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Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....r for dismissal. 2. True prosecution case in short is as follows: On 1st Baishakh, 1375 B.S., corresponding to 14th April, 1968, while deceased Shamsul Huq and his elder brother P.W. 2 Md. Tajul Islam were proceeding at about 7 A.M. towards Kaliatoli Bazar for marketing, they were su......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......late Division (Criminal) A. M. Sayem CJ Syed A. B. Mahmud Husain J Abdullah Jabir J Abdul Matin Munshi...............Appellant. Vs. Idris Pandiat and ors .............Respondents. Idris Pandit and others ……….....Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
.... Criminal Appeal No. 2 of 1974). Subhas ChanÂdra Ghose…… Respondent (In Criminal Appeal No. 3 of 1974). Alam Shaikh & another……. Respondent (In Criminal Appeal No. 4 of 1974). Md. Tara Miah …………………..ResÂpondents. (In Criminal Appeal No. 5 of 1974). Khalil M......resent: AM Sayem CJ AB Mahmud Hussain J Muhammad Abdullah Jabir J Ahsanuddin J Solicitor, Government of Bangladesh…………...Appellant (In all the appeals) Vs. Syed Sanwar Ali……………... Respondents (In Criminal Appeal No. 1 of 1974). Dr. Abdul Malek…………......y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ...... 1974). Badsha Miah.....................Respondent (In Criminal Appeal No. 8 of 1974). Md. Bazlur Rahman Miah & another……....Respondents (In Criminal Appeal No. 9 of 1974). Gopal Chandra Roy & another ……………………Respondents (In Criminal Appeal No. 10 of 1974). ..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......ed Dao blows on Maleka and then ran away towards east. The remaining two witnesses are P. W. 3 Dr. Salahuddin who held the post-mortem examination on the dead body of Maleka and P.W. 6 Mir Murtaza Ali who investigated the case and submitted charge-sheet against the prisoner. The Doctor found the......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......sp; Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 388; The State Vs. Puma Chandra Mondal 22 DLR. Dac. 280. Lawyers involved: Abdur Rashed, Advocate— For ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....ah 18 C.W.N. 890, Kheyali Prosad vs. Mullick N. Islam 20 C.W.N. 1048; Radhakishan Toshniwal vs. Shidhar Ramchandra. A.I.R. 1960 S.C. 1368; Ram Saran Lai vs. Domini Kuer AIR. 1961 SC 1747 Begum vs. Md. Yakub ILR 16 All. 344; Sitaram Bhaurao vs. Jiaul Hasan Khan AIR 1923 P.C. 41; Jadu Lal Sahu vs......e plaintiff instituted Title Suit No. 124 of 1962 in the second court of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that one Jonah Ali Daroga owner for the suit plots in tenure right sold half of the property to the responden...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......;……………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors……………..Respondents Judgment Feb. 26.1981.&..Category: Property Law | Date: | Hits: 45
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
.....; Sanjibi Raddy vs. Konary Raddy, 1926 I.L.R. 49 Mad. 315; Ahmedbhai vs. Framji (1903) I.L.R. 28 Bom 228; Golapjan vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888. Lawyers Involved: Md. Nurul Huq, Advocate-on-Record—For the Appellant. B.K. Das, Advocate, instr......ent Judgment September 3, 1980. Cases Referred to- Kimber vs. The Press Association Limited 1 QB.(l&93) 1 Q.B. 65; Voni Madho Prosad Singh vs. M. WajidAli A.t.R. 1937 All 90; Bishum Porshad Norain Singh vs. Phulman Singh, 19 C. W. N. 935; C.R. Crowd......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......n vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888. Lawyers Involved: Md. Nurul Huq, Advocate-on-Record—For the Appellant. B.K. Das, Advocate, instructed by B.C. Panday, Advocate-on-Record,—For the Respondent. Judgment: ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
.... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants......d and structures. Thus, while the appellants were possessing the said land in Ejmali with Sakina Bai the latter sold the B' schedule land and structures for the sum of Tk. 25, 000/- to one Keramat Ali, predecessor in-interest of the respondents Nos. 1-6 by a sale deed dated October 30, 1972 and ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. ..Category: Property Law | Date: | Hits: 47
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......eme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. ......e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. ..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
.... This Case is also Reported in: 33 DLR (AD) 305. ......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......ppellate Division (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul..Category: Property Law | Date: | Hits: 48
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
