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Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991. Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney-Gene......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......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. ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....ropolitan 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....am was a naughty boy and that he used to go out by taking money from his house. He also denied the defence suggestion that the accused persons were at Jessore at the time of occurrence. 54. PW 2 Md. Salim, a student of Class VIII of Bhanga High School testified that on the day of occurrence whe......airul Alam and the two respondents. All of them got down at Takerhat. The respondents told PW 9 Mintu that they were going to hear songs. Thereafter PW 9, Mintu crossed the river and went away. PW 11 Shajahan Bepari and PW 12 Sekander Bepari of Char Prasannadi Mouza, PS Muksudpur saw in the evening ......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......police outpost received the petition (Ext. 2) and made GD entry No. 89 dated 5.1.79. He held inquest on the dead body of Khairul Alam at 4‑25 PM on 5.1.79 on the identification by PW 14 Kazi Walied alias Dintu, and six others. 11. PW 1 Abdus Sattar on receipt of information that a dead body o..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water TransÂport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
.... Lawyers Involved: SR Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record–For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Respondents. Civil Appeal No. 67 of 1986. ......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 ......only medium through which the Court can be satisfied is by way of a separate application". 8. In that decision a reference was made to Mt. Kulsomun Nissa and another Vs. Noor Mohammad alias Sultan Haider and another, AIR 1936 (Allahabad) 666, where Sulaiman, CJ did not approve of a ..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....h him) instructed 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 ...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
...............Petitioner Vs. Enamul Huq and another... ...............Respondents Judgment May 2, 1991. Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-Respondents. ......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ......, Dhaka. Ed. ..Category: Criminal Law | Date: | Hits: 37
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
.... Rajeswar Ghose & others (In both the appeals) ....................Respondents Judgment October 28, 1990. Lawyers Involved: Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record (In both the appeals) - For the Appellant Ex parte (In ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Ashraf Ali Molla (In both the appeals) ...............Appellant Vs. Rajeswar Ghose & ot......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of BanglaÂdesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......thority and is of no legal effect. Ed. ...... having migrated from Murshidabad, India, in 1964, after exchanging their Indian property with the aforesaid premises at 7 Wiseghat Road, Dhaka, which originally belonged to one Akhanda Kumar Bose alias Ajit Kumar Bose. On his death the said property devolved on his son Proddyut Kumar Bose (Resp..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....ust 29, 1990. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record-For the Appellant. Bahauddin Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 7-4, 5(a), 5(a) 1 to 5(a) VIII, 6, 9 ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......d CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh…………….................Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment August 29, 1990. ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
....ar Ali alias Manik Chand………Petitioner Vs. Fazar Ali and others...................Respondents Judgment February 6, 1991. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Crimina...... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ......learned Advocate for the petitioner. The petition is dismissed. Ed. ......ned Advocate for the petitioner. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... Referred to- ALN Satnappa Chetti & ors Vs. Thayyanyaki Ammal, AIR 1942 Mad. 698; Anukul Chandra Chakravarti Chairman, Dhaka Dist. Board, AIR 1928 Cal 485. Lawyers Involved: Md. Mozammel Huq, Senior Advocate instructed by Md. Aftab Hossain, Advocate-Record-For the Appellan...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......4. The case of the plaintiff is that in the last revisional survey the suit land was recorded in possession of the persons mentioned in RS Khatian Nos. 5, 6, 7 and 9 of mouza Pahartali. One Korban Ali had 14 annas share in Khatian No. 5 which was inherited by his son and on his death it devolved...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
.... already been started. PW 12 the Sub‑Inspector of Police came to the house of the accused persons and held inquest on the dead body of Halima. On post-mortem examination of the dead body PW 11, Dr. Md. Hafizur Rahman found ecchymosis on various parts of the body, fracture of the left parietal bone......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......fe Halima Bibi. He was convicted by the Trial Court under section 302 of the Penal Code and sentenced to death by hanging. Four others were acquitted of the charge of murder, but two of them, Ekabbar Ali Pramanik and Majibur Rahman Pramanik, were convicted under section 201 of the Penal Code. The Hi......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ...... Bazar and when they reached near the house of appellant Salem the accused persons attacked them being armed with dagger, gupti, lathis, etc. According to the First Information Report appellants Syed Ali Mal Kashem, Sadek Jamader, Shahjahan and others dealt dagger and gupti blows to deceased Karicha......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....il) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur...........Appellants Vs. Md. Sanaullah........................................Respondent Judgment June 13, 1988. Ci......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ...... Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 33 DLR (AD) 321. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (Md. Khalilur Rahman, Advocate with him), instructed by Syed Sakhawat Ali, Advocate-on-Record— For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Sh......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....re ignoring of certain side-aspects arising out of a piece of evidence. ……….(10) Cases Referred to- Abdur Rashid Khondoker Vs. Chandu Master & ors, 16 DLR (SC) 605. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Abul Quasem, Advocate-on-Record— For the Appellan......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......also Reported in: 40 DLR (AD) (1988) 294 ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitÂted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......s set aside and they are acquitÂted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......onable doubt. The appeal is allowed and the order of sentence set-aside…………………(9&10) Lawyers Involved: Khondker Mahbub Hossain, Advocate, Supreme Court, instructed by Syed Sakhawat Ali, Advocate-on-Record, — For the Appellants. B.Hossain, Assistant Attorney-General, instructÂ......s set aside and they are acquitÂted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....al is allowed. The apÂpellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......al is allowed. The apÂpellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......(3) Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the ApÂpellant B. Hossain, Assistant Attorney-General, inÂstructed by M. Nowab Ali, Advocate-on-Record—For the Respondent. Criminal Appeal No. 2 of 1988. Judgment: M.H......al is allowed. The apÂpellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....akhan Mahato and others Vs. State of Bihar AIR 1966 S.C. 1742, State of Andhra Pradesh Vs. T. Narayana AIR 1962 S.C. 240, Zamir Qasim and others Vs. Emperor, ILR 1944 All 403. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-Genera......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......r Qasim and others Vs. Emperor, ILR 1944 All 403. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 18 of 1985. Judgment: A.T........ Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......uddin Chaklader, Advocate-on-Record, — For the ApÂpellants. B.Hossain, Advocate-on-Record- For the ReÂspondent No. 1(State). Khandker Mahbub Hossain, Advocate, instructÂed by Syed Sakhawat Ali, Advocate-on-Record — For the Respondent No. 16. Not Represented- For the Respondent Nos. 2......es, briefly, is that J.M.Iqbal @ Bachhu Haider, and accused in case no.4 of 1988, was elected chairman of Dighirpar UnÂion Parishad in 1985. The rival party in the election was that of Zaglul Haldar alias Bhulu. The bitterness created in the election between the parties continued and it is alleged ..Category: Criminal Law | Date: | Hits: 48
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