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Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....d Administration and Land Reforms filed Writ Petition, No. 307 of 1985 before the High Court Division, Dhaka. On 5th September, 1985 the learned Judges of the High Court Division issued the following Rule Nisi upon the respondents: "Let a Rule Nisi issue calling upon the reÂspondents 1-5 to show......urther, in view of the reasons given for vacating the order, this Division does not feel that there has been any arbitrary exercise of discretion. Thus the appeal is dismissed…………..(9 & 13) Lawyers Referred to: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advoca..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....1987 are dismissed with observations. Appeal No. 12 of 1987 is alÂlowed. The Constitution of Bangladesh, 1972 (as amended) Article 102 The proceedings against the appellants were not drawn the Rules of 1984. As such the provision of discharge cannot be applied therein. These proceedings were ......l v. Keshwar Lai Choudhury & ors., AIR 1941 FC 5, M/s. M. Laxmi & Co. v. Dr. Anant R. Deshpande, AIR 1973 SC 171, Amarjit Kaur v. Pritam Singh and others, AIR 1974 SC 2068, 32 DLR (AD) 65. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, (Md. Fazlul Haque and Ajmalul Hossain, Advocates..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....ots in serial No.22 of the SchedÂule under section 3 of the aforesaid Ordinance were also included in Notification No. 11309 dated 23rd June 1928. This Notification which was passed durÂing British Rule is as follows: "Notification No. 11309 Dacca. Mymensingh. For: The 23rd June 1928......rein are struck down as invalid. Thus judgments of the courts below are set-aside and the suit out of which this appeal has arisen stands abated with effect from 18/09/1982………(8, 9 & 11) Lawyers Involved: B. Hossain, Advocate-on-Record- For the Appellant M.H. Khondker, Senior Advo..Category: Property Law | Date: | Hits: 63
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......(Criminal Appeal Nos. 48 and 49 of 1985) 38 DLR (AD) 246, Malkarjun Vs. Narahari and another, 25 (Bom) 337 P.C., Raja Indrajit Pratap BaÂhadur Sahi Vs. Amar Singh and others, AIR 1923 (P.C.) 128. Lawyers Involved: Golam Rabbani, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......V. Israil Ali and others, 1981 BSCR, 222, Santosh Kumar Chakraborty and others v. Motaleb Hossain and others, 36 DLR (AD) 248=1985 BLD (AD) 59 and Khurshed Anwar v. Jamil Akhter, 1982 BLD (AD) 83. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior AdÂvocate, (Aminul Haq, Advocate with him) ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....sition and Tenancy Act, 1950 [XXVIII of 1951], Sections 19(1), 22 & 50 WORDS, PHRASES AND EXPRESSION ‘Lakhiraj’ lands which existed in the Mughal period and continued through the British Rule extending upto the enactment of the State Acquisition and Tenancy Act ceased to exist. In secti......t to pay rent in respect of the land acquired and delivered to the mill is in accordance with law and the government is entitled to the rent for the present and future……………….(12 & 13) Lawyers Involved: A.W. Bhuiyan, Additional Attorney-General, inÂstructed by B. Hossain, Advocate..Category: Property Law | Date: | Hits: 47
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......nting in favour of either party. So, even though it is unfortunate that the decision in the case turned on two marginal votes only, there is no scope of interference………………..…(16 & 17) Lawyers Involved: T.H. Khan, Senior Advocate, (Abu Taher Chowdhury, Advocate with him) instructed..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......R. (SC) 232, State of Maharashtra V. B. K. Takkamorc A.I.R. 1976 (SC) 1353, State of Assam V. Gauhati Municipality A. I. R. 1967 (SC) 1398, Durayappah v. Fervando and others, 1967 (2) The All England Law Reports 152(07). Lawyers Involved: M. Nurullah, Attorney-General (Hasan Arif, Deputy Attor..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......a Charan A.I.R. 1928 Cal. 539; Damodar v. Banwarilal A.I.R. 1960 Cal. 467; Kshirode Chunder v. Sharada Prosad, 12 Cal LJ 525; Pran Krishna v. Keshab Chandra, 22 Cal. CWN 515; (AIR) 1919 Cal. 1055. Lawyers Involved: S. R. Pal, Senior Advocate, instructed by Kazi Ebadul Huq, Advocate-on-Record-F..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......r request to hold the mediation at that unearthly hour of the night. Offence under section 302/34, 302/109 not being put against accused appellant No. 2-4, they are acquitted………..(7 & 8) Lawyers Involved: Serajul Huq, Senior Advocate, (A.T.M. Kamrul Islam, Advocate with him) inÂstru..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......ILR 61 Cal. 45: (AIR 1934 Call 461); Bholanath Nandi and others vs. Midnapore Zemindary Company Limited and Six Others [1904] 31 LA. 75, Syed Ali and others v. Sarjon Ali and others 18 C.W.N. 735. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him),..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......he death reference could not be taken as an extenuating factor for commutation of the death sentence………………(18) Case Referred to- Nausher Ali Sarder Vs. The State, 39 DLR (AD) 194. Lawyers Involved: Mahbubey Alam, Advocate Supreme Court, inÂstructed by Md. Sajjadul Huq, Advoca..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ...... Vs. Hriday Ranjan Chowdhury & ors...................Respondent Judgment November 11, 1987. Leave was granted to consider whether the Buddhists in Bangladesh are governed by the Hindu Law in matters of succession. The plaintiff and the defendant both took the position that Hin..Category: Property Law | Date: | Hits: 32
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a 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) 116. ......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 ......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 ......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 ......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
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......n support of the document already proved. However the Heba-Bil-Ewaj having been disbelieved by the courts below concurrently shall not be reopened in the fresh trial…………………..(11 & 12) Lawyers Involved: T. H. Khan, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record..Category: Property Law | Date: | Hits: 34
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 ......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