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Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)

....ad Ali, Advocate, with him), instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent Nos. 1 to 8. No one for the Respon......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......n, being dead, his heirs: Shanu Begum and others .................... Respondents Judgment May 15th, 1990. Lawyers Involved: MH Khandker, Senior Advocate, (AJ Mohammad Ali, Advocate, with him), instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellan......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..

Category: Property Law | Date: | Hits: 80

Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)

....p;…Appellant Vs Shantosh Kumar Sadhu and another ..................Respondents Judgment May 9th, 1993. Cases Referred to- Abdul Awal Chowdhury Vs. Md. Waliullah 12 DLR 520; Md. Anwar Ali Vs. State & Nezamuddin 30 DLR 327. Lawyers Invo...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ...... Shantosh Kumar Sadhu and another ..................Respondents Judgment May 9th, 1993. Cases Referred to- Abdul Awal Chowdhury Vs. Md. Waliullah 12 DLR 520; Md. Anwar Ali Vs. State & Nezamuddin 30 DLR 327. Lawyers Involved: MA Wahhab Miah, Advocat......al) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J. Arifur Rahman alias Bablu…………Appellant Vs Shantosh Kumar Sadhu and ano..

Category: Criminal Law | Date: | Hits: 70

Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)

....hmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Additional Deputy Commissioner (Revenue), Manikgonj ................Petitioner Vs. Md. Siddiqur Rahman and others …………Respondents Judgment ......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......tioner, contends that the concurrent finding of facts arrived at by the trial Court and the appellate Court is not based on proper consideration of the evidence. Evidence on record shows that Wahab Ali, predecessor-in- interest of the plaintiffs, took the Pattan from Sunil Chandra Ghosh, some ti......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..

Category: Property Law | Date: | Hits: 62

Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)

....269; (LV Jadhav Vs. Sangkar Abashahab Power, AIR 1983 (SC) 1219=1983 Criminal Law Journal 1501. Lawyers Involved: Syed Ziaul Karim, Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record -For the Appellant. M Shamsul Alam, Deputy Attorney-General, in...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......adhav Vs. Sangkar Abashahab Power, AIR 1983 (SC) 1219=1983 Criminal Law Journal 1501. Lawyers Involved: Syed Ziaul Karim, Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record -For the Appellant. M Shamsul Alam, Deputy Attorney-General, instructed b...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..

Category: Criminal Law | Date: | Hits: 69

Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)

....s. Rajdhani Unnayan Kartripakha and others ...........................Respondents Judgment March 31st, 1994. Lawyers Involved: Awlad Ali, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Syed Ishtiaq Ahmed, Senior Advoca......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ...............Appellants Vs. Rajdhani Unnayan Kartripakha and others ...........................Respondents Judgment March 31st, 1994. Lawyers Involved: Awlad Ali, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Syed ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..

Category: Procedural Law | Date: | Hits: 102

Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)

....yers Involved: SR Pal, Sr. Advocate, with BN Chowdhury, Advocate, instructed by A Rab II, Advocate-on- Record- For the Appellants. Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on- Record-For the Respondents 14. CA 172 of 1979 from CR 942 o......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......nbsp; Badrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury and another...................Appellants Vs. Ali Hossain (Md) & ors...................Respondents Judgment November 26th, 198......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ..

Category: Civil Law | Date: | Hits: 134

Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)

....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ...... Sree Indu Bhushan Sarker...................Respondent Judgment January 12th, 1981. Case Referred to- Zamiruddin Vs. Havas Khan 21 DLR (SC) 39; Muhammad Nurul Islam alias Nurul Vs. Anath Ram Sarma 17 DLR 261; Civil Reference No. 1 of 17 DLR 415. Lawyers In..

Category: Property Law | Date: | Hits: 70

Mahbub and others Vs. State, 1994, 23 CLC (AD)

......Accused-Petitioners Vs. State .................... Respondent Judgment March 10th, 1994. Lawyers Involved: Alimuzzaman Chowdhury, Advocate instructed by Md. Nawab Ali, Advocate-on-Record -For the Petitioners. Not Represented – The Re...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ......hman J. Mahbub and others ................Accused-Petitioners Vs. State .................... Respondent Judgment March 10th, 1994. Lawyers Involved: Alimuzzaman Chowdhury, Advocate instructed by Md. Nawab Ali, Advocate-on-Record -For the Peti...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ..

Category: Criminal Law | Date: | Hits: 55

Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)

.................. Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd, 1994. Lawyers Involved: Abu Nesr Md. Gaziul Haque, Senior Advocate, instructed by Md. Ozair Farooq, Advocate-on- Record -For the App......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ...... Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Mannan alias Manu........ ..................... Appellant Vs. Sajedul Hoque..

Category: Election Law | Date: | Hits: 136

Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)

.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... Chittagong Urban Co-operative Bank Ltd ..................Respondent Judgment March 10th, 1980. Cases Referred to- Mst. Siraj Fatima Vs. Mahmood Ali AIR 1932 (All) 293; Iftekhar Hussain Vs. Beant Singh AIR 1946 (Lah) 233. Lawyers ......on filed in the partition suit by DL Ghose, brother of Roy Bahadur TL Ghose, the father of the plaintiffs. In this application the daughters of Roy Bahadur TL Ghose have been mentioned as Usha Rani alias Chanchola, Rekha alias Manju and Shika alias Hasu. The trial Court considered that so far as ..

