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Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
.... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others………...Respondents Judgment November...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others………...Respondents Judgment November 21 st, 199......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others……&..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
.... Vs. The State .................Respondent Judgment April 29th, 1992. Lawyers Involved: Ahmed Ali Advocate (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For th...... Latifur Rahman J Abul Khair...............Petitioner. Vs. The State .................Respondent Judgment April 29th, 1992. Lawyers Involved: Ahmed Ali Advocate (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on -Record- Fo......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ....... Nawab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the High Court Division in Death Reference No. 1 of 1985 with Cri..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....Court with him) instructed by M Nowab Ali, Advocate-on-Record-For the Appellant. Maksumul Hakim, Senior Advocate, Supreme Court (Abdul Hamid, Advocate Supreme, Court with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. B. Hossain, Deputy Att...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Hamid Mollah................... Complainant-Appellant Vs. Ali Mollah and another…………………... Accused-Responden......order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......in Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Hamid Mollah................... Complainant-Appellant Vs. Ali Mollah and another…………………... Accused-Respondents Ju..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....ondent Nos. 1-3. SS Haider, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate‑on‑Record‑ For Respondent No. 4. Moazzem Hossain, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent Nos. 5-6. Contempt Petition No. ...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ......n-Record - For the Petitioner. Abdul Hug, Advocate, instructed by Mohammad Ayub, Advocate-on-Record - For the Respondent Nos. 1-3. SS Haider, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate‑on‑Record‑ For Respondent No. 4. Moazzem Hossain, ..Category: Property Law | Date: | Hits: 98
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ......n J ATM Afzal J Mustafa Kamal J Latifur Rahman J Muhammad Muslim Ali………………………Petitioner &...... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ......; Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others……………Respondents Judgment May 2..Category: Administrative Law | Date: | Hits: 123
....Respondents
Judgment
March 5, 1992.
Lawyers Involved:
Syed Ishtiaq Ahmed, Senior Advocate (M Nurullah, Senior Advocate and Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant.
AW Bhuiyan, Additional Attorn......s do not give the appellant a ‑bona fide right to possess the disputed land.
42. Mr. Ahmed in aid of his submission as to a bona fide right to Possess referred to the decisions in Syed Hatem Ali and others, 12 DLR 804 and Sufia Khatun, 20 DLR (SC) 18. In those cases, the Petitioners were so......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......l)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment DirectoÂrate, Ministry of Defence, Dhaka Cantonment and others……………â€..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....nd up to the challenge thrown up by the defendant on other grounds. So, the impugned judgment under review need not be disturbed. The appeal is dismissed……….(12,17,18) Lawyers Involved: Md. Nurul Huq, Advocate ‑ For the Appellant. Dr. Kamal Hossain, Senior Advocate, instructed by ......ppellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafiqul Islam (Md)………………………..Appellant Vs. Mir Abdul Ali................Respondent Judgment December 12, 1991. Result: The appeal is dismisse...... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ...... was wrong. However, the Courts below discarded the plaintiff’s sale-deed on other ground. Section 47 of the Registration Act is attracted only when the two competing documents are otherwise at par and stand on the same footing. The plaintiff’s document will fail simply because it could not stan..Category: Property Law | Date: | Hits: 73
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
.... Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. State 13 DLR 414 and Sadik Vs. State (1971) PLD (SC) 713. Lawyers Involved: Serajul Huq, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. M Shamsul .....................Appellant Vs. The State .........................Respondent Judgment October 24th, 1991. Cases Referred To: Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. State 13 DLR 414 and Sadik Vs. State (1971) PLD (SC) 713. Lawyers Involved: S......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ...... Vs. The State .........................Respondent Judgment October 24th, 1991. Cases Referred To: Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. State 13 DLR 414 and Sadik Vs. State (1971) PLD (SC) 713. Lawyers Involved: Serajul Huq, Senior Advoc..Category: Criminal Law | Date: | Hits: 69
