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Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)

....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Syed Md. Mohsen Ali J Md. Shahabul Huda...................................Appellant Vs...... Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Syed Md. Mohsen Ali J Md. Shahabul Huda...................................Appellant Vs. Md. Shafi………...........................Respondent ..

Category: Criminal Law | Date: | Hits: 75

Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)

.... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......so Reported in: 36 DLR (AD) (1984) 42. ...... (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Tofazzal Hossain Shaikh................................ Appellant Vs. Mir Md. Akand & ors……….........................Respondents Judgment Octobe..

Category: Anti-Corruption Laws | Date: | Hits: 112

Abdul Karim Meah Vs. Arch Bishop, Chris­tian Missionaries and another, 1984, 13 CLC (AD)

....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 38. ......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 38. ...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J   Chowdhury A.T.M. Masud J  Syed Md. Mohsen Ali J Abdul Karim Meah..................................Appellant Vs. Arch......howdhury J Shahabuddin Ahmed J   Chowdhury A.T.M. Masud J  Syed Md. Mohsen Ali J Abdul Karim Meah..................................Appellant Vs. Arch Bishop, Chris­tian Missionaries and another.......................Respondents..

Category: Civil Law | Date: | Hits: 87

Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)

....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception.   The petition for leave to appeal is accor­dingly dismissed." ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception.   The petition for leave to appeal is accor­dingly dismissed." ...... ...... FKMA Munim CJ B H Chowdhury J S. Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Saleh Ahmed Joarder................................. Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment ..

Category: Employment/Service Law | Date: | Hits: 105

Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)

....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed.  Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 14. ......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed.  Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... (Criminal)   Present:   FKMA Munir CJ   Badrul Haider Chowdhury J   Shahabuddin Ahmed J   Chowdhury ATM Masud J   Syed Md. Mohsen Ali J   Nasiruddin Mahmud & others........................ Appellants  Vs.&......howdhury J   Shahabuddin Ahmed J   Chowdhury ATM Masud J   Syed Md. Mohsen Ali J   Nasiruddin Mahmud & others........................ Appellants  Vs.  Momtazuddin Ahmed & another...................... Respondents  Judgment&nbs..

Category: Criminal Law | Date: | Hits: 146

Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)

....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 5. ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 5. ...... FKMA Munim CJ Badrul Haider Chowdhury J  Shahabuddin Ahmed J    Chowdhury ATM Masud J  Syed Md. Mohsen Ali J Abdul Hakim............................................………...... Chowdhury ATM Masud J  Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant Vs. Goleda Begum and others………..............................Res..

Category: Others | Date: | Hits: 97

Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)

....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ...... Appellant Division (Civil) Present: FKMA Munim CJ Badrul Haider Chow­dhury J  Shahabuddin Ahmed J    Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad......J Badrul Haider Chow­dhury J  Shahabuddin Ahmed J    Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad Daily Paper and others................….Respondents Judgment ..

Category: Civil Law | Date: | Hits: 107

Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)

.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... Supreme Court  Appellate Division  (Civil)  Present:  Badrul Haider Chowdhury J   Shahabuddin Ahmed J  Chowdhury ATM Masud J   Syed Md. Mohsen Ali J   Ashwini Kumar Karmaker being dead his heirs: Sree Radha Raman Karmaker & othersâ......J  Chowdhury ATM Masud J   Syed Md. Mohsen Ali J   Ashwini Kumar Karmaker being dead his heirs: Sree Radha Raman Karmaker & others………………………Appellants Vs. Hari Mohan Shil & others………………………Respondents (In Civil Appeal No.103 of..

Category: Property Law | Date: | Hits: 122

Abdul Quddus Vs. The State, 1991, 20 CLC (AD)

.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......ddus ...............................Appellant Vs. The State.........................................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawyers Involved : Korb......e Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Quddus ...............................Appellant Vs. The State.........................................Respondent Judgment June ..

Category: Criminal Law | Date: | Hits: 58

AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)

....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......ers..........................Plaintiff-Appellants Vs. Aftabuddin Ahmed .........................................Defendant-Respondent Judgment May 21, 1991. Cases Referred to- Ramjan Ali Mistry 31 DLR (AD) 183; Abu Layes 29 DLR (SC) 13 & Basiruddin Ahmed 36 DLR (AD) 191. Lawy...... cost. Ed...