Category: Property Law | Date: | Hits: 130

Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)

....R 217; Golam Hafiz Mia Vs, Khadem Ali Miah, 29 DLR (SC) 311; 41 DLR 190; Narsingh Prasad Paul Vs. Still Products Ltd. AIR 1953 (Cal) 15. Lawyers Involved: SR Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants in both the Appeals. Ex Parte - Respon......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......esent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Kalam Azad and another ……………Appellants [in both the Appeals] Vs Sunhar Ali and others ..................... Respondents [in both the Appeals] Judgment August 5th, 19......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..

Category: Tenancy Law | Date: | Hits: 81

Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)

....ingh Vs. State of Delhi AIR 1971 (SQ 1552 (1553); Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others 44 DLR (AD) 267-270. Lawyers Involved: M Nurullah, Senior Advocate, instructed by Md. Aftab Hossain, Advocate -on-Record - For the Appellant. Dr. Rafiqur Rahman, Senior Advocate, ......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......vil) Present: MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Post Office High School, represented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Ref......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..

Category: Employment/Service Law | Date: | Hits: 101

Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)

....etitioner-Appellant [Civil Appeal No. 51 of 1989] Md Nasim on behalf of his father Shawkat Ali Khan ........................ Appellant [Criminal Appeal No. 15 of 1991] Md. Idris Patwary.....................Accused-Appellant [Criminal Appeal No. 4 of 1992] ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......stafa Kamal J Latifur Rahman J. Helaluddin Ahmed alias Swapan..................Petitioner-Appellant [Civil Appeal No. 51 of 1989] Md Nasim on behalf of his father Shawkat Ali Khan ........................ Appellant [Criminal Appeal No. 15 of 1991] Md. Id......rt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Helaluddin Ahmed alias Swapan..................Petitioner-Appellant [Civil Appeal No. 51 of 1989] Md N..

Category: Constitutional Law | Date: | Hits: 174

Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)

.... 18 of the Ordinance on the ground of default, bonafide requirements and on other clauses mentioned in (a) to (e) of the proviso to sub‑section (I) of section 18 a tenant can be evicted. 12. Mr. Md. Nurul Huq, learned advocate' appearing for the plaintiff-respondent, on a reference to sub‑sec......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ...... landlord-respondent sent another legal notice in the same terms for service through his Manager, PW 2 Mohammad, who served the same by hanging it in the shop premises in the presence of PW 3 Shaukat Ali on 22.10.84 upon the refusal of the appellant to accept it. The appellant replied to the second ......d under the Transfer of Property Act and Contract Act and those two Acts are not entirely excluded by the provisions of the Ordinance. ……………………(29) Cases Referred to- Pradhip Das alias Shambhu and others Vs. Kajal Das Sarma and others 44 DLR (AD) 1; 32 DLR (AD)171. Lawyers In..

Category: Tenancy Law | Date: | Hits: 87

AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)

....alehuzzaman, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate -on-Record‑For the Respondent (In Civil Appeal No. 24 of 1992). Abdur Rab Chowdhury, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant (In Civil Appeal No. 82 of 1992). Abdur ......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......�……………………..(13 & 14) Cases referred to- Kadir Bux Vs. Province of Sind 1982 SCMR 593, FA Khan Vs. Government of Pakistan 16 DLR (SC) 405. Lawyers Involved: AJ Mohammad Ali, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Appellant. AY Sal......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..

Category: Administrative Law | Date: | Hits: 129

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

....case (AIR, 1988); Jugal Kishore Sharma Vs. Vijayendra Sharma, AIR 1993, (SC) 864; State of Orissa Vs. Lalchand Kapani, AIR 1993, (SC) 2464 and State of Orissa Vs. BN Agarwalla, AIR 1993, (SC) 2521; Md. Eunus Vs. University of Chittagong, 44 DLR (AD) 296; Kamaphuli Works Ltd. Vs. Sonali Bank 46 DL......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..

Category: Business or Commercial Law | Date: | Hits: 98

Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)

....7 DLR 597. Lawyers Involved: B Hossain, Deputy Attorney‑General, instructed by MR Khan, Advocate-on-Record (absent) - For the Appellants. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented -Respondent Nos. 2-1......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......sideration of the decision of the Joint Secretary, there was a spot‑ enquiry by the Deputy Land Reforms Commissioner, Khulna Division, after notice to the parties, who not only heard Mr. Md. Hayder Ali, Governing Director of respondent No, 1, but also examined the papers and documents produced bef......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..

Category: Property Law | Date: | Hits: 69

Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)

.... Mohammad Golam Rabbani J Mafizuddin and others....................Petitioners Vs. Alauddin and another............Opposite Parties [In Crl. Rev. No. 2053] Md. Sher Ali and ors ........................... Petitioners Vs. State an......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......ation is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..

Category: Criminal Law | Date: | Hits: 76

Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)

....mensingh and another….Respondents Judgment March 8th, 1994. Lawyers Involved: Maksum-ul-Hakim, Senior Advocate (Zakir Hossain, Advocate with him) instructed by Md. Nawab Ali Advocate-on-record -For the Appellants. Md. Ozair Farooq, Advocate-on-Record-F......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commis......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..

Category: Criminal Law | Date: | Hits: 98

Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)

....ition No. 58 of 1993) Judgment November 15, 1993. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney‑General, with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. (In Civil Appeal No. 20 of 1993). Fazlul ......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......ty Attorney‑General, with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. (In Civil Appeal No. 20 of 1993). Fazlul Karim, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent Nos. 1‑3. (In Civil Appeal No. 20 of 1993). Asrarul ......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..

Category: Property Law | Date: | Hits: 64

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