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ...... appellate Court whereby the judgment and decree of the trial Court was reversed arising out of a suit for simple partition. 2. The case, of the plaintiffs, inter alia, was that Jinnat Ali, predecessor of the plaintiff respondent Nos. 1 and 2 and others was 16 annas owner of suit pr......, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Joynal Abedin and others…………….. Defendant‑Appellants Vs. ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ...... Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Musa Ali ..................Appellant ......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......ahman J Musa Ali ..................Appellant Vs. Nur Ahmed and others...................Respondents Judgment November 25, 1990 Lawyers I..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....dra Basu................Appellant Vs. The State .............Respondent. Judgment February 17th, 1992. Lawyers Involved: Md. Monsur Ali, Advocate, (appeared with the leave of the Court) instructed by M Nowab Ali, Advoca..................Appellant Vs. The State .............Respondent. Judgment February 17th, 1992. Lawyers Involved: Md. Monsur Ali, Advocate, (appeared with the leave of the Court) instructed by M Nowab Ali, Advocate‑on&......ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ......minal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Madar Chandra Basu................Appellant Vs. The State .............Respondent...Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....llah Vs. Ananga Mohan AIR (29) 1942 Calcutta 571. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate Supreme Court with him) instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑For the Appellant. Md. Ozair ......#8209;sharers on demand, instituted the suit for partition and separate allotment in respect of his 1/3rd share of the land in Schedule viz 4.30 acres of land. 4. Defendant No. 6 Akbar Ali Mandal died during the pendency of the suit and his heirs were brought on record as defendants......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Jogendra Nath alias Govinda Sarker ..........Plaintiff‑Appellant. Vs. Amulya Chandra Sarker and others ..........Defendant‑Respondents. Judgment A..Category: Property Law | Date: | Hits: 77
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......d‑For the Appellant (In Civil Appeal No. 35 of 1987). Abdul Wadud Bhuiyan, Additional Attorney-ÂGeneral (Sharifuddin Chaklader, Assistant Attorney‑General, with him), instructed by Md. Nawab Ali Advocate‑on‑Record‑For the Respondents (In Civil Appeal No. 35 of 1987). TH Khan, Seni...... 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. ...... 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) Nazmul Hasan and others .......Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
....p; Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992 Lawyers Involved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nowab Ali, Advocate‑on‑Record ‑For the Petitioner. AW Bhuiyan, Additi......bsp; Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992 Lawyers Involved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nowab Ali, Advocate‑on‑Record ‑For the Petitioner. AW Bhuiyan, Additional Attor...... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... Dr. Ahmed Hussain ..................Petitioner. Vs. Bangladesh and others…...........Respondents Judgment March 2, 1992 Lawyers Invol..Category: Constitutional Law | Date: | Hits: 191
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...... Abdur Rahman and others .............Defendant‑Respondent Judgment December 12, 1991. Lawyers Involved: MH Khondakar, Senior Advocate, Supreme Court (AJ Mohammad Ali, Advocate and MA Matin Advocate Supreme Court with him) instructed by Sharifuddin Chaklader, Ad......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. ...... 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 December 12, 1991. ..Category: Property Law | Date: | Hits: 62
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......33 of 1933 in the benami of Krishna Lal Kundu, father of plaintiff No. 2 The plaintiffs' case is that after the auction purchase plaintiff No. 1 leased out some portion of the suit holding to Afser Ali Akon and others on 2nd May, 1939 on receipt of kabuliyat from them. He got an ex parte decree i......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. ...... 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. Mt. Ladoo, 13 Moo..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
..................Plaintiff‑Respondents Judgment January 15, 1992. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam with him) instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑‑ For the Appellant. Nurul Hu...... defendant Nos. 4-6 (respondents 3‑5) the Mitras, who transferred the suit property to the plaintiff by a registered deed of exchange on 13.11.63 through their constituted Attorney Syed Amir Ali. The plaintiff has been in possession of the same on payment of all rents and taxes. The suit p......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......t Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sahera Khatun and another............................Defendant‑Appellant. Vs. Anwara Khatun an..Category: Property Law | Date: | Hits: 58
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 ......l) 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 Judgment June 5, 1......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......R (AD) (1992) 83. ..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......Pabna are restored. Ed. This Case is also Reported in: ......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: ......(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. Result: The..Category: Property Law | Date: | Hits: 93
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......3. Prosecution case, briefly, is that a 16.8.82 corresponding to 30th Sraban 1389 BS at about 1.30 AM the appellants along with others trespassed into the dwelling house of the informant Md. Afsar Ali Gharami (PW 1) with intent to kill him and also for committing theft. The informant at that tim......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. ...... Ed. ..Category: Criminal Law | Date: | Hits: 60
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