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Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)

....(Sk. Afzalur Rahman, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Ap­pellant. Ziaur Rahman Khan, Advocate (appeared with leave of the court) instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Respondent No. 2 — Ex-parte. ......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..

Category: Employment/Service Law | Date: | Hits: 89

Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din Vs. State, 1987, 16 CLC (AD)

....D) 157. ......­lowed. The impugned orders of conviction and sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......­lowed. The impugned orders of conviction and sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......­lowed. The impugned orders of conviction and sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..

Category: Criminal Law | Date: | Hits: 59

Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)

....ed as the assailant. Acquittal of the co-accused by the trial court on the plea of alibi will not destroy the dying declaration………….(8)   Lawyers Involved: Abdul Hamid, instructed by Md. Aftab Hossain, Advocate-on-Record—for the Appellant. B. Hossain, Advocate-on-Record—For t......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......Nowab Ali died on 13th September, 1979 in Mo­hammad Ali Hospital at Bogra as a result of the in­juries inflicted upon him. 3. The prosecution examined ten witnesses in­cluding P.W.9 Abdul Hamid Miah, Magistrate First Class who recorded the dying declaration of deceased Nowab Ali on 3rd Septemb..

Category: Criminal Law | Date: | Hits: 61

Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)

....e in respect of the alleged deed of sale………………………(13 & 14) Lawyers Involved: Mohammad Yeasin, Advocate, instructed by-Abu Backkar, Advocate-on-Record.—For the Appel­lant. Md. Nurul Huq, Advocate-on-Record.—For Re­spondent Nos. 1, 2 and 3. B. Hossain, Advocate-on-Re......vidence in respect of the alleged sale of .02-1/2 deci­mals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......vidence in respect of the alleged sale of .02-1/2 deci­mals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......79 set­ting aside the concurrent decision of the courts below and dismissing the suit being Title Suit No. 272 of 1975 of the Second Court of Munsif, Chandpur. 12. The original plaintiff No. 1 Kabil Miah Mesteri (since deceased), who was the father of Re­spondent No. 1 and 3 (defendants 1 and 2), ..

Category: Property Law | Date: | Hits: 33

S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)

....ay continue on ad-interim bail granted by this division till disposal of criminal appeal pending before the High Court Division. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. M.R. Khan, Advocate-on-Record—For th...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..

Category: Criminal Law | Date: | Hits: 53

Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)

....lant will contin­ue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......lant will contin­ue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......lant will contin­ue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......lant will contin­ue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ..

Category: Criminal Law | Date: | Hits: 53

Abdul Jalil Vs. Bangladesh House Buil­ding Finance Corporation & another, 1989, 18 CLC (AD)

....e appellant. Shahid Alam, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record—For the respondent No. 1. T.H. Khan, Senior Advocate, M.A. Wahab Miah, Advocate with him, instructed by Md. Altab Hossain, Advocate-on-Record—For the respondent No. 2. Civil Appeal No. 6 of 1988 ......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109...... Chaklader, Advocate-on-Record—For the appellant. Shahid Alam, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record—For the respondent No. 1. T.H. Khan, Senior Advocate, M.A. Wahab Miah, Advocate with him, instructed by Md. Altab Hossain, Advocate-on-Record—For the respondent No..

Category: Property Law | Date: | Hits: 30

Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)

....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......so Reported in: 41 DLR (AD) (1989) 104..

Category: Civil Law | Date: | Hits: 106

Hazi Waziullah Vs. Additional Deputy Com­missioner, Revenue, Noakhali, 1989, 18 CLC (AD)

....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......R (AD) (1989) 97, 1989 BLD (AD) 135. ..

Category: Procedural Law | Date: | Hits: 146

Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)

....asya v. Sishuram Deka, AIR 1924 Cal. 792 and Ram Ray Singh v. Rajendra Singh, AIR 1943 All. 247. Lawyers Involved: T.H. Khan, Senior Advocate, (MA. Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. M.A. Jalil, Advocate-on-Record— For...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......udini v. Rashik, 11 CWN 517; Kameswari Dasya v. Sishuram Deka, AIR 1924 Cal. 792 and Ram Ray Singh v. Rajendra Singh, AIR 1943 All. 247. Lawyers Involved: T.H. Khan, Senior Advocate, (MA. Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. ..

Category: Others | Date: | Hits: 106

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

.... Vs. Shahid Mia & Others..............Respondents (In Civil Appeal No. 29 of 1988) Halimuddin…………………………………….Appellant (In Civil Appeal No. 2 of 1989) Vs. Md. Shamsuddin & others..................Respondents (In Civil Appeal No. 2 of 1989) Md. Sham......989). Syed Ishtiaq Ahmed, Senior Advocate, (Jamirud­din Sircar, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record, For the Ap­pellant (In Civil Appeal No. 8 of 1989). Amirul Islam, Advocate instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record—For the Respondent......rting with these cases, we would like to put on record our appreciation for the valuable as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......y defect, the Court observed. "If an election authority or tribunal acts in this fashion whether under the National and Pro­vincial Assemblies Act or the Electoral College Act the decision in Miah Jamal Shah's case would not be an authority for the view that their decisions are sacrosanc..

Category: Election Law | Date: | Hits: 165

Gopal Chandra Shah Vs. The Deputy Commission­er, Sunamganj & another, 1989, 18 CLC (AD)

....……….(14) Lawyers Involved: S.R. Paul, Senior Advocate, instructed by Kazi Ebadul Huq Advocate-on-Record— For the Ap­pellant. B. Hossain, Assistant Attorney-General, instruct­ed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondents. Civil Appeal No. 59 of 1986 Judg...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..

Category: Others | Date: | Hits: 125

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....te (Fida M. Kamal, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the Appellant. T. H. Khan, Senior Advocate (M.A. Wahab Miah, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 9 M. Nurullah, Attorney General (H......the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ......the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ......dker Mahbubuddin Ahmed, Senior Advo­cate (Fida M. Kamal, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the Appellant. T. H. Khan, Senior Advocate (M.A. Wahab Miah, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No..

Category: Election Law | Date: | Hits: 212

Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)

....……(10&11) Cases Referred to- Amar Chandra Saha vs. Ajit Kumar Das, 33 DLR (AD) 37. Lawyers Involved: T. H. Khan, Senior Advocate, Lutfur Rahman Mondal, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant Khandker Mahbubuddin Ahmed, Senior Advo......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27..

Category: Others | Date: | Hits: 96

Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)

....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......is also Reported in: 41 DLR (AD) (1989) 1 ..

Category: Criminal Law | Date: | Hits: 53

Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Ope­rative Union Ltd., 1985, 14 CLC (AD)

....late Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chow­dhury J  Shahabuddin Ahmed J  Chowdhury ATM Masud J Syed Md. Mohsen Ali J Maqbul Hossain & ors........................................................t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ..

Category: Labour and Industrial Law | Date: | Hits: 98

Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)

....ellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J  Shahabuddin Ahmed J   Chowdhury ATM Masud J Syed Md. Mohsen Ali J Govt. of Bangladesh represented by the Director of Move­ment & Sto......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..

Category: Civil Law | Date: | Hits: 111

Ram Chandra Das & others Vs. Md. Khalilur Rah­man & another, 1984, 13 CLC (AD)

....Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ..

Category: Civil Law | Date: | Hits: 109

M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)

....ted in: 37 DLR (AD) (1985) 1. ...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..

Category: Civil Law | Date: | Hits: 110

Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)

....sion (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J  Shahabuddin Ahmed J     Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Motahar Hossain Khan…................................................ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ..

Category: Employment/Service Law | Date: | Hits: 92