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Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....pellant Vs. Aynal Kha and others................Defendant‑Respondents Judgment July 16th, 1991 Lawyers Involved: Abdul Hamid, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. Mvi. Md. Wahidu..........................Plaintiff‑Appellant Vs. Aynal Kha and others................Defendant‑Respondents Judgment July 16th, 1991 Lawyers Involved: Abdul Hamid, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For t......ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......n (Civil) Present: MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Rupban Bibi..... ....................Plaintiff‑Appellant Vs. Aynal Kha and others................Defendant‑Respondents Judgment Ju..Category: Civil Law | Date: | Hits: 106
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....For the Appellant. M Shamsul Alam, Deputy Attorney General, instructed by SU Chaklader, Advocate‑on‑Record ‑ For the State (Respondent No. 1). Sirajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondent No. 2. Criminal Appeal No. 16 of......der sections 420 and 406 of the Penal Code. 2. Respondent No. 2 filed a petition of complaint on 19.8.90 before the Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that her husband late Abdul Aziz Al‑Aman used to work in Kuwait and send her money from there; that the accused, a close......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......39. ..Category: Criminal Law | Date: | Hits: 64
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... 117 RR 32 at p.41: 11 Moo PC 347 & Attorney‑General for Ontario Vs. Attorney General for Canada, 1921 AC 571 (583). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑onÂRecord‑For the Appellant (In Civil Appeal No. 35 of 1987). A......ada, 1921 AC 571 (583). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑onÂRecord‑For the Appellant (In Civil Appeal No. 35 of 1987). Abdul Wadud Bhuiyan, Additional Attorney-ÂGeneral (Sharifuddin Chaklader, Assistant Attorney‑Gene...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) ..Category: Administrative Law | Date: | Hits: 203
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ate and MA Matin Advocate Supreme Court with him) instructed by Sharifuddin Chaklader, Advocate‑ on‑ Record ‑For the Appellant. BK Das, Advocate Supreme Court instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondents 1‑ 4. Ex...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Sattar ......................Plaintiff‑Appellant Vs. Abdul Rahman @ Abdur Rahman and others .............Defendant‑Respondent Judgment ......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......sent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Sattar ......................Plaintiff‑Appellant Vs. Abdul Rahman @ Abdur Rahman and others .............Defendant‑Respondent Ju..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
......Respondents Judgment August 7, 1991. Lawyers Involved: AW Bhuiyan, Additional Attorney ‑General, (B Hossain, Deputy Attorney‑ General, with him), instructed by Md. Ayub, Advocate on Record ‑ For the Appellant. Mahfuzur Rahman, Advocate, Supreme ......General, (B Hossain, Deputy Attorney‑ General, with him), instructed by Md. Ayub, Advocate on Record ‑ For the Appellant. Mahfuzur Rahman, Advocate, Supreme Court, instructed by Abdul Baset Majumder, Advocate‑on‑record ‑ For the Respondent No. 1. Civil......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......;…………………………………………………………Appellant Vs. Chand Mia and others ..............................................................Respond..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....t of Bangladesh represented by the Deputy Commissioner, Bakerganj ..............Appellants. Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgment August 7......p; Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgment August 7, 1991 Cases Referred to- Abdul Gafur Sardar and ors. Vs. Wazedali Talukder and another, 19 DLR 33 (37); Mt. Goday Koowur Vs.......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ...... Latifur Rahman J Government of Bangladesh represented by the Deputy Commissioner, Bakerganj ..............Appellants. Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .........................Category: Others | Date: | Hits: 178
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
