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Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....n formed the law takes effect from 28.2.72 the day President's Order No. 16 of 1972 was promulgated. The Government is to form its opinion on the events as they stood on 28.2.72." 16. Applying the principles it should have been enough to dispose of the appeal by affirming the High Court Division'......the then East Pakistan in 1947 and settled in East Pakistan. His father at that time was SecreÂtary, Ministry of Law and later became a High Court Judge. 5. In 1952 he was sent to England with an International passport issued from Dhaka by the then Government of Pakistan and his permanent addres......srs. A.T.J. InÂdustries Ltd. and others, 28 DLR (AD) 120; Bangladesh and others Vs. M/s Speedbird Navigation Co. and others, 30 DLR (SC) 101, McMullen vs. Wadsworth (1889) 14 App. Case 631 (636). Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, inÂstructed by B. Hossain, Advocate..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......2; Omar Ali V. Abdul Ali 8 DLR 311, Basant Singh V. Janki Singh AIR 1967 S.C. 341 (343); Mohammed Seraj V. Adibar Rahma Sheikh and others, AIR 1968 Cal 550; Marianski V. Cairns (1852) 1 Macq 212. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Rec..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......rcome the mischief arising from their default For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......sed…………………….(11) Cases Referred to- Ramjan Ali Mistry vs. Md Hedayetallah (1979) 31 DLR (AD) 183; Profullah Kumar Chakraborty vs. Anil Prosad Chowdhury, (1981) 33 DLR (AD) 55. Lawyers Involved: Moksadul Hakim, Senior Advocate, instructed by N.H. Khondker, Advocate-on-Recor..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......rned Judges of the High Court Division having acquired the accused it cannot be said that their finding is perverse or against any evidence judtifying interference………………………(5 & 6) Lawyers Involved: B. Hossain, Advocate-on-Record. - For the Appellant. Mainul Husain, Advocate..Category: Criminal Law | Date: | Hits: 45
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......pecified in section 339C. Thus the order of the High Court Division stopping all proceeding of trial and release of the accused holding the case to be not pending be set-aside……………(3 & 4) Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, inÂstructed by B.Hossain, Advocate-..Category: Criminal Law | Date: | Hits: 60
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....en made to two decisions of this Court, namely, Ramjan Ali Mistry V. Md. Hedayetullh,(1979) 31 DLR 183 AD Profulla Kumar Chakraborty V. Anil Proshad Chowdhury, (1981) 33 DLR 55 AD which laid down the principle that the default made by a tenant in paying rent within time mentioned in section 18 canno......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ...... Ltd. reported in A.I.R. 1963 Cal. 473, Jugal Kishore Narain Singh and others V. Charoo Chandra Sur and other, reported in A.I.R. 1939 P.C. 159, Lala Beni Ram V. Kundan Lall reported in 26 I.A. 58 Lawyers Involved: S. R. Pal, Senior Advocate, (S. C. Das, Advocate with him) instructed by Syed S..Category: Tenancy Law | Date: | Hits: 109
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......considering the evidence both oral and documentary came to the above finding………………………(10-12) Case Referred to- A.H. Md. Ismail vs. Sachidananda Bhattacharjee 40 C.W.N.769. Lawyers Involved: M.M. Khondker, Senior Advocjte, instructed by Sharifuddin Chaklader, Advocate-o..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....fter the execution of the bainapatra dated 30.12.1972. Whereas the plaintiff claimed by a document dated 8.7.1974 and the suit was brought in 1976. Incidentally the question was raised whether on the principle of section 53A of the Transfer of Property Act the defendant is protected. 6. Dr. Kamal......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......es Referred to- Fazar Ali and another Vs. Afzal Mia and others 9 DLR 258, Jainullah and another Vs. Ami Mia and others 15 DLR 77, Jeo Narayan Matho vs. Budhan Matho and others AIR 1941 Pat 247. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advoc..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....k Ahmed vs. Abdul Kader 38 DLR (AD) 18 this Court took the view that the quashing of the proceeding by the High Court Division was wrong and it was observed: "Keeping in view the well-settled principle we have no hesitation in saying that the quashing of the proceeding in this case was ill......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......ourt……………………….(11) Cases Referred to- Farruk Ahmed vs. Abdul Kader 38 DLR (AD) 18, Abdus Salam Master 36 DLR (AD) 58, Moslem Sharif vs. State, Criminal Appeal No. 2 of 1985. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (S. S. Halder, Senior Advocate with him) in..Category: Criminal Law | Date: | Hits: 46
....ht to purchase the vessel. This right is, in legal terminology, called "inchoate right" which may be protected by an injunction. In support of this contention the learned advocate has referred to the principle of law enunciated by this Court in the cases of M/s. H. Ahmed Vs. M/s. H.D. H. Bros, 32 DL......luded with him…(12 & 16)
Cases Referred to-
M/s. H. Ahmed Vs. M/s. H. D. H. Bros, 32 DLR (AD) 223 and Ummu kawsar Salsabil vs. Shama Corp., 1985 BLD, 263 =37 DLR (AD) 117, R.D. Shetty vs. International Airport Authority, AIR 1979 (SC) 1628.
