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Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)

....esh and others................Respondents Judgment March 29th, 1993. Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Khondker Mahbubuddin Ahmed, Senior Adv......ers................Respondents Judgment March 29th, 1993. Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Khondker Mahbubuddin Ahmed, Senior Advocate, inst......ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......an J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nazimuddin Molla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents Judgment March 29th, 1993. Lawyer..

Category: Election Law | Date: | Hits: 106

Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)

....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ...... Referred to- Rezaul Haque Molla Vs. Afizullah Molla 42 DLR (AD) 74 & Bajrang Rai and others Vs. Ismail Mian 1978 AIR Pat (FB) 339, Bangladesh Vs. Abdul Wadud 25 DLR (SC) 90, Bangladesh Vs. Israil Ali and others 1981 BLD (AD) 371, Bangladesh Vs. Jaheruddin 1986 BLD (AD) 180(182), Mst. Nurjahan Be......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ...... This case is also reported in: 45 DLR (AD) (1993) 112 ..

Category: Limitation Law | Date: | Hits: 271

Sompong Vs. State, 1993, 22 CLC (AD)

.... Latifur Rahman J Sompong.............Accused-Appellant Vs. State …..............Respondent Judgment January 18th, 1993. Lawyers Involved: Md. Korban Ali, Advocate, instructed by Md. Aflab Hossain, Advocate-on-Record-For the Appel......ahman J Sompong.............Accused-Appellant Vs. State …..............Respondent Judgment January 18th, 1993. Lawyers Involved: Md. Korban Ali, Advocate, instructed by Md. Aflab Hossain, Advocate-on-Record-For the Appellant. ......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ...... Appellant. Shamsul Alam, Deputy Attorney‑General ,instructed by A W Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No. 6 of 1992 (From the Judgment and order dated 5.12.91 passed by the High Court Division, Dhaka in Criminal Appeal No. 445 of 1989..

Category: Criminal Law | Date: | Hits: 62

Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)

....209;General (B. Hossain, Deputy Attorney‑General, with him) instructed by Mvi. Wahidullah,Advocate-on-Record -For the Appellant. Golam Mohiuddin, Advocate, Supreme Court, instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent No. 1. Not Represented - Respondent No......l (B. Hossain, Deputy Attorney‑General, with him) instructed by Mvi. Wahidullah,Advocate-on-Record -For the Appellant. Golam Mohiuddin, Advocate, Supreme Court, instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent No. 1. Not Represented - Respondent Nos. 2‑...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J. Government of the People's Republic of Bangladesh ........................Appellant Vs. Abdul Motaleb Dewan and ors ……………………….Respondents ..

Category: Administrative Law | Date: | Hits: 114

Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)

....IR 1941 Cal 263; Haji Abdus Samad Vs. Haji Jobed Ali 28 DLR (HCD) 58; AIR 1936 Lahore 238 Golam Rasul Vs. Emperor; Kamalapati Trivedi Vs. The State of West Bengal AIR 1979 (SC) 777; & AIR 1934 Md. 175; AIR 1948 All 184 (FB) AIR 1921 Pat 302; AIR 1941 (Bom) 294 JD Boywalla Vs. Sorab Rustomji ................Respondents Judgment May 8th, 1991. Cases Referred to- ILR 33 Cal. 30; ILR 43 Cal. 1152=AIR 1917 Cal. 593; AIR 1941 Cal 263; Haji Abdus Samad Vs. Haji Jobed Ali 28 DLR (HCD) 58; AIR 1936 Lahore 238 Golam Rasul Vs. Emperor; Kamalapati Trivedi Vs. The State ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......; Vs. Abdul Kader and other............................Respondents Judgment May 8th, 1991. Cas..

Category: Criminal Law | Date: | Hits: 40

Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)

.... Government of Bangladesh represented by the Secretary and others.... Respondents Judgment December 10th, 1992. Lawyers Involved: Moinul Hoque, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For A Petitioners Aminul Huq, Attorney-General ......dvocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For A Petitioners Aminul Huq, Attorney-General (AW Bhuiyan, Additional Attorney-General, with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondents. Civil Review Petition No. 1 of 1992 (Fr......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......l J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents Judgment December 10th, 1992. Lawyers Involved: ..

