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Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)

.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......umar Karmaker being dead his heirs: Sree Radha Raman Karmaker & others………………………Appellants Vs. Hari Mohan Shil & others………………………Respondents (In Civil Appeal No.103 of 1982) & Sufi Golam Mahiuddin………………………Appellants Vs. ..

Category: Property Law | Date: | Hits: 122

Abdul Quddus Vs. The State, 1991, 20 CLC (AD)

.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... Lawyers Involved : Korban Ali, Advocate, instructed by M Nowab Ali Advocate-on-Record-For the Appellant. B Hossain, Advocate-on-Record - For the Respondent. Criminal Appeal No. 8 of 1991 with Jail Petition No. 1 of 1991. (From the Judgment and order dated 22..

Category: Criminal Law | Date: | Hits: 58

AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)

....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......vocate, instructed by Sharif Uddin Chaklader, Advocate-on-Record-For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Appeal No. 86 of 1989. (From the Judgment and order dated 1.4.1987 passed by the High Court Divis..

Category: Tenancy Law | Date: | Hits: 101

Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)

....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......TH Khan, Senior Advocate, (MA Wahhab Miah, Advocate,with him), instructed by Abu Backkar, Advocate-on-Record-For the Appellant. Nurul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 4 of 1987. (From the judgment and order dated 10.7.85 passed by the High Court ..

Category: Property Law | Date: | Hits: 26

Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)

....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......d by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Criminal Appeal No. 8 of 1989. (From the Judgment and Order dated 9.11 .87 passed by the High Court ..

Category: Criminal Law | Date: | Hits: 51

Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)

.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......For the Appellants (In all the appeals). Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent (In all the appeals). Civil Appeal Nos. 53‑55 of 1990. (From the Judgment and Order dated 12.3.90 & 14.3.90 pa..

Category: Others | Date: | Hits: 88

Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)

....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......Abdul Hamid, Advocate, instructed by M Nowab Ali, Advocate-on-Record-For Respondent No. 1. Ex-parte-Respondent Nos. 2-6 Striking down vide Court's order dated 5.7.88 -Respondent No. 7. Civil Appeal No. 55 of 1986 (From the judgment and order dated 6.8.85 passed by the High Court Divisio..

Category: Property Law | Date: | Hits: 31

Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)

....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......ted by Md. Sajjadul Huq, Advocate-on-Record-For the appellant. Sharifuddin Chaklader, Advocate-on-Record for Md. Ataul Hoque, Advocate-on-Record (absent) - For the respondents. Civil Appeal No. 4 of 1988. (From the judgment and order dated 24-8-87 passed by the High Court Di..

Category: Property Law | Date: | Hits: 30

Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)

....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ...... Advocate-on-Record-For the Appellant. Dr. Rafiqur Rahman, Senior Advocate, (Matiur Rahman, Advocate with him), instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 92 of 1990, (From the judgment and order dated 11 th June, 1990 passed by the H..

Category: Employment/Service Law | Date: | Hits: 125

Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)

....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......q, Advocate-on-Record-For the Appellants. ANM Gaziul Huq, Advocate instructed by Ozair Farooq, Advocate-on-Record-For Respondent Nos. 2- 7. Ex parte - Respondent No. 1. Civil Appeal No. 34 of 1986. (From the Judgment and Decree dated 25.4.85 passed by the High Court ..

Category: Property Law | Date: | Hits: 28

State Vs. Shafique and others, 1991, 20 CLC (AD)

....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......         Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by AW Mallik, Advocate-on-Record-For the Appellant (In Criminal Appeal No. 9 of 1987). AB Majumder, Advocate-on-Record-For the Petitioners (In Criminal Peti..

Category: Criminal Law | Date: | Hits: 49

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....o possess the suit land by paying rents and obtaining dakhilas; that in Kartick 1376 BS the Government Tahsildar disclosed that the suit land was recorded in the name of defendant No. 2, the Deputy Commissioner, Sylhet, and asked the plaintiffs to take settlement from him. After finding on enquir......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 judgment and order dated 5th September 1985 passed by the H..

Category: Property Law | Date: | Hits: 25

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

.... 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)

.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......ey-General, instructed by B Hossain Advocate-on-Record-For the Appellant. Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Criminal Appeal No. 21 of 1986. (From the Judgment and Order dated 27th July 1983 passed by the High Cou..

Category: Criminal Law | Date: | Hits: 38

Modern Shipping Agencies Vs. Central Inland Water Trans­port Corpn. Ltd. & anr, 1991, 20 CLC (AD)

....ondents 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 = PLD 1969 SC 167; Chowdhury Saifuddin Ahmed Vs. S......arifuddin 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. (From the Judgment and order passed by the High Court Division, Chit..

Category: Procedural Law | Date: | Hits: 104

Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)

.... 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. ...... 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. From the Judgment and order dated 7.3.91 passed by the High Court Di..

Category: Criminal Law | Date: | Hits: 54

Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)

....it develops into an infectious practice we like to nip this unhealthy trend in the bud.            The petition is dismissed. Ed. ...... Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-Respondents. Criminal Petition for leave to Appeal No. 26 of 1991. (From the Judgment and order dated 24.2.91 passed by the High Court D..

Category: Criminal Law | Date: | Hits: 34

Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)

.... of one year. Thus, considering the short period of sentence we grant bail to the appellants. The appeal is allowed. Let the 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......volved: Golam Rabbani, Senior Advocate, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellants. Mvi. Wahidulla (Md), Advocate-on-Record-For the Respondent. Criminal Appeal No. 7 of 1990 (From the Order dated 12.3.90 passed by the High Court Division, Dhaka ..

Category: Criminal Law | Date: | Hits: 37

Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)

....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. ...... Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record (In both the appeals) - For the Appellant Ex parte (In both the appeals) - For the Respondents. Civil Appeal Nos. 19 and 20 of 1990. (From the judgment and order dated 9.2.1989 passed by the Hig..

Category: Property Law | Date: | Hits: 31

Muzaffar Ali and other Vs. Government of Bangla­desh and another, 1991, 20 CLC (AD)

.... property under requisition was in the possession of respondent No. 4 Bulbul Lalit Kala Academy as an allottee of the Government on a monthly rental. The appellants applied on 8.9.66 to the Relief Commissioner, Dhaka, under the provisions of the Disturbed Persons (Rehabilitation) Ordinance 1964,......bu Bakkar, Advocate-on-Record-For the Respondent No. 4. Kh. Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent No. 5. Civil Appeal No. 37 of 1988. (From the Judgment and Order dated 9th April, 1987, passed by the Hig..

Category: Property Law | Date: | Hits: 36