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Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....hers…………………………………….Respondents Judgment January 20, 1992. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Appellants. Dr. Rafiqur Rahman, Senior Advo......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ..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......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. ..................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. ..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 ......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. ......#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......Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Jogendra Nath alias Govinda Sarker ..........Plaintiff‑Appellant. Vs. Amulya Chan..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....ad...............Petitioner Vs. The State ………………………Respondent Judgment January 30, 1992 Lawyers Involved: Moudud Ahmed, Advocate, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑onÂRecord ‑For the Petitioner. Aminul Huq, Attorney‑General (Abdu......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 88
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....For the Appellant. M Shamsul Alam, Deputy Attorney General, instructed by SU Chaklader, Advocate‑on‑Record ‑ For the State (Respondent No. 1). Sirajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondent No. 2. Criminal Appeal No. 16 of......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
.... Khandakar Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Appellant. Rafiqul‑Ul‑Huq, Senior Advocate (Md. Fazlul Huq, Advocate with him), Instructed by Mvi. Md. Wahidullah, Advocate‑on ‑Rec......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 150
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...... 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. ......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. ..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...... 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. ......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. ..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....th him), instructed by Mr. Sharifuddin Chaklader, Advocate‑on‑Record ‑For the Appellants. Asrarul Hossain, Senior Advocate (Shafique Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For Respondent No. 1. Syed Ishtia......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 89
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......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. ...... 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. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
......Respondents Judgment August 7, 1991. Lawyers Involved: AW Bhuiyan, Additional Attorney ‑General, (B Hossain, Deputy Attorney‑ General, with him), instructed by Md. Ayub, Advocate on Record ‑ For the Appellant. Mahfuzur Rahman, Advocate, Supreme ......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ..Category: Property Law | Date: | Hits: 56
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......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. ......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. ..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......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. ...... 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. ..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 ......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. ......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. ..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......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: ......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: ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ers .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (In Civil Appeal No. 22 of 1991) M ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......a Kamal J Latifur Rahman J Government of Bangladesh....................Appellant. Vs. Anis and Co. and others....................Respondents (In Civil Appeal No. 22 of 1991) Abu Taleb alias Tyeb and anothers............Appellants Vs. Anis and Co. others .......................R..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
.... M Nurullah, Senior Advocate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate‑on‑Record ‑ For the Appellant (in both the appeals). Alimuzzaman Chowdhury, Advocate, instructed by Md. Aftab Hossain Advocate‑on‑Record ‑ For Respondent No.1 (In Civil Appeal No. 52 of 1989) ......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......Ismail AIR 1950 Nag 22. Lawyers Involved: M Nurullah, Senior Advocate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate‑on‑Record ‑ For the Appellant (in both the appeals). Alimuzzaman Chowdhury, Advocate, instructed by Md. Aftab Hossain Advocate‑on‑Record ‑ For Resp......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
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......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. ......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. ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....l Misc. Case No. 44 of 1987 under section 561A Cr PC in the High Court Division, Dhaka on 12.4.87 for quashing the proceeding under section 145 Cr PC A rule was issued upon the appellant's father, Md. Ali Akbar who, however, died on 15 April, 1989 during the pendency of the Rule. As already noti...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......le absolute in Criminal Misc. Case No. 44 of 1987 and quashing the proceeding in question. 2. Facts of the case, briefly, are that upon a complaint filed by the father of the appellant, Md, Ali Akbar (since deceased) to the Upazila Magistrate, Sadar, Mymensingh, the Officer‑in‑...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
.... TH Khan, Sr. Advocate, (MA Wahab Miah Advocate with him), instructed by Sharifuddin Chaklader, Advocate‑on‑Record ‑ For the Appellant SC Das Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent No. 1 Not Represe......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......upreme Court Appellate Division (Civil) MH Rahman J ATM Afzal J Mustafa Kamal J Abdul Wahab .....................................Appellant Vs. Ali Ahmed and another .......................Respondents Judgment July 9, 1991 ......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 110
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