.... 5, 1991. Result: The appeal is dismissed. Cases Referred To- Abdul Hafiz Chowdhury Vs. Somar Ali @ Samir Ali, 4 DLR 126; Ganu Mia Vs. Abdul Jabbar, 10 DLR 636; Tazal Hoque and others Vs. Md. Affan and others, 17 DLR 613. Lawyers Involved: MH Khander, Senior Advocate (AJ Mohammad ......Appellants. Vs. Mahmud Ali being dead his heirs: Munsur Ali and others..............Respondents Judgment June 5, 1991. Result: The appeal is dismissed. Cases Referred To- Abdul Hafiz Chowdhury Vs. Somar Ali @ Samir Ali, 4 DLR 126; Ganu Mia Vs. Abdul Jabbar, 10 DLR 636; T...................Respondents Judgment June 5, 1991. Result: The appeal is dismissed. Cases Referred To- Abdul Hafiz Chowdhury Vs. Somar Ali @ Samir Ali, 4 DLR 126; Ganu Mia Vs. Abdul Jabbar, 10 DLR 636; Tazal Hoque and others Vs. Md. Affan and others, 17 DLR 613. Lawyers Involved......vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Somedullah being dead his heirs: Saifa Bibi and others………………… Appellants. Vs. Mahmud Ali being dead his heirs: Munsur Ali and others..............Respondents Judgmen..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....914 (Cal) 527; Dokari Joddar Vs. Nilmani, AIR 191 (Cal) 983. Lawyers Involved: SS Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate‑on‑Record‑ For the Appellant. Md. Fazlul Karim, Senior Advocate instructed by Sharifuddin Chaklader, Advocate‑on-Record‑ For t......ellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Korban Ali Talukder @ Korap Ali Talukder................Defendant ‑Appellant Vs. Abdul Jalil Sarkar and others…………….....Plaintiff‑Respondents Judgment June 6, 1991......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Korban Ali Talukder @ Korap Ali Talukder................Defendant ‑Appellant Vs. Abdul Jalil Sarkar and others…………….....Plaintiff‑Respondents Judgment June ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ers .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (In Civil Appeal No. 22 of 1991) M ......lias Tyeb and anothers............Appellants Vs. Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ....... ..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
.......................Accused‑Appellants. Vs. State ....... .............................................Respondent Judgment July 9, 1991 Lawyer Involved: Md. Aftab Hossain, Advocate‑on‑Record-For the Appellants. B. Hossain, Deputy At......l bonds. Ed. ......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......nal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Mannan and others .........................Accused‑Appellants. Vs. State ....... .............................................Respondent Judgment ..Category: Criminal Law | Date: | Hits: 60
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
.... TH Khan, Sr. Advocate, (MA Wahab Miah Advocate with him), instructed by Sharifuddin Chaklader, Advocate‑on‑Record ‑ For the Appellant SC Das Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent No. 1 Not Represe...... and the appeal is allowed without any order as to costs. Ed. ......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......d. ..Category: Procedural Law | Date: | Hits: 110
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
...................................Condemned prisoners‑Appellants Vs. The State .....................Respondent Judgment August 6, 1991 Lawyers Involved: Md. Abdus Sobhan, Advocate, instructed by Md. Ataul Haque, Advocate‑on‑Record ‑ F......ound the case filed by accused Shamsul Haque as false and consequently filed this Suo motu FIR. Tapan Kumar Piplai interrogated Shamsul Haque, his elder brother Hazrat Ali and his sister's husband Abdul Khaleque who stated to him that they in furtherance of their common intention committed the m......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hazrat Ali and others ......................................Condemned prisoners‑Appellants Vs. The State .....................Respondent Judgment August 6, 1991 ..Category: Criminal Law | Date: | Hits: 69
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
....s heard and dismissed on 25th August, 1984. 2. Respondent No.1 filed a revisional application, Civil Revision No.773 of 1984, before the High Court Division. On 30th July, 1985 on his prayer Md. Altaf Hossain, J. of the High Court Division allowed the revisional application to go out of t......llowed. No costs. Ed. ......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......esent: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Mannan……………..........................Appellant Vs. Jobeda Khatun & others…………...............Respondents ..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ...... Lewes Prison, ex parte Doyle (1917) 2 KB 254; Ameer Khan (1970) 6 Beng LR 459; CP Mathen Vs. District Magistrate, Trivandrum AIR 1939 (PC) 213; Moslemuddin Sikder PLD 1957 Dacca 110 PLD 1957 SC 1; Abdul Hannan PLD 1959 Dacca 279 Abdul Baki Baluch 20 DLR SC 249; Government of West Pakistan Vs. B......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......ustafa Kamal J Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents &nbs..Category: Constitutional Law | Date: | Hits: 365
