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Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)

....visions taking the ground that the public prosecutor in charge of the case had been influenced by one of the accused, Anwar Hossain. The learned Judges of the High Court Division did not issue any Rule or notice upon the accused‑opposite party or the State, but allowed the application and ......s Siraj Madbar and others........Accused‑Appellants Vs. Keramat Ali Bhuiyan and other................................Respondents Judgment August 23rd, 1994. Lawyers Involved: Mvi. Md. Wahidullah, Advocate-on-Record ‑ For the Appellant. ..

Category: Criminal Law | Date: | Hits: 67

Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)

....of Criminal Procedure before the Sylhet Bench of the High Court Division, Criminal Revision No. 61 of 1989, for quashing of the proceeding in GR case No.76 of 1986 so far as they werd concerned. A Rule was issued and the case on transfer to Dhaka was renumbered as Criminal Revision No. 3332 of 1......ifur Rahman J Afia Khatoon ........................Petitioner Vs. Mobasswir Ali and others............................Respondents Judgment July 13th, 1994. Lawyers Involved: AKM Faiz, Advocate (appeared with leave of the Court), instructed by M Naw..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)

....Afzal J.- This appeal by the Government following leave is from judgment and order dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993 making the Rule absolute and directing that the detenu Dr. Haripada Chowdhury, former Deputy Chief Medical Offi......Gholam Mani vs. Government of West Pakistan, 19 DLR (SC) 403; Mir Abdul Baqi Baluch vs. Government of Pakistan, 20 DLR (SC) 249; Messrs Faridsons Ltd. vs. Government of Pakistan, 13 DLR (SC) 233. Lawyers Involved: M Shamsul Alam, Deputy‑Attorney General, instructed by Sharifuddin Chaklader,..

Category: Constitutional Law | Date: | Hits: 185

Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)

....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......oji Rao, AIR 1965 SC 1405; Latifur Rahman vs. Golam Ahmed Shah, 39 DLR (AD) 242 =1986 BLD (AD) 231; Rakhal Dasi vs. Ayesha Khatun, 1985 BLD (AD) 45 and Jogesh vs. Farida, 1983 BLD (AD) 225. Lawyers Involved: Khondakar Mahbubuddin Ahmed, Senior Advocate instructed by Md. Aftab Hoss..

Category: Property Law | Date: | Hits: 69

Haider Ali Khan vs. State, 1995, 24 CLC (AD)

....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ................Accused‑Petitioner Vs. State………………………….Respondent Judgment August 30th, 1994. Lawyers Involved: MA Wahhab Miah, Advocate, instructed by Shamsul Haque Siddique, Advocate&#..

Category: Criminal Law | Date: | Hits: 74

Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)

....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 .......................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondents Judgment June 15th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahabubey Alam, Advocate with..

Category: Property Law | Date: | Hits: 51

Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)

....t. 1 elaborately and after considering several decisions concurred with the lower appellate Court that Ext, 1 confers on the plaintiff the right of enjoyment of usufruct during her lifetime only, The Rule was discharged. It appears from the revisional application before the High Court Division that ......nbsp; November 8, 1994.  Result: The decree is dismissed. Words and phrases Hiba and Ariyal There is a distinction between gift (Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim..

Category: Property Law | Date: | Hits: 146

Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)

....ment of the plaint for a further declaration that the appellants are not the son and daughter of the said Syed Mohammad Azam. The prayer for amendment having been allowed the appellants obtained a Rule on 19.2.92 from the High Court Division in Civil Revision Case No. 76 of 1992 which is pendin.............................Appellants   Vs. The Secretary, Ministry of Works, Government of Bangladesh and others ....Respondents Judgment June 26th, 1994. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by M Nawab Ali, Advocate-on-..

Category: Property Law | Date: | Hits: 62

State Vs. MA Malik, 1995, 24 CLC (AD)

....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...................Petitioner Vs. MA Malik……………………….Accused‑Respondent Judgment September 5th, 1994 Lawyers Involved: AW Bhuiyan, Addition Attorney‑ General, instructed by B Hossain, Adv..

Category: Criminal Law | Date: | Hits: 64

Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)

..... ATM Afzal J.- This appeal by leave by an unsuccessful writ‑petitioner is from judgment and order dated 13 February, 1992 passed by a Division Bench of the High Court Division discharging the Rule in Writ Petition No. 1539 of 1991. 10. The appellant, a private limited company, is engaged...... Ministry of Public Works and Urban Development, Bangladesh Secretariat, Dhaka and others .....................Respondents Judgment August 18, 1994. Result: The appeal is dismissed. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Shamsul H..

Category: Property Law | Date: | Hits: 79

Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)

....ainst him do not constitute any criminal offence of misappropriation, cheating or forgery. The High Court Division, after hearing the parties, by the impugned order dated 15 July 1993, discharged the Rule issued earlier on the said revisional application observing that at this stage the question of ......uddin Ahmed.....................Appellant Vs. State……………………....................................Respondent Judgment June 19, 1994. Result: The appeal is dismissed. Lawyers Involved: Rokonuddin Mahmud, Advocate, Supreme Court, instructed by Shamsul Haque Siddiqu..