Category: Administrative Law | Date: | Hits: 122

Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)

....lant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawyers Involved: Maudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant AF Hasan Arif, Deputy Attorney-Gene......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawy..

Category: Criminal Law | Date: | Hits: 88

Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)

.... another CP No. 10 of 1974 (digested in Bangladesh Supreme Court Digest, Vol. 1, page 236); 37 DLR 154. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Sajjadul Huq, Advocate- on-Record-For the Appellant S. C. Das, Advocate, instructed by ......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ...... Mustafa Kamal J Latifur Rahman J. Golam Mohammad..............................Appellant Vs. Sree Sailendra Nath Kanangoe being dead his heirs Sree Biman Behari Kanangoe and others...........Respondents Judgment January 20th, 1993. Cases Referred..

Category: Property Law | Date: | Hits: 85

Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)

....me Court, with him), instructed by Sharifuddin Chaklader, Advocate-on-Record -For the Appellants(In CA 40 of 1991). Khondker Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate -on -Record. -For the Respondent Nos. 1-4 (In CA 31 of 1991). Re......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh, represented by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engin..

Category: Property Law | Date: | Hits: 65

Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)

.... Abdul Khaleque and others Vs. State 12 DLR (SC) 165; 19 DLR (SC) 259 & Rameshwar Vs. State of Rajasthan 1952 SCR 377. Lawyers Involved: Abdus Sobhan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. M Shamsul Alam, DAG instructed by ......sthan 1952 SCR 377. Lawyers Involved: Abdus Sobhan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. M Shamsul Alam, DAG instructed by Md. Nawab Ali, Advocate-on -Record -For the Respondent Criminal Appeal No. 14 of 1992. (From t...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......66 ..

Category: Criminal Law | Date: | Hits: 66

Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)

....hers..............................Respondents Judgment March 31, 1993. Lawyers Involved: Abdul Matin Khasru, Advocate (appeared with leave of the Court), instructed by Md. Nawab Ali, Advocate-on-Record -For the Petitioner. Not Represented -Respondents. .............................Respondents Judgment March 31, 1993. Lawyers Involved: Abdul Matin Khasru, Advocate (appeared with leave of the Court), instructed by Md. Nawab Ali, Advocate-on-Record -For the Petitioner. Not Represented -Respondents. Civil Pet......ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law & Justice, Government of the People's Republic of Bangladesh and others..............................Respondents Judgment March 31, 1993. ..

Category: Constitutional Law | Date: | Hits: 150

Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)

.... Tajul Islam Chowdhury and another……………..Respondents Judgment February 23rd, 1993 Cases Referred to- Md. Shohrab Ali Dewan Vs. Chairman, Second Labour Court 1978 BSCR 477 and SN Quddus Vs. Chairman, ......slam Chowdhury and another……………..Respondents Judgment February 23rd, 1993 Cases Referred to- Md. Shohrab Ali Dewan Vs. Chairman, Second Labour Court 1978 BSCR 477 and SN Quddus Vs. Chairman, Labour Court,......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant V..

Category: Labour and Industrial Law | Date: | Hits: 100

Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)

....). MA Wahab Miah, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant (In Civil Appeal No. 58 of 92). Habibul Islam Bhuiyan, Senior Advocate, instructed by Mr. Md. Sajjadul Huq, Advocate-on-Record-For the Appellant (In Civil Appeal No. 59 of 92). Dr. Rafiqu......Kashem Molla and others .................. Respondents (In Civil Appeal No. 55 of 1992) Election Commission………………. Appellants [In Civil Appeal Nos. 53 to 57 of 1992] Vs. Akbar Ali and others .............. Respondents (In Civil Appeal No. 56 of 1992) Election Commission�......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Altaf Hussain…………Appellants (In Civil Appeal No. 35 of 1992] Vs. Abul Kashem and others…………Respondents (In Civil Appeal No. 35 of 1992) Adaruddin ......................