Lawyers Involved:
Rafiqul Huq, Senior Adv......M/s. H. Ahmed Vs. M/s. H. D. H. Bros, 32 DLR (AD) 223 and Ummu kawsar Salsabil vs. Shama Corp., 1985 BLD, 263 =37 DLR (AD) 117, R.D. Shetty vs. International Airport Authority, AIR 1979 (SC) 1628.
Lawyers Involved:
Rafiqul Huq, Senior Advocate, (M. Fazlul Haque, Advocate with him) instructed b..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....d been served with such notice on 28.3.85. The learned Counsel contended that the impugned order modifying the order of de-requisition was illegal, inasmuch as the same was issued in violation of the principle of natural justice. 7. The learned Counsel placed before the court the notice in "Form ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ...... (SC) 503, Himayatullah Farukhi P.L.D. 1969 (SC) 407, Md. Shoib vs. Govt. of Bangladesh 27 DLR 315, Md. Hemayetullah in 21 DLR (SC) 236 = PLD 1969 (SC) 407 and Shahbaz vs. the State 8 DLR (FC) 20. Lawyers Involved: S.S. Halder, Senior Advocate instructed by Ranesh Chandra Maitra, Advocate-on-R..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......(AD) 282, Mosharraf Hossain Chowdhury v. General Manger, Titas Gas Transmission & Distribution Co. Ltd. 1981 BLD (AD) 61, M/s. Eastern Mercantile Bank Ltd. v. Mohammad Shamsuddin, 21 DLR (SC) 365. Lawyers Involved: Asrarul Hossain, Senior Advocate,(Syed Amirul Islam, Advocate, with him) instru..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....arak. 12. We regret to say that the learned Judges of the High Court Division accepted the evidence of P.Ws. 1,2 and 4 just as they have narrated a story without scrutinizing at all upon a correct principle of assessment of evidence in a criminal case whether the testimony of the said witnesses w......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......Division on guard against accepting evidence of PW 4 Mobarak and others. The evidence on does not justify the order of conviction under section 302/109 and 148 Penal Code…………(15 & 16) Lawyers Involved: Shaukat Ali, Senior Advocate instructed by A. Baset Majumder, Advocate-on-Recor..Category: Criminal Law | Date: | Hits: 55
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ...... the suit premises is found non-existent, she cannot be allowed to defeat the appellants' claim to evict her from the suit premises on the ground of some technical objection…………(7 & 8) Lawyers Involved: A.T.M. Kamrul Islam, Advocate instructed by Syed Sakhawat Ali, Advocate-on-Reco..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....ame form as the opening words of section 7 of the Act of 1939. In Re Munster, Russel J. explained the expression and said (1920) Ch. 278: "In my judgment the Act of 1914 does not depart from these principles or involve confiscation. Under its provisions, the enemy is deprived of beneficial owners......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......¦.(40, 42 & 44) Cases Referred to- Benoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria & another 30 DLR SC 139, RJ. Reuter Co. Ltd. vs. Fred Mulhens 1953 All E.R. 1160. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him),..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......5 C.W.N. 353, Ram Charan and others V. Murli and others AIR 1975 All. 399, Nepal Chandra Dutta V. Mrinal Chandra Dutta AIR 1980 Cal. 184, Nitindra Nath Roy Chowdhury vs. Subhas Ch. Kar 85 CWN 915. Lawyers Involved: Khondker Mahbub Uddin Ahmad, Senior Advocate (Mahbubey Alam, Advocate with him)..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....as otherwise any pecuniary interest" contemplates an interest other than an interest in connection with any contract for work to be done, but it refers to an interest independent of any contract. The principle of 'ejusdem generis,' origin from or belonging to same class, learned Counsel contends is ....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ...... & F. 537, King v. Spyer and The King v. Cassel, 1 KB (1916) Vol.1, p. 595, Farzand Ali v. Province of West Pakistan, PLD 1970 SC 98, Laliteshwer Prasad vs. Bateshwar Prashad, AIR 1966 SC 580. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him), instr..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ...... appellants under section 302/34 altering the same under section 307/34 on appeal by the High Court Division is altered with conviction under section 304 part 1 of the Penal Code…….(8 & 9) Lawyers Involved: B. Hossain, Advocate-on-Record - For the Appellant. Rafiqur Rahman, Se..Category: Criminal Law | Date: | Hits: 62
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......hellip;……Appellant Vs. Mohammadul Huq Usmani & others………………Respondents Judgment March 19, 1987. Lawyers Involved: T. H. Khan, Senior Advocate, (Abu Taher Chowdhury, Advocate, with him) ins..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....nterfered with in second appeal. In explaining the scope of section 100 C.P.C. this court in the case of Erfan Ali Vs. Joynal Abedin Mia, 1983 (BLD) (AD) 342 observed that in every case the general principle to be followed is that a finding of fact arrived at by the court of first appeal shall n...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......……………Respondents Judgment April 5, 1987. Cases Referred to- Erfan Ali vs. Joynal Abedin Mia, 1983 BLD (AD) 342=DLR 35 (AD) 216. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on..Category: Property Law | Date: | Hits: 44
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