.... Ed. ......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......ondker, Senior Advocate A.K.M. Shafiqur Rahman with him instructed by Md. Aftab Hossain, Advocate-an-Record,—For the Respondent. Civil Appeal No. 48 of 1979. (From the judgment and order dated 25-5-78 passed by the High Court Division in Civil Revision No. 152 of 1980.) ..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ...... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Amanullah Bhuiyan and others…………….Appellants Vs. Abdul Hafiz and or..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick BroÂthers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review appliÂcation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ....... H. Khan, Senior Advocate, with Muzammel Huq Bunyan, Rabia Bhuiyan, Advocates, instructed by B. Hossain Advocate-on-Record—For the Petitioner. Asrarul Hossain Senior, Senior Advocate with C.R. Ali, Advocate, instructed, by Abu Bakkar, Advocate-on-Record—For the Respondent. Civil Review ......rom want of legal authority. In the result, therefore, this review appliÂcation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......¦â€¦..Petitioner Vs. M/s. Mullick BroÂthers…………………………………………..Respondent Judgment February 2, 1981. Result: The review appliÂcation is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Senior Advocate, with Muzammel Huq..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....late Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Abdul Jalil …………………………&hel......lip;…………………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others…………………&helli......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......…………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others………………………..Respondent ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....S.C. 280; Bisnunrayan vs. State of Uttar Pradesh AIR 1965 S.C. 1967. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam, Jamiruddin Ahmed, K.Z. Alam with him, instructed by Md. Sajjadul Hug, Advocate-on-Record.—For the Appellant K.A.Bakr, Attorney-General and A.K. Bh......R, 1968, 694; Bombay vs. Saubhagachand M. Doshi AIR 1957 S.C. 892; Krepa Ram Gupta vs. R.K, Talwar AIR 1970 All. 296; A.M. Khan Leghery vs. Govt. of Pakistan, PLD 1967 Lah, 227 ; Pakistan vs. Liaquat Ali Khan (1959) 11 D.L.R (SC) 73; Zaibtun Textile vs. Central Board of Revenue PLD 1971 Kar. 333; Re......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......uhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represenÂted by the Secretary, Ministry of Health and Population Control and others…………………………………………Respondent Judg..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....llant (In C.A. No. 169 of 1979). S.R, Pal, Senior A. S. C. (Mohammadullah, A.S.C.) with A. Rab II, Advocate-on-Record-For the Respondents No. 1 & 2. Mozammel Huq Khan, Advocate, instruÂcted by Md. Aftab Hossain, Advocate-on-Record-For the Respondent 3. M. Nurullah, Advocate, instructed by ......hury................................. Appellants (In C.A. No. 169 of 1979) vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & ors...........Respondent And A.K.M. Ayub Ali..............................................................Appellant (In C.A. 65 of 1980). ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......stribution Co. Ltd. & ors...........Respondent And A.K.M. Ayub Ali..............................................................Appellant (In C.A. 65 of 1980). vs. Eastern Refinery Ltd. and others.....................................................Respondent Judgment June 12, 19..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....& ors .............................................Respondent Judgment May 31, 1979. Lawyers involved: Hamidul Huq Chowdhury, with Asrarul Hussain, Senior Advocates, Md. Khalilur Rahman, Advocate, instructed by M. R. Khan, Advocate-on-Record.—For the Appellan...... any lawful authority. Ed. ...... any lawful authority. Ed. ......Pal, Senior Advocate, with S. C. Das, Advocate, Instructed by A. Rab-II, Advocate-on- Record.—For the Respondent Nos. 3 & 4. Civil Appeal No 36 of 1979 (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) ..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......eported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ull Bench of the Bombay High Court in V.M. Assam MohamÂmad vs. ME Rahim Sahib (1920) 43 Mad. 579 corresponding to 55 TC 977 (FB). Seshagiri Aiyyar, J. dissenting and agreeing with the reasonings in Md. Fazil Ali vs. Karim Khan. Allahabad High Court also followed the majority view in Suraj Prosad v......f the proviso. Case Referred to- Gedi Mal Dharam Das vs. Huna Mal Shedu Ram, AIR 1931 Lah. 332, V. M. Assan MohamÂmad Sahib vs. M.E. Rahim Sahib, ILR 43 Madras 597, 55 TC 977 (FB) Mohd. Fazil Ali vs. Karim Khan (1894) 108 PR 1894, Rughu Nath Das vs. Pana Lal, 1910 54 PR 1910, Mukandi Lal vs.......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ...... The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte decree and the Court passes necessary orders on the application directing the applicant either to deposit t..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......esent: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Nurunnessa and ors……………………………………………………………..Appellants Vs. Babr Ali Bepari and others......................................... Respondents Judgment August 27......edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......w, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... Shahabuddin Ahmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March......n Ahmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March 18, 1980.......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......hmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March 18, 1980. ..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......ed in: ......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......n: ..Category: Procedural Law | Date: | Hits: 111
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