Category: Criminal Law | Date: | Hits: 76

Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)

.... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ............................ Defendant‑Petitioners Vs. Shahed Ali and others ....... ....................Plaintiff‑Respondents Judgment February 17th, 1994. Lawyers Involved: Md. Harun‑ur‑Rashid, Advocate, instructed by Sharifuddin Chakl..

Category: Property Law | Date: | Hits: 64

Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)

....f the High Court Division noticed these developments and the indignations expressed by the two Courts below and refused to interfere with the orders of the appellate Court below and discharged the Rules in the two revision cases. 9. At no stage of the proceeding the defendant‑appell......ases Referred to- Abdul Jalil Munshi vs. Abu Bakar Siddique, 35 DLR (AD) 42 at para 12; Daniel vs. Ferguson (1891) 2 Ch. 27 and Von Jeel vs. Hornsey (1895) 2 Ch. 774; 35 DLR (AD) 42. Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate̴..

Category: Civil Law | Date: | Hits: 106

Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)

....983 of the Ministry of Defence, the Government gave approval to the proposal for the appellant's compulsory retirement from the Military Service under section 16 and rule 12 of the Army Act and the Rules respectively. On the basis of that order the appellant was released on 1 August 1983. On 17 A......ce Unions and others vs. Minister of Civil Servicc(1984) 3 WLR 1174; Dr. Ram Manohar Lohia vs. State of Biliar (1966) 1 SCR 709; AIR 1966 (SC) 740, 747 and (AIR 1983 (SC) 537,539‑40). Lawyers Involved: Asrarul Mossain, Senior Advocate, instructed by M Nawab Ali, Advocate̴..

Category: Constitutional Law | Date: | Hits: 203

Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)

....amal J.- This appeal by leave of the plaintiff appellant is from the judgment and order dated 9-6-94 passed by a Division Bench of the High Court Division in Civil Revision No.1350 of 1993 making the Rule absolute and setting aside judgment dated 6-2-93 passed by the 2nd Court of Subordinate Judge S......ff wishes to lay stress on either the first suit or the second suit, having regard to the fact that he is obliged to pursue the two suits basically for the same remedy……………(10 & 15) Lawyers Involved: Fazlul Haque, Advocate (appeared with the leave of the Court, instructed by Md...

Category: Property Law | Date: | Hits: 59

AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)

....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......eferred to- Khagendranath Nath vs. Umesh Chandra Nath, AIR 1958 (Assam) 183; Serajul Huq Chowdhury vs. Nur Ahmed Chowdhury, 19 DLR 766; AFM Shah Alam vs. Majibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddiq..

Category: Election Law | Date: | Hits: 133

Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)

.... 1990). Judgment Mustafa Kamal J: This appeal by leave by the complainant-appellant is from the judgment and order dated 4-5-92 passed by a Division Bench of the High Court Division making the Rules absolute in Criminal Revision Nos. 371 of 1989 and 490 of 1990, thereby setting aside the orde......ppeal is allowed. Cases Referred to- Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 DLR (AD) 18, Bangladesh vs. Yeakub Sarder, 40 DLR (AD) 246. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by M. Nawab Ali, Advocate-on -Rec..

Category: Criminal Law | Date: | Hits: 85

Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)

....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......-Appellant Vs. Md. Jalaluddin Pramanik…………………Defendant-Respondent Judgment May 22, 1996. Case Referred To- B. Kunwar vs. Ranjit Singh. AIR 1915 PC 96= 42 IA. 202. Lawyer Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record â..

Category: Tenancy Law | Date: | Hits: 87

Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)

....angladesh Shipping Corporation, briefly BSC, from the judgment and order dated April 7, 1993 passed by a Division Bench of the High Court Division in Civil Revision No.1380 of 1991 discharging the Rule and thereby upholding the concurrent judgments and decrees of the Courts below in a suit for d......[In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others……………………Respondents Judgment May 13, 1996. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Faiz Ahmed, Advocate with him..

Category: Employment/Service Law | Date: | Hits: 77

Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)

.... 40 petitions, at the instance of the Collector of Customs and others, arise out of a common judgment and order dated 13 April, 1994 passed by a Division Bench of the High Court Division making the Rules absolute in the respective writ-petitions filed by the respective respondents herein. ...... 227; 40 DLR 273; 42 DLR (AD) 167; Trade Channel vs. Collector of Customs (1992) 12 BLD) (HCD) 5; Abul Kashem vs. Bangladesh 47 DLR 57; Md. Brothers vs. Collector of Customs 48 DLR (AD) 58. Lawyers Involved: A W Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocat..

Category: Business or Commercial Law | Date: | Hits: 126