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
..............................................Respondent Judgment April 2, 1991. Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate ‑ on ‑Record‑ For the Appellants, Md. Nowab A......ng trial. Ed. ......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Matin and others........................................Appellants Vs. The State .......................................................Respondent Judgm..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....1918 (PC) 102; SM Bindubashini Chanda Vs. Al haj Jahanara Begum, 1982 BCR (AD) 181. Lawyers Involved: S R Paul, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on‑Record. Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondents. Khondkar Mahbubuddin Ahmed, ...... a licensee is terminable at any time at the mere will of the person granting the licence. ………………..(14,18) Cases Referred to- Abdus Sattar Vs. Suresh Chandra Das, 32 DLR (AD) 171, Abdul Latif Vs. Abdul Mannan 1982 BCR, AD, 428, Rajib Hossain and another Vs. Nowab Unus Khan, AIR 1......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pradhip Das alias Shambhu and others ………..Judgment‑debtor‑Appellants Vs. Kazal Das Sarma and others ……………………Decree‑holder‑Respondents Judgmen..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......Sherazee Vs. Province of East Pakistan (1966) 18 DLR 52 PLD 1967 Dacca; Khawaja Maynuddin Vs. Province of East Pakistan 21 DLR 886. Lawyers Involved: K. A, Bakr, Attorney General with Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by A. Wadud Mian Advocate-on- Record&md......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ...... J Fazle Munim J Bangladesh..................Appellant. Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 197..Category: Others | Date: | Hits: 142
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ...... transportation for life. The convicts then preferred an appeal by special leave to the Federal Court of Pakistan. The appeal was heard by four Judges and the judgment was delivered by his Lordship Abdul Rashid, the Chief Justice. The view taken by him is that a finding of acquittal can not be co......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......ud Hussain, C. J. Ahsanuddin Choudhury, J. Kemaluddin Hossain. J. D.C. Bhattacharya. J. Tozammel Hussain Chowdhury……..... Appellant Vs. State…………...Respondent. Judgment &n..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....n Criminal) Present: Syed AB Mahmud Hussain CJ Ahsanuddin Choudhury J Fazle Munim J M.A. Zaher………...Appellant And Haji Jalal Ahmed …….... Appellant And Md. Khurshed Alam Khan………….Appellant Vs. Mainuddin Ahmed and another……..Responde......in Ahmed alone accompanied him when he went to he Municipal Office, to serve the notice upon the Chairman on the 9th of December, 1966 and none else was with them. That P.W. 1 Mainuddin Ahmed and one Abdul Aziz accompanied the process server has been admitted by the appellant in the affidavit filed ......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......ussain CJ Ahsanuddin Choudhury J Fazle Munim J M.A. Zaher………...Appellant And Haji Jalal Ahmed …….... Appellant And Md. Khurshed Alam Khan………….Appellant Vs. Mainuddin Ahmed and another……..Respondent Judgment April 27, 1976. Result: ..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....Vs. Ajudhia (2 Allahabad (644), In re-Natesa Mudaliar, A.I.R. 1945 Madras, 330. Sital Vs. Emperor AIR 1942 Oudh. 214. Reg. Vs. Tukay Bin Tamana, I.L.R. 1 Bombay 214. Lawyers Involved: Md. Behatar Ali, Advocate-on-Record—For the Appellant. M.A. Rouf, Senior Advocat......acharya, J. Sirajuddin alias Siraj…...Appellant. Vs. The State ……...Respondent. Judgment Nov. 20, 1975. Cases Referred to: Shaikh Abdul Gaffar Vs. Downing Jwala Prasad (A.I.R. 1926 Patna 465), Mosaher Dome Vs. Emperor (A.I.R. 194......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......sent: Syed A. B. Mahmud Hussain, C.J. Ahsanuddin Chowdhury, J. Kemaluddin Hossain, J. D.C. Bhattacharya, J. Sirajuddin alias Siraj…...Appellant. Vs. The State ……...Respondent. Judgment Nov. 20, 1975. Cases ..Category: Criminal Law | Date: | Hits: 74
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