Category: Election Law | Date: | Hits: 117

Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)

....Ara Begum @ Mrs. Raushan Ershad ....................Petitioner [Criminal Petition No. 118 of 1992] Abdus Shukur Prodhan ..........................Petitioner [Criminal Petition No. 1 19 of 1992] Md. Shahinur Islam and another.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahma......Act II of 1947 and Act XL of 1958 are being administered together as complementary to each other for about five decades. 23. Our attention is drawn to Abdul Halim Pattader, and others Vs. M Rahmat Ali and others 33 DLR 379 where one of us, ATM Afzal J, held: "Abetment" is an offence by its......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......ushan Ershad ....................Petitioner [Criminal Petition No. 118 of 1992] Abdus Shukur Prodhan ..........................Petitioner [Criminal Petition No. 1 19 of 1992] Md. Shahinur Islam and another.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitio..

Category: Anti-Corruption Laws | Date: | Hits: 302

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

....lant vs. Mrs. Hameeda Banu..................Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All 517(519); Hine Vs. Hine [1962] 3 A...... TH Khan, Senior Advocate (Mr. AM Wahab Miah, Advocate with him) instructed by Mr. Aftab Hossain, Advocate-on-Record -For the Appellant. MH Khondker, Senior Advocate (Mr. AJ Mohammad Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record -For the Responde......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......n Vs. Jansen [1965] 3 All. ER 363 ; Pettitt Vs. Pettitt [1969] 2 All E.R. 385; KK Das Vs. Amina Khatun, AIR 1940 Cal. 365; Thakoor Chunder Poramanick Vs. Ramdhon Bhuttacharjee. 6 Suth WR 228 (1713) and Ramsden Vs. Dyson [18661 LR I HL, 129; Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135; Gooroo ..

Category: Property Law | Date: | Hits: 80

Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)

.... Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Islam Ali Mia alias Md. Islam .....................Appellant Vs. Amal Chandra Mondal and another...............e Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Islam Ali Mia alias Md. Islam .....................Appellant Vs. Amal Chandra Mondal and an......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......abuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Islam Ali Mia alias Md. Islam .....................Appellant Vs. Amal Chandra Mondal and another.......................... Respondents Judgme..

Category: Criminal Law | Date: | Hits: 43

Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)

....an and others, 20 DLR 18 (1968); SM Nurul Huq Vs. Province of East Pakistan and another, 25 DLR 476. Lawyers Involved: Shahabuddin Ahmad, Deputy Attorney‑General, instructed by Md. Nowab Ali, Advocate-on- record - For the Appellant. Shaheed Alam, Advocate, instructed ...... Judgment July 18th, 1991. Cases Referred to- Secretary, Muktagacha Abbasia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR 37, ‑15 DLR (SC) 139; Yusuf Ali Chowdhury Vs. Province of East Pakistan, 11 DLR (SC) 316; A. Roberio Vs. Labour Appellate Tribu......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ...... of East Pakistan, 11 DLR (SC) 316; A. Roberio Vs. Labour Appellate Tribunal, 27 DLR 98; 9 DLR 674; 13 DLR (SC) 139; 16 DLR (SC) 281; Hashem Ali Howlader & others Vs. Province of East Pakistan and others, 20 DLR 18 (1968); SM Nurul Huq Vs. Province of East Pakistan and another, 25 DLR 476. ..

Category: Property Law | Date: | Hits: 64

Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)

....Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31st, 1991. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Zakir Hossain, Advocate, instruct......31st, 1991. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Zakir Hossain, Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 1. Not Represented ‑Respondent No. 2. ...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shahabuddin ................................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31st, 1991. Lawye..

Category: Property Law | Date: | Hits: 49

AHM Siddique Vs. State, 1993, 22 CLC (AD)

....the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ...... Siddique ........................Appellant Vs. State ...............................Respondent Judgment August 31st, 1988. Cases Referred to- Mian Mahmud Ali Qasuri & others Vs. State 15 DLR (SC) 429; Faizur Rahman Sarkar Vs. State, Criminal Appeal ......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......so reported in: 45 DLR (AD) (1993) 8 ..

Category: Criminal Law | Date: | Hits: 44

Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)

....is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......ned Munsif under Order 22, rule 9 of the Code of Civil Procedure, being Misc. Case No. 158 of 1961 for setting aside the abatement caused on the death of the original opposite party No. 1 Eskendar Ali alias Raja Miah. The learned Munsif after hearing the parties ordered "that the misc. case......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ...... Muhammad Abdullah Jabir J Abdul Hamid Kazi…………………………….Appellant Vs. Abdul Jabbar Jamadar and others……………………….Respondents ..

Category: Property Law | Date: | Hits: 50

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