Category: Tenancy Law | Date: | Hits: 101

Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)

....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......esent: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chand (Md) Miah Sawdagar, being dead his heirs: Firoza Begum and others .........Appellants Vs. SMA Rahman .................................................Respondent Judgment ..

Category: Property Law | Date: | Hits: 26

Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)

....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......dgment November 21, 1990. Lawyers Involved: Jamiruddin Sircar, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellant. Abdul Hamid, Advocate, instructed by M Nowab Ali, Advocate-on-Record-For Respondent No. 1. Ex-parte-Respondent Nos. 2-6 Striking down vide ......Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafizuddin Ahmed...............Appellant. Vs. Mongla Barman and others .............................. Respondents Judgment November 2..

Category: Property Law | Date: | Hits: 31

Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)

....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Razzaq (Md) @ Md. Raja Miah..................... Appellant Vs. Ansar Ali and another............................................... Respondents Judgment A...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Razzaq (Md) @ Md. Raja Miah..................... Appellant Vs. Ansar Ali and another............................................... Respondents ..

Category: Property Law | Date: | Hits: 30

Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)

....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ...... AY Salahuzzaman, Advocate, instructed by Faruque Ahmed, Advocate-on-Record-For the Appellant. Dr. Rafiqur Rahman, Senior Advocate, (Matiur Rahman, Advocate with him), instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 92 of 1990, (From the j......l J Mustafa Kamal J Latifur Rahman J Chairman, Bangladesh Council of Scientific & Industrial Research (BCSIR) Dhanmondi, Dhaka & other.................Appellants Vs. Abdul Khaleque, S/o late Md. Akram Hossain Talukdar, 26/6, Block-A, Khilgaon, PS Motijhe..

Category: Employment/Service Law | Date: | Hits: 125

State Vs. Shafique and others, 1991, 20 CLC (AD)

....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......bsp;              Latifur Rahman J.- In this appeal the State has challenged the order of acquittal of Respondents Shafique, Sultan, Abid Ali, Rafiqul Islam @ Rafique son of Mokbul Mia passed by the High Court Division, Comilla Bench in ...... Appellate Division (Criminal) Present: MHR Rahman J Mustafa Kamal J Latifur Rahman J State………………..Appellant Vs. Shafique and others…........... Respondents Khokan and another........Acc..

Category: Criminal Law | Date: | Hits: 49

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ....... Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 52 of 1986. (From the j...... (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgme..

Category: Property Law | Date: | Hits: 25

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Alhaj Md. Serajuddowlah……........Accused-Appeallant Vs. The State………………......................Responden..

Category: Criminal Law | Date: | Hits: 57

State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)

.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......body was subsequently recovered. PW 8 Baten, a student of Class VIII, saw Khasru and Khairul Alam on that day going towards the Noapara bus stand. PW 4, Munsur, PW 5 Karim, PW 6 Jalil and PW 7 Jinnat Ali saw Khasru, Nowab (Respondent No. 2), deceased Khairul Alam and PW 9 Mintu boarding the Faridpur......riminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State………....................Appellant Vs. Khasru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment N..

Category: Criminal Law | Date: | Hits: 38

Modern Shipping Agencies Vs. Central Inland Water Trans­port Corpn. Ltd. & anr, 1991, 20 CLC (AD)

....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......oration Limited and another......... Defendant-Respondents Judgment March 24 1991. Cases Referred to- Mian Kamal Din Vs. Malik Muhammad Bashir PLD 1952 Lahore 456; Ahsan Ali & others Vs. District Judge and Settlement Commissioner, Sukkur and others 21 DLR (SC) 139 ......il) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Modern Shipping Agencies………..........Plaintiff-Appellant Vs. Central Inland Water Trans­port Corporation Limited and another......... Defendant-R..

Category: Procedural Law | Date: | Hits: 104

Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)

.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......ructed by Abu Backkar, Advocate-on-Record-For the Appellant. Abdul Malek, Senior Advocate instructed by Shamsul Hoque Siddique, Advocate-on-Record-For the Respondent No. 1. Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 2 (State). Criminal Appeal No. 12 of 1991. ......e Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Samirun Nessa ......................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991...

Category: Criminal Law | Date: | Hits: 54