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Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)

.... the fruits of the decree ob­tained by him. For the reasons stated above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......s also Reported in : 40 DLR (AD) (1988) 251 ......) 251 ...... the fruits of the decree ob­tained by him. For the reasons stated above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..

Category: Tenancy Law | Date: | Hits: 114

Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)

.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Nurul Islam alias Bablu..................Appellant Vs The State……………………………………Respondent Judgment March 15, 1988. Crimina..

Category: Criminal Law | Date: | Hits: 56

Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)

....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Taleb Ali & ors..................Appellants Vs. The State………………………...Respondents Judgment April 20, 1988. Crimina......rt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Taleb Ali & ors..................Appellants Vs. The State………………………...Respondents Judgment April 20, 1988. Criminal Appeal No..

Category: Criminal Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

....ument is produced or giv­en in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ument is produced or giv­en in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......: 40 DLR (AD) (1988) 226 ...... 195(c). No cognizance thereof can be taken except on a complaint by the court…………………(15) Cases Referred to- Emperor v. Raja Kushal Pal Singh, AIR 1931, AIL 443, Patel Laljibhai v. State of Gujrat, AIR 1971 SC 1935, Ragunath v. State of U.P. AIR 1973, SC 1100; Mohanlal v.State of ..

Category: Criminal Law | Date: | Hits: 63

Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)

....In view of the discussion above, the appeal is found to be without substance and accordingly dis­missed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......In view of the discussion above, the appeal is found to be without substance and accordingly dis­missed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......ate 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 Azizur Rahman..........................Appellant Vs. Bhayetullah & anothers.... ..............Respondents Judgment November 11, 1986. C.......nt November 11, 1986. C.A. 129 of 1983 The Bengal Tenancy Act, 1885 (VIII of 1885), section 26F The Bangladesh Land Holding Limitation Order, 1972 (P.O. No. 98 of 1972), Article 3 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 90 and 96. Practice and proced..

Category: Procedural Law | Date: | Hits: 92

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in con­nection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in con­nection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......n (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir......nal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir..............

Category: Criminal Law | Date: | Hits: 61

M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......te Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J M. A. Hai Md. Wazed Ali Miah & Md. Moslem.................Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) ......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..

Category: Employment/Service Law | Date: | Hits: 112

Bandez Ali Vs. The State, 1988, 17 CLC (AD)

....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dis­missed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dis­missed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......200 ......me Court Appellate Division (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Bandez Ali alias Md. Bandez Ali............Appellant Vs. The State………………………………….Respondent Judgment April 9, 1985. The Penal C..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......late Division (Civil) Present: F. K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 2......fzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 25, 1986. The State Acquisition and Tenancy Act, 1950 [XXVIII of 1951], Sections 19(1), 22 & 50 WORDS, PHRAS..

Category: Property Law | Date: | Hits: 47

Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)

....ithout any order as to cost. The judgment and de­cree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......ithout any order as to cost. The judgment and de­cree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......resent: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M Afzal J. Nur Ahmed Majumder, be­ing dead his heirs: Hafiza Khatun & others..................Appellants Vs. Nur Ahmed Majumder & others..................Respondents Judgment July 1, 1987. Res......ey sold their taluki interest by kabla Ext. B(1) to Pitambar, that the vendors of defendant No. 1 had accordingly inherited taluki right from Pi­tambar which was acquired by the Government under the State Acquisition and Tenancy Act since 1956 and consequently defendant No. 1 cannot claim rioyti ri..

Category: Property Law | Date: | Hits: 43

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ...... M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Devel­opment and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal & others..............................Respondents Judgment August 31, 198...... power. The High Court Division has correctly declared the impugned order as illegal.………………..(28, 29 & 37) Cases Referred to- N.P.T. Co. Ltd. V. N.S.T. Co. Ltd, A.I.R. (SC) 232, State of Maharashtra V. B. K. Takkamorc A.I.R. 1976 (SC) 1353, State of Assam V. Gauhati Municipalit..

Category: Election Law | Date: | Hits: 118

Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)

....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......eme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Sree Jugal Kishori Sarker .....................Appeal Vs. Azizur Rahman & others............................Respondents Judgment November 2,......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ..

Category: Property Law | Date: | Hits: 45

Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)

.... released forthwith if not wanted in any other connection. The appeal of ap­pellant No.1 Amar Kumar Thakur is, however, dis­missed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of ap­pellant No.1 Amar Kumar Thakur is, however, dis­missed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of ap­pellant No.1 Amar Kumar Thakur is, however, dis­missed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......ellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Amar Kumar Thakur & ors................Appellant vs. The State............................................Respondents Judgment June 24, 1987. The Pe..

Category: Criminal Law | Date: | Hits: 80

Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)

....s do not call for any modification by way of allowing the plain­tiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plain­tiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......n (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Moniruddin Sarker being dead his heirs: Fazlul Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgm......nd others 54 C.W.N. 143 (P.C), but no view was ex­pressed as to the point of time of ascertaining rea­sonableness of a custom. In the case of Saladurjaman no such question was raised. 11. In the State of Bihar v. Subodh Gopal AIR 1968 SC 281 when relying on Farwell, J's observa­tion at page 55..

Category: Civil Law | Date: | Hits: 113

Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)

....onment for life. In the result, therefore, the appeal is dis­missed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......onment for life. In the result, therefore, the appeal is dis­missed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......rt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Dipok Kumar Sarker ..........................Appellant Vs. The State.............................................Respondent Judgment November 8, ......late Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Dipok Kumar Sarker ..........................Appellant Vs. The State.............................................Respondent Judgment November 8, 1987. Th..

Category: Criminal Law | Date: | Hits: 61

Government of Bangla­desh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....Chowdhury 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: 40 DLR (AD) (1988) 116. ......Chowdhury 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: 40 DLR (AD) (1988) 116. ......reme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Government of Bangla­desh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Resu......t in Ban­gladesh or whose whereabouts are not known or who has ceased to occupy, supervise or manage in person his property, including- (i) any property owned by any person who is a citizen of a State which at any time after the 25th day of March, 1971 was at war with or en­gaged in military o..

Category: Immigration and Citizenship Law | Date: | Hits: 214

Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)

....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......l) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Abdul Kader Khan being dead his heirs All Akbor Khan & Ors.....................Appellants Vs. Basek Khan being dead his heirs Shazu Bia & Ors..... ............................Respondents ......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ..

Category: Property Law | Date: | Hits: 36

The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)

....k that this finding is perverse or against any evi­dence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any evi­dence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ...... (AD) (1988) 106 ....... This Case is also Reported in: 40 DLR (AD) (1988) 106 ..

Category: Criminal Law | Date: | Hits: 45

The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)

....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......) (1988) 99 ......d. This Case is also Reported in: 40 DLR (AD) (1988) 99 ..

Category: Criminal Law | Date: | Hits: 60

Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)

....referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......iminal) Present: F. K. M. A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Abul Kashem and another.........................Petitioner Vs. The State ..............................................Respondent Judgment April 10, 1......Present: F. K. M. A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Abul Kashem and another.........................Petitioner Vs. The State ..............................................Respondent Judgment April 10, 1986. The..

Category: Criminal Law | Date: | Hits: 52