabala dated 3.12.66 to a stranger, Md. Khalilur Rahman, Respondent No.4, for consideration of Taka 6,000.00. The appellant was served w..Category: Property Law | Date: | Hits: 33
Md. Golam Rabbani and another Vs. Hon’ble Judges of the High Court Division & anr, 1978, 7 CLC (AD)
.... judgment was made shall only be mentioned in the petition. It will be for the Court to decide to whom the notice will be served. In this view the name of the Respondent No.1 is struck off. Since Government has been made a party on its prayer for adding it in the proceeding its name as Responden...... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ......preme Court Appellate Division (Criminal) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J KM Subhan J Md. Golam Rabbani and another………...Appellant Vs. Hon’ble Judges of the High Court Division & another….…….Respondents Judgment......is Case is also Reported in: 31 DLR (AD) (1979) 87. ..Category: Others | Date: | Hits: 84
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....l Bin Matnur………..Respondent (In Criminal Appeal No. 7 of 1978) Judgment March 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others V......t. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ...... (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....luddin Hossain CJ
Fazle Munim J
Ruhul Islam J
KM Subhan J
Kazi Mokarram Hossain……..……Petitioner
Vs.
Secretary, Ministry of Cabinet Affairs, Establishment Division, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
...... CJ
Fazle Munim J
Ruhul Islam J
KM Subhan J
Kazi Mokarram Hossain……..……Petitioner
Vs.
Secretary, Ministry of Cabinet Affairs, Establishment Division, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
Lawyers Involv...... 64.
......
Vs.
Secretary, Ministry of Cabinet Affairs, Establishment Division, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
Lawyers Involved:
Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record -..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....ellate Division (Criminal) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Latif Mirza..............Appellant Vs. Government of Bangladesh and other..............Respondents Judgment September 2, 1977. ......eshwar Lal Patwary Vs. State of Bihar, AIR 1968 SC 1303; Gholam Jilani Vs. Govt. of West Pak., (1967) 19 DLR (SC) 403; Ridge Vs. Baldwin 1964 AC 46; Rex Vs. Electricity Commissioners (1924) 1 KB 171; Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury (1977) 29 DLR (SC) 41; Mrs. Ar......t Appellate Division (Criminal) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Latif Mirza..............Appellant Vs. Government of Bangladesh and other..............Respondents Judgment September 2, ......ict Magistrate, Burdwan, 1964 (SC) 334; Motilal Jain Vs. The State of Bihar, AIR 1968 (SC) 1309; Shushanta Goshwami, AIR 1969 (SC) 1604; Mahbub Anam Vs. The Govt. of East Pakistan PLD 1959 Dacca 774; Md. Humayun Kabir Vs. The State, (1976) 28 DLR 259; Arbab Md. Hashem Khan on behalf of Arbab Abdul G..Category: Constitutional Law | Date: | Hits: 408
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....ation of delay that in any view of the matter, the delay in presenting the memorandum of appeal was sufficiently explained, but the learned Judges on an erroneous view that the petitioner being the Government was asking for an extended period of limitation. It was conceded by the appellant befor......o cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......lso Reported in: 31 DLR (AD) (1979) 45. ......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....tlement are illegal, void, ineffective and without jurisdiction. 2. The short fact relevant for our purpose is that plot No. 99 had been an abandoned ditch and the said plot belonged to the Government khas Khatian No.1; that the plaintiff applied to the local revenue authority for getting...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayu......J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner Not represented- For Respondents ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
.... ...... Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represented by the Principal Secretary to Prime Minister's Office, Tejgaon, Dhaka & ......ul Amin J Md. Tafazzul Islam J Government of Bangladesh represented by the Principal Secretary to Prime Minister's Office, Tejgaon, Dhaka & another...............Petitioner Vs. Md. Sultan Ahmed ........................................................Respondent ...... Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ..Category: Administrative Law | Date: | Hits: 111
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
.... No. 1891 of 1998 dismissing the appeal. 2. Prosecution case, in brief, is that on 01.12.1996 while victim Sohel, Zaved and Hashed as usual were going to their school known as Gouranga Bari Government Primary School at about 12.00 O'clock and reached near Gouranga Bari Anderson Road, thr......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ...... (Criminal) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Jashimuddin & other.....................................Petitioners Vs. The State.........................................................Respondent Judg......on and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
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